Acts and resolutions of the General Assembly of the state of Georgia 1914 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: CHAS. P. BYRD 19140000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1914 19140000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA. CHAS. P. BYRD, State Printer 1914

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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, COUNTY, AND MUNICIPAL COURTS TITLE II.COUNTY MATTERS PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS TITLE II.INSURANCE COMPANY PART IV.RESOLUTIONS

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1914 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. University of Georgia, for Repairs of State Normal School. University of Georgia, for Normal and Industrial College, and for School of Technology. University of Georgia, for State Normal School and Fire Insurance. Agricultural, Industrial and Normal College in South Georgia. Agricultural Department and Experimental Station. Agricultural Department, Additional Amount for Chemical Department. Agricultural Department, for Nitrate Setting Bacteria. Reports of Supreme Court and Court of Appeals. Tuberculosis Sanitarium, Additional Appropriation. Confederate Soldiers' Home, Additional Appropriation. Commerce and Labor Department, Contingent Expenses, Salaries, etc. State Sanitarium, Additional Appropriation. Entomology, for Eradication of Cotton Boll-Weevil, etc. Cattle Tick, for Eradication of. Hog Cholera Investigation, Distribution of Serum. UNIVERSITY OF GEORGIA, FOR REPAIRS OF STATE NORMAL SCHOOL. No. 467. An Act to appropriate to the Trustees of the University of Georgia for the use of the State Normal School at

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Athens, the sum of fifteen thousand dollars, for the purpose of repairing and adding to the buildings and heating plant of the State Normal School. SECTION 1. WHEREAS, all the buildings on the campus of the State Normal School are very much in need of repairs, no appropriation ever having been made by the General Assembly for repairs, and Preamble. WHEREAS, the board of trustees of said school have recently met and inspected said buildings, and passed a resolution that the same should be repaired at once in order to preserve the property in good condition, and WHEREAS, under said resolution a committee was appointed with power to employ an expert who should make a thorough examination and report the exact condition and the repairs necessary and to secure bids for said work, and WHEREAS, the report has been submitted and the bids secured, and WHEREAS, in the opinion of the trustees of said school and the president, it is absolutely necessary that these repairs be done and additions made in order that said school may continue to use said buildings to the fullest extent and derive the full benefits for which they were erected, and to the end that the State's property may not be depreciated; therefore, 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 fifteen thousand dollars be, and the same is, hereby appropriated to the Trustees of the University of Georgia for the purposes aforesaid; that is, for the repairing of buildings of the State Normal School and making such additions and repairs as may be necessary as indicated by the board of trustees for said school. $15.000 appropriated for additions and repairs. SEC. 2. Be it further enacted by the authority aforesaid, That the money hereby appropriated shall be paid over to the treasurer of the University of Georgia and by him turned over to the board of trustees of the State Normal

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School to be expended by said trustees for the purpose aforesaid. To be expended by the trusttees. SEC. 3. Be it further enacted by the authority aforesaid, That said board of trustees shall furnish to the Governor an itemized statement of the expenditures of said money herein appropriated upon the completion of the work. Statement of expenditures to be furnished. 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, 1914. UNIVERSITY OF GEORGIA, FOR NORMAL AND INDUSTRIAL COLLEGE AND FOR SCHOOL OF TECHNOLOGY. No. 523. An Act to appropriate five thousand ($5,000.00) dollars to the Trustees of the University of Georgia for the use of the Georgia Normal and Industrial College at Milledgeville, Georgia; also the sum of $10,000.00 to said trustees for the use of the Georgia School of Technology, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of five thousand ($5,000.00) dollars be and the same is hereby appropriated to the Board of Trustees of the University of Georgia for the use of the Georgia Normal and Industrial College at Milledgeville, Georgia, to be used as an additional maintenance fund for said college. $10,000 to Normal and Industrial College. SEC. 2. The sum of ten thousand dollars is hereby appropriated to the Trustees of the University of Georgia for the use of the Georgia School of Technology for maintenance out of any funds not otherwise appropriated, and the

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Governor is hereby authorized to draw his warrant for said sum. $10,000 to School of Technology. 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, 1914. UNIVERSITY OF GEORGIA, FOR STATE NORMAL SCHOOL AND FIRE INSURANCE PREMIUMS. No. 527. An Act to appropriate to the Trustees of the University of Georgia, the sum of five thousand ($5,000.00) dollars for the State Normal School at Athens; to supplement the Appropriation Act of 1913, to supply the deficiency in said appropriation for the support and maintenance of said school; also the sum of $2,168.33 to said trustees to pay fire premiums on the buildings of said University, taken from the maintenance fund of said University, 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 five thousand ($5,000.00) dollars be and the same is hereby appropriated to the Trustees of the University of Georgia for the use of the State Normal School at Athens, to supplement the appropriation contained in the general appropriation Act of 1913, to supply the deficiency in said appropriation for the support and maintenance of said school. $5,000 for use of State Normal School. SEC. 2. Be it further enacted by the authority aforesaid, That the money hereby appropriated shall be paid over to the treasurer of the University of Georgia on his application therefor, and be by him turned over to the treasurer of the board of trustees of said State Normal School to be expended by said board for the purpose aforesaid. To be expended by the trustees.

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SEC. 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of $2,168.33, be and the same is, hereby appropriated to the trustees of said University of Georgia for the use of said University to replace said sum or amount taken from the maintenance fund of said University for the purpose of paying the fire insurance premiums on the buildings at said University for 3 years. $2,168.33 for insurance permiums paid. 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, 1914. AGRICULTURAL, INDUSTRIAL AND NORMAL COLLEGE IN SOUTH GEORGIA, FOR INSURANCE. No. 528. An Act to appropriate the sum of fifteen hundred and sixty-seven ($1,567.00) dollars for the purpose of reimbursing the trustees of the Agricultural, Industrial and Normal College, established in South Georgia, at Valdosta, by the Acts of 1906, page 75, for a like sum paid out by them for fire insurance upon the buildings while in course of construction, and the premium upon the policies now of force. SECTION 1. Be it enacted by the General Assembly and it is hereby enacted by authority of the same, That the sum of fifteen hundred and sixty-seven ($1,567.00) dollars be, and the same is hereby appropriated for the purpose of reimbursing the Trustees of the Agricultural, Industrial and Normal College, located at Valdosta, in South Georgia, for the premiums paid by them on account of builder's risk policies insuring against fire while the buildings were in course of construction, and for the premium on the current fire insurance policies, now in force, for the protection of

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the buildings of said institution. The said sum to be paid to the treasurer of the board of trustees, to be used for the purpose aforesaid. $1,567 appropriated for insurance premiums paid. Payable to treasurer of trustees. 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, 1914. AGRICULTURAL DEPARTMENT AND EXPERIMENT STATION. No. 473. An Act to appropriate the sum of five thousand ($5,000.00) dollars to the Department of Agriculture for the purpose of practically carrying out the designs for which the Department of Agriculture was instituted; to the Experiment Station of Georgia, for the purpose of repairing and preserving the buildings of the same, the sum of twenty-five hundred 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 the authority of the same, That for the purpose of carrying out the designs for which the Department of Agriculture was instituted in this State, an appropriation shall be made for the support and maintenance of said department, and for the payment of employees that it will be necessary to employ to properly carry out the intentions of this article, and for the payment of various publications the Commissioner of Agriculture may deem necessary to issue from time to time, the intent of said publications to be the exploiting of the various agricultural interests of the State of Georgia, of five thousand ($5,000.00) dollars per annum; said sum not to include the salary of the commissioner or his clerk. Said amount shall be especially appropriated from the Treasury

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for said purpose, and shall be accounted as an annual expense of the State; and said amount shall be drawn from the State Treasury, by the commissioner, under rules to be established for said commissioner by the Governor. Said commissioner shall make a quarterly report of the receipts and expenditures of his office; and the same shall be approved by the Governor before any further amount is drawn by said commissioner from the Treasury. $5,000 appropriated to maintain department annually. How drawn. Quarterly reports of expenditures. To the Experiment Station of Georgia, for the purpose of repairing and preserving the buildings of the same, the sum of twenty-five hundred dollars. $2,500 to Experimental Station. 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, 1914. AGRICULTURAL DEPARTMENT, ADDITIONAL AMOUNT FOR CHEMICAL DEPARTMENT. No. 499. An Act to appropriate the sum of seven thousand five hundred ($7,500.00) dollars for the Department of Agriculture for the chemical department, 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 seven thousand five hundred ($7,500.00) dollars, or so much thereof as may be necessary, is hereby appropriated annually to the Department of Agriculture for the employment of additional assistance to the State Chemist, for maintenance 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 expenses incidental to the inspection and analyses

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of fertilizers, feeding stuffs, food and drugs. This appropriation to be in addition to the sums now appropriated for maintenance of the chemical department of the Department of Agriculture. $7,500 additional appropriated annually for Chemical Department. 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 and that this Act take effect from and after its passage. Approved August 17, 1914. AGRICULTURAL DEPARTMENT, FOR NITRATE SETTING BACTERIA. No. 525. An Act to appropriate the sum of $2,000.00 to the Department of Agriculture for the culture of nitrate setting bacteria. SECTION 1. Whereas it has been demonstrated that the growing of leguminous crops are most beneficial to the soil and that the successful growing of these crops are dependent on the inoculation of the soil by nitrogen setting bacteria, therefore, 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 two thousand ($2,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated annually out of the fees arising from the sale of fertilizer tax tags to the Department of Agriculture, for the purchase of chemicals and for the equipment and maintenance of a laboratory for growing nitrogen setting bacteria for leguminous crops. $2,000 from sale of fertilizer tags annually. SEC. 2. Be it further enacted, That the Commissioner of Agriculture is hereby authorized to grow and distribute these bacteria to the farmers of the State at a price not to exceed the cost of producing.

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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, and that this Act become effective from and after its passage. Approved August 17, 1914. REPORTS OF SUPREME COURT AND COURT OF APPEALS, DEFICIENCY APPROPRIATION. No. 486. An Act to supplement the existing appropriation for printing new volumes of reports of the Supreme Court and Court of Appeals, so as to make the said appropriation sufficient to cover the cost of printing the volumes that will be published within the latter half of the year 1914, and during the year 1915. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That, in addition to the appropriation made by the Act of 1913, for printing new volumes of reports of the Supreme Court and Court of Appeals, for each of the years 1914 and 1915, the sum of sixty-seven hundred dollars, or so much thereof as may be needed, be and the same is hereby appropriated for each of the fiscal years 1914 and 1915; said amount to be available in addition to the existing appropriation for each of said years, to cover the cost of printing, under the existing contract and as required by law, the volumes of said reports that shall be published within the remainder of the year 1914, and during the year 1915. $6,700 additional for 1914, and same for 1915. 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, 1914.

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TUBERCULOSIS SANITARIUM, ADDITIONAL APPROPRIATION. No. 488. An Act to appropriate the sum of five thousand dollars for the year 1914, and five thousand dollars for the year 1915, for the support and maintenance of the Georgia State Tuberculosis Sanitarium situated at Alto, 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 there be appropriated from the funds of the Treasury not otherwise appropriated the sum of five thousand ($5,000) dollars, to the Board of Trustees of the Georgia State Tuberculosis Sanitarium for the purpose of supporting and maintaining said Institution for the year 1914, and the further sum of five thousand ($5,000) dollars to the said trustees for the support and maintenance of said Sanitarium for the year 1915. The appropriation of the above named sums is made in addition to the amount provided for in the general appropriation bill approved the 19th day of August, 1913. $5,000 for each of years 1914 and 1915. 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, 1914. CONFEDERATE SOLDIERS HOME, ADDITIONAL APPROPRIATION. No. 489. An Act to appropriate the sum of nine thousand dollars to the support of the Confederate Soldiers Home of Georgia, in addition to the amount appropriated by the Act of August 19th, 1913, making appropriations for the

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support of the State government, public institutions, etc., for the years 1914 and 1915, three thousand dollars to be available for 1914, and the balance, six thousand dollars, for the year 1915, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, that in addition to the amount appropriated for the support of the Confederate Soldiers Home of Georgia, by the appropriation Act approved August 19, 1913, making appropriations for 1914 and 1915, there is hereby appropriated the sum of nine thousand dollars, payable out of any money in the State Treasury not otherwise appropriated, to be available as follows: Three thousand dollars to be paid to the treasurer of the board of trustees of said institution upon requisition of the trustees for 1914. The balance, six thousand dollars, to be added to the annual appropriation for the support of the soldiers home for the year 1915, and to be paid in monthly installments as now required by law, by warrant drawn by the Governor and payable to the treasurer of the board of trustees of said soldiers home. $9,000 appropriated; $3,000 for 1914, $6,000 for 1915. How drawn. 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, 1914. COMMERCE AND LABOR DEPARTMENT, FOR CONTINGENT EXPENSES, INCREASED ALLOWANCE, ETC. No. 492. An Act to make appropriation for the contingent expenses of the Department of Commerce and Labor for the years 1914 and 1915, to pay the increased allowance of said Department for the years 1914 and 1915, and to pay the increased salary of the chief clerk and stenographer of

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said department from August 18th 1913, to December 31st, 1913, and for the years 1914 and 1915, as provided for by the Act approved August 18th, 1913. SECTION 1. 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 sums of money be and the same are hereby appropriated on account of and for the contingent expenses of said Department of Commerce and Labor for the years 1914 and 1915, and for the increased salary of the chief clerk and stenographer of said department: Period of time covered. Paragraph 1. To provide a contingent fund to meet the incidental expenses of said Department of Commerce and Labor for each of the years 1914 and 1915, nine hundred dollars, or so much thereof as may be necessary. $900 for incidental expenses. Paragraph 2. To provide a contingent fund to meet the incidental expenses of said department for each of the years 1914 and 1915, nine hundred dollars, or so much thereof as may be necessary, the same being the increased allowance as provided for by an Act approved August 18th, 1913. $900 contingent fund. Paragraph 3. To pay the chief clerk of the Department of Commerce and Labor, increased salary from August 18th, 1913, to December 31st, 1913, the sum of two hundred and twenty dollars, as provided for by an Act approved August 18th, 1913, increasing said salary. Increased salary of chief clerk. Paragraph 4. To pay the chief clerk and stenographer of the Department of Commerce and Labor, increased salary for each of the years 1914 and 1915, the sum of six hundred dollars, as provided for by the Act approved August 18th, 1913, increasing said salary. Salary of chief clerk and stenographer. 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, 1914.

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STATE SANITARIUM, ADDITIONAL APPROPRIATION. No. 514. An Act to supplement the appropriation heretofore made for the support of the Georgia State Sanitarium for the years 1914 and 1915, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That there be appropriated for the use and support of the Georgia State Sanitarium for the year 1914, $23,433.00, additional maintenance for 1914, and $7,500 for completion of unfinished wings of building. And for increased maintenance for year 1915, the sum of $36,362.00 and the further sum of $17,362.00 for enlargement of laundry to be paid in 1915, and the further sum of $17,905.00 to be paid out of the revenues for 1915, to pay an overdraft already incurred, for the support and maintenance of the said sanitarium, supplemental to the sum heretofore appropriated. All the said several sums shall be paid out and expended under the order and direction of the trustees of such sanitarium under the rules and regulations governing the original appropriation for such years. Several sums appropriated. How expended. 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, 1914. BOARD OF ENTOMOLOGY, FOR ERADICATION OF COTTON BOLL WEEVIL, ETC. No. 516. An Act to appropriate $15,000 for 1915, to the State Board of Entomology, to be expended on work of board on cotton wilt or black root, Mexican cotton boll weevil

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and other seriously injurious insects and diseases of cotton and other plants. Whereas, the State Board of Entomology has demonstrated that it is possible to eradicate cotton wilt or black root from the cotton fields of Georgia and has developed types of cotton that planters can grow under boll weevil conditions, and whereas, the work of the State Board of Entomology should be conducted on a more extensive scale in order to guarantee protection to cotton and other crops of this State: SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That the sum of $15,000 be, and the same is hereby, appropriated for 1915, to the State Board of Entomology to be used in work on cotton wilt or black root, experimental work the board is now conducting in the development and perfection of types of cotton that can be grown in spite of boll weevil and work on other seriously injurious insects and plant diseases. Preamble. $15,000 for the year 1915. 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, 1914. CATTLE TICK, FOR ERADICATION OF. No. 510. An Act to amend the Act of 1912 appropriating $15,000.00 annually for the work of tick eradication, and for other purposes. WHEREAS, the present appropriation for the co-operative work of tick eradication is inadequate to meet the demands of the people, and Preamble. WHEREAS, the eradication of the cattle tick must precede the improvement of our cattle industry, a present and most urgent need; 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 Section 1, lines three and four, page twenty-four of the Act of 1912, appropriating funds for the eradication of the cattle tick be so amended as to read $25,000.00 instead of $15,000.00. When amended this section shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of twenty-five thousand ($25,000.00) dollars, 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. Act of 1912 amended, making appropriations $25,000. SEC. 2. 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. Available immediately. 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, 1914. HOG CHOLERA INVESTIGATION, DISTRIBUTION OF SERUM. No. 529. An Act to amend Section 3, of Act 234, of the General Assembly, Session of 1911, approved August 19th, 1911, and amended by Act 601, of 1912, by striking from the Amended Section as recorded on page 26, in the Act of 1912, beginning at the words three thousand on the eighth line and then striking all of lines nine, ten, eleven, twelve, thirteen and including the word dollars on the fourteenth line and substituting in lieu thereof the words This sum, so that said section when amended shall

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read as follows: The sum of six thousand dollars, or so much thereof as may be necessary, is hereby annually appropriated out of any funds in the Treasury not otherwise appropriated. This sum, 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. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Act 234, approved August 19th, 1911, and amended by Act 601, of the General Assembly of 1912, approved August 19th, 1912, be and the same is hereby amended as follows: By striking from Section 3, of said Act 234, as amended by Act 601, of 1912, beginning on the fifth line of Section Three with the words three thousand, then striking all of the sixth, seventh, eighth, ninth, tenth and on the eleventh line the word dollars, substituting in lieu thereof the words this sum, so that section when amended shall read as follows: Section 3. Be it further enacted, That in order to carry out the provisions of this Act the sum of six thousand dollars ($6,000.00), or so much thereof as may be necessary, is hereby annually appropriated out of any funds in the Treasury not otherwise appropriated. This sum, 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. Acts of 1911 and 1912 amended. $6,000 annually appropriated. SEC. 2. Be it further enacted, That on emergency existing, this Act shall go into effect immediately upon receiving the signature of the Governor. Effective immediately. 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, 1914.

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TITLE II. AMENDMENTS TO CONSTITUTION. ACTS. Bacon County, Creation of. Barrow County, Creation of. Candler County, Creation of. Evans County, Creation of. New Counties, Provision for Legislative Representation of. Justice Courts, Abolition of, in Savannah. County Treasurer, Authorizing Legislature to Abolish Office of. County Officers, Term of Office Four Years. General Assembly Members, Term of Office. BACON COUNTY, CREATION OF. No. 298. 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 19th, 1904, and further amended by the ratification, by the qualified voters of this State, of an amendatory Act approved July 31st, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the following amendment is hereby proposed 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 of July 19th, 1904, and further amended by the ratification, by the qualified voters of this State, of an amendatory Act approved July 31st, 1906, to-wit: by adding to said paragraph the following language: Provided, however, that in addition to

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the counties now provided for by the Constitution of the State of Georgia, there shall be a new county laid out from the counties of Appling, Pierce and Ware; that the name of said county shall be Bacon, and the boundaries, shall be as follows: Commencing at the southwest corner of the county of Appling, where it corners with Ware and Coffee Counties, being at the southwest corner of land lot 471 of the 5th district of Appling County; and running thence north along the dividing lines between the counties of Appling and Coffee to the southwest corner of land lot 464 of the 5th district of Appling County; and running thence west along the original land line to the southwest corner of land lot 510 of the 5th district of Appling County where it corners with Coffee County; and running thence north along the dividing line between the counties of Appling and Coffee to the northwest corner of land lot 115 of the 2d district of Appling County where it corners with Jeff Davis County; and running thence east along the dividing line between Appling and Jeff Davis Counties to the northwest corner of land lot 108 in the 2d district of Appling County; thence running north along the dividing line of Appling and Jeff Davis counties to the northwest corner of land lot 169 of the 2nd district of Appling County; and thence east along the original land line to what is known as the Little Satilla River; and thence southeasterly along the middle thread of the Little Satilla River to a point where said river crosses the southern line of land lot 75 of the 4th district of Pierce County and running thence west along the original land line to the northwest corner of land lot 76 in the fourth district of Pierce County; thence running south along the original land line to the southeast corner of land lot 63 in the 4th district of Pierce County; and running thence west along the original land line to the southeast corner of land lot 30 in the 4th district of Pierce County; thence south along the original land line to the southeast corner of land lot 31 of the 4th district of Pierce County; thence west along the original land line to the southeast corner of land lot 16 in the 4th district of Pierce County; thence south

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along the original land line to the southeast corner of land lot 15 in the 4th district of Pierce County; thence west along the original land line to the southeast corner of land lot 38 in the fifth district of Pierce County; thence south along the original land line to the southeast corner of land lot 36 in the 5th district of Pierce County; thence west along the original land line to the southeast corner of land lot 57 in the 5th district of Pierce County; thence south along the original land line to the southeast corner of land lot 58 in the 5th district of Pierce County; thence west along the original land line to the southeast corner of land lot 81 in the 5th district of Pierce County; thence south along the original land line to the southeast corner of land lot 80 in the 5th district of Pierce County; thence west along the original land line to the southeast corner of land lot 105 in the 5th district of Pierce County, thence south along the original land line to the southeast corner of land lot 106 in the fifth district of Pierce County; thence west along the original land lines to the southeast corner of land lot 198 in the 5th district of Ware County; thence south along the original land line to the southeast corner of land lot 199 in the 5th district of Ware County; thence west along the original land lines to the southwest corner of land lot 291 in the 5th district of Ware County; thence north along the original land lines to the northwest corner of land lot 290 in the fifth district of Ware County; thence west along the original land line to the southwest corner of land lot 310 in the fifth district of Ware county; thence north along the original land lines to the southwest corner of land lot 312 in the fifth district of Ware County; thence west along the original land lines to the southwest corner of land lot 471 to point and place of beginning. Proposal of amendment to Art. 11, Sec. 1, Par. 2. Bacon County laid out. Boundary lines. SEC. 2. That Alma, Georgia, shall be the county site of said county; that the said county shall be attached to the Eleventh Congressional District and to the Waycross Judicial Circuit and to the Third Senatorial District. That all the legal voters residing in the limits of said county of Bacon, entitled to vote for members of the General Assembly

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under the laws of Georgia, shall on the first Tuesday in January, 1915, at Alma, Georgia, the county site of said county, elect an ordinary, a clerk of the Superior Court, a sheriff, a coroner, a tax collector, a tax receiver, a county surveyor, a county school superintendent, and a county treasurer. The limits of said county, the congressional and senatorial districts and the judicial circuit to which it is added shall be as above designated until changed by law. The Superior Court of said county shall be held on the third Mondays in March and October. Alma the county site. Circuit and districts. Election of county officers. Superior Court, when held. SEC. 3. 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 and shall have been entered on the Journal of each House with the ayes and nays taken thereon, the Governor is hereby directed to cause the said proposed amendment to be advertised in at least two newspapers in each congressional district, at least two months before the next general election to be held on the first Wednesday in October, 1914, and he shall also provide for the submission of the proposed amendment at the said general election, and if said proposed amendment shall be ratified by a majority of the electors qualified to vote for members of the General Assembly, such amendment shall become a part of the Constitution of Georgia. Submission to electors for ratification. SEC. 4. Be it further enacted, That it shall be the duty of the Governor to submit said amendment to the legally qualified electors of 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 ratification of the amendment to the Constitution creating the County of Bacon, with Alma 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 Bacon, with Alma as the county site. Form of submission to electors, and of ballots. 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 July 27, 1914. BARROW COUNTY, CREATION OF. No. 278. 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 the State of Georgia as amended by the ratification by the qualified voters of this State of the Act approved July 19th, 1904, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, 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 of July 19th, 1904, 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 counties of Gwinnett, Walton and Jackson, said county bounded as follows: Beginning at a point amid stream where the Mulberry River crosses the Hall County line joining Jackson County; thence following the line between Hall and Jackson Counties to the corner of Hall, Gwinnett and Jackson Counties; thence in a direct line to the center of the Appalachia River at Freeman's mill; thence following the middle of the current of said Appalachia River down to the line of Walton and Oconee Counties; thence following the line between Walton and Oconee counties to the common corner of Walton, Jackson and Oconee Counties; thence following the line between Jackson and Oconee counties to the Clarke County line dividing Oconee and Clarke Counties; thence in a direct line to McClesky's Bridge at the central point over the Mulberry

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River; and thence up the said Mulberry River to the beginning point on the Hall County line. Proposal to amend Art. 11, Sec. 1, Par. 2. Barrow County laid out. Boundary lines. That Winder, Georgia, shall be the county site of said county. Said county shall be attached to the Ninth Congressional District and to the Western Judicial Circuit and shall be attached to the Thirty-third Senatorial District. That the name of said new county shall be Barrow, and that all legal voters residing in the limits of said county of Barrow entitled to vote for members of the General Assembly under the laws of Georgia shall, on the first Tuesday in January, 1915, 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. Said election to be held at Winder, Georgia, the county site of said county. That the Superior Courts of said county shall be held on the fourth Mondays in March and September of each year. The limits of said county, the congressional and senatorial districts and the judicial circuit to which it is attached, the time of holding the terms of the Superior Court shall be as above designated until changed by law. Winder the county site. Circuit and districts. Named Barrow. Election of county officers. Superior Court, when held. 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 and shall have been entered on the Journal of each House with the ayes and nays taken thereon, the Governor is hereby directed to cause the said proposed amendment to be advertised in at least two papers in each congressional district at least two months before the next general election to be held on the first Wednesday in October, 1914, and he shall also provide for a submission of the proposed amendment at said general election. And if a majority of the electors shall ratify such proposed amendment by a majority of the electors qualified to vote for members of the General Assembly, 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 be the duty of the Governor to submit said amendment to the people at said election in the following form: That those voting in

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favor of said proposed amendment shall have written or printed on their trickets, In favor of ratification of the amendment to the Constitution creating the county of Barrow with Winder, Georgia, 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 amendment to the Constitution creating the county of Barrow with Winder, Georgia, as the county site. Form of submission to electors, and of ballots. Approved July 7, 1914. CANDLER COUNTY, CREATION OF. No. 282. An Act to amend Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution of this State. The following amendment is proposed by the House of Representatives and Senate of Georgia to Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution of this State. SECTION 1. The General Assembly of the State of Georgia, hereby proposes to the people of Georgia an amendment to Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution of this State as follows: That in addition to the counties heretofore existing in this State, created by the General Assembly, and those created by amendments to the above and foregoing Paragraph, Section and Article of the Constitution of this State, there is hereby created an additional county, which county when created shall be known as Candler County. The territory for the formation of said county of Candler shall be taken from the counties of Emanuel, Bulloch and Tattnall, and the said territory so taken for the formation of said new county of Candler shall be included within the following described boundaries, to-wit.: Starting at the south of Ten Mile Creek where it empties into Canoochee River; running

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in a northerly direction up said river to Excelsior Bridge; thence in a northerly direction straight course to Lott's Creek to a point one quarter of a mile above new bridge; thence along the line of Lott's Creek to DeLoach's Pond; leaving DeLoach's Pond running in a northwesterly direction, crossing the Bulloch and Emanuel County lines, intersecting with the Swainsboro and Statesboro public road, at D. B. Johnson's place; thence in a southwesterly direction to Union School House; thence in a southwesterly direction to Cowart's Mill Pond; thence a direct line south to the Leo Collins crossing on Central of Georgia Railroad; thence a southwesterly course to Griffin's Ferry Bridge on the Ohoopee River, (crossong line of Emanuel and Tattnall Counties) a southerly course to a point where the counties of Emanuel and Tattnall meet on the Ohoopee River; thence a direct line east to Kennedy's Bridge on the Canoochee River. That when said county is created the county seat of the same shall be the town of Metter, now in the county of Bulloch; that if the above and foregoing amendment should be ratified by the people when the same is submitted to them for their ratification at the next general election after the adoption of this proposal to amend the Constitution, there shall be on the first Wednesday in December after the proposed amendment to the Constitution is adopted, an election for the county officers herein named in and for said new county, to be held at the several election precincts existing within the limits of said new county at the time of the adoption of the proposed amendment, during the usual hours of holding elections, and all legally qualified voters residing in said territory shall be qualified to vote at said election and the ordinaries of the several counties in which said election precincts are located at the time of the adoption of this amendment shall each appoint the election managers for the precincts in the counties in which he shall exercise jurisdiction of ordinary, and the managers of the election shall on the day succeeding the election, meet at the town of Metter, the place designated as the county seat of the new county, and consolidate the vote for the county officers, at such place within the limits of the town of

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Metter as shall be designated by the Judge of the Superior Court of the middle circuit, whose duty it is hereby made to designate the place of meeting of said election managers within the corporate limits of said town of Metter, and the general laws now in force as to the consideration of the votes, the return of the election and the commission of officers shall be applicable to officers elected at such special election herein provided for; that the officers to be elected at said special election herein provided shall be an ordinary, a clerk of the Superior Court, a sheriff, a tax collector, a tax receiver, a coroner, a county surveyor, and a County treasurer; that said officers shall be commissioned as now required by law, and all laws now in force in this State to commission officers and for bonds required of them shall be applicable to the officers so elected; that the officers elected at said general election shall hold their offices until the next general election for county officers and until their successors are elected and qualified. The General Assembly is hereby given power to create any additional statutory officers in said county or statutory courts and to provide by law for filling said offices. Any vacancies that may occur before the next general election in any of the offices created by said county may be filled, as now provided by law. The said county of Candler shall be attached to the First Congressional District, the Middle Judicial Circuit and the Seventeenth Senatorial District, but it shall be in the power of the General Assembly at any time to change the judicial circuit to which said county of Candler is attached, and the said General Assembly of Georgia is hereby given power to change said county of Candler in arranging congressional and senatorial districts as now provided by law. That the Superior Courts in said County of Candler shall be held on the third Mondays in February and August months of each year, but it shall be within the power of the General Assembly at any time by law to change the time of holding the courts and the number of terms thereof. That the Justices of the Peace and Constables residing in the territory included within the new county of Candler shall exercise the duties and powers of their office until new

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militia districts are laid out in said county of Candler, as now provided by law; that all of the provisions of the law as contained in Chapter Thirteen (13), of the Code of 1910, are hereby made applicable to the said County of Candler whenever the same is created; that all of the general laws in this State in addition to the above having application to the statutory counties of this State are hereby made applicable to the said county of Candler, especially the law in reference to holding elections for the purpose of creating a debt for said county; that when this amendment is adopted, the said county of Candler, so created by the adoption of this amendment, shall become in all respects a statutory county and shall be governed by all laws now in force in this State regulating county and county affairs. Proposal to amend Art. 11, Sec. 1, Par. 2. Candler County laid out. Boundary lines. Metter the county seat. Election of county officers, how and where held. What officers to be elected. Circuit and districts. Superior Court, when held. Justices of the peace, and constables. Laws made applicable to the new county. SEC. 2. The Governor is hereby required and directed, That when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House with the ayes and nays taken thereon, the Governor is hereby directed to cause the said proposed amendment to be advertised in at least two papers in each congressional district at least two months before the next general election to be held on the first Wednesday in October, 1914, and he shall also provide for a submission of the proposed amendment to the qualified voters of the State at said general election. And, if a majority of the electors voting at said election shall ratify this proposed amendment to the Constitution of this State by a majority of the electors qualified to vote for members of the General Assembly and voting at such election, said amendment shall become a part of the Constitution of Georgia when the fact is certified to the Governor by the Secretary of State, that a majority of the qualified voters voting at said general election have voted in favor of the adoption of said amendment to the constitution of the State, and the Governor shall issue his proclamation to such effect. Submission to electors for ratification. SEC. 3. It shall be the duty of the Governor to submit said proposed amendment in the following form: That those

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voting in favor of said proposed amendment shall have written or printed on their tickets In favor of the ratification of the amendment to Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution, State of Georgia, creating the county of Candler, 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 Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution, State of Georgia, creating the county of Candler. Form of submission to electors, and of ballots. Approved July 17, 1914. EVANS COUNTY, CREATION OF. No. 371. An Act to propose to the qualified electors of the State of Georgia, 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 Acts approved July 19th, 1904 and July 31, 1906, and July 30, 1912, and August 14, 1912, same being An Act to lay out and create a new county from portions of Bulloch and Tattnall Counties to be named and to be known as Evans County, with the city of Claxton as the county site, 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, 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 Acts approved July 19, 1904, and July 31, 1906, July 30, 1912, and August 14, 1912, to:wit.: by adding to said paragraph the following language, to-wit.: 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 portions

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of the Counties of Bulloch and Tattnall and embraced within the following boundary lines: Commencing at a point known as Johnson's Old Ferry on the Canoochee River and running thence in a southwesterly direction along the boundary line between Liberty and Tattnall Counties to a point known as the Ford on Canoochee Creek; thence in a westerly direction, a straight line to Jennie; thence a westerly direction a straight line to Roger's Crossing, at the intersection of the Bellville and Reidsville Roads; thence in a northerly direction in a straight line to a point on the Seaboard Air Line Railway, half way between the towns of Bellville and Manassas, thence northerly in the same direction in a straight line until it intersects the line of the proposed county of Candler, thence along said line to the Canoochee River, thence in a southerly direction down the Canoochee River to Kennedy's Bridge, thence in an easterly direction along the public road leading from Kennedy's Bridge to Ada Belle on the Register and Glennville Railroad; thence in an easterly direction along the old Dublin Road, to the right-of-way of the old Dublin Railroad bed; thence in a southeasterly direction down said right-of-way to Scott's Creek, thence in the same direction down Scott's Creek to its mouth in Lott's Creek, thence in a southerly direction down Lott's Creek to its mouth into Canoochee River; and from thence down Canoochee River in a southeasterly direction to the starting point at Johnson's Ferry. Proposal to amend Art. 11, Sec. 1, Par. 2. Evans County laid out. Boundary lines. That the territory embraced in the foregoing boundary lines shall be known as and be named Evans County, and the city of Claxton shall be the county site of the same. Evans County, Claxton the county site. That said proposed county shall be attached to the First Congressional District, to the Atlantic Judicial Circuit and to the Second Senatorial District. Circuit and districts. That all legal voters residing within the limits of said proposed county of Evans, entitled under the laws of Georgia to vote for members of the General Assembly shall, on the first Wednesday in January, following the ratification

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by the people, of this proposed amendment, elect the following officers for the said county of Evans: An ordinary, a clerk of the Superior Court, a sheriff, a coroner, a tax collector, a tax receiver a county treasurer, a county surveyor, a county superintendent of public schools, and three commissioners of roads and revenues, said election to be held at Claxton, the county site, according to law. Election of county officers, how and where held. That the Superior Courts of the said county of Evans shall be held on the fourth Mondays of January, March, June and October, of each year and that the grand jury for said county of Evans shall serve at the January and June terms of said court, each year; provided, however, that the Judge of the Superior Court may, in his discretion, cause the grand jury of said county to be summoned at any term of said Superior Court. That the limits of said county of Evans, the congressional and State senatorial districts, the judicial circuit to which said county of Evens is hereby attached, the terms of the Superior Court of the same shall be as designated herein until changed by law; provided, that the laws applicable to new counties, and not inconsistent, or in conflict with the provisions of this Act, as found in Section 829 to 848, inclusive, of the Code of Georgia 1910, are hereby made applicable to said county of Evans, whenever said county is created, and that said county shall be subject to all laws applicable to all other counties of this State. Superior Court, when held. SEC. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered upon their Journals, with the 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 one or more 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

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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 ballot the words, For amendment to the Constitution creating the county of Evans, and all persons opposed to the adoption of said proposed amendment shall have written or printed in their ballots the words, Against the Amendment to the Constitution creating the county of Evans. Submission to electors for ratification. Form of ballots. 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 same from the Secretary of State, to whom the returns from said election shall be referred, in the manner, as in cases of election 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. Proclamation of result. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914. NEW COUNTIES, PROVISION FOR LEGISLATIVE REPRESENTATION OF. No. 342. An Act to amend Paragraph One, of Section Three, of Article Three, of the Constitution of the State of Georgia by striking the figures 184, therefrom and inserting in place thereof the figures 189, so as to provide for

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representation in the House of Representatives for counties not now provided for, and further by striking from said paragraph the names of the counties therein set out and inserting in place thereof the names of the counties mentioned in the reapportionment Act of the General Assembly of 1911, so that said paragraph will conform to said reapportionment, 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 Paragraph One, of Section Three, of Article Three, of the Constitution be, and the same is, hereby amended by striking from the second line of said paragraph the figures 184, and inserting in lieu thereof the figures 189, and further by striking therefrom the names of all counties therein specified and inserting in place of the six counties therein named as being entitled to three representatives each the following: Fulton, Chatham, Richmond, Bibb, Floyd and Muscogee, and inserting in place of the twenty-six counties therein specified as being entitled to two representatives each the following: Laurens, Carroll, Jackson, Sumter, Thomas, Decatur, Gwinnett, Coweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, Meriwether, Emanuel, Lowndes, Elbert, Brooks, Houston, Wilkes, Clarke and Ware, and further by adding at the end of said paragraph after the words, and to the remaining counties one representative each, the following: and in the event of the ratification of this amendment to the Constitution, the counties of Bleckley and Wheeler shall be entitled to representation in the General Assembly of Georgia for the session 1915-16; and in the event this amendment and the amendments creating the counties of Barrow, Candler, and Bacon shall be ratified, then the three said last named counties shall also be entitled to representation in the sessions of the General Assembly for the years 1915-16; and elections in said counties shall be held on the first Tuesday in January, 1915, under the law now governing similar elections for the election of members of the

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General Assembly to serve during the session of 1915-16, in accordance with this amendment; so that when said paragraph is so amended it will read as follows: Proposal to amend Art. 3, Sec. 3, Par. 1. Paragraph 1. Number of Representatives. The House of Representatives shall consist of not more than 189 representatives apportioned among the several counties as follows, to-wit.: To the six counties having the largest population, viz: Fulton, Chatham, Richmond, Bibb, Floyd and Muscogee, three representatives each; to the twenty-six counties having the next largest population, viz: Laurens, Carroll, Jackson, Sumter, Thomas, Decatur, Gwinnett, Coweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, Meriwether, Emanuel, Lowndes, Elbert, Brooks, Houston, Wilkes, Clarke and Ware, two representatives each; and to the remaining counties one representative each; and in the event of the ratification of this amendment to the constitution the counties of Bleckley and Wheeler shall be entitled to representation in the General Assembly of Georgia for the session of 1915-16; and in the event this amendment and the amendments creating the counties of Barrow, Candler and Bacon shall be ratified, then the three said last named counties shall also be entitled to representation in the sessions of the General Assembly for the years 1915-16; and elections in said counties shall be held on the first Tuesday in January, 1915, under the law now governing similar elections for the election of members of the General Assembly to serve during the session of 1915-16 in accordance with this amendment. To be read as amended. SEC. 2. Be it further enacted by the authority aforesaid, That when said proposed amendment shall be agreed to by two-third of the members elected to each House of the General Assembly, it shall be entered upon the Journal of each House with the yeas and nays thereon and publishd 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 in said State; and shall at said next general election be submitted to the people for ratification in the following form, to-wit. For ratification of an

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amendment to Paragraph One, Section Three, of Article Three of the Constitution (for providing for Representatives in the House of Representatives of the State of Georgia for counties not now provided for), or Against ratification of an amendment to Paragraph One, Section Three, of Article Three of the Constitution (or against providing for representatives in the House of Representatives of the State of Georgia for counties not now provided for), and if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, having written or printed on their ballots the preceding forms, which votes cast at said election shall be consolidated as now required by law in elections for members of the General Assembly and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation thereof in the manner now provided by law. Submission to electors for ratification. Form of ballots. Proclamation of result. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 6, 1914. JUSTICE COURTS, ABOLITION OF, IN SAVANNAH. No. 316. An Act to amend Paragraph 1, of Section 7, of the Constitution of the State of Georgia, providing for one justice of the peace in each militia district of the State, and for the General Assembly in its discretion to 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 to establish in lieu thereof such court or courts or system of courts as the General Assembly may in its discretion deem necessary by striking therefrom the portion of the proviso of said paragraph,

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which excepts the city of Savannah from the privilege of having the General Assembly abolish justice courts in said city and establish such other court or courts or system of courts as the General Assembly may in its discretion deem necessary, 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 Paragraph One (1), of Section Seven (7), of Article Six (6), of the Constitution of the State of Georgia, as amended by the Act of the General Assembly, approved July 30, 1912, and duly ratified by the people according to law, be and the same is, hereby amended by striking from the proviso contained in said amendment the words except the City of Savannah where they immediately follow the words having a population of over twenty thousand, so that said proviso so amended by this amendment shall read as follows: 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 in this State having a population of over twenty thousand, 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 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 to subject matter, as may be provided by law, whereof some other Court has not exclusive jurisdiction under this constitution, together also with such provision 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 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

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laid down in Paragraph 1, of Section 9, of Article 6, of the Constitution of Georgia. Proposal to amend Art. 6, Sec. 7, Par. 1. To be read as amended. 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, the same shall be entered on each 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 voters thereat shall have written or printed on their tickets For ratification of amendment to Paragraph 1, Section 7, of Article 6, of the Constitution (for striking the words except the city of Savannah from Paragraph 1, of said Section and Article, so as to bring Savannah within the provisions of general law relative to General Assembly abolishing justice courts in cities having over twenty thousand and establishing other courts in lieu thereof), or Against ratification of amendment to Paragraph 1, of Section 7, of Article 6, of the Constitution (against striking the words `except the city of Savannah' from Paragraph 1, of said Section and Article, bringing the city of Savannah within the provisions of the general law relative to General Assembly abolishing justice courts in cities having over twenty thousand and establishing other courts in lieu thereof), 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 Paragraph 1, Section 7, of Article 6, of the Constitution of this State, and the Governor shall make proclamation thereof. Submission to electors for ratification. Form of ballots. Proclamation of result. 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, 1914.

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COUNTY TREASURER, AUTHORIZING LEGISLATURE TO ABOLISH OFFICE OF. No. 463. An Act to amend Article 11, Section 3, Paragraph 1, of the Constitution of this State, so as to authorize the General Assembly to abolish the office of county treasurer in any county of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Article 11, Section 3, Paragraph 1, of the Constitution of Georgia be amended by adding at the end of said paragraph the words and may abolish the office of county treasurer in any county so that said paragraph, when so amended, will read as follows, to-wit: Paragraph 1, County officers to be uniform. Whatever tribunal, or offices, may hereafter be created by the General Assembly, for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for the appointment of commissioners of roads and revenues in any county, and may abolish the office of county treasurer in any county, or fix the compensation of county treasurers, and such compensation may be fixed without regard to uniformity of such compensation in the various counties. Proposal to amend Art. 11, Sec. 3, Par. 1. SEC. 2. Be it further enacted, That if this amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their Journals with the years and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional district for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their tickets, For ratification of Article 11, Section 3, Paragraph 1, of the Constitution of this State, or Against ratification of Article 11, Section

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3, Paragraph 1, of the Constitution of this State, 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 said Article 11, Section 3, Paragraph 1, of the Constitution of this State, and the Governor shall make proclamation thereof. Submission to electors for ratification. Form of ballots. Proclamation of result. 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, 1914. COUNTY OFFICERS, TERM OF OFFICE FOUR YEARS. No. 464. An Act to amend Section 2, of Paragraph 1, of Article 11, of the Constitution of the State of Gerogia, which provides that county officers shall be elected for two years; by providing for the election of such county officers for four years, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Gerogia and is hereby enacted by authority of the same, That Section 2, of Paragraph 1, of Article 11, of the Constitution of the State of Georgia be, and the same is, hereby amended by striking the word two in the third line of said section and inserting in lieu thereof the word four, so that said Section 2, when so amended, shall read as follows: Proposal to amend Art. 11, Sec. 2, Par. 1. The county officers shall be elected by the qualified voters of their respective counties or districts and shall hold their office for four years. They shall be removed on conviction for mal-practice in office and no person shall be eligible to any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and

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is a qualified voter, provided that the provisions of this proposed amendment shall not become effective until January 1st, 1917. To be read as amended. SEC. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds vote 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 this 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 in said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballot the words For ratification of the amendment to Section 2, of Pargraph 1, of Article 11, of the Constitution providing for the election of all county officers for the term of four years and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against ratification of the amendment to Section 2, of Paragraph 1, of Article 11, of the Constitution providing for the election of all county officers for four year, and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then 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. Form of ballots. Proclamation of result. 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, 1914.

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GENERAL ASSEMBLY MEMBERS, TERM OF OFFICE. No. 462. An Act to amend Article 3, Section 4, Paragraph 1, of the Constitution of Georgia by extending the term of members of the General Assembly of the State until the time fixed by law for the convening the next General Assembly. The following amendment is hereby proposed by the Senate and House of Representatives to the people of Georgia to Article 3, Section 4, Paragraph 1, of the Constitution of Georgia. Proposal to amend Art. 3, Sec. 4, Par. 1. Amend said Paragraph 1, of said Section 4, of Article 3, as follows: By striking from said Paragraph 1, the words until their successors are elected, and inserting in lieu of said words in said Paragraph 1, the following words, to-wit.: Until the time fixed by law for the convening of the next General Assembly. Amend further by adding to said Paragraph 1, of said Section and Article, the following words, to-wit.: That the provisions of this Paragraph, Section and Article shall apply to the terms of the members of the General Assembly, who are elected at the general election for members of the General Assembly in the year 1912. When amended, said Paragraph 1, of said Section and Article shall read as follows: That members of the General Assembly shall be elected for two years and shall serve until the time fixed by law for the convening of the next General Assembly. That the provisions of this Paragraph, Section and Article shall apply to the term of the members of the General Assembly who were elected at the general election for members of the General Assembly in the year 1912. And the Governor of the State is hereby required and directed to cause the above and foregoing amendment to be published in at

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least two newspapers in each congressional district in this State, for a period of two months previous to the time of holding the next general election after the submission of this amendment to the General Assembly and shall at the next general election to be held after the submission of this amendment to the people for their ratification cause the same to be voted on, and the form in which the same shall be submitted to the people shall be as follows: For ratification of amendment to Paragraph 1, Section 4, Article 3, of the Constitution, which extends the term of office of members of the General Assembly until the convening of the succeeding General Assembly; and Against the ratification of amendment to Paragraph 1, Section 4, Article 3, of the Constitution, which extends the term of office of members of the General Assembly until the convening of the succeeding General Assembly. And shall cause the returns of said election to be transmitted to the Secretary of State, whose duty it shall be to consolidate the same and the Governor shall issue his proclamation declaring the result if a majority vote in favor of the said amendment, and by said proclamation shall declare said amendment has become a part of the Constitution of the State. To be read as amended. Submission to electors for ratification. Form of ballots. Proclamation of result. Approved August 14, 1914.

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TITLE III. CODE AMENDMENTSCODE OF 1910. ACTS. Volume 1, Sections 80 and 111. Elections for Members of General Assembly and Other Officers, Time of. Volume 1, Sections 829-848. Provisions Applied to all New Counties. Volume 1, Section 1249. Atlanta. Fifth State Depository in. Blairsville, State Depository in. Buford, State Depository in. Camilla, State Depository in. Dahlonega, State Depository in. Ellaville, State Depository in. Irwinville, State Depository in. Kingsland, State Depository in. Manchester, State Depository in. Springfield, State Depository in. Woodbury, State Depository in. Wrightsville, State Depository in. Volume 1, Section 1898. Permitting Owner of Pilot Boat to Act as Commissioner of Pilotage. Volume 1, Section 2824. Incorporation of Schools, Including University, and Extending Time. Volume 1, Section 4984. Stenographic Reporters, Appointment, etc. Volume 1, Section 4996. Special Bailiffs, Compensation of. Volume 1, Section 5233. Condemnation of Land, Title in Fee Simple in Specified Instances. Volume 1, Section 5298. Garnishment of WagesWhat Exempt. Volume 2, Section 1131. Stenographic Reporters, Compensation of, in Certain Cities. ELECTIONS FOR MEMBERS OF GENERAL ASSEMBLY AND OTHER OFFICERS, TIME OF. No. 448. An Act to amend Sections 80 and 111, of Volume 1, of the Civil Code of Georgia 1910, in relation to elections, how and when held, for members of the the General Assembly and county officers, by changing the time therefor, 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 Sections 80 and 111, of Volume 1, of the Civil Code of Georgia 1910, be, and the same are, hereby amended so that the elections provided for therein shall be held biennially on Tuesday after the first Monday in November, the time of electing congressmen, so that in addition thereto members of the General Assembly, the Governor and other State House officers and county officers, and all other officers now required to be elected biennially on said first Wednesday in October, shall be elected biennially on the said Tuesday after the first Monday in November. Time changed from October to November. 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, 1914. PROVISIONS APPLIED TO ALL NEW COUNTIES. No. 484. An Act to provide that the provisions of the Act of the General Assembly, approved August 21st, 1905, in relation to the organization of new counties and which is now Codified as Chapter 13, of Title 6, of the Civil Code of Georgia, and particularly Paragraph 841, of the Code of 1910, shall apply to all new counties in this State, including those already created by constitutional amendment as well as those which may be subsequently created by constitutional amendments, 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 provisions of an Act of the General Assembly, approved August 21st, 1905, in relation to the organization of new counties, which Act is now codified as Sections 829-848, both inclusive, of the Civil Code, Chapter 13, Title 6, of the Code, and particularly the provisions of Paragraph 841, of the Code, shall also apply to the new counties heretofore

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created by constitutional amendments and to those which are, or may be, subsequently created by constitutional amendments. Act of 1905, Code, Sections 829-848, applied to all new counties. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914. ATLANTA, FIFTH STATE DEPOSITORY IN. No. 379. An Act to authorize the Governor to appoint a fifth State depository in the city of Atlanta, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That whenever the Governor, from the excess in the State depositories heretofore existing in the city of Atlanta, or from the amount of cash on hand in the Treasury, may deem it to the best interests of the State, he is hereby authorized to appoint in said city a solvent, chartered bank of good standing and credit as a State depository, so as to make five 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. Section 1249. authorized to appoint fifth bank in Atlanta. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914.

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BLAIRSVILLE, STATE DEPOSITORY IN. No. 378. 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 town of Blairsville, in the county of Union 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 town of Blairsville, in the county of Union, and State of Georgia, to the list of duly authorized cities and towns. Blairsville added to list of towns. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914. BUFORD, STATE DEPOSITORY IN. No. 409. 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 city of Buford, in Gwinnett County, State of Georgia, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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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 the same are, hereby amended so as to add the city of Buford, in Gwinnett County, to the list of such cities and towns. Buford added to list of cities. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. CAMILLA, STATE DEPOSITORY IN. No. 360. 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 city of Camilla, in the county of Mitchell, and State of Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 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 city of Camilla, in the county of Mitchell, and State of Georgia, to the list of such cities and towns. Camilla added to list of cities. 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 8, 1914.

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DAHLONEGA, STATE DEPOSITORY IN. No. 336. 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 Dahlonega, in the county of Lumpkin, 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 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 at State depositories, be and the same is, hereby amended so as to add the city of Dahlonega, in the County of Lumpkin, and State of Georgia, to the list of duly authorized cities and towns. Dahlonega added to list of cities. 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 4, 1914. ELLAVILLE, STATE DEPOSITORY IN. No. 372. 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 Ellaville, in the county of Schley, and State of Georgia, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 1249, of the Political Code of 1910, providing for the

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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 Ellaville, in the county of Schley, and State of Georgia, to the list of duly authorized cities and towns. Ellaville added to list of cities. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914. IRWINVILLE, STATE DEPOSITORY IN. No. 303. 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 and towns therein named, so as to add the town of Irwinville, in the county of Irwin, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the Same, That Section 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 thereof named, as State depositories, and the several Acts of the General Assembly amendatory thereof, be and the same are hereby amended so as to add the town of Irwinville, in the county of Irwin, State of Georgia, to the list of such cities and towns. Irwinville added to list of towns. 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 27, 1914.

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KINGSLAND, STATE DEPOSITORY IN. No. 335. 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 several Acts amendatory thereof, so as to add the town of Kingsland, in Camden County, State of Georgia, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 1249, of Volume 1, of the Code 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 the same are, hereby amended so as to add the town of Kingsland, in Camden County, to the list of such cities and towns. Kingsland added to list of towns. SEC. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1914. MANCHESTER, STATE DEPOSITORY IN. No. 312. An Act to amend Section 1249, of Volume 1, of the Code of Georgia, 1910, providing for the selection, by the Governor, of banks in certain cities and towns therein named, as State depositories, and the several Acts amendatory thereof, so as to add the city of Manchester in the County of Meriwether, and State of Georgia, to the list of such cities and towns.

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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 1249, of Volume 1, of the Code 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 amendatory thereof be, and the same are, hereby amended so as to add the city of Manchester, in the county of Meriwether, and State of Georgia, to the list of such cities and towns. Manchester added to list of cities. 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 29th, 1914. SPRINGFIELD, STATE DEPOSITORY IN. No. 281. 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 and towns therein named as State depositories, so as to add the city (town) of Springfield in Effingham County, Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that Section 1249, of Volume 1, of the Code of Georgia 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 Springfield (town) in Effingham County, Georgia to the list of such cities and towns. Springfield added to list of cities. SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 15, 1914.

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WOODBURY, STATE DEPOSITORY IN. No. 401. 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 Woodbury in the county of Meriwether, 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 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 city of Woodbury, in the county of Meriwether, and the State of Georgia, to the list of duly authorized cities and towns. Woodbury added to list of cities. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. WRIGHTSVILLE, STATE DEPOSITORY IN. No. 359. 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 Wrightsville, in the county of Johnson, 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

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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 Wrightsville, in the county of Johnson and State of Georgia, to the list of duly authorized cities and towns. Wrightsville added to list of cities. 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 8, 1914. PERMITTING OWNER OF PILOT BOAT TO ACT AS COMMISSIONER OF PILOTAGE. No. 380. To be entitled an Act to amend Section 1898 of the present Code of Georgia, so as to permit an owner or part owner of a pilot boat to be allowed to act as commissioner of pilotage, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 1898 of the present Code of Georgia be, and the same is hereby amended by striking out all of said Section 1898 as it now stands, and inserting in lieu thereof the following: Section 1898. Vacancies.All vacancies in boards of commissioners shall be filled by appointment by said corporate authorities for the unexpired term of the commissioner who has held the office vacated; the said boards of commissioners shall be composed of ship agents, exporters, merchants, pilots, or others who are engaged in or familiar with marine shipping and with the requirements of their respective ports. Section 1898. Commissioners of pilotage, of whom composed. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1914.

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INCORPORATION OF SCHOOLS, INCLUDING UNIVERSITY, AND EXTENDING TIME. No. 493. An Act to amend Section 2824 of Code of Georgia, adopted August 15th, 1910, by inserting in the third line thereof, after the word college the word university, and further by inserting in line thirteen thereof, after the words twenty years the words or for such longer or greater term or period as may be specially prayed for in said petition and granted by said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That Section 2824 of the Code of Georgia, adopted August 15th, 1910, be and the same is hereby amended by inserting in the third line thereof, after the word college the word university, and further amended by inserting in the thirteenth line thereof after the words twenty years, the following words, to-wit.: or for such longer or greater term or period as may be specially prayed for in said petition and granted by said court, so that said section as amended shall read as follows: Section 2824. The superior court, upon the petition of one or more discreet and proper persons, showing that a school, academy, college, university, or church has been, or is about to be established in the county where such court is sitting, and asking for corporate authority to enforce good order, receive donations, make purchases, and effect all alienations of realty and personalty, not for the purpose of trade and profit, but for promoting the general design of such institutions, and to look after the general interest of such establishment, may grant such person or persons and their legal successors such corporate powers as may be suitable and not inconsistent with the laws of this State, nor violative of private rights, the charter so granted to remain in force twenty years, or for such longer or greater term or period as may be specially prayed for

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in said petition, and granted by said court, unless sooner revoked by law; and upon petition of the corporation, or their legal successors in charge of any such institution, however and wherever incorporated, the superior court of the county where the same is located shall have power to amend the charter thereof in any way prayed for; Provided the same is not contrary to the laws of this State, nor violative of private rights. The cost of recording such proceedings on the minutes shall be paid by the petitioners, and a certified copy of same, under the seal of the court, shall be sufficient evidence in any case of the corporate powers and privileges so granted. To be read as amended. Corporate powers to schools, etc. Twenty years or longer. Cost of recording to be paid by petitioners. SEC. 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and same are hereby repealed. Approved August 17, 1914. STENOGRAPHIC REPORTERS, APPOINTMENT, ETC. No. 433. An Act to amend Section 4984, Chapter 8, of the Code of Georgia, 1911, providing for the appointing of stenographic reporters by the judges of the superior and city courts of the 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 Section 4984 of the Code of 1911 be amended by striking out the first sentence of said section and inserting in lieu thereof the following: Each of the judges of the superior and city courts of this State, in all circuits where there may be more divisions than one, whether the same be civil or criminal, shall appoint, and at pleasure remove, a reporter or stenographic reporter for their respective divisions of said superior or city courts of their respective circuits; also by striking out of the

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seventh line of said section after the word all the words courts in the circuit, and substituting therefor the words sessions of the court, so that when said section is thus amended it will read as follows: Each of the judges of the superior and city courts of this State, in all circuits where there may be more divisions than one, whether the same be civil or criminal, shall appoint, and at pleasure remove, a reporter or stenographic reporter for their respective or said superior or city courts of their respective circuits. Such reporter, before entering on the duties of his office, shall be duly sworn, in open court, faithfully to perform all the duties required under this division; and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the judge as hereinafter set forth to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried, except the argument of the counsel. Section 4948. To be read as amended. Appointment and removal of stenographers by judges of superior and city courts. 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 14, 1914. SPECIAL BAILIFFS, COMPENSATION OF. No. 520. An Act to amend an Act of the General Assembly of Georgia, approved August 1st, 1911, amending Section 4996 of the Code of Georgia, adopted August 10th, 1910, by striking out the words one hundred in the seventh line in Section 1, and inserting in lieu thereof the words one hundred and twenty-five, 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 1st, 1911, be and the same is hereby amended by striking out the words one hundred, in the seventh line in Section 1, and inserting in

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lieu thereof the words one hundred and twenty-five, so that said section, when amended, shall read as follows: Said special bailiffs shall receive as compensation for their services the sum of one hundred and twenty-five dollars per month each, and the same shall be paid out of the county treasury, upon the order of the commissioners of roads and revenues for said county, or in the absence of such commissioners, upon the order of the ordinary. Section 4996. Act of 1911 amended. To be read as amended. Compensation and how paid. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1914. CONDEMNATION OF LAND, TITLE IN FEE SIMPLE IN SPECIFIED INSTANCE. No. 291. An Act to amend Section 5233 of the Code of 1910 by adding to said section the following words: But wherever any municipality in this State condemns land for protection against floods and freshets, said municipality may acquire a fee simple title to the property condemned, on payment of the condemnation money. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Section 5233 of the Code of 1910 be amended by adding thereto the following words: But whenever any municipality in this State condemns land for protection against floods and freshets, said municipality may acquire a fee-simple title to the property condemned, on payment of the condemnation money. So that said section when amended will read as follows: What interest to vest in party seeking condemnation.Upon the payment, by the corporation or person seeking to condemn, of the amount of the award and final judgment on appeal, such corporation or person shall become vested

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with such interest in the property taken as may be necessary to enable the corporation or person taking to exercise their franchise or conduct their business; and whenever the corporation or person shall cease using the property taken for the purpose of conducting their business, said property shall revert to the person from whom taken, his heirs or assigns; but whenever any municipality in this State condemns land for protection against floods and freshets, said municipality may acquire a fee-simple title to the property condemned on payment of the condemnation money. Section 5233. To be read as amended. When title in fee simple may be acquired. 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, 1914. GARNISHMENT OF WAGESWHAT EXEMPT. No. 449. An Act to amend Section 5298 of the Code of 1910 by adding in the third line of said section the words one dollar and twenty-five cents per day of, by adding in the fourth line the words and on fifty per cent. of the excess thereof, and by adding at the conclusion thereof the words all wages above the exemption herein provided for shall be subject to garnishment, and garnishee in making answer shall state specifically when the wages therein referred to were earned by defendant and whether same were earned as daily, weekly, or monthly wages, 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 Section 5298 of Vol. I of the Code adopted August 15th, 1910, be and the same is hereby amended by adding between the words on and their in the third line of said section the words one dollar and twenty-five cents

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per day of and by adding between the words wages and whether in the fourth line of said section the words and on fifty per cent. of the excess thereof and by adding at the conclusion of said section and following the words others the words all wages above the exemption herein provided for shall be subject to garnishment, and garnishee in making answer shall state specifically whether wages therein referred to were earned as daily, weekly, or monthly wages, and by striking from the first line of said section the words journeyman mechanics and day laborers and inserting in lieu thereof the word persons, so that when amended said section shall read as follows: All persons shall be exempt from the process and liabilities of garnishment on one dollar and twenty-five cents per day of their daily, weekly, or monthly wages and on fifty per cent. of the excess thereof, whether in the hands of their employers or others. All wages above the exemption herein provided for shall be subject to garnishment, and garnishee in making answer shall state specifically when the wages therein referred to were earned by defendant and whether the same were earned as daily, weekly, or monthly wages. Section 5298. To be read as amended. What exemption allowed. Answer by garnishee to specify. 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, 1914. STENOGRAPHIC REPORTERS, COMPENSATION OF, IN CERTAIN CITIES. No. 432. An Act to amend Section 1131, of Vol. II, Code of 1910, excepting counties containing cities of over 150,000 population from the provisions of said section, and authorizing county commissioners in the excepted counties to fix the compensation of the official court reporter in the criminal courts of such counties.

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SECTION 1. Be it enacted by the General Assembly, That Section 1131, of Vol. II, Code of 1910, be amended by adding after the word county, in line 10 of said section, the following: except in counties containing cities of over 150,000 inhabitants, in which excepted counties the board of county commissioners shall fix the compensation, so that said section, as amended, shall read as follows: Compensation in criminal cases.The compensation of the reporter, or stenographic reporter, for taking down testimony in the trial of such criminal cases as are required by law to be recorded, shall be fifteen dollars per day, which same shall be paid by the county treasurer, or other officer having charge of the county funds of the county wherein such criminal cases shall be tried, on the certificate and order of said judge as to the number of days he has been employed; but not exceeding twenty-five hundred dollars shall be paid in any one year for work done in that year out of the funds of any one county, except in counties containing cities of over 150,000 inhabitants, in which excepted counties the board of county commissioners shall fix the compensation. In cases of conviction, the costs of reporting, as provided in this section, shall be entered up against the defendant, on which judgment the clerk of the superior court shall issue execution, the money arising therefrom shall be deposited in the treasury of the county where such conviction was had, to be held as other county funds are held. Such reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same, at a rate not to exceed ten cents for each one hundred words. Section 1131. To be read as amended. Compensation in criminal cases, and how paid. Limit of yearly pay. Where county commissioners fix compensation. Costs, entry of judgment for. Rate of pay for reports of evidence, etc. 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, 1914.

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TITLE IV. SUPERIOR COURTS. ACTS. Chattahoochee Superior Court, Change of Times of Holding. Dawson Superior Court, Change of Times of Holding. Dooly Superior Court, Four Terms, and Times of Holding. Pulaski Superior Court, Four Terms, and Times of Holding. Terrell Superior Court, Change of Times of Holding. Wilkes Superior Court, Change of Times of Holding Grand Jury Sessions. CHATTAHOOCHEE SUPERIOR COURT, TERMS OF. No. 280. An Act to change the time of holding Chattahoochee superior court, so as to provide that the terms of said court shall be held on the fourth Mondays in March and September of each year, instead of the fourth Mondays in February and August of each year, 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 terms of Chattahoochee superior court shall be held on the fourth Mondays in March and September of every year, instead of the fourth Mondays in February and August, as is now provided by statute. Times for holding fixed. 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 15, 1914.

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DAWSON SUPERIOR COURT, TERMS OF. No. 322. An Act to change the time 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 authority of the same, That after January the first, 1915, the spring term of superior court of Dawson County shall begin on the third Monday (3rd) in March in each year, and the fall term of said superior court shall begin on the first Monday in August of each year. Times for holding fixed. 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 29, 1914. DOOLY SUPERIOR COURT, FOUR TERMS OF. No. 338. An Act to provide for holding four terms a year of the superior court of Dooly County, and to prescribe the time of 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. that there shall be held in each year four terms of the superior court in and for the county of Dooly, said State, in the Cordele judicial circuit. Four terms a year. SEC. 2. Be it further enacted, That the terms of said court shall be held on the first and second Mondays in February, on the first and second Mondays in May, on the first and second Mondays in August, and on the first and second Mondays in November in each year. Times of holding fixed.

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SEC. 3. Be it further enacted, That the judge of said court shall only draw a grand jury for the May and November terms of said court, at which terms both civil and criminal business shall be tried. Grand jury and criminal business at two terms only. SEC. 4. Be it further enacted, That at the February and August terms of said court only civil business shall be tried. This Act effective on and after January 1st, 1915. Civil business at all four 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 August 4, 1914. PULASKI SUPERIOR COURT, FOUR TERMS OF. No. 346. An Act to provide for holding four terms a year of the superior court of Pulaski County; to prescribe the time for holding such terms, the length of each of such terms, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That there shall be held in each year four terms of the superior court in and for the county of Pulaski, said State, in the Oconee judicial circuit. Four terms a year. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall be held on the second Monday in March, on the second Monday in June, on the second Monday in September, on the second Monday in December of each year, and that the length of each term shall be one week. Times of holding fixed. SEC. 3. Be it further enacted by the authority aforesaid that the judge of said court shall draw a grand jury for the March and September terms only of said court; provided, nevertheless, that the judge of said court in his

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discretion, if the business of the court shall require, may draw a grand jury for the June and December terms, to be drawn and summoned as other grand juries are drawn and summoned. Grand juries, when drawn. SEC. 4. Be it further enacted by the authority aforesaid, That this law shall become effective on the first of January, 1915. This law effective when. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 7, 1914. TERRELL SUPERIOR COURT, TERMS OF. No. 300. An Act to change and fix the time of holding the superior court of Terrell County, in the Pataula judicial circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the time of holding the superior courts of the county of Terrell, in the Pataula judicial circuit, shall be changed from the fourth to the third Mondays in November and May of each year. Times for holding fixed. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, bills, writs, summons, mesne and final process, and other processes of whatever kind now returnable to and pending in the superior court of said county, as the terms are now provided for, shall hold good and relate to the terms of said court as changed, fixed and provided by this Act, and that all grand and traverse jurors who may be drawn and summoned to attend the said court, as now provided by law, shall be required to attend at the term of said court as changed and fixed by this Act. Pending business. Jurors.

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SEC. 3. Be it further enacted by authority aforesaid, That all persons subpoenaed as witnesses to appear at the terms as fixed before the passage of this Act shall be required to attend the terms of said court as now fixed by this Act. Witnesses. 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 27, 1914. WILKES SUPERIOR COURT, TIMES OF HOLDING GRAND JURY SESSIONS. No. 301. An Act to change the time of holding the grand jury sessions of Wilkes superior court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act a grand jury shall be convened for the February and August terms of Wilkes superior court; provided, that in the discretion of the presiding judge a special session of the grand jury may be called at any other term. Grand juries, when called. 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 27, 1914.

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TITLE V. MISCELLANEOUS. ACTS. Bailiffs of City Courts, Salaries of. Bank Bureau in Treasury Department. Bookkeeper for State Bank Examiner. Salary of Stenographer of State Bank Examiner Increased. Barbers, Regulating Occupation of. Bond Coupons, Payment of. Bond Issue for Public Debt Due in 1915. Check, Draft, Etc., Punishment for Drawing and Uttering, Without Funds. Chain-gang of County to work on Streets of Certain Cities. Child Labor, Regulating Employment of. Condemnation of Private Property by the State or the United States. Corporations, Reviver of Charters. Executions, Record of, in Other County, for Lien of Judgment. Fraternal Benefit Societies Regulated. Fugitives from Justice, Payment of Expenses of Bringing Back. Health Laws of the State Revised. Health Rules and Regulations Touching Food. Insurance Companies, Prerequisite to Receivership for. Legislative Reference Bureau in State Library. Ordinaries' Fees for Pension Work. Quartermaster General's Office Abolished. Police for Counties Authorized. Railroad Companies Authorized to Relocate Tracks, etc. Record of Maps, Surveys, etc., in Certain Counties. Shipments in Carload Lots Without License Tax. Slaughter-houses, Meat Markets, Dairies, etc., Inspection and Statistics. Tax on Automobiles, Distribution of, Among Counties. United States, Ceding Marsh Lands to. University of Georgia, South Georgia Agricultural, Industrial and Normal College a Part of. University of Georgia Trustees, President of South Georgia College, an Ex-Officio Member of. Vital Statistics, Registration of. BAILIFFS OF CITY COURTS, SALARIES OF. No. 507. An Act to fix the salaries of bailiffs of the city courts of of this State in counties in which there are cities having a population of not less than one hundred and fifty thousand, according to the census, and to provide for payment of such salaries, 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 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 succeeding 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 and twenty-five 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. Salaries in certain cities. How paid. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1914. BANK BUREAU IN TREASURY DEPARTMENT. No. 517. An Act to amend an Act to create in the Treasury Department a bank bureau, and for other purposes, approved August 22, 1907, by amending Section 5 of said Act, by striking out the words fifteen hundred dollars per annum for the second examiner, and twelve hundred dollars per annum for each additional examiner, and inserting in lieu thereof the words, eighteen hundred dollars for each additional examiner, and also to amend Section 24 of said Act, by striking out of said section the fees authorized therein and inserting in lieu thereof the schedule of fees to be charged for each examination as follows: For examination of banks of $25,000 capital and less, $12.50 for each examination; for banks of over $25,000 capital and less than $50,000, $15 for each examination; for banks of $50,000 capital and less than $75,000, $20 for each examination; for banks of $75,000

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capital and less than $100,000, $25 for each examination; for banks of $100,000 capital and less than $200,000, $60 for each examination; for banks of $200,000 capital and less than $500,000, $100 for each examination; for banks of $500,000 capital and above, $125 for each examination. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act approved August 22, 1907, entitled an Act to create in the Treasury Department of the State of Georgia a bank bureau; to provide for the appointment of a bank examiner and assistant examiners, constituting said bank bureau; to define the duties of such bureau and of the officers thereof; to authorize and empower said bureau, through the officers and agents, to examine and report on the condition of all banks, trust companies, and persons or corporations now or hereafter doing a banking business in the State of Georgia; to require such banks, bankers and trust companies to submit their books, all books and papers relating to their respective business, to the inspection and examination of the officers or agents of the bank bureau; to provide for the publication of reports and recommendations by said bank bureau; to authorize the said bureau to institute appropriate proceedings in the event any bank, trust company shall be found to be insolvent or in failing condition, or to have violated the laws of this State, or the charter of such banking or trust company, and for other purposes. That this Act be and the same is hereby amended by striking from the fifth section thereof the following words: Fifteen hundred dollars per annum for the second assistant examiner and twelve hundred dollars per annum for each additional examiner, so that said section when amended shall read as follows: Act of 1907 amended. The assistant examiner shall possess the power and perform any duties attached by law to the office of the State bank examiner, under the direction of the State Treasurer or during a vacancy in the office or during the absence or inability of the State bank examiner, and if there be more than one assistant the first appointed shall rank as first

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assistant and shall have the rank as to filling the office next to the State bank examiner. Each assistant examiner shall also take the oath of office prescribed by the constitution and laws of this State, and shall give bond to the State Treasurer in the penal sum of five thousand ($5,000.00) dollars, and shall be subject to the State Treasurer and may be removed for good and sufficient cause by him. Should a vacancy occur and another assistant is needed the State Treasurer may appoint another, who, in his judgment, may possess the moral character and business qualifications necessary, who shall qualify as herein stated. The salaries of said assistant examiners shall be fixed by the State Treasurer and shall not exceed two thousand ($2,000) dollars per annum for the first assistant examiner; eighteen hundred ($1,800) dollars for each additional examiner. The salaries and expenses to be prorated and collected from the banks, according to the capital of each, as hereinafter stated in section 24 of this Act. To be read as amended. Assistant bank examiners, oath, bond, duties, salary, etc. And be it further enacted by the authority aforesaid, That Section 24 of the above recited Act shall be stricken and in lieu thereof the following inserted, as Section 24: Section 24. Be it further enacted by authority aforesaid, That the fees for examination of banks shall be as follows: For examination of banks of $25,000 capital and less, $12.50 for each examination; for banks of over $25,000 capital and less than $50,000, $15 for each examination; for banks of $50,000 capital and less than $75,000, $20 for each examination; for banks of $75,000 capital and less than $100,000, $25 for each examination; for banks of $100,000 capital and less than $200,000, $60 for each examination; for banks of $200,000 capital and less than $500,000, $100 for each examination; for banks of $500,000 and above, $125 for each examination. Fees fixed for examination of banks. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 17, 1914.

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BOOKKEEPER FOR STATE BANK EXAMINER. No. 376. An Act to provide a bookkeeper for the State bank examiner, to fix the salary therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, the State bank examiner shall be authorized to employ a bookkeeper for the State Banking Department at a salary not to exceed twenty-four hundred dollars per annum. Employment of bookkeeper, 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 11, 1914. SALARY OF STENOGRAPHER OF STATE BANK EXAMINER INCREASED. No. 381. An Act to increase the salary of the stenographer to the State bank examiner, 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 salary of the stenographer to the State bank examiner shall be twenty-four hundred dollars per annum. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1914.

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BARBERS, REGULATING OCCUPATION OF. No. 468. An Act to regulate the practice of the occupation of a barber in certain cities within the State of Georgia and to provide for the registering and licensing of person to carry on such practice and to insure the proper sanitary conditions in barber shops, and prevent the spreading of disease in the State of Georgia, to establish a State board of barber examiners, to carry out the purposes of this Act. To make any penal violations of the terms of this Act, and to prescribe punishments 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 it shall be unlawful for any person to follow the occupation of barbering in cities or towns in excess of five thousand inhabitants unless he will have first obtained a certificate of registration as provided in this Act; provided, however, that nothing in this Act contained shall apply to or affect any person who is now and who for the past three years has been actually engaged in said occupation, and a person so engaged less than three years shall be considered an apprentice, and at the expiration of three years of such employment shall be subject to the provisions of this Act as hereinafter provided. Unlawful without certificate of registration. To whom this Act not applied. SEC. 2. Be it further enacted that to shave any living persons, or trim the beard, or cut or dress the hair of any such person for hire or pay to the person performing any such services or to any other person, shall be construed as practicing the occupation of barbering within the meaning of this Act. Barbering defined. SEC. 3. Be it further enacted that there shall be established a board, to be styled the State Board of Barber Examiners, which will hereafter be referred to as the board, which said board shall be composed of three members, which

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members shall have attained the age of twenty-one years, and have had at least five years' experience in the practice of the occupation of a barber, and shall be appointed by the Governor of this State for a term of three years, The first appointments made under this Act shall be for 1, 2 and 3 years, respectively, from the first day of October next after the approval of this Act, and all vacancies on said board, however caused, shall be filled by the Governor for the remainder of the unexpired term. Each member of said board shall hold office until his successor is appointed and qualified, and no person shall be qualified to act as a member until he shall have given a bond in the sum of one thousand dollars, with surety to be approved by the Secretary of the State, conditioned for the faithful and impartial performance of his duties, which member thereof shall be considered a pubilc officer, and shall take the oath required of such. Board of barber examiners established. Appointment, term and qualification. SEC. 4. Be it further enacted that such board shall have power to adopt reasonable rules and regulations prescribing the sanitary requirements of a barber shop, subject to the approval of the State Board of Health, and to cause the rules and regulations to be printed in a suitable form, and to transmit a copy thereof to the proprietor of each barber shop in the State. It shall be the duty of every proprietor or person operating a barber shop in cities in excess of five thousand inhabitants of this State to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted, or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board shall have power to enter and make reasonable examination of any barber shop in cities in excess of five thousand inhabitants in this State during business hours for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in which tools, appliances and furnishing in use therein are

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kept in an unclean and unsanitary condition, so as to endanger health, is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor. Rules prescribing sanitary requirements to be posted. What barber shop a nuisance. SEC. 5. Be it further enacted that each member of said board shall receive a compensation of five ($5.00) dollars per day for actual services and ten ($.10) cents per mile actually traveled in attending to the business of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemized and verified claim therefore being filed with the secretary by the member claiming the same. The secretary's office shall be kept in the office of the State Board of Health, and he shall spend at least a day in each week at such office attending to his official duties, but in no event shall any part of the expenses of the board or any member thereof be paid out of the State Treasury. Compensation of board. Not paid from State treasury. SEC. 6. Be it further enacted, That it shall be the duty of said board to issue certificates of registration as hereinafter provided, the same being under the seal of the board and signed by its president and secretary. Said board shall have power to adopt all reasonable rules and regulations for the enforcement of and carrying out the purposes of this Act, provided same are not inconsistent with the constitution or laws of the United States or of this State, or with the terms of this Act. Said board shall adopt a seal, to be used to authenticate all its official papers and acts. Said board shall elect one of its members president, one secretary and one treasurer of the board, to hold office during the pleasure of the board. Said board shall have power to subpoena witnesses, administer oaths, hear and take testimony in any matter over which it may have jurisdiction. Certificates of registration. Rules, etc. Seal. Officers of board. Power to take testimony. SEC. 7. Be it further enacted that said board shall on the 1st day of January in each year report to the Governor a full statement of the receipts and disbursements of the board for the preceding year, and any moneys in the

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hands of the treasurer of said board at the time of making such report in excess of five hundred dollars, shall be paid over to the State Treasurer, to be kept by him for the future maintenance of said board, and to be disbursed by him upon warrants issued by said board. Reports to Governor. Payments to State Treasurer. SEC. 8. Be it further enacted that said board shall hold each year throughout the State at such times and places as it shall designate beforehand, at least four examinations to examine applicants for certificates of registration under this Act; notice of any such examinations shall be given by publication in one or more newspapers of general circulation throughout the State at least ten days before the holding of such examinations. All expenses so incurred shall be paid out of moneys arising from the terms of this Act. Examination of applicants to register. SEC. 9. Be it further enacted, That every person engaged as a barber within this State at the date of the approval of this Act, and who has practiced such occupation for a period of three years prior to the approval of this Act, shall, within ninety days after the approval of this Act, file with the secretary of said board an affidavit, setting forth his name, residence and length of time during which and the place in which he has practiced such occupation, and shall pay to the treasurer of said board two dollars; a certificate of registration shall be then issued to him entitling him to practice the trade or occupation of a barber in this State, subject to the terms and provisions of this Act, and any amendment thereto. Barbers required to file affidavit and obtain certificate within ninety days. SEC. 10. Be it further enacted, That any person not included in Section 9 of this Act, or not qualifying under said section, desiring to obtain a certificate of registration under the terms of this Act, shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of five dollars, and shall present himself at the next meeting of said board held for applicants, and if upon such examination it shall be made to appear that such applicant is above nineteen years of age, is of good moral character, is free from contagious

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or infectious disease, that he has studied the trade of a barber for at least three years under one or more practicing barbers, or one or more barbers registered under this Act, or both, for said period, or has lawfully practiced such trade or occupation for a period of three years within this State or elsewhere, that he is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, in shaving, in hair cutting and in all the duties and services incident thereto, and is possessed of a sufficient knowledge concerning diseases common to the face and skin, a certificate of registration shall then be issued to him entitling him to practice the trade or occupation of a barber in this State, subject to the terms and provisions of this Act and any amendments thereto. Should an applicant under this section fail to pass such an examination, the said board shall furnish to him a statement in writing, stating wherein said applicant was deficient. Nothing in this Act shall be construed to debar any applicant from making repeated efforts to qualify under this section. Examination of applicants for certificates. SEC. 11. Be it further enacted, That nothing in this Act shall prohibit any person from learning said trade under a barber authorized to practice under this Act, who is pursuing his vocation in a barber shop or under an instructor in a barber's school or college, who, himself, has been a journeyman barber for a period of at least three years and has registered under this Act. Every such person desiring to so learn said trade, shall file with the secretary of said board a statement in writing, showing his name, the place of his employer or instructor, and shall pay to the treasurer of the board a fee of fifty cents, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said trade. Apprentices or learners required to file affidavit and obtain certificate. SEC. 12. Be it further enacted, That the holder of any certificate of registration issued under this Act shall display same in a conspicuous place in front of his working chair in his shop or place of business, and upon his failure

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or refusal to do so, his certificate of registration shall be revoked by said board. Certificates of registration issued under the provisions of this Act shall be renewed on the first day of January each year by the holder of same paying to said board a renewal fee of one dollar. Certificates to be displayed. SEC. 13. Be it further enacted, That said board shall keep a record of all the proceedings, and shall keep a register in which shall be entered the names of all persons to whom certificates of registration are issued, which register shall be open at all times for public inspection. Said records and register shall be prima facie evidence of all matters required to be kept therein, and certified copies of same or parts of same shall be primary evidence of their contents, and all such copies, other documents or certificates lawfully issued by said board shall, when authenticated under the seal of this board, be admitted in any investigation to any court or elsewhere without further proof. Board to keep record and registry. Certified copies as evidence. SEC. 14. Be it further enacted that if any person not lawfully entitled to a certificate of registration under this Act shall practice the occupation of a barber, or if any such person shall endeavor to learn the trade of a barber by practicing the same under the instructions of a barber or other person other than as herein provided, or if any such person shall instruct, or attempt to instruct any person in such trade, or if any proprietor of, or person in control of or operating any barber shop, shall knowingly employ for the purpose of practicing such occupation any barber not registered under sections of this Act, or if any person shall instruct, or attempt to instruct in such trade, any person not registered under the provisions of this Act, or if any person shall falsely or fraudulently pretend to be qualified under this Act to practice or learn such trade or occupation, he shall be guilty of a misdemeanor and be punished by a fine not less than ten dollars, or more than fifty dollars, or imprisonment in the county jail of not less than five or more than thirty days. Penalty for violation of Act.

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SEC. 15. Be it enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1914. BOND COUPONS, PAYMENT OF. No. 441. An Act to provide that coupons belonging to bonds of the State may be paid at maturity by the authorized representatives of the State without the presentation of the bond, and relieving the necessity of the coupon being signed by the State Treasurer, and for other purposes. SECTION 1. Be it enacted, That from and after the passage of this Act that the coupons that may be attached to any bond of the State need not be signed by the State Treasurer in order that the same may be paid upon presentation. Need not be signed by State Treasurer. SEC. 2. Be it further enacted, That any such coupons issued by authority of the State may be paid by the duly appointed representative thereof, without being accompanied by the bond to which it belongs. Payable without presentation of bond. SEC. 3. Be it enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1914. BOND ISSUE FOR PUBLIC DEBT DUE IN 1915. No. 526. An Act to authorize the Governor of this State to issue bonds of the State to the amount of $3,679,000, and negotiate such bonds, for the purpose of raising money with which to pay off that portion of the public debt

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which falls due during the year 1915, and to give the Governor any necessary authority in connection therewith, and for other purposes connected therewith. SECTION 1 Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That the Governor be, and he is hereby authorized and empowered to issue negotiable bonds of the State to the amount of $3,679,000 and negotiate such bonds for the purpose of raising money to pay off that portion of the principal of the public debt falling due May 1st, 1915, amounting to $287,000, and that portion of the principal of the public debt amounting to $3,392,000, falling due the first day of July, 1915. Said bonds are to be issued and negotiated at such times and in such amounts not exceeding in the aggregate the sum of $3,679,000, as the Governor may, in his discretion, see proper, and in order to meet the wants of the state; provided, that all of the sinking fund specially reserved and accumulated in the treasury for the purpose of meeting that installment of said bonds falling due May 1st, 1915, being proceeds of the sale of the Northeastern Railroad then in the treasury and available for the purpose, shall be applied to pay off as much of said $287,000 issue as said sinking fund will pay, and new or refunding bonds to be issued only for the balance of the same. Governor authorized to issue and negotiate bonds. Proviso as to use of sinking fund. The Governor may make such temporary binding agreement to deliver such bonds as may be necessary, and the bonds, signed by the Governor exercising the functions of that office, whether prior to or after the first day of July, 1915, shall be binding and of full force and effect and such binding force shall equally belong to the other officers required to sign such bonds, who may be in office at the time the Governor signs such bonds. Said bonds are each to be of such varying denominations as the Governor may see proper to fix, and shall bear interest at a rate not exceeding 4% per annum, the interest payable semi-annually, the principal of such bonds to mature serially in successive amounts commencing July 1st, 1930, or commencing July 1st, 1935, as the Governor may think best and thereafter installments

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of the same maturing each year successively during the next following ten or fifteen years as the case may be, so that the last installment shall mature July 1st, 1945. The yearly installments to be either in varying or uniform amounts as the Governor may direct and shall be payable, both principal and interest at the office of the Treasury of the State, in the city of Atlanta, Ga., and also in the State of New York, at such place as the Governor may elect. Said bonds shall be signed by the Governor and Secretary of State, and countersigned by the Treasurer of said State and on its behalf. To each of said bonds shall be attached coupons for the interest, and upon each coupon shall be engraved, printed or lithographed the signature of the Treasurer of the State for it and on its behalf. Each coupon may be redeemed at the Treasury or place designated for payment, without being accompanied by the bonds to which they belong. The bonds shall not be sold or disposed of for less than their par value. Agreement to deliver bonds. Denominations. Interest rate. Maturity of principal. Where payable. Signed by whom. Coupons for interest. Payment of coupons. Not sold for less than par. SEC. 2. Be it further enacted, That in order to facilitate the sale and negotiation of such bonds the Governor, exercising his discretion as to terms and conditions, may give notice by publication in such place or places and for such length of time as he may see proper, of his intention to issue said bonds and he may invite bids for the same, and the lowest rate of interest at which the bidder will take such bonds, or any portion thereof, provided nothing herein provided shall be held or construed to limit the Governor to this method of sale and negotiation, but he may reject any and all bids made in response to such published notice, and in his discretion may proceed to readvertise as often as he sees fit, and may proceed to dispose of such bonds or such portion as he deems advisable by private negotiation, if in his judgment the best interest of the State shall demand such a course. Bids to be invited. Discretion of the Governor. SEC. 3. Be it further enacted, That if said bonds be sold at a premium the entire amount of such premiums shall be added to and become a part of the sinking fund, devoted to and to be used solely and exclusively in payment and reduction

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of the principal of the public debt of the State, or such premium may be applied and used to lessen the amount of bonds sold, in the discretion of the Governor. Premium, how applied. SEC. 4. Be it further enacted, That the Governor may provide under such terms as meets his approval for the carrying of the bonds falling due May 1st, 1915, until July 1st, 1915, in order that one series of bonds may be issued to take up the said entire debt falling due in 1915. For the purpose of carrying this section into effect, the Governor is authorized to make a temporary loan under such terms and conditions as he may deem advisable, which shall be binding upon the State, and may pledge the bonds falling due May 1st, 1915, as security. Temporary loan, Governor authorized to effect. SEC. 5. Be it further enacted, That if it be deemed advisable by the Governor, because of financial conditions at the time said bonded indebtedness becomes due, That the new bonds of the State shall not be sold, he is authorized to make such arrangements as meets his approval, for the purpose of carrying the said bonded indebtedness for a time not exceeding eighteen months, and under such terms and provisions as he may deem advisable, and the obligations so contracted shall have the same security and force as the bonded debt so provided for. Governor's authority under financial conditions. SEC. 6. Be it further enacted, That the Governor is hereby authorized to issue upon such terms and under such regulations as he may from time to time prescribe, not inconsistent with existing laws, registered bonds, in lieu of and in exchange for any bonds authorized to be issued in pursuance of the provisions of this Act. Such registered bonds shall be similar in all respects to the bonds authorized to be issued by the provisions of this Act, except they shall not be coupon bonds, and the principal and interest shall be payable only at the Treasury of the State. Said registered bonds shall bear interest at a rate not exceeding 4 per centum per annum, payable semi-annually. Said bonds shall be transferable on the books of the Treasurer of the State, in person or by power of attorney, the form of which

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shall be as follows: For value received.....assign to.....the within registered bonds of the State of Georgia, number.....of the denomination of $.....and.....hereby authorize the transfer thereof on the books of the Treasurer of the State of Georgia. Dated..... State of..... County of.....Signature of assignor, town of...... Personally appeared before me the above named assignor. Known or proved to be the..... payer of the within bond and signed the above transfer and acknowledged the same to be his free act or deed. Witness my hand and official signature and seal this..... day of.....19...... Said power of attorney shall be executed in the presence of any judge of a Court of Record in this State, a justice of the peace or notary public, when the power of attorney is executed in this State, and if executed out of the State, then in the presence of any commissioner of deeds for the State of Georgia, resident in the State of the assignor, or ordinary or judge of the probate court, or like officer of the county of the residence of the assignor. Registered in lieu of coupon bonds, authority to issue. Be it further enacted, That there be endorsed on each of the bonds issued in pursuance of this Act the following extracts from the constitution of this State, viz: Endorsement of constitutional provisions on bonds. The proceeds of the sale of the Western Atlantic Railroad held by the State and any other property owned by the State whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatever, so long as the State has any existing bonded debt. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses and interest on the public debt, the sum of one hundred thousand dollars, which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured and shall be applied to no other purpose whatever. Be it further enacted, That all bonds, whether coupon

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or registered bonds, issued under the provisions of this Act, shall be exempt from all taxation by or under the authority of this State, or any municipal, county or authority whatsoever. Bonds exempt from taxation. SEC. 7. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1914. CHECK, DRAFT, ETC., PUNISHMENT FOR DRAWING AND UTTERING, WITHOUT FUNDS. No. 453. An Act declaring it a misdemeanor to draw and utter any check, draft, or order when the drawer has not at the time sufficient funds to meet the same, provided such drawer does not deposit with the drawee sufficient funds to meet the same within thirty days; providing punishment therefor, 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, any person who shall draw and utter any check, draft, or order for present consideration upon a bank, person, firm or corporation with which such drawer has not at the time sufficient funds to meet such check, draft or order, and shall thereby obtain from another, money or other thing of value, or induce such person to postpone any remedy he may have against such drawer, shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 1065, of the Code; provided, that if such drawer shall deposit with such drawee of such paper, within thirty days thereafter, funds sufficient to meet such check, draft, or order together with interest which may have accrued, there shall be no prosecution under the provisions of this Act. Drawing and uttering check, etc., without funds to meet it; penalty for. Proviso as to making good in thirty days.

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SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 14, 1914. CHAIN-GANG OF COUNTY TO WORK ON STREETS OF CERTAIN CITIES. No. 435. An Act making it the duty of the county authorities working the chaingang force upon the roads by and with the consent of the governing authorities of any municipality within said county having a population as per the census of 1910, of not less than 7,000 or more than 10,000 reaching the limits of said municipal corporation to work said force through the said municipality maintaining the same grade and character of work through said municipality as it did without, fix how the damage arising from said work, if any, shall be paid and giving to the municipality the right of mandamus to any municipality against any county authorities for failure to perform said work, 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 same. SECTION 1. That from and after the passage of this Act it shall be the duties of the county authorities working a chain-gang force upon its roads, by and with the consent of the governing authorities of any municipality that said municipality having a population as per the census of 1910, of not less than 7,000 or more than 10,000, upon reaching the limits of said municipal corporation to work said force through the said municipality, maintaining the same grade and character of work within said municipality as it did without, that is, continue to work on said street or streets of said municipality upon reaching the point of intersection

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of public road or roads, with the street or streets, through the corporate limits of said municipality. County authorities to carry work of road chaingang on city streets. SEC. 2. Be it further enacted by the authority aforesaid, That upon the failure of the county authorities to comply with said Act and the duties herein prescribed, and a failure to work the streets, that said municipal authorities shall have the right of mandamus as is now allowed and permitted by law. Mandamus on failure. SEC. 3. Be it further enacted, That while said county gang force is employed within the limits of said municipality working the streets as herein prescribed, that no damages arising by reason of said work to any person or property shall be a claim against said county, and the county shall in no wise be responsible therefor but the work thus done shall be considered as if being done by the municipality itself. County not liable in damages. SEC. 4. 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 14, 1914. CHILD LABOR, REGULATING EMPLOYMENT OF. No. 426. An Act regulating the employment of children; to provide for the issuance of certificates with reference to age and educational qualifications of children; the revocation of such certificates by the Commissioner of Labor; designating prohibited hours of labor for such children; making it the duty of the Commissioner of Labor and authorized assistants to enforce this Act; making it a misdemeanor to violate the provisions of this Act; and to repeal the Act approved August 1st, 1906, entitled An Act to regulate the employment of children in factories and manufacturing establishments in this

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State, and to provide for the punishments of violations of the regulations prescribed, and for other purposes, and which said Act repealed is codified in Sections 3143, 3144, 3145, 3146, 3147, 3148 and 3149, of the Code of Georgia of 1910, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That no child under the age of fourteen years shall be employed by, or permitted to work in or about any mill, factory, laundry, manufacturing establishment, or place of amusement; except that children over twelve years of age who have widowed mothers dependent upon them for support, or orphan children over twelve years of age dependent upon their own labor for support, may work in factories and manufactories; except that the foregoing provisions of this section shall not be applicable in instances specified and provided for in Section 8, of this Act. Children not to work at specified places. Exception. SEC. 2. Be it further enacted by the authority aforesaid, That no child under fourteen years and six months shall be employed or be permitted to work in any of the establishments or occupations mentioned in Section 1, unless the person, firm, or corporation employing such child has and keeps on file accessible to the officials charged with the enforcement of this Act, a certificate from the superintendent of schools in the county or city in which such child resides, that such child is not less than fourteen years of age, has attended school for not less than twelve weeks of the twelve months preceding the date of issuance of such certificate; except that the foregoing provisions of this section shall not be applicable in instances specified and provided for in Section 8, of this Act. School certificate, when required. Exception. SEC. 3. Be it further enacted, by the authority aforesaid, That the certificate mentioned in the foregoing section shall state the full name, date and place of birth of the child, with the name and address of the parent, guardian, or person sustaining the parental relationship to such child, and that the child has appeared before the officer, and satisfactory evidence submitted that the child is of legal age. Blank forms of these certificates shall be furnished by the Commissioner

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of Labor to the superintendent of schools in the respective cities and counties. A duplicate copy of each certificate shall be filed with the Commissioner of Labor within four days from its issuance. The Commissioner of Labor may at any time revoke any certificate if, in his judgment, the certificate was improperly issued. He is authorized to investigate the true age of any child employed, hear evidence, and require the production of relevant books or documents. If the certificate is revoked, the then employer shall be notified, and said child shall not thereafter be employed or permitted to labor until a new certificate has been legally obtained; except that the foregoing provisions of this section shall not be applicable in instances specified and provided for in Section 8, of this Act. Certificate to show what. Commissioner of Labor, powers and duties of. SEC. 4. Be it further enacted by the authority aforesaid, That no child under fourteen years and six months of age shall be permitted to work in or about any of the establishments mentioned in Section 1, or Section 2, of this Act, between the hours of 7 p. m. and 6 a. m., according to the standard time of the community in which such establishment is located. Night work forbidden. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Labor and his authorized assistants to see that the provisions of this Act are enforced. Enforcement of the law. SEC. 6. Be it further enacted by the authority aforesaid, That any person, agent, or representative of any firm or corporation violating any of the provisions of this Act; or any parent, guardian or other person standing in parental relationship to any child, who shall hire or place for employment or labor, any child under the age limits in any of the establishments or occupations mentioned in Section 1, of this Act, or any superintendent of county or city schools who shall issue a certificate knowing that its issuance was illegal; or any person who shall knowingly furnish any untrue evidence with reference to the date or place of birth of said child, or the age of said child or its educational

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qualifications, shall be guilty of a misdemeanor, and upon conviction shall be punished accordingly. Penalty for violation of this Act. SEC. 7. Be it further enacted by the authority aforesaid, That the Act approved August 1st, 1906, and entitled An Act to regulate the employment of children in factories and manufacturing establishments in this State and to provide for the punishment of violations of the regulations prescribed, and for other purposes and codified in Sections 3143, to 3149, inclusive, of the Code of Georgia of 1910, is hereby repealed. Repeal of Act of 1906. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be lawful for a child twelve years of age or more to work in and for a mill, factory, laundry, manufacturing establishment or place of amusement if such child has dependent upon his labor a widowed mother or if such child is an orphan dependent upon his own labor. Whenever such child desires to work in any of such places as is specified above the fact that such child's labor is necessary to support a widowed mother or to support such orphan child must be found to be true after an investigation by a commission composed of the county school superintendent and the ordinary of the county where the work is to be done, and the head of the school in the school district where the said child lives. After an investigation by said commission if it, or a majority of its members, find that the facts exist to authorize such child to work in or for any of the establishments mentioned in Section 1, of this Act, because of the existence of either of the conditions hereinbefore set out, such commission shall issue a certificate to that effect which shall be kept of file in the office of the establishment where said child is at work. Such commission shall make an investigation and issue a new certificate at least once each six months and may prescribe as a condition precedent to issuance of such certificate school attendance for such length of time and at such time as in its discretion seems wise. No such certificate more than six months old shall authorize the employment of any child under fourteen and

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one-half years of age in or for any of the places specified in section one of this Act. When lawful for child of twelve years to work in mill, etc. Investigation. Certificate. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and they are hereby repealed. SEC. 10. Be it further enacted by the authority aforesaid, That the provisions of this Act shall be in force on and after January 1st, 1915. When law effective. Approved August 14, 1914. CONDEMNATION OF PRIVATE PROPERTY BY THE STATE OR THE UNITED STATES. No. 430. An Act to provide for the judicial cognizance, in certain conditions, of proceedings for the condemnation of private property by the State or the United States for public purposes, and to prescribe rules for procedure in such cases, and for the service of notice upon persons interested or concerned, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by said authority as follows: SECTION 1. Whenever the State of Georgia or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy; or that there are or may be persons unknown or non-resident who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial

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ascertainment of any question connected with the matter; such government may, through any authorized representative, either in term time or vacation, petition the Superior Court of the county having jurisdiction, for a judgment in rem. against said property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. Procedure in case of doubt as to title. Judgment in rem. SEC. 2. The petition shall set forth the facts showing the right to condemn; the property to be taken or damaged; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected, shall set forth such other facts as are necessary for a full understanding of the cause; and shall pay for such judgment of condemnation as may be proper and desired. If any of the persons referred to are minors or under disability, the fact shall be stated. Petition to superior court, what to be shown by. SEC. 3. The presiding judge may thereupon make an order requiring all persons concerned to appear at a time and place therein named, and make known their objections, if any, their right, if any, their claims as to the value of the property or of their interest therein, and any other matters material to their respective rights, which day shall be as early as may be convenient, having due regard to the necessities of notice, and shall in said order give appropriate directions for such notice and the service thereof. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem. All persons entitled to notice under the facts stated in the petition, who are sui juris and within this State and whose residence is known, shall be served by the sheriff with a copy of the petition and order as in other causes at law, unless such service be waived in writing. All other service shall be made in the method pointed out by the Act of the General Assembly, approved December 18th, 1894, providing a method for condemning property, and all persons so

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served shall be deemed parties to the cause; but in any cases where it shall seem to the presiding judge to be in the interest of justice and of more effective notice, to cause additional notice or service, it shall be within his discretion to so order, and, in such case, the additional notice and service shall be made as ordered, before the cause proceeds to final hearing. In cases where any taxes are alleged or supposed to be due or unpaid, the order shall direct that a separate notice to that effect be given the proper tax collector. Order by judge. Notice, service of. Taxes unpaid. SEC. 4. On the day named in the rules or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice; shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall conform most nearly to the provisions of the said Act of 1894, and give all persons interested equal rights in the selection thereof. But if, by reason of conflicting interests or otherwise, such equality of right can not be preserved, the judge presiding shall himself make such order on the subject as shall secure a fair and impartial assessment, or may, in his discretion, order the issues tried in the first instance by a jury. In any event it shall be within the power of the court to hear said cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing. In case assessors are-appointed, the same right of appeal shall lie from their award to a jury in said court, as is given in said Act of 1894, to the Superior court, and upon like terms and conditions in all respects as are in said Act provided. Order as to assessors, etc. SEC. 5. The award or verdict, as the case may be, shall have respect, either to the entire and unencumbered fee, or to any separate claim against the property or interest therein, as may be ordered, and may be molded under the direction of the court so as to do complete justice and avoid confusion of interests; and it shall be within the power of the court, upon payment of the award or verdict into the

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registry of the court, to adjudge a condemnation of the title in fee simple, and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, causing such pleadings to be filed and such issues made up as shall be appropriate for an ascertainment and determination of such rights. Award or verdict. Title in fee simple. SEC. 6. All questions of law arising upon the pleadings or in any other way arising from the cause may be passed on by the presiding judge, who may, from time to time, in term in vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court. Judge's orders, etc. Jury. SEC. 7. No provision contained in this Act in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known his rights or claims in the property or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict or award and be fully heard thereon. And if any person, after judgment of condemnation, shall desire to come in and be heard on any claim to the fund or to any interest therein, he shall be allowed to do so. But after condemnation is had and the fund paid into the registry of the court, the petitioner shall not be concerned with or affected by any subsequent proceedings unless upon appeal against it as hereinbefore allowed. Pleading. SEC. 8. It shall be the duty of any tax collector, notified as herein required, to make known to the court in writing the taxes due on the property and the court shall give such direction as will satisfy the same and discharge the lien thereof. Taxes. SEC. 9. This Act shall not be construed as repealing the said Act of December 18th, 1894, prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in 1894. No repeal of Act of

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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, and such corporation shall continue from the date of such certificate by the Secretary of State or the date of such order by the Superior Court for the full period allowed by law for such corporations. SEC. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1914. EXECUTIONS, RECORD OF, IN OTHER COUNTY, FOR LIEN OF JUDGMENT. No. 427. An Act to require executions to be recorded on the general execution docket of the county where the land lies in order to be a lien on such land, as against the interests third parties acting in good faith and without notice who have acquired a transfer or lien thereon, 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, no money judgment obtained in any court of this State, or United States Court, in this State, shall create any lien on land, in any other county than where obtained, as against the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding defendant's property, unless at the time of said transfer the execution was recorded on the general execution docket in the county where such land is located. Third persons, when protected. Record on execution docket. SEC. 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1914.

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FRATERNAL BENEFIT SOCIETIES REGULATED. No. 524. An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, 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, SECTION 1. Any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries and not for profit, and having a lodge system with ritualistic form of work and representative form of government and which shall make provision for the payments of benefits, in accordance with Section Five hereof, is hereby declared to be a fraternal benefit society. Defined. SEC. 2. Lodge System Defined. Any society having a supreme governing legislative body and subordinate lodges or branches by whatever name known, into which members shall be elected, initiated, and admitted in accordance with its constitution, laws, rules, regulations, and prescribed ritualistic ceremonies, which subordinate lodges or branches shall be required by the laws of such society to hold regular or stated meetings at least once in each month, shall be deemed to be operated on the lodge system. Lodge system defined. SEC. 3. Representative Form of Government Defined: Any such 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 directly or indirectly by the members,

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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 votes, nor less than the votes required to amend its constitution and laws: and provided further, that the meetings of the supreme or governing body, and the election of officers, representatives or delegates shall be held as often as once in four years. The members, officers, representatives or delegates of a fraternal benefit society shall not vote by proxy. Representative form of government. SEC. 4. Exemptions. Except as herein provided, such societies shall be governed by this Act, and shall be exempt from all provisions of the insurance laws of this State, not only in governmental relation with the State, but for every other purpose, and no law hereafter enacted shall apply to them, unless they be expressly designated therein. Insurance laws not applied. SEC. 5. Benefits. Sub-section 1. Every society transacting business under this Act shall provide for the payment of death benefits, and may provide for the payment of benefits in case of temporary or permanent physical disability, either as the result of disease, accident or old age; provided, the period of life at which the payment of benefits for disability on account of old age shall commence, shall not be under seventy years, and may provide for monuments or tombstones to the memory of its deceased members, and for the payment of funeral benefits. Such society shall have the power to give a member, when permanently disabled or on attaining the age of seventy, all, or such portion of the face value of his certificate as the laws of the society may provide; provided, that nothing in this Act contained shall be so construed as to prevent the issuing of benefit certificates for a term of years less than the whole of life which are payable upon the death or disability of the member occurring within the term for which the benefit certificate may be issued. Such society, shall, upon written application of the member, have the power to accept a part of the periodical contributions in cash, and charge the remainder,

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not exceeding one-half of the periodical contribution, against the certificate with interest payable or compounded annually at a rate not lower than four per cent per annum; provided, that this privilege shall not be granted except to societies which have readjusted or may hereafter readjust their rates of contributions, and to contracts affected by such readjustments. Benefits. Powers of society. Sub-section 2. Any society which shall show by the annual valuation hereinafter provided for that it is accumulating and maintaining the reserve not lower than the usual reserve computed by the American Experience Table and four per cent. interest, may grant to its members extended and paid-up protection, or such withdrawal equities as its constitution and laws may provide; provided, that such grants shall in no case exceed in value the portion of the reserve to the credit of such members to whom they are made. Further powers. SEC. 6. Beneficiaries. The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, step father, step mother, step children, children by legal adoption, or to a person or persons dependent upon the member; provided, that if after the issuance of the original certificate the member shall become dependent upon an incorporated charitable institution, he shall have the privilege with the consent of the society to make such institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary, and from time to time, have the same changed in accordance with the laws, rules or regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of the said member; provided, that any society may, by its laws, limit the scope of beneficiaries within the above classes. Beneciaries. SEC. 7. Qualifications for Membership. Any society may admit to beneficial membership any person not less

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than sixteen and not more than sixty years of age, who has been examined by legally qualified physician, and whose examination has been supervised and approved in accordance with the laws of the society; provided, that any beneficiary member of such society who shall apply for a certificate providing for disability benefits, need not be required to pass an additional medical examination therefor. Nothing herein contained shall prevent such society from accepting general or social members. Membership. SEC. 8. Certificate. Every certificate issued by any such society shall specify the amount of benefit provided thereby, and shall provide that the certificate, the charter or articles of incorporation, or, if a voluntary association, the articles of association, the constitution and laws of the society and the application for membership and medical examination, signed by the applicant, and all amendments, to each thereof, shall constitute the agreement between the society and the member, and copies of the same certified by the secretary of the society, or corresponding officer, shall be received in evidence of the terms and conditions thereof, and any shall constitute the agreement between the society and the member, and copies of the same certified by the secretary of the society, or corresponding officer, shall be received in evidence of the terms and conditions thereof, and any changes, additions or amendments to said charter or articles of incorporation, or articles of the association, if a voluntary association, constitution or laws duly made, or enacted subsequent to the issuance of the benefit certificate shall bind the member and his beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were enforced at the time of the application for membership. Certificates to specify what. Contract of society and member, what constitutes. SEC. 9. Funds. Sub-section 1. Any society may create, maintain, invest, disperse and apply an emergency, surplus or other similar funds in accordance with its laws. Unless otherwise provided in the contract, such funds shall be held, invested, and disbursed for the use and benefit of the society

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and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in sub-section two of section five of this Act. Funds, how disposed of. The funds from which benefits shall be paid and the funds from which the expenses of the society shall be defrayed, shall be derived from periodical or other payments by the members of the society and accretions of said funds; provided, that no society shall hereafter be incorporated which does not provide for stated periodical contributions sufficient to provide for meeting the mortuary obligations contracted, when valued upon the basis of the National Fraternal Congress Table of Mortality as adopted by the National Fraternal Congress, August 23d, 1899, or any higher standard with interest assumption not more than four per cent. per annum, nor shall any such society be admitted to transact business in this State which does not provide for stated periodical contributions sufficient to provide for meeting the mortuary obligations contracted when valued upon one of the bases named in Section 23-A of this bill and applicable thereunder to such society. Periodical contributions. No society, domestic or foreign, shall hereafter be incorporated or admitted to write or accept members for permanent disability benefits except upon tables based upon reliable experience with an interest assumption not higher than four per cent. Tables of experience. Sub-section 2. Deferred payments or installments of claims shall be considered as fixed liabilities on the happening of the contingency upon which such payments or installments are thereafter to be paid: Such liability shall be the present value of such future payments or installments upon the rate of interest and mortality assumed by the society for valuation, and every society shall maintain a fund sufficient to meet such liability regardless of proposed future collections to meet any such liabilities. Liabilities. SEC. 10. Investments. Every society shall invest its funds only in securities permitted by the laws of this State

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for the investment of the assets of life insurance companies; provided, that any foreign society permitted or seeking to do business in this State, which invests its funds in accordance with the laws of the State in which it is incorporated, shall be held to meet the requirements of this Act for the investment of funds. Investments. SEC. 11. Distribution of Funds. Every provision of the laws of the society for payment by members of such society, in whatever form made, shall distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the money collected for mortuary or disability purposes on the net accretions of either or any of said funds shall be used for expenses. Payments by members, purposes of. SEC. 12. Organization. Seven or more persons, citizens of the United States, and a majority of whom are citizens of this State, who desire to form a fraternal benefit society, as defined by this Act may make and sign (giving their addresses) and acknowledge before some officer competent to take acknowledgement of deeds, articles of incorporation, in which shall be stated: Method of organizing society. First: The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company already transacting business in this State as to mislead the public or to lead to confusion: Second: The purpose for which it is formedwhich shall not include more liberal powers than are granted by this Act, provided that any lawful social, intellectual, educational, charitable, benevolent, moral or religious advantages may be set forth among the purposes of the societyand the mode in which its corporate powers are to be exercised. Third. The names, residences and official titles of all the officers, trustees, directors or other persons who are to have and exercise the general control and management of the affairs and funds of the society for the first year or until

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the ensuing election at which all such officers shall be elected by the supreme legislative or governing body, which election shall be held not later than one year from the date of the issuance of the permanent certificate. Such articles of incorporation and duly certified copies of the constitution and laws, rules and regulations, and copies of all proposed forms of benefit certificates, applications therefor and circulars to be issued by such society and a bond in the sum of five thousand dollars, with sureties approved by the Insurance Commissioner, conditioned upon the return of the advanced payments as provided in this section, to applicants, if the organization is not completed within one year, shall be filed with the Insurance Commissioner, who may require such further information as he deems necessary, and if the purposes of the society conform to the requirements of this Act, and all provisions of law have been complied with, the Insurance Commissioner shall so certify and retain and record, (or file), the articles of incorporation, and furnish the incorporators a preliminary certificate authorizing said society to solicit members as hereinafter provided. Insurance Commissioner. Upon receipt of said certificate from the Insurance Commissioner, said society may solicit members for the purpose of completing its organization and shall collect from each applicant the amount of not less than one regular monthly payment, in accordance with its table of rates as provided by its constitution and laws, and shall issue to each such applicant a receipt for the amount so collected, but no such society shall incur any liability other than for such advanced payments, nor issue any benefit certificate nor pay or allow, or offer, or promise to pay or allow, to any person any death or disability benefit until actual bona fide applications for death benefit certificates have been secured upon at least five hundred lives for at least one thousand dollars each, and all such applicants for death benefits shall have been regularly examined by legally qualified practicing physicians, and certificates of such examinations have been duly filed and approved by the chief medical examiner of such society; nor until there shall be established ten subordinate

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lodges or branches into which said five hundred applicants have been initiated; nor until there has been submitted to the Insurance Commissioner under oath of the president and secretary, or corresponding officers of such society, a list of such applicants, giving their names, addresses, dates examined, dates approved, dates initiated, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, rate of stated periodical contributions, which shall be sufficient to provide for meeting the mortuary obligations contracted, when valued for death benefits upon the basis of the National Fraternal Congress Table of Mortality, as adopted by the National Fraternal Congress, August 23d, 1899, or any higher standard at the option of the society, and for disability benefits by tables based upon reliable experience and for combined death and permanent total disability benefits by tables based upon reliable experience, with an interest assumption not higher than four per cent. per annum; nor until it shall be shown to the Insurance Commissioner by the sworn statement of the treasurer, or corresponding officer of such society, that at least five hundred applicants have each paid in cash at least one regular monthly payment as herein provided per one thousand dollars of indemnity to be effected, which payments in the aggregate shall amount to at least twenty five hundred dollars; all of which shall be credited to the mortuary or disability fund on account of such applicants, and no part of which may be used for expenses. Certificate. Said advanced payment shall, during the period of organization, be held in trust, and if the organization is not completed within one year as hereinafter provided, returned to said applicants. The Insurance Commissioner may make such examination and require such further information as he deems advisable, and, upon presentation of satisfactory evidence that the society has complied with all the provisions of law, he shall issue to such society a certificate to that effect. Such

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certificate shall be prima facie evidence of the existence of such society at the date of such certificate. The Insurance Commissioner shall cause a record of such certificate to be made and a certified copy of such record may be given in evidence with like effect as the original certificate. No preliminary certificate granted under the provisions of this section shall be valid after one year from its date or after such further period, not exceeding one year, as may be authorized by the Insurance Commissioner, upon cause shown; unless the five hundred applicants herein required have been secured and the organization has been completed as herein provided; and the articles of incorporation and all proceedings thereunder shall become null and void in one year from the date of said preliminary certificate, or at the expiration of said extended period, unless such society shall have completed its organization and commenced business as herein provided. When any domestic society shall have discontinued business for the period of one year, or has less than four hundred members, its charter shall become null and void. Charter, when void. Every such society shall have the power to make a constitution and by laws for the government of the society, the admission of its members, the management of its affairs and the fixing and readjusting of the rates of contribution of its members from time to time; and it shall have the power to change, alter, add to or amend such constitution and by-laws and shall have such other powers as are necessary and incidental to carry into effect the objects and purposes of the society. Power to adopt constitution and by-laws. SEC. 13. Powers RetainedReincorporationAmendments. Any society now engaged in transacting business in this State may exercise, after the passage of this Act all of the rights conferred thereby, and all of the rights, powers and privileges now exercised or possessed by it under its charter or articles of incorporation not inconsistent with this Act, if incorporated; or, if it be a voluntary association, Societies already in business, rights of.

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such society to do business in this State until the first day of the succeeding April, and such license shall, upon compliance with the provisions of this Act, be renewed annually, but in all cases, to terminate on the first day of the succeeding April; provided, however, that license shall continue in full force and effect until the new license be issued or specifically refused. Any foreign society desiring admission to this State, shall have the qualifications required of domestic societies organized under this Act, upon a valuation by any one of the standards authorized in Sec. 23-A, of this Act, and have its assets invested as required by the laws of the State, territory, district, country, or province where it is organized. For each such license or renewal the society shall pay the commissioner twenty dollars. When the commissioner refuses to license any society, or revokes its authority to do business in this State, he shall reduce his ruling, order or decision to writing and file the same in his office, and shall furnish a copy thereof together with a statement of his reason, to the officers of the society, upon request, and the action of the Commissioner shall be reviewable by proper proceedings in any court of competent jurisdiction within the State; provided, however, that nothing contained in this or the preceding section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this State during the time such society was legally authorized to transact business herein. Payment for license or renewal. SEC. 17. (Power of Attorney and Service of Process.) Every society, whether domestic or foreign, now transacting business in this State shall, within thirty days after the passage of this Act, and every such society hereafter applying for admission, shall, before being licensed, appoint in writing the Insurance Commissioner and his successors in office to be its true and lawful attorney, upon whom all legal process in any action or proceeding against it shall be served, and in such writing shall agree that any lawful

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process against it which is served upon such attorney shall be of the same legal force and validity as if served upon the society and that the authority shall continue in force so long as any liability remains outstanding in this State. Service of process, etc. Copies of such appointment, certified by said Insurance Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service shall only be made upon such attorney, must be made in duplicate upon the Insurance Commissioner, or in his absence upon the person in charge of his office, and shall be deemed sufficient service upon such society; provided, however, that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society. When legal process against any such society is served upon said Insurance Commissioner he shall forthwith forward by registered mail one of the duplicate copies prepaid and directed to its secretary or corresponding officer. Legal process shall not be served upon any such society except in the manner provided herein. SEC. 18. (Place of MeetingLocation of Office.) Any domestic society may provide that the meetings of its legislative or governing body may be held in any State, district, province, or territory wherein such society has subordinate branches, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this State; but its principal office shall be located in this State. Meetings, place of. SEC. 19. (No Personal Liability.) Officers and members of the supreme, grand or any subordinate body of any such incorporated society shall not be individually liable for the payment of any disability or death benefit provided for in the laws and agreements of such society; but the same shall be payable only out of the funds of such society and in the manner provided by its laws. No personal liability.

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separate and apart from all other benefits and expense funds, and the valuation of all other business of the society; provided, that where a combined contribution table is used by a society for both death and permanent total disability benefits, the valuation shall be according to tables of reliable experience and in such case a separation of the funds shall not be required. The valuation herein provided for shall not be considered or regarded as a test of the financial solvency of the society, but each society shall be held to be legally solvent so long as the funds in its possession are equal to or in excess of its matured liabilities. Beginning with the year 1914 a report of such valuation and an explanation of the facts concerning the conditions of the society thereby disclosed shall be printed and mailed to each beneficiary member of the society not later than June 1st, of each year; or in lieu thereof, such report of valuation and showing of the society's condition as thereby disclosed may be published in the society's official paper and the issue containing the same mailed to each beneficiary member of the society. The laws of such society shall provide that if the stated periodical contributions of the members are insufficient to pay all matured death and disability claims in full, and to provide for the creation and maintenance of the funds required by its laws, additional, increased or extra rates of contributions shall be collected from the members to meet such deficiency; and such laws may provide that, upon the written application or consent of the member, his certificate may be charged with its proportion of any deficiency disclosed by valuation, with interest not exceeding five per centum per annum. SEC. 23-A. (Provisions to Insure Future Security.) If the valuation of the certificates, as hereinbefore provided, on December 31st 1917, shall show that the present value of future net contributions, together with the admitted assets is less than the present value of the promised benefits, and accrued liabilities, such society shall thereafter maintain

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said financial condition at each succeeding triennial valuation in respect of the degree of deficiency, as shown in the valuation as of December 31st, 1917. If at any succeeding triennial valuation such society does not show at least the same condition, the commissioner shall direct that it thereafter comply with the requirements herein specified. If the next succeeding triennial valuation after the receipt of such notice shall show that the society has failed to maintain the condition required herein, the commissioner may, in the absence of good cause shown for such failure, institute proceedings for the dissolution of such society, in accordance with the provisions of Section 24 of this Act, or in the case of a foreign society, its license may be cancelled in the manner provided in this Act. Future security. Any such society shown by any triennial valuation subsequent to December 31st, 1917, not to have maintained the condition herein required, shall, within two years thereafter, make such improvement as to show a percentage of deficiency not greater than as of December 31st, 1917, or thereafter as to all new members admitted, be subject, so far as stated rates of contribution are concerned, to the provisions of Section 12 of this Act, applicable in the organization of new societies; provided that the net mortuary or beneficiary contributions and funds of such new members shall be kept separate and apart from the other funds of the society. If such required improvement is not shown by the succeeding triennial valuation, then the said new members may be placed in a separate class and their certificates valued as an independent society in respect of contributions and funds. SEC. 23-B. In lieu of the requirements of Sections 23 and 23-A, any society accepting in its laws the provisions of this section may value its certificates on a basis, herein designated accumulation basis by crediting each member with the net amount contributed for each year and with interest at approximately the net rate earned, and by charging him with his share of the losses for each year, Valuation of certificates.

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reserve or from increased contributions or by an increase in the number of assessments applied to the society as a whole or to classes of members as may be specified in its laws. Savings from a lower amount of death losses may be returned in like manner as may be specified in its laws. If the laws of the society so provide, the assets representing the reserves of any separate class of members may be carried separately for such class so set apart, as if in an independent society, and the required reserve accumulation of such class so set apart shall not thereafter be mingled with the assets of other classes of the society. A table showing the credits to individual members for each age and year of entry and showing opposite each credit the tabular reserve required on the whole life or other plan of insurance specified in the contract, according to assumptions for mortality and interest recognized by the law of this State and adopted by the society, shall be filed by the society with each annual report, and also be furnished to each member before July 1st of each year. Table to be filed. In lieu of the aforesaid statement there may be furnished to each member within the same time a statement giving the credit for such member, and giving the tabular reserve and level rate required for a transfer carrying out the plan of insurance specified in the contract. No table or statement need be made or furnished where the reserves are maintained on the tabular basis. For this purpose, individual bookkeeping accounts for each member shall not be required, and all calculations may be made by actuarial methods. Nothing herein contained shall prevent the maintenance of such surplus over and above the credits on the accumulation basis and the reserves on the tabular basis as the society may provide by or pursuant to its laws, nor be construed as giving to the individual member any right or claim to any such reserve or credit other than in manner as expressed in the contract and its laws, nor as making any such reserve or credits a liability in determining the legal solvency of the society.

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SEC. 24. (Examination of Domestic Societies)The Insurance Commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society. He may employ assistants for the purpose of such examination, and he, or any person he may apoint, shall have free access to all the books, papers and documents that relate to the business of the society and may summon and qualify as witness under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and conditions of the society. The expense of such examination shall be paid by the society examined, upon statement furnished by the Insurance Commissioner, and the examination shall be made at least once in three years. Examination by Insurance Commissioner. Whenever, after examination, the Insurance Commissioner is satisfied that any domestic society has failed to comply with any provisions of this Act, or is exceeding its powers, or is not carrying out its contracts in good faith, or is transacting business fraudulently; or whenever any domestic society, after the existence of one year or more, shall have a membership of less than 400 (or shall determine to discontinue business), the Insurance Commissioner may present the facts relating thereto to the attorney general, who shall, if he deem the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction, and such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that such society shall be closed, said society shall be enjoined from carrying on any further business, and some person shall be appointed receiver of such society, and shall proceed at once to take possession of the books, papers, moneys and other assets of the society and shall forthwith, under the direction of the court, proceed to close the affairs of the society and distribute its funds to those entitled thereto. Proceedings by Attorney-General. No such proceedings shall be commenced by the attorney general against any such society until after notice has been duly served on the chief executive officers of the

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society and a reasonable opportunity given to it, on a date to be named in said notice, to show cause why such proceedings should not be commenced. SEC. 25. (Application for Receiver, etc.)No application for injunction against or proceedings for the dissolution of or the appointment of a receiver for any such domestic society or branch thereof shall be entertained by any court in this State unless the same is made by the attorney general. Receivership, etc. SEC. 26. (Examination of Foreign Societies.)The Insurance Commissioner, or any person whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in this State. The said commissioner may employ assistants, and he, or any person he may appoint, shall have free access to all the books, papers and documents that relate to the business of the society, and may summon and qualify as witness under oath and examine its officers, agents and employees and other persons in relation to the affairs, transactions and conditions of the society. He may, in his discretion, accept in lieu of such examination the examination of the Insurance Department of the State, territory, district, province or country where such society is organized. The actual expenses of examiners making any such examination shall be paid by the society upon the statement furnished by the Insurance Commissioner. Foreign societies, examination of. If any such society or its officers refuse to submit to such examination or to comply with the provisions of the section relative thereto, the authority of such society to write new business in this State shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this State. SEC. 27. (No Adverse Publications)Pending, during or after an examination or investigations of any such society, either domestic or foreign, the Insurance Commissioner

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shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affecting the status, standing or rights of any such society, until a copy thereof shall have been served upon such society, at its home office, nor until such society shall have been afforded a reasonable opportunity to answer any such financial statement, report or finding and to make such showing in connection therewith as it may desire. Publications. SEC. 28. (Revocation of License.)When the Insurance Commissioner, on investigation, is satisfied that any foreign society transacting business under this Act has exceeded its powers, or has failed to comply with any provisions of this Act, or is conducting business fraudulently, or is not carrying out its contracts in good faith, he shall notify the society of his findings, and state in writing the grounds of his dissatisfaction, and after reasonable notice require said society, on a date named, to show cause why its license should not be revoked. If on the date named in said notice such objections have not been removed to the satisfaction of the said commissioner, or the society does not present good and sufficient reasons why its authority to transact business in this State should not at that time be revoked, he may revoke the authority of the society to continue business in this State. All decisions and findings of the commissioner made under the provisions of this section may be reviewed by proper proceedings in any court of competent jurisdiction, as provided in Section 16 of this Act. Revocation of license. SEC. 29. (Exemption of Certain Societies.)Nothing contained in this Act shall be construed to effect or apply to grand or subordinate lodges of Masons, Odd Fellows or Knights of Pythias (exclusive of the insurance department of the Supreme Lodge, Knights of Pythias), and the Junior Order of United American Mechanics (exclusive of the beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics), or societies which limit their membership to any one hazardous

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occupation, nor to similar societies which [Illegible Text] [Illegible Text] [Illegible Text] insurance certificates, nor to an association [Illegible Text] [Illegible Text] [Illegible Text] of a society now doing business in this State [Illegible Text] [Illegible Text] death benefits not exceeding five hundred [Illegible Text] [Illegible Text] [Illegible Text] one person or disability benefits not exceeding [Illegible Text] [Illegible Text] dollars, in any one year to any one person [Illegible Text] [Illegible Text] nor to any contracts of reinsurance business on such plan in this State, nor to domestic societies which limit [Illegible Text] membership to the employees of a particular city or [Illegible Text] designated firm, business house or corporation, nor to [Illegible Text] lodges, orders or associations of a purely religious, charitable and benevolent description, which do not provide for a death benefit of more than one hundred [Illegible Text] or for disability benefits of more than one hundred [Illegible Text] fifty dollars to any one person in any one year. The [Illegible Text] Commissioner may require from any society such information as will enable him to determine whether such society is exempt from the provisions of this Act. Societies exempt from this Act. Any fraternal benefit society heretofore organized and incorporated and operating within the definition set forth in Sections 1, 2 and 3 of this Act, providing for benefits in case of death or disability resulting solely from accidents, but which does not obligate itself to pay death or sick benefits, may be licensed under the provisions of this Act and shall have all the privileges and shall be subject to all the provisions and regulations of this Act, except that the provisions of this Act requiring medical examinations, valuations, of benefit certificates, and that the certificates shall specify the amount of benefits, shall not apply to such society. SEC. 30. (Taxation.)Every fraternal benefit society organized or licensed under this Act is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every State, county, district, municipal and school tax, other than taxes on real estate and office equipment. Taxation, exemption from. SEC. 31. (Penalties.)Any person, officer, member or

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examining physician of any society authorized to do business under this Act who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any society transacting business under this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days, nor more than one year, or both, in the discretion of the court, and any person who shall wilfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall wilfully make any false statement in any verified report or declaration under oath required or authorized by this Act, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this State in relation to the crime of perjury. Penalties for violating this law. Any person who shall solicit membership for, or in any manner assist in procuring membership in any fraternal benefit society not licensed to do business in this State, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized as herein provided to do business as herein defined in this State, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. Any society, or any officer, agent or employee thereof neglecting or refusing to comply with, or violating any of the provisions of this Act, the penalty for which neglect, refusal or violation is not specified in this section, shall be fined not exceeding two hundred dollars upon conviction thereof. SEC. 32. The provisions of this bill shall not apply to

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fraternal benefit societies whose membership does not exceed five thousand members, and that all societies writing insurance for employees of the Federal government and public utilities companies shall come within the provisions of this Act. Not applied to what societies. SEC. 33. All such societies and organizations as are mentioned in this Act shall be subject to such rules and regulations as may be prescribed by the Insurance Commissioner of the State. Subject to rules and regulations. SEC. 34. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved August 17, 1914. FUGITIVES FROM JUSTICE, PAYMENT OF EXPENSES OF BRINGING BACK. No. 472. An Act to provide for payment by counties of the actual necessary expenses for bringing back fugitives from justice, who may have gone beyond the limits of the State to the county where the crime is committed. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That before any expenses shall be incurred by any officer or duly authorized agent of the State for bringing back to the county where the crime was committed any fugitive from the justice of this State who may be beyond the limits of the State, so as to become a charge upon any county where the crime was committed, the incurring of any such expense and the amount thereof shall be first authorized Expenses must be authorized before incurred.

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under provisions of this Act. Said county boards of health shall hold their regular sessions on the first Thursdays of January, April, July and October in the county court-house, and may also meet in extra session at any time for county health purposes, or when an emergency or necessity may require same. The members of said boards shall receive as their compensation the sum of two dollars per diem while actually engaged in the performance of the duties of said board out of the funds of said county appropriated for quarantine and sanitation. SEC. 3. Be it further enacted, That the following provisions of this Act embodied in Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall become operative in any county only after the recommendation of two successive grand juries, but on such recommendation it shall become obligatory on the county boards of health and the county boards of roads and revenues and, in counties having no such boards, upon the ordinary of said county to carry out the provisions of this Act. The operations of said sections of this Act shall likewise be suspended in any county upon the recommendation of two successive grand juries of said county. Grand juries to make provisions operative. SEC. 4. Be it further enacted, That for the purpose of carrying out the provisions of this Act the State shall be divided into sanitary districts, as follows: Each county shall constitute a sanitary district, except that two or more counties each having a population of less than thirty-seven thousand inhabitants, may be combined into one sanitary district; provided, that the total population of the counties so combined does not exceed seventy-five thousand inhabitants. Said combination of counties into a joint sanitary district shall be made by the State Board of Health upon the recommendation and consent of the county boards of health of the counties concerned. The last preceding United States decennial census shall be taken as a basis for computation of population in all cases under this Act. State sanitary districts.

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SEC. 5. Be it further enacted, That in every such sanitary district there shall be appointed a district commissioner of health for a term of four years. For a county district the appointing board shall be the county board of health, and for districts composed of more than one county the appointing board shall be composed of the boards of health of the counties composing said district, who shall meet in joint session for said purpose. The district commissioners of health shall be appointed from an eligible list furnished by the secretary of the State Board of Health. This list shall contain the names of those who have passed a satisfactory examination by hygiene and sanitation and State health laws, and certain books and reports may be prescribed by the examining board as the basis of such examinations. The secretary of the State Board of Health shall, with the aid of a committee from the State board examine all applicants for the position of district health commissioner under rules prescribed by the State board and the provisions of this Act, and he shall supervise the work of all district commissioners of health, and shall have the authority to suspend such commissioner for incompetency, wilful neglect of duty, immorality or the commission of a crime involving moral turpitude, with the right of appeal by the party so suspended to the State board, whose decision shall be final. No person shall be examined except a licensed physician, able bodied, [Illegible Text] and of good moral character. The examining board shall prepare a list of questions on the several subjects upon which the applicants shall be examined, and send the same to the county superintendents of education, under whose supervision the examinations shall be held. The applicant shall sign his examination paper by number, and in a sealed envelope accompanying said paper shall give his name and the number he has adopted, so that his name shall not be known until after the board of examiners shall have passed upon the question of his admission or rejection. The board of examiners shall prescribe and fix a certain standard percentage for passing such examination; provided, that each person applying for examination shall

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be a resident of the State, and shall pay in advance to the secretary of the State Board of Health the sum of five dollars as an examination fee. All such fees shall be covered into the general fund of the State. Each person passing such examination shall be entitled to a certificate signed by the secretary of the State Board of Health, under the seal of the State Board of Health, which shall be conclusive of the facts stated herein as to such examination and qualifications. The said secretary of the State Board of Health shall, as soon as the results of an examination have been arrived at, file a copy thereof in his office showing the persons who have been passed, and at the same time send by mail a complete list of those who have passed to the chairman of each county board of health within the State. Regular examinations shall be held by the board in the months of October and April of each year; and especial examinations may be held by the secretary of the State Board of Health to fill vacancies, and he may issue a certificate which will hold good until the next regular examination. No examination fee shall be required of one holding a temporary certificate, provided same was paid at the time of standing the special examination. District commissioner of health. How selected. Examination of applicants. SEC. 6. Be it further enacted, That the various appointing boards herein authorized and designated shall meet on the first Thursday in January, 1915, and every four years thereafter to perform the duties herein prescribed. They shall on such day or on any adjourned day when necessary select from the list of eligible candidates who have passed any of the examinations herein provided for, and appoint a health commissioner for the districts over which jurisdiction is conferred upon them. Such commissioners shall hold office until their successors are appointed and qualified, unless sooner removed, as provided herein. The appointing boards shall fix the salaries of said officers as hereinafter provided. In case a vacancy arises in such office before the expiration of the term, the appointing board for such district shall meet within ten days thereafter on the call of the chairman of said board, or of any two members thereof, and shall fill said vacancy in

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the same manner as is herein prescribed for regular appointments. Any person so appointed to fill a vacancy shall hold office for the remainder of the term, and until his successor is appointed and qualified. Each health commissioner appointed shall file his acceptance and his constitutional oath of office with the ordinary of the county in the county districts, and with the ordinary of the county having the larger population in the case of sanitary districts consisting of more than one county. Each commissioner shall be required to give bond in the penal sum of one thousand dollars, conditioned for the faithful performance of his duties, which bond shall be filed with the same person, as prescribed for the filing of the oath of office. Such acceptance, oath of office and bond shall be filed and approved by the person receiving same within ten days after such appointment shall have been made. Meetings of boards. Salaries, how fixed. Vacancies. Oath of office. Bond required. SEC. 7. Be it further enacted, That such commissioner shall give his entire time to the duties of his office and shall not engage in private medical practice, or actively in any other line of business. They shall possess the statutory powers of a constable within the district for which appointed in all matters pertaining to public health and in enforcement of the health laws. They are hereby declared to be officers of the State and may be removed for malfeasance, misfeasance or nonfeasance in office and for incompetency. When a district commissioner of health is suspended by the secretary of the State Board of Health, as hereinbefore provided, the appointing board for said district shall appoint a successor to such person until he is restored by law, or until his successor is appointed and qualified, and the person so appointed to fill said vacancy shall take the oath and give the bond required by law of the regular incumbent. Commissioner to give all his time. Is a State officer. SEC. 8. Be it further enacted, That in sanitary districts composed of one or more counties the commissioner of health shall receive from the county or counties a salary, to be fixed by the county board of health, or by the boards of health of the counties composing the sanitary district,

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as the case may be, in the sum of not less than twelve hundred dollars per annum. The salaries herein provided for shall be paid out of any fund of the county appropriated therefor, and in the same manner as the salaries of other officers. It shall be the duty of the board of health of each county, at its regular January session, after compliance with the provisions of Section 5, and each January session thereafter, to determine and fix the sum necessary to meet the requirements of this Act, and they shall certify to the board of county commissioners of roads and revenues, or to the ordinary of the county in counties having no such board, the amount so fixed upon and assessed for the purposes of sanitation and quarantine for said county, and said taxing authority of said county shall levy such tax at the time and in the same manner as is now prescribed for levying taxes for other county purposes. In districts composed of more than one county, the appointing board shall prorate the salary so fixed among the several counties comprised in such districts according to population. It shall thereupon be the duty of each county to contribute its portion of such salary to the commissioner of health, and it shall be paid out of the sum appropriated therefor and in the same manner as the salaries of other county officers are paid. Salary. Levy of tax. SEC. 9. Be it further enacted, That in each sanitary district there shall be an annual appropriation of not less than five hundred dollars for the office and traveling expenses of the commissioner of health for carrying out the purposes of this Act. This sum shall be in addition to office rent where necessary; provided, that in sanitary districts comprised of more than one county, each county shall contribute not less than two hundred and fifty dollars toward the expenses of such commissioner, not including office rent where necessary. The expense fund herein provided for shall in all cases be paid to such commissioner on the first secular day of each month, in accordance with an estimate to be filed by the commissioner with the treasurer of the county at the end of each preceding month.

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All expenditures made by the commissioners of health shall be submitted in detail at the end of each month to the county board of health of the county or counties composing said district, as the case may be. It shall be the duty of the county board of health to assess an amount sufficient to carry out the provisions of this Act and certify the same to the taxing authority of said county, as aforesaid, and such taxing authority shall levy a tax for said purposes as aforesaid, and in the absence of an appropriation made therefor, the salaries and expenses provided for herein shall be paid out of the general funds of such county not otherwise appropriated. Annual appropriation for expenses. Levy of tax. SEC. 10. Be it further enacted, That each county shall provide suitable quarters for the district commissioner of health, either in the county court-house or in rooms rented for such purposes. In sanitary districts composed of more than one county, each county shall provide quarters for said commissioner, but the commissioner may select any one of the county seats for his permanent office, which he may equip out of district funds provided therefor. commisioner's office in court house. SEC. 11. Be it further enacted, That it shall be the duty of the district commissioner of health to be vigilant in the work of disease prevention, and the conservation of public health, and to enforce all health laws of the State and health ordinances of their respective localities, together with the rules and orders of the State Board of Health. They shall make such sanitary inspections and surveys of their districts as may be required from time to time by the State Board of Health, or by the county boards of health. They are herely authorized and invested with the power to enter upon and inspect private property at proper times in regard to the possible presence, source or cause of disease, to establish quarantine and in connection therewith to order what is reasonable and necessary for the prevention and suppression of disease, to close schools, churches, theaters or any place of public assemblage, forbid public gatherings in order to prevent or stay epidemics, and to this end may call in the aid of the sheriff and constables of the

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county, or the police of any town or city, who shall in such cases render him all needed assistance; they shall collect statistics concerning insanity, feeble-mindedness, tuberculosis and other infectious diseases; they shall inspect hotels, inns, railway trains, street cars, depots, boats and ships, and also all places where food is sold, and shall see that all laws pertaining to infectious and contagious diseases are properly enforced. They shall inspect at least once every six months and make a sanitary survey of all public buildings and institutions in their respective jurisdictions, and shall see that all health laws are properly enforced therein, particularly in jails, guard-houses, chaingangs, and other places of detention, and also shall keep a report thereof as part of the records of their office, and shall also file a similar report with the secretary of the State Board of Health. They shall at least once every school year inspect and make a sanitary survey of the buildings, grounds and the water supply of every school within their jurisdiction, and shall have power to close any school when the sanitary conditions are such as to endanger or imperil the health or life of the pupils attending same. They shall also examine the teachers and janitors for infectious and contagious diseases, and shall also examine each pupil, in the presence of a teacher or nurse, for infectious and contagious diseases and for intestinal parasites, and for defects of eye, ear, nose, throat, lungs, teeth and other physical defects, and shall make a report of such inspection and examination to the State Board of Health, to the county board of health, and in case of incorporated towns and cities to the school board of such municipality, and in case of a pupil also to the parent or guardian. Said commissioner shall deliver one or more lectures to the pupils of each school in his district at least once every school year, and such other lectures as may be requested by the county board of health. Said lectures shall be upon infectious and contagious diseases, the part played by mosquitoes, flies and other insects carrying or transmitting diseases, and on general matters of health and sanitation, and upon such other subjects as may be prescribed by the State Board of

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Health or by the county boards. They shall make a monthly report of the work done by them, in such narrative or tabulated form as may be required to the county boards of health and to the State Board of Health. A permanent record of all work done in each county shall be kept by the district commissioner of health in form books prescribed by the State Board of Health, which book shall be open to public inspection and shall be delivered by him to his successor in office. A separate record book shall be kept in each county of the work done in that county. Duties of district commissioner. Inspections, statistics, etc. Lectures. SEC. 12. Be it further enacted, That in sanitary districts composed of more than one county the district commissioner of health shall have in each county the same power, authority and duties as the commissioner of health in single county sanitary districts. In such districts the district commissioner of health shall divide his time in proper ratio among the counties comprising said district. Every commissioner of health appointed under the provisions of this Act shall at all times keep himself within reach of telephone and telegraph service where possible, and shall respond without delay to the calls or orders of the secretary of the State board or local boards of health or health officers, when his assistance is required. Powers. SEC. 13. Be it further enacted, That the provisions of this Act shall not be held to be inconsistent with the present laws relating to the appointment and qualification of the city and town health officers in the cities and towns of this State. But the district commissioner of health shall be deemed to be the supreme authority on all matters affecting the public health of his district, not inconsistent with the authority granted to the State Board of Health. Any town or city, regardless of population, may have a health organization, as provided in its charter, in addition to the district commissioner of health herein provided for. otherwise, all Acts or parts of Acts inconsistent herewith are hereby repealed. Law construed. SEC. 14. Be it further enacted, That the county boards

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of health, or district boards of health may employ as many deputy commissioners of health as they may deem necessary to serve the best interests of their county or district, and may also employ visiting nurses to aid them in the examination of school children and to instruct parents in matters pertaining to their children, and to perform such other duties as may be required of them by said board. This section shall be so construed as to allow any county, whether in a single county sanitary district, or in a joint sanitary district, to exercise all the rights and powers granted in this section. Deputy commissioners and nurses. Section construed. SEC. 15.Be it further enacted, That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1914. HEALTH RULES AND REGULATIONS TOUCHING FOOD. No. 454. An Act relating to the public health, authorizing and [Illegible Text] the Department of Agriculture to make and publish sanitary rules and regulations, and providing penalties for their violation. SECTION 1. Be it enacted by the Legislature of the State of Georgia, That every place occupied or used for the preparation for sale, manufacture, packing, storage, sale or distribution of any food shall be properly lighted, drained, ventilated, screened and conducted with strict regard to the influence of such conditions upon the health of operatives, employees, clerks or other persons therein

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employed, and the purity and wholesomeness of the foods therein produced. Sanitation of food places. SEC. 2. Be it further enacted, That the Commissioner of Agriculture, State Veterinarian and State Chemist are hereby authorized and directed to make and cause to be published such sanitary rules and regulations as are necessary in food inspection and to carry out the provisions of this Act, and any person, or persons or associations violating the provisions of this Act, or any of the rules and regulations made or published under the provisions of this Act, shall upon conviction be fined in a sum not exceeding one hundred dollars. State officers to make rules, etc. Penalty for violation. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. INSURANCE COMPANIES, PREREQUISITE TO RECEIVERSHIP FOR. No. 439. An Act to amend an Act approved August 19th, 1912, establishing the Insurance Department of this State, and for other purposes, published in the Georgia Laws of 1912, pages 119-143, inclusive, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act approved August 19th, 1912, and published in Georgia Laws, 1912, pages 119 to 143, inclusive, providing for the establishment of the Department of Insurance in this State, and for other purposes, under the following title: Insurance, Department of, Established, No. 628; An

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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 for the sale of stock in such companies and the general management and conduct of such companies; to require bond 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, be amended by adding thereto an additional section to be known as Section 29A and to follow Section 29, of said Act, as now existing, said additional section to read as follows: Act of 1912 amended by adding a section. Section 29A. Before any insurance company chartered under the laws of this State or doing business in this State shall hereafter be put in the hands of receiver by any court of equity in this State, upon any claim or demand not in judgment, it must first appear that the cause of complaint and the matters and grounds upon which the receivership is sought have been submitted, by the complainant to the Insurance Commissioner of this State, and that such complaint of the complainant and the matters charged against such insurance company have been passed upon by the Insurance Commissioner sitting in connection with the Governor and the Attorney General in the manner hereinafter provided, to-wit: The Insurance Commissioner, the Governor and the Attorney General sitting as a board as provided in Section 5, of said Act of August 19th, 1912, shall, upon such matters and complaint as referred to previously in this section, being filed with the Insurance Commissioner, proceed to hear the same after giving both the complainant and the insurance company in question, opportunity to be heard, ample and legal time, however, being

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given for the production of such evidence as either party may deem necessary. During the pendency of such proceedings, the Insurance Commissioner shall order the company and its officers to maintain the assets in statu quo. Upon hearing same, said commission, or a majority of them, shall render a decision and judgment recommending or declining to recommend that the commissioner make application, in accordance with the foregoing Section 29, for an order directing the company to show cause why the commissioner should not take possession of its property and conduct its business. No receiver for an insurance company doing business in this State shall be appointed on the petition of any person other than the Insurance Commissioner, unless it be made to appear to the court where application for such appointment is made, that the Insurance Commissioner has failed or refused to comply and proceed with the findings of said board. Receiver, showing before appointment of. Insurance Commissioner, etc. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1914. LEGISLATIVE REFERENCE BUREAU IN STATE LIBRARY. No. 397. An Act to establish a Legislative Reference Department in connection with the State Library and to provide for the maintenance 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 there shall be established and conducted in connection with the State Library under the direction of the State Librarian, a Legislative Reference Department. The

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object of said department shall be to gather and to make available such information as shall aid the members of the Legislature and the several State departments in the discharge of their duties and to serve such other citizens as may desire to consult same. Said department shall collect, arrange, classify and index books, pamphlets and other material relating to legislation; shall prepare abstracts of laws of other States and countries, and shall make such indexes of the legislative and administrative records of this State, both current and past, as to make access and reference thereto easy and sure. Establishment of bureau for legislative reference. SEC. 2. Be it further enacted by the authority aforesaid, That to carry out the provisions of this Act the State Librarian be hereby authorized and empowered to designate the second assistant librarian, who shall be known as Legislative Reference Librarian, to have charge of the work of said department, and to perform such other duties in connection with the general work of the State Library as the State Librarian may direct. The salary of said assistant shall be $200 per year, payable quarterly, in addition to the $1,000 per year now provided for the second assistant librarian. Second assistant librarian in charge. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That the State Librarian shall be empowered to incur such expenses in addition to salary as may be necessary in the proper administration of the department for extra clerk hire and supplies, not exceeding $1,000 annually. Limit of expense. SEC. 4. Be it further enacted by the authority aforesaid, That the sum of $1,650 is hereby appropriated for the purpose of carrying out the provisions of this Act for the remainder of the year 1914 and the year 1915. Appropriation. 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 12, 1914.

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ORDINARIES' FEES FOR PENSION WORK. No. 506. An Act to provide for the payment of the fees now fixed by law for the ordinaries of the State in connection with the pension work, to repeal conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of January, 1915, the fee of one dollar now fixed by law, Section 1511, 2nd Vol., New Code of Georgia, shall be paid by the State of Georgia upon a warrant of the Governor, granted on the requisition of the Commissioner of Pensions, to which he shall attach a certified statement showing the amount due to the ordinary of each county, after he has made a full and complete settlement of the pension rolls for each year. Payment of fees, how obtained. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 17, 1914. QUARTERMASTER-GENERAL'S OFFICE ABOLISHED. No. 465. An Act to amend the Act approved August 22, 1907, entitled An Act to conform the organization and discipline of the organized militia of this State to the requirements of the Act of Congress, etc., so as to strike from Section 2 of said Act the words quartermaster-general wherever they occur in said section, and so as to repeal Section 4 of said Act, and so as to impose upon

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the adjutant-general the duties heretofore required under the terms of said Act to be performed by the quartermaster-general, amending Code, Sections 1361, 1362, 1363, 1367 and 1381, so as to abolish the office of quartermaster-general, and require the duties of said office to be performed by the adjutant-general, to repeal existing laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2 of the Act approved August 22, 1907, entitled An Act to conform the organization and discipline of the organized militia of this State to the requirements of the Act of Congress entitled `An Act to promote the efficiency of the militia and for other purposes,' approved January 21, 1903, and in pursuance thereof to repeal an Act of the general Assembly of this State entitled `An Act to confer on the senior colonel of the line in the Georgia State troops the rank and title of brevet brigadier-general, and for other purposes,' approved August 11, 1904, and to repeal Section 15 of an Act of the General Assembly of this State, entitled `An Act to reorganize the military forces of this State, to adopt and make of force a military code, and to provide penalties for the violation thereof; to repeal all laws referring to the military forces not herein re-enacted, and for other purposes,' approved August 22, 1905, and for other purposes, be and the same is hereby amended by striking from said section after the words one adjutant-general, who shall each have the rank of brigadier-general, the words and one quartermaster-general, and by striking from said section, between the words, and such assistants to the adjutant-general and as in the discretion of the Governor may be necessary, the words and to the quartermaster-general, so that said section when amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the military staff of the Governor shall consist of one adjutant-general, who shall have the rank of brigadier-general; one aide-de-camp, who shall have the rank of colonel, and twenty-nine aides-de-camp,

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who shall have the rank of lieutenant-colonel, to be appointed or detailed by the Governor, and no person shall be eligible to the appointment or detail unless he shall have served in the Confederate army or not less than five years in the United States army, or unless he shall be a retired officer or retired member of the National Guard of Georgia, or an active member thereof, who has served not less than five years, and such assistants to the adjutant-general as in the discretion of the Governor may be necessary, all of which officers, except aides-de-camp, shall be appointed or detailed by the Governor from the officers of the national Guard of Georgia, and when serving by detail they shall have all the rights and privileges of the increased rank, but shall not forfeit their regular commissions in the National Guard; all such officers being subject to the examination now provided by law, and such officers to hold office during the pleasure of the Governor, but their commissions shall expire with the term of office of the Governor appointing them. Act of 1907 amended. To be read as amended. SEC. 2. Be it further enacted that Section four (4) of said Act be, and the same is, hereby repealed. SEC. 3. Be it further enacted, That the duties heretofore imposed by said Section four (4), which is hereby repealed, upon the quartermaster-general, shall from and after the passage of this Act be performed by the adjustant-general and his assistants. Office of Quartermaster-General abolished. SEC. 4. Be it further enacted, That this Act being intended to amend said Act, approved August 22, 1907, as codified as Paragraphs 1361, 1362, 1363, 1367 and 1381, of the Code of 1911. Intention to amend Code sections. It is further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and are hereby repealed. Approved August 15, 1914.

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POLICE FOR COUNTIES AUTHORIZED. No. 469. An Act to authorize the counties of this State, having any number of population, to elect or appoint county police, to levy a tax for the expense thereof, and to define the duties of such police, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county commissioners of the counties of this State, having any number of population (or the ordinaries of such counties having no commissioners), shall have and are hereby given authority, in their discretion, to elect or appoint county police; said police to consist of such number of men of good character, not under twenty-one years of age, as such county commissioners or ordinaries shall, in their discretion, elect or appoint as aforesaid. Policemen of good character to be appointed. SEC. 2. Be it further enacted enacted by the authority aforesaid, That said county commissioners or ordinaries shall fix the salaries of said county police; and the same, together with expense of maintaining said county police, shall be paid out of the county treasury, and to that end the said county commissioners or ordinaries are hereby authorized and empowered to levy such tax as may be necessary to pay said salaries, and such expense over and above the sums for which they are now authorized to levy a tax. Salaries and expense. Levy of tax. SEC. 3. Be it further enacted by the authority aforesaid, That said county police shall each of them have under the direction and control of the commissioners or ordinaries the same power to make arrests, and to [Illegible Text] and return all criminal warrants and processes, as sheriffs of this State now have, and shall, under the same directions and authority, have all the powers of sheriffs as peace officers in the county of their election or appointment. Powers of policemen defined.

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SEC. 4. Be it further enacted by the authority aforesaid, That the said county police shall also, under the direction of said county commissioners or ordinaries, perform the duty of inspecting all the roads and bridges of the county, and shall, under such direction, report from time to time, the conditions of the roads and bridges of said counties. Duties of inspecting roads and bridges. SEC. 5. Be it further enacted by the authority aforesaid, That the said county commissioners or ordinaries shall, upon election or appointment of county police, make rules and regulations for the conduct, management and control of said county police; and shall, from time to time, enlarge, modify or change such rules and regulations as their discretion may dictate. Rules for conduct of policemen. SEC. 6. Be it further enacted by the authority aforesaid, That upon the election of such county police each of them shall enter into a good and solvent bond, in a sum not less than one thousand dollars, to be fixed by said commissioners or ordinaries, conditioned for the faithful performance of all their duties; and any one injured or damaged by any one of said county police may bring suit upon his bond in his or her name, or in the name of the commissioners or ordinaries, for his or her benefit or use. Bond may be sued on by any one damaged. SEC. 7. Be it further enacted by the authority aforesaid, That the terms for which said county police shall be elected or appointed shall be left to the discretion of the commissioners or ordinaries and such county police, or any member thereof, may be removed from office at any time at the will of the commissioners or ordinaries, with or without cause. Terms of office not fixed. Removal. 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 17, 1914.

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RAILROAD COMPANIES AUTHORIZED TO RELOCATE TRACKS, ETC. No. 470. An Act to authorize and empower railroad companies owning or operating, or which may hereafter own or operate a railroad or any part thereof in the State of Georgia to better and improve their lines of railroad by the relocation of their track or tracks, the construction of additional tracks and terminal facilities, the elimination of curves and grades, the filling of trestles or the widening of cuts, the establishment of new and better depots, tracks and terminal facilities, and the construction of tracks connecting two or more lines of railroad operated by the same company, and to acquire by purchase or condemnation such real estate as may be necessary and proper for such purposes, subject to the approval of the railroad commission. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That from and after the passage of this Act, any railroad company owning or operating, or which may hereafter own or operate a railroad or any part thereof, in this State, whether such company be chartered under the laws of the State of Georgia or under the laws of any other State or States, be and it is hereby authorized and empowered to reconstruct its lines or tracks, or any of them, to build one or more additional main tracks, and to relocate any line or lines or portions of a line or lines, and to build embankments for the purpose of avoiding trestles upon which such railroads may be constructed, or to widen cuts where necessary for proper construction or maintenance; to build and maintain such additional depots, tracks and terminal facilities as may be necessary for the proper accommodation of the business of the company; to construct, maintain and operate tracks for the purpose of connecting two or more lines of railroad operated by the same company not more than ten miles apart; provided, however, that under

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the provisions of this Act no railroad company shall be authorized to so change the location of an existing line as to leave off of the line of railroad to be operated by it any of the passenger or freight stations now existing under the same without the express approval of the railroad commission of this State, and provided further, that the right of condemnation under this Act shall not be exercised until the railroad commission of this State, under such rules of procedure as it may provide, shall first approve the taking of the property or right of way designated for the public use or uses desired. Authority to build, relocate, etc. Proviso. Approval of Railroad Commission. SEC. 2. Be it further enacted, That for the purpose mentioned in the foregoing section, authority and power are hereby granted to such railroad companies to acquire by purchase or gift, and to hold such real estate as may be necessary, and power and authority are also granted to such railroad companies to acquire such real estate as may be necessary for all of the purposes mentioned in the foregoing section, if the same cannot be acquired by purchase or gift, by condemnation in the manner provided in Sections 5206-5235, inclusive, Code of Georgia, 1911, Volume I, for the condemnation and taking of private property for public purposes. Power to acquire property. Condemnation. SEC. 3. Be it further enacted that the powers and authority conferred by this Act are in addition to the powers and authority which railroad companies may have by virtue of their charters, or by virtue of the general laws of this State, as they now exist. Powers are cumulative. 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, 1914.

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RECORD OF MAPS, SURVEYS, ETC., IN CERTAIN COUNTIES. No. 498. An Act to provide that in all counties of this State, now or hereafter having a population of not less than 11,000 and not more than 13,000, the clerks of the superior court thereof shall keep suitable books for the recordation of maps, plans, surveys, subdivisions and drawings of land, lot subdivisions and surveys, to provide means therefor, to make same books of public record and notice, 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 of this State now or hereafter having a population of not less than 11,000 and not more than 13,000, the clerks of the superior court thereof shall keep suitable books for the recordation of maps, plans, surveys, subdivisions and drawings of land, lot subdivisions and surveys, which book shall be kept in his custody as are other public county records, and shall be held and deemed public notice of the records therein kept. Act applies to certain counties only. Records of maps, plans, surveys, etc. SEC. 2. Be it further enacted, That the clerk shall index such maps, plans, drawings, surveys, or sub-divisions by reference thereto on the original deed book in which the deeds or conveyances referring to the same are recorded, and in case there be no deed making such reference, then by proper index on the general index for the recording of all instruments of the county. The record of all deeds, mortgages or other instruments to which maps, plans, drawings, specifications or surveys are attached shall upon a margin of such record indicate the book and page of record of such map, plan, drawing or survey, and the record in accordance with this Act of all maps, plans, drawings, sub-divisions or surveys attached to deeds, mortgages or other instruments, shall upon the margin of such record, indicate the volume and folio of the record of such deeds. Clerk to index on deed books.

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SEC. 3. Be it further enacted, That when such maps, plans, drawings, specifications or surveys shall thus be recorded, copies thereof certified in the same manner as copies of deeds are now certified, may be introduced in evidence in the courts of this State in the same manner as recorded deeds are now admissible in evidence. Certified copies as evidence. SEC. 4. Be it further enacted, That the proper county officials of each county shall furnish the clerk suitable map books at the expense of the county. Books at expense of county. SEC. 5. Be it further enacted, That the clerk of the superior court shall be authorized to charge for filing, indexing and recording each map, plan, drawing or survey, the sum of fifty cents. Fee for recording. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914. SHIPMENTS IN CARLOAD LOTS WITHOUT LICENSE TAX. No. 429. An Act to enable individuals to ship, in carload lots, goods or merchandise for individual use and distribution without the payment of a special or license tax as dealers. Be it enacted by the General Assembly of the State, and it is hereby enacted by authority of the same, That from and after the passage of this Act that any person or persons purchasing guano, meat, meal, flour, bran, cottonseed or cottonseed meal and hulls, in carload lots, where the bill of lading for such shipment is taken in the name of an individual and the freight paid pro rata by the owners of said goods or merchandise, that said goods or merchandise so procured for the individual use of such person or persons, who shall have had such shipment made as aforesaid,

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and not for sale by said individuals, shall, upon delivery of said car as aforesaid, and the surrender of said bill of lading, entitle said person or persons to apportion said shipment or shipments between themselves without the payment of a special or license tax to any public corporation or municipality as dealers or distributors of such goods or merchandise as aforesaid. Products included. Not for sale. Apportionment. No license 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 14, 1914. SLAUGHTER HOUSES, MEAT MARKETS, DAIRIES, ETC., INSPECTION AND STATISTICS. No. 474. An Act to provide for the inspection and supervision of slaughter houses, meat markets, meat, meat food products, dairies and dairy products; to provide for securing reliable statistics upon home production of meat and meat food supplies, milk and milk product supplies; providing penalties for violations of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act the State Veterinarian of the Department of Agriculture shall assume supervision and control over the sanitary conditions of all slaughter houses, meat and meat food products, dairies, milk depots, milk and its by-products in the State of Georgia, under the provisions of this Act, and such rules and regulations as shall be promulgated by him and approved by the Commissioner of Agriculture; provided, that no rule shall be adopted in the supervision of slaughter houses to prevent the carrying into and reception in such houses of cattle infected with ticks intended for

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slaughter except in counties where the work of tick eradication is in progress or where the work is completed and the county released from quarantine. As far as practical, the standards recognized and approved by the United States Department of Agriculture for such meat and meat food products, milk and milk food products shall be adopted. The necessary expense incurred in the enforcement of this Act shall be paid from the fees arising from the inspection of food. It shall be the duty of the State Veterinarian to employ competent assistants of unimpeachable character, reputation for integrity and fitness for service to carry into effect the provisions of this Act. The State Veterinarian shall annually render a detailed report to the Commissioner of Agriculture of conditions found upon inspection, and [Illegible Text] shall issue a statistical bulletin showing the conditions of the dairies and meat markets as far as they relate to the production of home supplies; such report may be published jointly with the report of the State pure food inspector and shall be published for free public distribution. State veterinarian supervises. Rules. Proviso. U. S. standards. Expense fees. Assistants. Annual report to be published. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person or persons, firm or corporation, to sell within this State or to have in his or their possession to sell within this State, for human food, the carcasses or parts of carcasses of any animal which has been slaughtered, prepared, handled or kept under unsanitary conditions, and unsanitary conditions shall be deemed to exist wherever and whenever any one or more of the following conditions appear or are found, to-wit.: Unlawful to sell certain meat for food. If the slaughter house is dilapidated or in a state of decay, if the floors or side walls are soaked with decaying blood or other animal matter, if efficient fly screens are not provided, if the drainage of the slaughter house or slaughter house yard is not efficient, if maggots or filthy pools or hog wallows exist in the slaughter house yard or under the slaughter house, if the water supply used in connection with the cleaning or preparing is not pure and unpolluted,

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if hogs are kept in the slaughter house yard or fed therein on animal offal, or if the odors of putrefaction plainly exist therein, if carcasses or parts of carcasses are transported from place to place when not covered with clean white cloths or if kept in unclean, bad smelling refrigerators, or if kept in unclean, bad smelling cold storage rooms. Unsanitary conditions. It shall be the duty of the State Veterinarian to install an adequate system of meat inspection at any time and in such places as public welfare may demand, under rules and regulations which shall provide ways and means for shipping home-grown and home-killed meats into any city in Georgia. As far as practical the rules established under this Act shall conform with the meat inspection requirements of the United States Bureau of Animal Industry, as far as practical conform to this Act and to the meat and milk inspection requirements of the United States Bureau of Animal Industry. Inspection of meat. SEC. 3. Be it further enacted by the authority aforesaid, That the State Veterinarian at such time as he may deem proper shall cause to be inspected all places where dairy products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and may require the correction of all unsanitary practices found therein. He may take samples anywhere of any dairy products or imitations thereof, and cause same to be sent to the State Chemist for analysis or bacteriological tests; such analyses or tests shall be recorded and preserved as evidence, and when sworn to by such chemist shall be prima facie evidence of guilt in all prosecutions under this Act. In the performance of their official duties the State Veterinarian or any duly accredited representative of his, acting for him, is hereby authorized and empowered to enter, during business hours, any slaughter house, meat market, dairy, creamery, butter and cheese factory, milk depot, or any other place or places where meat and meat food products, dairy and dairy products are sold or kept for sale, or any railroad cars, wagons, boats or other vehicles used in the transporting of such products. Inspection of dairies. Samples for analysis. Authority to enter.

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SEC. 4. Be it further enacted by the authority aforesaid, That the State Veterinarian shall devise some system by which accurate statistics regarding the home supply of meat and meat food products, dairies and dairy products can be correctly ascertained, and for that purpose he is authorized to require every owner, agent or manager of every public dairy, creamery, butter and cheese factory, milk depot and other places where dairy products are sold or kept for sale, to report annually on or before September 1st of each year ending July 1st, on blanks furnished by State Veterinarian, full and accurate information concerning the quantity of milk or cream bought, sold or used, the average price paid for same, the number of cows used in or contributing to the operation of such creameries, dairies or factories, and the number, name and address of the patrons of creameries, public dairies or milk depots, and the number of cows owned or milked by each said patron and the number of gallons of milk sold to such creamery, public dairy, milk depot and other milk-distributing places. In like manner record shall be kept of the slaughter of all animals in this State, and whether or not such animals originated in this State or were shipped here for slaughter, and the amount of dressed meat and meat food products shipped into this State annually. Statistics of home supply, etc. Failure on the part of any person, persons, firm or corporation to supply the State Veterinarian, without undue delay, with the true and correct information in regard to these statistics shall be a misdemeanor. Penalty for not supplying information. SEC. 5. Be it further enacted by the authority aforesaid, That nothing in this Act shall prevent the governing authority of any municipal corporation from enacting ordinances providing for the inspection of meat markets, meats and meat food products, dairies and dairy products sold within its limits, and to affix penalties for violation thereof, but no such ordinances shall conflict with any power or authority of the State Veterinarian or his subordinates. Municipalities not hindered. Ordinances not to conflict herewith. SEC. 6. Be it further enacted by the authority aforesaid, That any person, persons, firm or corporation violating

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any of the provisions of this Act, or the rules and regulations promulgated by authority of same, shall be guilty of a misdemeanor. Violations of this Act shall be tried without undue delay in any court of competent jurisdiction. Penalty for violation. SEC. 7. Be it further enacted by the authority aforesaid, That public welfare demanding, this Act shall go into effect immediately after its passage and the signature of the Governor. Effective at once. SEC. 8. 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, 1914. TAX ON AUTOMOBILES, DISTRIBUTION OF, AMONG COUNTIES. No. 431. An Act to provide for the distribution of the automobile tax funds among the counties of Georgia for the year 1914, collected under the Act approved August 19, 1913, and printed on pages 75 to 78, inclusive; to provide for the distribution of said tax after the year 1914, 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 net amount of automobile tax collected for the year 1914 under the Act approved August 19, 1913, and printed on pages 75 to 78 of the Acts of that year, shall be apportioned among the counties of Georgia in the following manner: On or by September 1, 1914, the county commissioners, and the ordinaries where there are no commissioners, shall report to the Secretary of State the exact number of miles of rural route roads or roads traveled by rural route postal carriers in their respective

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counties. The said officials shall have the rural route mileage ascertained by actual measurements, and their reports submitted to the Secretary of State shall specify each route by name or by number. In ascertaining the number of rural route miles, no road shall be counted more than once; that is, where two or more routes go for any distance over the same road, it shall not be counted but once in the report. Apportionment of tax by mileage. Ascertained by actual measurement. SEC. 2. Be it further enacted, That by the 15th day of October, 1914, or as soon thereafter as possible the Secretary of State shall file a report with the Treasurer of State showing the number of miles of rural route roads in each county and the total number of miles in the entire State. He shall also apportion the money collected under the automobile tax among the special counties in the proportion that the rural route miles of each county bears to the total number in the State, and it shall be the duty of the Treasurer of State to transmit the share of said automobile tax to the proper authorities in each county upon the warrant of the Governor. Report by Secretary of State. Treasurer to pay shares to counties. SEC. 3. Be it further enacted that it shall be the duty of Secretary of State to submit a copy of the report to the Governor of State, who shall immediately draw his warrant against the State treasury for the amount of money belonging to each county, so that it may be transmitted to the same. Warrant on report of Secretary of State. SEC. 4. Be it further enacted, That after the year 1914 it shall be the duty of the county officials, as hereinbefore described, to submit annually their report to the Secretary of State on or by the 1st day of April of each year, and he, the Secretary of State, shall immediately transmit his report to the Governor and State Treasurer, as hereinbefore provided, and they, the Governor and Treasurer, shall as soon as possible, transmit to each county its just proportion of automobile tax. Reports by county officers. SEC. 5. Be it further enacted, That if the Secretary of State should obtain proof in any way that any county has made a misrepresentation of facts for the purpose of securing

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an unjust proportion of automobile tax, it shall be his duty to withhold any funds from that county in that particular year. No funds to county misrepresenting. SEC. 6. Be it further enacted, That it shall be the duty of the county commissioners, or the ordinary, as the case may be, to see as far as they can that all persons owning automobiles in their counties return the same for taxation, and they shall so report to the Secretary of State. If it should be proved to the Secretary of State that as many as ten per cent. of the automobiles in any county are not returned for taxation, that county shall receive no part of the automobile tax fund for that year. Returns for taxation, or loss of fund by county. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. UNITED STATES, CEDING MARSH LANDS TO. No. 325. An Act to grant and cede to the United States Government certain strips of marsh land in Camden county, Georgia, for the purpose of further opening on inland waterway, 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 Governor of the said State be, and is, hereby authorized and directed to grant unto the United States of American sufficient tracts of marsh land located in Camden County, Georgia, and in 33d District G. M. of said county, of a width in each instance not to exceed six hundred (600) feet and of a length necessary to connect

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Little Satilla River with Umbrella Creek and Dover Creek with Bailey's Cut and of such shapes and bounds, courses and distances, and containing such acreage as may be prescribed by the United States engineer officer at Savannah, Georgia, for the purpose of connecting the said waterways by such canals for navigation, and upon certificate filed by the United States engineer officer in charge of the office at Savannah, Georgia, with the said Governor, the Governor shall then issue a grant or grants covering the said tracts of land, and which may be issued in one grant or two grants as may be feasible, and upon the issuance of said grants the jurisdiction of the United States Government is hereby ceded by the State of Georgia over the lands hereby stated. Camden County marsh lands to be granted for waterways. On certificate of U. S. engineer. Jurisdiction ceded. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 29th, 1914. UNIVERSITY OF GEORGIA, AGRICULTURAL, INDUSTRIAL AND NORMAL COLLEGE IN SOUTH GEORGIA. No. 428. An Act to amend an Act entitled An Act to establish and organize an Agricultural, Industrial and Normal College in South Georgia as a branch of the University of Georgia, and for other purposes, approved August 18, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act providing for the establishment and organization of an Agricultural, Industrial and Normal College in South Georgia, as a branch of

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the University of Georgia, approved August 18, 1906, be, and the same is hereby amended as follows: By inserting, immediafely after the word College in the fifth line of the first section of said Act and before the word to in the same line, the following words, to-wit.: To be known as the South Georgia State Normal College, so that said Section 1, as amended by this Act, shall read as follows: Act of 1906 amended. SEC. 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that there shall be established in connection with the State University, and forming one of the departments or branches thereof, an Agricultural, Industrial and Normal College, to be known as `The South Georgia State Normal College,' to be located, equipped and constructed as hereinafter provided. To be read as amended. Branch of University of Georgia. Approved August 15, 1914. UNIVERSITY OF GEORGIA TRUSTEES, PRESIDENT SOUTH GEORGIA COLLEGE A MEMBER OF. No. 452. An Act to make the President of the Board of Trustees of the South Georgia Normal College ex-officio a member of the Board of Trustees of the University of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the President of the Board of Trustees of the South Georgia Normal College at Valdosta, shall be ex-officio a member of the Board of Trustees of the University of Georgia. President of South Georgia College a trustee ex-officio. 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, 1914.

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VITAL STATISTICS, REGISTRATION OF. No. 466. An Act to provide for the registration of births and deaths in this State; for the registration and tabulation of such births and deaths, under the State Board of Health; to provide for the appointment and compensation of a State registrar of vital statistics, local and sub-registrars; to prescribe and define the duties of those charged with gathering and recording births and deaths, and to provide for the enforcement of all provisions of this Act by proper penalties for 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 the authority of the same, That the State Board of Health shall have charge of the registration of births and deaths; shall prepare the necessary instructions, forms and blanks for obtaining and preserving such records, and shall procure the faithful registration of the same in each primary registration district as constituted in Section 3, of this Act, and in the central bureau of vital statistics at the capitol of the State. The said board shall be charged with the uniform and through enforcement of the law throughout the State, and shall from time to time recommend any additional legislation that may be necessary for this purpose. State Board of Health in charge. Duties. SEC. 2. Be it further enacted by the authority aforesaid, That the secretary of the State Board of Health shall have general supervision over the central bureau of vital statistics, which is hereby authorized to be established by said board, and which shall be under the immediate direction of the State registrar of vital statistics, whom the State Board of Health shall appoint within thirty days after the taking effect of this law, and who shall be a medical practitioner of not less than five years practice in his profession,

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and a competent vital statistician. The State registrar of vital statistics shall hold office for four years, and until his successor has been appointed and has qualified unless such office shall sooner become vacant by death, disqualification, operation of law or other causes. Any vacancy occurring in such office shall be filled for the unexpired term by the State Board of Health, at least ten days before the expiration of the term of office of the State registrar of vital statistics, his successor shall be appointed by the State Board of Health. The State registrar of vital statistics shall receive an annual salary at the rate of $1,800 from the date of his entering upon the discharge of the duties of his office. The State Board of Health shall provide for such clerical and other assistants as may be necessary for the purposes of this Act, who shall serve during the pleasure of the board, and shall fix the compensation of persons thus employed within the amount appropriated therefor by the Legislature. The custodian of the capitol shall provide for the bureau of vital statistics in the State Capitol at Atlanta, suitable offices which shall be properly equipped with fire proof vault and filing cases for the permanent and safe preservation of all official records made and returned under this Act. Supervision of secretary. Registrar to be appointed. Qualification and term of office. Salary. Clerical assistants. Compensation. Offices and equipment. SEC. 3. That for the purpose of this Act the State shall be divided into registration districts, as follows: Each city, each incorporated town and each militia district shall constitute a primary registration district, and that portion of any militia district outside of the cities and incorporated towns therein shall constitute a separate and distinct registration district. Districts for registration. SEC. 4. Be it further enacted by the authority aforesaid, That in the cities the city clerk shall be the local registrar, and in the incorporated towns the town clerk shall be the local registrar, and that in the militia district of the State, the justices of the peace and notary publics and ex-officio justices of the peace shall be the local registrars, and for that portion of the militia districts outside of the cities and incorporated towns, therein, the justice of

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the peace and notary public and ex-officio justice of the peace shall be the local registrars under the terms of this Act. Should there be no justice of peace or notary public or ex-officio justice of the peace in any militia district, or should both of said officials be absent from their district, in that event, the justice of the peace or ex-officio justice of the peace for any adjoining militia district in said county or of the militia district in which the county site is situated may perform any of the duties of the local registrar for said district required under the terms of this Act; and each registrar shall in such cases note on each certificate, over his signature, the date of filing, and shall forward all certificates to the local registrar of the district within ten days, and in all cases before the third day of the following month, and if there be no local registrar said district shall be forwarded to the local registrar of the militia district in which the county site is situated, who shall make all reports for said district to the State registrar and shall perform other like duties of the local registrar for such district under the terms of this Act. Any local registrar, who in the judgment of the State Board of Health, fails or neglects to discharge efficiently the duties of his office as set forth in this Act, or to make prompt or complete returns of births or deaths as required thereby, shall be forthwith removed by the State Board of Health, and such other penalties may be imposed as are provided under Section 21 of this Act. Local registrars. Penalty for neglect of duty. SEC. 5. Be it enacted by the authority aforesaid, That the body of any person whose death occurs in this State, or which shall be found dead therein, shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of or removed from or into any registration district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal or other disposition thereof shall have been properly issued by the local registrar of the registration district in which the death occurred or the body was found. And no such burial or removal permit shall be issued by the

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registrar until where practicable, a complete and satisfactory certificate of death has been filed with him as hereinafter provided; provided, that when a dead body is transported from outside the State into a registration district of this State for burial, the transit or removal permit, issued in accordance with the law and health regulations of the place where the death occurred, shall accepted by the local registrar of the district into which the body has been transported for burial or other disposition as a basis upon which he may issue a local burial permit; he shall note upon the face of the burial permit the fact that it was a body shipped in for interment, and give the actual place of death, and no local registrar shall receive any fee for the issuance of permit under this Act other than the compensation provided for in Section 19 of this Act. Burial or removal permit required. SEC. 6. Be it enacted by the authority aforesaid, That a stillborn child shall be registered as a birth and also as a death, and separate certificates of both the birth and death shall be filed with the local registrar, in the usual form and manner, the certificate to contain in the place of the name of the child, the word stillbirth; provided, that a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month of uterogestation. The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as stillborn, with the cause of stillbirth, if known, whether a premature birth and, if born prematurely, the period of uterogestation, in months if known; and the burial or removal permit of the prescribed form shall be required. Midwives shall not sign certificates of death for stillborn children; but such cases, and stillbirth occurring without attendance of either physician or midwife, shall be treated as deaths without medical attendance, as provided for in Section 8, of this Act. Stillborn child to be registered twice. Exception. Certificate of cause of death. SEC. 7. Be it enacted by the authority aforesaid, That

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the certificate of death shall contain the following items, which are hereby declared necessary for the legal, social, and sanitary purposes subserved by registration records. Certificate of death to contain what. (1) Place of death, including State, county, incorporated town, village or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. (2) Full name of decedent. If an unnamed child, the surname preceded by unnamed. (3) Sex. (4) Color or raceas white, black, mulatto (or other negro descent), Indian, Chinese, Japanese, or other. (5) Conjugal relationas single, married, widowed or divorced. (6) Date of birth, including year, month, and day. (7) Age, in years, months, and days. If less than one day the hours or minutes. (8) Occupation. The occupation to be reported of any person, male or female, who had any remunerative employment, with the statement of (a) trade, profession, or particular kind of work; (b) general nature of industry, business or establishment in which employed (or employer). (9) Birth place, at least State or foreign country, if known. (10) Name of father. (11) Birth place of father, at least State or foreign country. (12) Maiden name of mother. (13) Birth place of mother, at least State or foreign country, if known. (14) Signature and address of informant. (15) Official signature of registrar, with the date when the certificate was filed, and register number. (16) Date of death, year, month and day. (17) Certification as to medical attendance on decedent, fact and time of death, time last seen alive and cause of death, with contributory (secondary) cause of complication, if any, and duration of each, and whether attributed to dangerous or unsanitary conditions or employment; signature and address of physician or official making the medical certificate. (18) Length of residence (for inmates of hospitals or other institution, transients or recent residents) at place of death and in the State, together with the place where the disease was contracted, if not at place of death, and former or usual residence.

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(19) Place of burial or removal, date of burial. (20) Signature of undertaker or person acting as such. The person and statistical particulars (Item 1 to 13) shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or the person acting as such. The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive, and the hour of the day at which the death occurred. And he shall further state the cause of death, so as to show the course of the disease or sequent of causes resulting in the death, giving first the name of the disease causing death (primary cause) and the contributory (secondary) cause, if any, and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held sufficient for the issuance of a burial or removal permit, and any certificate containing only such terms, as defined by the State registrar, shall be returned to the physician or person making the medical certificate, for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be carefully defined; and if violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, homicidal. And for the deaths in hospitals, institutions, or if non-residents, the physician shall supply the information required under this head (Item 18), if he is able to do so, and may state where, in his opinion, the disease was contracted. [Illegible Text] of certificate. Unsatisfactory certificates. SEC. 8. Be it enacted by the authority aforesaid, That in case of any death occurring without medical attendance, it shall be the duty of the undertaker to notify the local registrar of such a death, and when so notified the registrar shall, prior to the issuance of the permit, inform the local health officer, if there be such officer in the district where the death occurred, and refer the case to him for immediate

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investigation and certification; provided, that when the local health officer is not a physician, and in such cases only, the registrar is authorized to make the certificate and return from the statement of relatives or other persons having adequate knowledge of the facts; provided, further, that if the registrar has reason to believe that the death may have been due to unlawful act or neglect, he shall then refer the case to the coroner or other proper official for his investigation and certification. And the coroner or other proper officer whose duty it is to hold an inquest on the body of any deceased person, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease causing death, or if from external causes, (1) the means of death and (2) whether (probably) accidental, suicidal, or homicidal; and shall, in any case, furnish such information as may be required by the State registrar in order to classify the death properly. Death without medical attendance, duties in case of. SEC. 9. Be it enacted by the authority aforesaid, That the undertaker, or the person acting as undertaker, shall file the certificate of death with the local registrar of the district in which the death occurred and obtain a burial or removal permit prior to any disposition of the body. He shall obtain the required personal and statistical particulars from the person best qualified to supply them, over the signature and address of his informant. He shall then present the certificate to the attending physician, if any, or to the health officer, or coroner, as directed by the local registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record as specified in Sections 6 and 7, and he shall then state the facts required relative to the date and place of burial or removal, over his signature and with his address, and present the complete certificate to the local registrar in order to obtain a permit for burial, removal, or other disposition of the body. The undertaker shall deliver the burial permit to the person in charge of the place of burial, before interring or otherwise disposing of the body, or shall attach the removal permit to the box containing the corpse, when

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shipped by any transportation company; said permit to accompany the corpse to its destination, where, if within the State of Georgia, it shall be delivered to the person in charge of the place of burial. Procedures where death occurs. Every person, firm, or corporation selling a casket, shall keep a record showing the name of purchaser, purchaser's post office address, name of deceased, which record shall be open to inspection of the State registrar at all times. On the first day of each month the person, firm or corporation, selling caskets in this State shall report to the State registrar each sale for the preceding month, on a blank provided for that purpose; provided, however, that no person firm or corporation selling caskets to dealers or undertakers only shall be required to keep such record, nor shall such report be required from the undertakers when they have direct charge of the disposition of the dead body. Caskets, record of sales of. Every person, firm or corporation selling caskets at retail, and not having charge of the body, shall inclose within the casket a notice furnished by the State registrar calling attention to the requirements of the law, a blank certificate of death, and the rules and regulations of the State Board of Health concerning the burial or other disposition of a dead body. Notice of the law. SEC. 10. Be it enacted by the authority aforesaid, That if the interment or other disposition of the body is to be made within the State, the wording of the burial or removal permit may be limited to a statement by the registrar, and over his signature, that a satisfactory certificate of death having been filed with him as required by law, permission is granted to inter, remove or dispose otherwise of the body, stating the name, age, sex, cause of death, and other necessary details upon the form prescribed by the State registrar. Burial or removal permit. SEC. 11. Be it enacted by the authority of the same, That no person in charge of any premises on which interments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial,

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removal, or transit permit as herein provided, and such persons shall indorse upon the permit the date of the interment, over his signature, and shall return all permits so indorsed to the local registrar of his district within ten days from the date of interment, or within the time fixed by the local board of health. He shall keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and name and address of the undertaker, which record shall at all times be open to official inspection; provided, that the undertaker or person acting as such, when burying a body in a cemetery or burial ground having no person in charge, shall sign the burial or removal permit, giving the date of burial, and shall write across the face of the permit the words No person in charge, and file the burial or removal permit within ten days with the registrar of the district in which the cemetery is located. Interments. SEC. 12. Be it enacted by the authority aforesaid, That the birth of each and every child born in this State shall be registered as hereinafter provided. Births. SEC. 13. Be it enacted by the authority aforesaid, That within ten days after the date of each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth, which certificate shall be upon the form adopted by the State registrar, upon advice and consent of the State Board of Health, with a view to procuring a full and accurate report with respect to each item of information enumerated in Section 14 of this Act. Certificate of birth to be filed. In each case where a physician, midwife, or person acting as midwife was in attendance upon a birth, it shall be the duty of such person to file in accordance herewith the certificate herein contemplated. In each case where there was no physician, midwife, or person acting as midwife, in attendance upon the birth, it

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shall be the duty of the father or the mother of the child, the householder or the owner of the premises where the birth occurred, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, within ten days after the date of such birth, to report to the local registrar the fact of such birth. In such case, and in case the physician, midwife, or person acting as midwife, in attendance upon the birth is unable, by diligent inquiry to obtain any item or items of information contemplated in Secton 14 of this Act, it shall be the duty of the local registrar to secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein contemplated, and it shall be the duty of the person reporting the birth or who may be interrogated in the relation thereto to answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be calculated to elicit any information needed to make a complete record of the birth as contemplated by said Section 14, and it shall be the duty of the informant as to any statement made in accordance herewith to verify such statement by his signature, when requested so to do by the local registrar. Report of birth, and information to be furnished. SEC. 14. Be it enacted by the authority aforesaid, That the certificate of birth shall contain the following items, which are hereby declared necessary for the legal, social and sanitary purposes subserved by registration records. Certificate of birth to contain what. (1) Place of birth, including State, county, incorporated town, village or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. (2) Full name of child. If the child dies without a name, before the certificate is filed, enter the words Died unnamed. If the living child has not yet been named, at the date of filing certificate of birth, the space for full name of child is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided. (3) Sex of child. (4) Whether a twin, triplet, or

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other plural birth. A separate certificate shall be required for each child in case of plural births. (5) For plural births, number of each child in order of birth. (6) Whether legitimate or illegitimate. (7) Date of birth including year, month and date. (8) Full name of father; provided, that if the child is illegitimate, the name of the putative father shall not be entered without his consent, but the other particulars relating to the putative father (Items 9 to 13) may be entered if known, otherwise as unknown. (9) Residence of father. (10) Color or race of father. (11) Age of father at last birthday, in years. (12) Birth place of father, at least State, or foreign country, if known. (13) Occupation of father. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work; (b) general nature of industry, business or establishment in which employed (or employer). (14) Maiden name of mother. (15) Residence of mother. (16) Color or race of mother. (17) Age of mother at last birthday, in years. (18) Birth place of mother, at least State or foreign country, if known. (19) Occupation of mother. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work, (b) general nature of industry, business or establishment in which employed (or employer). (20) Number of children born to this mother, including present birth. (21) Number of children of this mother, living. (22) The certification of the attending physician or midwife as to the attendance at birth, including statement of year, month, day (as given in Item 7) and hour of birth, and whether the child was born alive or stillborn. This certification shall be signed by the attending physician or midwife, with the date of signature and address; if there is no physician or midwife in attendance, then by the father or mother of the child, householder, owner of the premises or manager or superintendent of public or private institution where the birth occurred, or other competent person, whose duty it shall be to notify the local registrar of such birth, as required by Section 13, of this Act. (23)

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Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter provided. SEC. 15. Be it enacted by the authority aforesaid, That when any certificate of birth of a living child is presented without the statement of the given name, then the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named. SEC. 16. Be it enacted by the authority aforesaid, That every physician, midwife, and undertaker shall, without delay register his or her name, address and occupation with the local registrar of the district in which he or she resides, or may hereafter establish a residence; and shall thereupon be supplied by the local registrar, with a copy of this Act, together with such rules and regulations as may be prepared by the State registrar relative to its enforcement. Within thirty days after the close of each calendar year each local registrar shall make a return to the State registrar of all physicians, midwives, or undertakers who have been registered in his district during the whole or any part of the preceding calendar year; provided, that no fee or other compensation shall be charged by local registrars, to physicians, midwives or undertakers for registering their names under this section or making returns thereof to the State registrar. Physicians, midwives and undertakers must register. SEC. 17. Be it enacted by the authority aforesaid, That the State registrar shall prepare, print and supply to all registrars all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this Act, and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions and the maintainance of a perfect system of registration; and no other blanks shall be used than those supplied by the State registrar. He

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shall carefully examine the certificates received monthly from the local registrars, and if any such are incomplete or unsatisfactory he shall require such further information to be supplied as may be necessary to make the records complete and satisfactory. And all physicians, midwives, informants, or undertakers and all other persons having knowledge of the facts are hereby required to supply, upon a form provided by the State registrar or upon the original certificate, such information as they may possess regarding any birth or death upon demand of the State registrar, in person, by mail, or through the local registrar; provided, that no certificate of birth or death, after its acceptance for registration by the local registrar, and no other record made in pursuance of this Act, shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed. The State registrar shall further arrange, bind and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous card index of all births and deaths registered, said index to be arranged alphabetically, in case of deaths, by names of decedents, and in the case of births, by the names of fathers and mothers. He shall inform all registrars what diseases are to be considered infectious, contagious or communicable, and dangerous to the public health, as decided by the State Board of Health, in order that when deaths occur from such diseases, proper precautions may be taken to prevent their spread. Blanks and forms. Filing and index. At the expiration of six years after the approval of this Act, certified copies of birth registration certificates shall be accepted by the public school authorities of this State as prima facie evidence of age of children registering for school attendance, and no other proof shall be required. At the expiration of fourteen years from the passage of this Act, certified copies of birth registration certificates shall be required by all factory inspectors, and employers of youthful labor as prima facie proof of age, and no other proof shall be required from children born in this State, or States which for fourteen years previous to the date of such certificate have had registration laws essentially identical

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with this Act; provided, that when it is not possible to secure such certified copy of birth registration certificate for any child, the school authorities and factory inspectors may accept as secondary proof of age any competent evidence by which the age of persons is usually established. Certificates as evidence. If any cemetery company or association or any church or historical society or association, or any other company, society, or association or any individual is in possession of any record of births and deaths which may be of value in establishing the genealogy of any resident of this State, such company, society, association, or individual may file such record, or a duly authenticated transcript thereof, with the State registrar, and it shall be the duty of the State registrar to preserve such record or transcript and to make a record and index thereof in such forms as to facilitate the finding of any information contained therein. Such record and index shall be open to inspection by the public, subject to such reasonable conditions as the State registrar may prescribe. If any person desires a transcript of any record filed in accordance herewith, the State registrar shall furnish the same upon application, together with a certificate that it is a true copy of such record, as filed in his office, and for his services in so furnishing such transcript and certificate he shall be entitled to a fee of ten cents per folio (fifty cents per hour or fraction of an hour necessarily consumed in making such transcript) and to a fee of twenty-five cents for the certificate, which fee shall be paid by the applicant. Preservation of records. SEC. 18. Be it enacted by the authority aforesaid, That each local registrar shall supply blank forms of certificates to such persons as require them. Each local registrar shall carefully examine each certificate of birth or death when presented for record, in order to ascertain whether or not it has been made out in accordance with the provisions of this Act and the instructions of the State registrar. And if any certificate of death is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return and to withhold the burial or removal permit until such

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defects are corrected. All certificates either of birth or of death, shall be written legibly, in durable black ink, and no certificate shall be held to be complete and correct that does not supply all the items of information called for therein, or satisfactorily account for their omission. If the certificate of death is properly executed and complete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease which is held by the State Board of Health to be infectious, contagious or communicable or dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the State Board of Health. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. He shall number consecutively the certificates of birth and death, in two separate series, beginning with number 1 for the first birth, and the first death of each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and each death certificate registered by him in a record book supplied by the State registrar, to be preserved permanently in his office as the local record in such manner as directed by the State registrar. And he shall, on the tenth day of each month, transmit to the State registrar all original certificates registered by him for the preceding month. And if no births or no deaths occur in any month, he shall on the tenth day of the following month, report that fact to the State registrar, on a card provided for that purpose. Blanks to be furnished. Unsatisfactory certificates. Burial or removal permit. Contagious diseases. SEC. 19. Be it enacted by the authority aforesaid, That each local registrar shall be paid the sum of twenty-five cents for each birth certificate and each death certificate properly and completely made out and registered with him, and correctly recorded and promptly returned by him to the State registrar as required by this Act, unless the local registrar shall already be acting as such in cities where their compensation is otherwise fixed by law. And in case

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no births and no deaths were registered during any month local registrars shall be entitled to be paid the sum of twenty-five cents for each report to the effect, but only if such report be made promptly as required by this Act. All amounts payable to a local registrar under the provisions of this section shall be paid by the treasurer of the county in which the registration district is located upon the certification of the State registrar, and the State registrar shall annually certify to the treasurers of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amounts due each at the date fixed herein. Fees for certificates. Paid by county treasurer. SEC. 20. Be it enacted by the authority aforesaid, That the State registrar shall, upon request, supply to any applicant, a certified copy of the record of any birth or death registered under the provisions of this Act, for the making and certification of which he shall be entitled to a fee of fifty cents, to be paid by the applicant; provided, that the United States Census Bureau may obtain without expense to the State, transcripts or certified copies of births and deaths without payment of the fees herein prescribed. And any such copy of the record of a birth or death when properly certified by the State Registrar shall be a prima facie evidence in all courts and places of facts therein stated. For any search of the files and records when no certified copy is made, the State registrar shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of time of search, said fee to be paid by applicant. And the State registrar shall keep a true and correct account of all fees by him received under these provisions, and turn the same over to the State Treasurer. Certified copies to be furnished. SEC. 21. Be it enacted by the authority aforesaid, That any person, who for himself or for an officer, agent or employee of any other person, or of any corporation on partnership, (a) shall inter, cremate or otherwise finally dispose of the dead body of a human being, or permit the same to be done, or shall remove such body from the primary registration district in which the death occurred, or

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the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or (b) shall refuse or fail to furnish correctly, any information in his possession, or shall furnish false information affecting any certificate or record, required by this Act; or (c) shall willfully alter, otherwise than is provided by Sec. 17, of this Act, or shall falsify any certificate of birth or death, or any record established by this Act; or (d) being required by this Act to fill out a certificate of birth or death and file the same with the local registrar, or deliver it upon request, to any person charged with the duty of filing the same, shall fail, neglect, or refuse to perform such duty in the manner required by this Act; or (e) being a local registrar, deputy registrar or sub-registrar, shall fail, neglect or refuse to perform his duty as required by this Act and by the instructions and direction of the State registrar thereunder, shall be deemed guilty of a misdemeanor and, upon conviction thereof shall for the first offence be fined not less than five dollars ($5.00), nor more than fifty dollars ($50.00), and for each subsequent offence not less than ten dollars ($10.00), nor more than one hundred ($100.00) dollars, or be imprisoned in the county jail not more than sixty days, or be both fined and imprisoned in the discretion of the court. Violations of the law. Penalty. SEC. 22. Be it enacted by the authority aforesaid, That each local registrar is hereby charged with strict and thorough enforcement of the provisions of this Act in his registration district, under the supervision and direction of the State registrar, and he shall make an immediate report to the State registrar of any violation of this law coming to his knowledge, by observation or upon complaint of any person, or otherwise. Enforcement of the law. The State registrar is hereby charged with the thorough and efficient execution of the provisions of this Act in every part of the State, and is hereby granted supervisory power over local registrars, deputy local registrars, and sub-registrars, to the end that all its requirements shall be

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uniformly complied with. The State registrar, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law and all registrars shall aid him upon request in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this Act to the prosecuting attorney of the county, with the statement of the facts and circumstances; and when any such case is reported to him by the State registrar, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. And upon request of the State Registrar, the attorney-general shall assist in the enforcement of the provisions of this Act. SEC. 23. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914.

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PART II.LOCAL LAWS TITLE I.CITY AND COUNTY COURTS TITLE II.COUNTY MATTERS

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TITLE I. CITY AND COUNTY COURTS. ACTS. Albany City Court, Salary of Solicitor Increased. Atlanta Municipal Court Act Amended. Baxley City Court, Juries and Trials. Blackshear City Court Act Amended. Boston City Court Established. Bryan County Court, Trials on Accusations. Douglas City Court Act Amended. Forsyth City Court Abolished. Gray City Court Abolished, if this Act Ratified. Pulaski City Court Abolished. Jeffersonville City Court Abolished. Sylvester City Court Established, if this Act Ratified. ALBANY CITY COURT, SALARY OF SOLICITOR INCREASED. No. 458. An Act to amend an Act entitled An Act to establish the city court of Albany in and for the county of Dougherty; to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof; to define their powers and duties, approved December 16, 1897, and Acts amedatory thereof, approved December 20, 1898, and August 5, 1904, and August 20, 1906, so as to increase the salary of the solicitor of the city court.

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SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that an Act approved December 16, 1897, establishing the city court of Albany, and the Acts amendatory thereof be amended as follows: By striking Section 6 of Act of August 20, 1906, Georgia Laws of 1906, page 148, and inserting in lieu thereof, as follows: Be it further enacted by the authority aforesaid, That beginning September 1, 1914, the fees of the solicitor of the city court shall be as now provided by law; but all such fees, except those received for services in the Supreme Court, shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the salary of $1,800.00 per annum, the same to be paid monthly out of the county treasury by the county treasurer. Acts of 1897, 1904 and 1906 amended. Salary fixed, how paid. 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, 1914. ATLANTA MUNICIPAL COURT ACT AMENDED. No. 490. An Act to amend an Act entitled An Act to carry into effect in the the city of Atlants, the provisions of the amendment to Paragraph 1, of Section 7, of Article 6, of the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts or system of courts, as the General Assembly may deem

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necessary, and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the city of Atlanta, Georgia, and to establish in lieu thereof, the municipal court of Atlanta, in the city of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein, and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court, to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, so as to make a uniform cost bill for cases filed in said court when the amount involved is fifty dollars or less; also providing for court marshals and attendants; providing for a minute book, or book of minutes; providing for an official court stenographer, and fixing his compensation, powers and duties, and fixing the salary of deputy clerks; and to prescribe jurisdiction of marshal, 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 carry into effect in the city of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6, of the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public, ex-officio justice of the peace, in certain cities, and the establishment in lieu thereof of such court or courts or system of courts as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of peace in the city of Atlanta, Georgia, and to establish in lieu thereof the municipal court of

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Atlanta, in the city of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compensation of the judges, and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 30, 1913, be and the same is hereby amended as follows: Act of 1913 amended. SEC. 2. 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 costs charged and collected by the clerk of the municipal court of Atlanta in all cases filed in or brought to said court when the principal sums involved or sued for are fifty dollars or less, shall be the same as now determined and fixed by law governing the justice court as embodied in Code, Sections 6002, 6004, except as follows: Costs. For each jury trial $ 1.50 For issuing each dispossessory warranty, clerk 1.00 Marshal's service 1.50 For issuing each distress warrant, clerk 1.00 Marshal's service 1.50 For each illegality, whole cost 3.00 For recording verdicts, judgments and orders of court, per 100 words .15 SEC. 3. Be it further enacted, That from and after the passage of this Act the judges of the municipal court of Atlanta shall have authority to appoint, with consent of county commissioners, not more than five special marshals, who shall hold their offices during the pleasure of the judges of said court, and who shall discharge such duties in and about the court room when the court is in session, and in and about the judges' chambers as may be required by law or by the judges appointing them. In addition thereto, they shall have authority to summon jurors, subpoena witnesses,

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and to attend juries empanelled in said court, and to perform such other like duties as the court may direct; and, before entering upon the discharge of their duties, they shall take an oath as provided in Section 4990, of the Code of 1911. Such special marshal shall receive as compensation for his services, not exceeding eighty-three and a third ($83.33) dollars per month upon warrants approved by the chief judge of said court, and drawn upon the county treasurer of Fulton County. Special marshals. Duties and powers. Oath. Salary. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the clerk of said court shall keep a book of minutes, properly indexed, wherein he shall record or cause to be recorded all judgments of said court and verdicts of juries rendered therein, together with all orders of said court. The minutes shall be approved by the chief judge of said court on the last day of each term. Minute book. SEC. 5. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the judges of said court shall have power to appoint and at pleasure remove, a reporter, or stenographic reporter for said court. Such reporter or stenographic reporter, before entering on the duties of his office, shall be duly sworn, in open court, faithfully to perform all the duties required of him by the judges of said court; and it shall be his duty, when directed by one of the judges of said court, to attend the court for which he is appointed, and when directed by the judge, to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel. The compensation of the reporter or stenographic reporter for recording or taking stenographic notes and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement, as aforesaid in such cases as the presiding judge may direct to be recorded, shall be at a rate not to exceed ten cents per hundred words, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may

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prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. Said reporter or stenographic reporter shall, for reports of evidence and other proceedings by him furnished be paid by the party requesting the same, at a rate not to exceed ten cents for each one hundred words; provided, that the judges of said court shall not have the authority to order any case reported in which the principal sum sued for or claimed is not more than one hundred dollars, except by the consent of all parties. Stenographic reporter. Duties. Compensation. Rate for reports of evidence. SEC. 6. Be it further enacted, That said Act be and the same is hereby amended by adding after the word of in the twenty-first line of Section 23, of said Act, which reads as follows: Each deputy clerk for his services shall receive a salary of fifteen hundred dollars per year payable one hundred and twenty-five dollars per month, the words not more than; and by adding after the word payable, in the twenty-first line of Section 23, of said Act, the words not more than, so that said paragraph of Section 23, of said Act, when so amended, shall read as follows, to-wit.: Each deputy clerk for his services shall receive a salary of not more than fifteen hundred dollars per year, payable not more than one hundred and twenty-five dollars per month. Salary of deputy clerks. SEC. 7. Be it further enacted, That in any case where suit is brought in said court against joint obligors, or joint promissors, or other joint debtors, or persons jointly liable, and one of the defendants resides in the city of Atlanta and the county of Fulton, the marshal of the municipal court of Atlanta or his lawful deputies may serve all summonses, subpoenas, or other process in such case upon all of the parties residing anywhere in the county of Fulton. Service of summons, etc. SEC. 8. Be it further enacted by the authority aforesaid, That the judges of said court shall have authority to appoint a deputy marshal to be known as chief clerk in the marshal's office, who shall have the same powers and be

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subject to the same liabilities and restrictions as now delegated to the marshals or deputy marshals of said court, and in addition to the duties now imposed upon deputy marshals, shall, under the direction of the chief judge of said court, perform such clerical services and duties in the marshal's office as may be required of him. He shall receive as his compensation the sum of not more than one hundred and fifty ($150.00) dollars per month, to be paid in like manner as the salary of marshals and deputy marshals as now provided for. Chief clerk in office of marshal. Duties. Salary. 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 17, 1914. BAXLEY CITY COURT, JURIES AND TRIALS. No. 440. An Act to amend on Act entitled An Act to establish the city court of Baxley, in Appling County; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved December 1, 1897, so as to provide for the drawing and empanelling, challenging, etc., of jurors, and for the trial of cases by juries, 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 Baxley, in Appling County; to define its jurisdiction and

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powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved December 1, 1897, be and is hereby amended by striking from said Act Section 24 thereof and inserting in lieu thereof a new section to be known as Section 24 and to read as follows: Act of 1897 amended. SEC. 24. Be it further enacted, That at least eighteen jurors shall be drawn, summoned and empanelled and if by reason of non-attendance, disqualification, legal excuse, or discharge by the court of any regular panel the same is not full, then presiding judge shall direct the same to be filled by tales jurors in the same manner as done in the superior court. All cases, either civil or criminal, not tried before the judge without a jury, shall be tried in said court before a jury of six; provided, however, that in any civil case either the plaintiff or the defendant shall have the right to demand a jury of twelve, which right may be waived. In all criminal cases either the defendant or the State shall have the right to demand a trial by a jury of twelve. In any case either civil or criminal where a jury of twelve is not demanded by either party before said party is furnished by the clerk of the court with the list of a panel from which to strike, the right to trial by twelve jurors shall be held to have been waived and the case shall be tried by six jurors. In all civil cases where a jury of twelve is demanded, the plaintiff and defendant shall each be entitled to three strikes from a panel of eighteen, and in criminal cases where a jury of twelve is demanded the defendant shall be entitled to four strikes, the State of two strikes from a panel of eighteen. In all civil or criminal cases where a trial by jury is demanded but a jury of twelve is not demanded, the issue shall be tried before a jury of six to be selected from a panel of twelve jurors. In civil cases if the issue is tried before a jury of six, each side shall be entitled to three strikes. In criminal cases if the issue is tried before a jury of six the defendant shall be entitled to four strikes, the State to two strikes. If in the conduct of the business of said court more than

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eighteen jurors are by the judge thereof deemed to be necessary he may in his discretion draw from the jury box the names of a sufficient number of jurors to proceed with the business of the court; or he may direct the sheriff to summons sufficient number of tales jurors to fill the necessary panels. All laws with reference to the conduct, qualification, empanelling and challenging of jurors and governing the selection of juries in the Superior Courts shall apply to the city court of Baxley except when inconsistent with the provisions of this Act. Jury panels. Jury trials, when demanded. Number of strikes. Jury of six from panel of twelve. Strikes. Filling of panels. SEC. 2. Be it further enacted that Section 25 of the aforesaid Act approved December 1, 1897, be and is hereby amended by striking from the first sentence of said section the words by a jury of twelve men as in the superior courts, so that said sentence when so amended shall read as follows: Be it further enacted by the authority aforesaid, That all civil cases pending in said court in which a jury is demanded by either party as provided in Section 14, of this Act, and all criminal cases in which the defendant shall demand a jury as provided in Section 27 of this Act, a jury shall be had in term time under the provisions of this Act. Jury trials when demanded. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 14, 1914. BLACKSHEAR CITY COURT ACT AMENDED. No. 341. An Act to amend an Act to establish the city court of Blackshear in and for the county of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof, and to define

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their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to the court of appeals by bill of exception or writ of error, and for other purposes, approved August 15th, 1911. SECTION 1. 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 creating and establishing the city court of Blackshear, to be located in the city of Blackshear, in the county of Pierce, approved August 15, 1911, as contained in the Acts of 1911, pages 210 to 229, be, and the same is hereby amended as follows, to-wit.: Act of 1911 amended. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3 of the said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 3. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-nine years of age and a resident of Pierce County for four years immediately preceding his appointment, and shall have practiced law as an attorney for five years before his appointment. He shall, before entering upon the duties of his office, take and subscribe to the following oath: `I swear that I will administer justice without respect to person, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as judge of the city court of Blackshear, of this State, according to the best of my ability and understanding and agreeably to the laws and constitution of this State and the constitution of the United States. So help me God,' which oath shall be filed in the Executive Department. Judge's eligibility. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That the solicitor of the city court of Blackshear shall

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prosecute all offenses cognizable before said city court, and shall represent the State in the causes carried to the court of appeals from said city court. The fees of the solicitor in said court shall be the same as fees of the solicitors-general of the superior courts of said State for services in like cases in the superior courts, except that in all cases of prosecution for the violation of any laws prohibiting or regulating the sale of whiskey, wines, beers or other intoxicating liquors he shall receive the same fees as are allowed to solicitors-general in cases of larceny from the house or gaming. For representing the State in cases carried to the court of appeals from said city court his fees shall be the same as fees of the solicitors-general for services in like cases. Solicitor. Fees of solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That Section 9 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall receive in all civil business transacted in said city court in which the principal sum claimed does not exceed one hundred dollars one-hald the fees which sheriffs and clerks of the superior courts receive, provided, that in any case in which the principal sum claimed does not exceed fifty dollars which is not contested the defendant shall not be chargeable with more than four dollars as the entire costs of the case, and the remainder of the court costs in the case shall be paid by the plaintiff, and may be retained out of the sum recovered by the plaintiff, and, if that is insufficient, judgment shall be entered by the court against such plaintiff for the balance. In all other business, unless otherwise specified in this Act, said clerk and sheriff of said city court and their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court. They shall be amenable to the same processes and penalties as are the officers of the

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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 the clerk and sheriff of the superior court are now entitled to in the superior court. Fees of clerk and sheriff. SEC. 6. Be it further enacted by the authority aforesaid, That Section 14 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment therein without the intervention of a jury, provided always that the plaintiff shall be entitled to a trial by jury in said court by entering a demand by himself or his attorney in writing at the time of filing his suit, and the defendant in any case shall likewise be entitled to a trial by jury in said court by making a demand therefor in writing by himself or his attorney at the time of filing his defense, in all cases in which, under the constitution and laws of the State of Georgia, such party is entitled to a trial by jury. Trial without jury, unless demanded. SEC. 7. Be it further enacted by the authority aforesaid, That Section 28 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 28. Be it further enacted by the authority aforesaid, That in all cases, civil and criminal, trial by jury of twelve shall be had in said court when so demanded. That in civil cases, such demand shall be made as provided in Section 14 of this Act, and in criminal cases demand shall be made in writing at or upon the calling of the docket for announcement at the first term of the case, and not thereafter. In either event, the written demand shall specifically call for a jury of twelve. Should a trial by a jury of twelve be demanded, the judge shall cause a list to be

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made up of the entire twenty-four jurors, from which, in civil cases, the plaintiff and defendant shall each have six strikes, and in criminal cases defendant shall be entitled to seven strikes and the State to five strikes. Should no demand be made as provided for trial by jury of twelve, but should the demand be simply for a jury trial, which demand, however, shall be made under the same rules as for a trial by a jury of twelve, then the judge shall cause a list to be made up of sixteen jurors, from which to select the jury, and in civil cases the plaintiff and defendant shall each be entitled to four strikes, and in criminal cases the defendant shall be entitled to five strikes, and the State to three strikes, the remaining eight jurors shall constitute the trial jury. The jurors, thus drawn on a regular panel and likewise the talesmen which the said judge of said court is empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the per diem as allowed jurors serving in the superior court of said county, the same to be paid under the rule governing the payment of superior court jurors. Juries of twelve or eight. SEC. 8. Be it further enacted by the authority aforesaid, That Section 31 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 31. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said court shall be tried on indictment or on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said city court, and in all criminal cases within the jurisdiction of the said city court commenced by affidavit and criminal warrant, the defendant shall not have the right to demand an indictment by the grand jury of Pierce County. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, except that the solicitor shall have the right to amend the accusation

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at any time before a plea has been entered by the defendant, and there shall be no jury trials unless demanded by the accused, as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is required by the laws and rules of criminal pleading applicable to bills of indictment in the superior court. Trial on indictment or on accusation. SEC. 9. Be it further enacted by the authority aforesaid, That Section 35 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended, so that said section as amended will read as follows: SEC. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and rights of parties as to waiver, pleading and procedure, or other matters appertaining to the same shall be had and upheld as are allowed by the laws and rules applicable to the superior courts of this State. Superior court rules applicable. SEC. 10. Be it further enacted by the authority aforesaid, That Section 37 of said act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, co-partners or joint trespassers, of which any one or more reside in the county of Pierce, may be brought in said city court, when said suits are within the jurisdiction of said court, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors, etc. SEC. 11. Be it further enacted by the authority aforesaid, That Section 38 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the

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same is hereby amended so that said section as amended will read as follows: SEC. 38. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil suit is made returnable shall be the appearance term, except in cases involving in amount the principal sum of one hundred dollars or less, in which event the first term shall be the trial term, unless by reason of a demand for a trial by jury by either party in such cases it shall be necessary under the provisions of this Act for said case or cases to go over until another term of said court; or should the plaintiff be surprised by any matter of defense set up by the defendant, then said case shall stand for trial at the next term of said court. In all suits returned to said court defense must be made thereto on the first day of the term, and unless defense be made upon the first day of the term, said case or cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the superior courts of this State. Appearance and trial terms. SEC. 12. Be it further enacted by the authority aforesaid, That Section 41 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: SEC. 41. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be collected by the sheriff of said court, and immediately turned over to the solicitor of the court, and said solicitor shall distribute to the officers entitled the costs due in each case in which such fine or forfeiture is collected, and shall then deposit the remainder of such fund in each case with the treasurer of the county, who shall keep same in a separate fund, to be known as the fine and forfeiture fund of the city court of Blackshear, and the same shall be paid out by the said treasurer only upon the order of the judge of the said city court in

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extinguishment of insolvent orders granted by said judge to the solicitor of said court, the solicitor-general of the superior court, the clerk of said city court, the clerk of the superior court, the sheriff of said city court, the sheriff of Pierce county, the justices of the peace and other officers who may be entitled thereto, in settlement of, or upon their insolvent cost bills arising from cases finally disposed of in said city court. It is further provided that not later than the 31st day of January in each year the judge of said city court, after the payment and satisfaction of all outstanding cost bills may, by order, cause the treasurer of said county to transfer all of the remainder of said fine and forfeiture fund above the sum of four hundred dollars to the city court fund of said county, to be used in the payment of the expenses of the said city court, and not otherwise. No insolvent order shall be granted where the defendant is convicted or pleads guilty, and a sentence is imposed, either directly or as an alternative, to the payment of a fine, to be served in the chaingang of Pierce County, and where the service of sentence is actually begun, but in every such case the fees of the officers of the court shall be deemed expenses of the court and shall be paid by the treasurer of the said county of Pierce; that after the close of each term of said city court the solicitor of the court shall prepare an itemized bill of all legal costs due in such cases to the officers of said court, the solicitor-general, the sheriff of the county, the justice of the peace and constables, and other officers entitled to costs in said cases, which bill shall be presented to the judge of said city court, and upon his approval thereof, he shall issue an order to the treasurer of said county of Pierce for the payment of said bill to said solicitor, which order shall be paid to said solicitor by said treasurer upon presentation, and the amount thus received by the said solicitor shall be immediately disbursed by him to the officers who are entitled to participate in the distribution thereof; that said order shall be paid out of any funds which may be in the treasury of said county. Should an alternative sentence be imposed and the defendant serve part of his sentence

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on the chaingang of the county and then pay his fine, the money so received shall be paid into the county treasury to the credit of the general county fund. Fines and forfeitures, disposition of. Insolvent cost bills. Cost bills. SEC. 13. Be it further enacted by the authority aforesaid, That Section 42 of the said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended by adding the words and shall also furnish to the solicitor of the court all stationery and supplies that may be necessary for his use in discharging the duties of his office after the last word in said section, so that said section as amended will read as follows: SEC. 42. Be it further enacted by the authority aforesaid, That the ordinary, commissioners of roads and revenues of the county of Pierce, or other proper officers shall provide a suitable place in the court house of said county, in the city of Blackshear, for the use of the clerk of said city court, for the transaction of the business of said court, and provide the necessary books for keeping the dockets, minutes and other records of said city court, and shall also provide for preserving the papers, books, records and minutes thereof, and shall also furnish to the solicitor of the court all stationery and supplies that may be necessary for his use in discharging the duties of his office. Office of clerk in court house. Books and stationery. SEC. 14. Be it further enacted by the authority aforesaid, That all parts of said Act approved August 15th, 1911, creating and establishing the city court of Blackshear, in and for said county of Pierce, to be located at Blackshear, in said county, in conflict with this amending Act be and the same are hereby repealed. Approved August 6, 1914.

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BOSTON CITY COURT ESTABLISHED. No. 495. An Act to create and establish the city court of Boston, in the county of Thomas; to define its jurisdiction and powers; to provide for a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the city court of Boston is hereby established in the city of Boston, in the county of Thomas, with civil and criminal jurisdiction over that portion of said county as is embraced within the limits of the 754 District, G. M., of said county. This Act to take effect on the first day of January, 1915, after its passage and approval by the Governor. City court of Boston established. SEC. 2. Be it further enacted, That the said city court of Boston shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except in those cases over which exclusive jurisdiction is vested in the superior court by the constitution and laws of Georgia, provided, said city court of Boston shall not have power to correct errors in inferior jurisdiction by writs of certiorari, and said court shall not have power to issue writs of mandamus or quo warranto, or foreclose mortgages on real estate; all suits brought in said city court, in which the principal sum involved does not exceed $50.00, the clerk shall only receive justice court costs, with recording fees additional, as hereinafter provided, and the sheriff shall only receive 75 cents for serving each copy and $1.00 for each levy in all cases of said city court of $50.00 or under. When the clerk and the sheriff perform services for which no fee is provided in the justice court, they shall receive the same fees as provided in this bill for like services arising in this court. In all cases for $50.00 or under the clerk shall only receive for filing and docketing, entering judgment

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on the minutes and issuing processes, 35 cents for each three items. Jurisdiction defined. SEC. 3. Be it further enacted, That said city court of Boston shall have jurisdiction to try and dispose of all misdemeanors committed within the jurisdictional limits of said court as aforestated in this Act; that the judge of the superior court may send down from the superior court of said county, in his discretion, any or all presentments and bills of indictments for misdemeanors to said city court for trial of offenses committed within the jurisdictional limits of said city court of Boston. Said order to be entered on the minutes of both courts, and it shall be the duty of the justice of the peace and notaries public to bind over to said city court all persons charged with offenses within the jurisdictional limits of said court, over which offenses said court has jurisdiction. Misdemeanors. SEC. 4. Be it further enacted by the authority aforesaid, That the said city court of Boston shall be a court of record, and shall have a seal and the minutes and records that are required by law shall be kept in the said city court in the same manner. All laws applicable to the duties of clerk and sheriff of the superior court shall apply to them in the city court of Boston, except where it is otherwise provided in this Act. All process and writs shall be issued and signed by the clerk and his deputy, tested in the name of the judge, and be directed to and served by the sheriff of said court of this deputy. Court of record, with seal. Clerk and sheriff. Process. SEC. 5. Be it further enacted by the authority aforesaid, That said city court shall be held in the city of Boston in such place for holding it as shall be provided and designated by the county commissioners of Thomas County, and said commissioners shall provide the necessary books and necessary blanks for keeping its dockets, minutes and records. Held in city of Boston. Books and blanks. SEC. 6. Be it further enacted by the authority aforesaid, That the terms of said city court of Boston shall be held quarterly beginning on the first Monday in February,

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May, August and November of each year. The judge of said city court shall have power to hold said court in session from day to day for such period as may be necessary to transact the business of the court, that he may hold adjourned terms of the regular quarterly terms when in his discretion needful, and in his discretion between the regular quarterly terms thereof he may hold at any time special sessions for the trial of criminal cases, with or without a jury, if to the interest of the State and the accused, and for the disposition of such civil cases and business as may be ready for trial by consent of parties, or in discretion of said judge where the dispatch of business or the ends of justice require it. Civil or criminal trials at such special terms may be held by the judge without a jury, or if a jury be demanded, the judge shall have power, either at such special terms or prior thereto, to open the jury box of said court, and draw a jury for said term or terms as for the regular term. Terms of the court. SEC. 7. Be it further enacted by the authority aforesaid, That all civil cases shall be returnable for trial to the first regular quarterly term of said court convening twenty days or more, after the filing or docketing of the case, and fifteen days or more after the service of process on the defendant. All defenses must be filed at the first term, and in any case where no defense is filed before or at the time the judge calls the appearance docket, then the judge shall, upon sufficient proof submitted by the plaintiff, render judgment without the intervention of a jury for the plaintiff; if a demurrer is filed and overruled and no other defense is filed, then the judge shall render judgment as though no defense had been filed. If a defense is filed other than as last above mentioned, then the case shall go to the next regular quarterly term as the trial term. Return term. Defenses, when to be filed. Trial term. SEC. 8. Be it further enacted by the authority aforesaid, That any person may be tried on a written accusation, which shall set forth plainly the offense charged and be signed by the prosecutor, and the prosecuting attorney of said court; it must be based on an affidavit made by the

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prosecutor before the judge or some other officer authorized by law to administer affidavits and issue criminal warrants, and filed in the office of the clerk of said court. Trial on accusation. SEC. 9. Be it further enacted by the authority aforesaid, That before the arraignment of the defendant the judge shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury the judge of said court shall proceed with said cause at the regular term of said court according to the rules and laws of the superior court applicable to the trial of misdemeanors, except that the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by jury and the court is not sitting at the regular term the judge shall admit the defendant to bail, to appear at the next regular quarterly term of said court, or on failure of the defendant to give bond, shall commit him to jail until the next regular term of said court. Said demand for jury trial may be withdrawn by the defendant at any time. If the defendant waives trial by jury, the judge shall proceed to hear and determine such case, conformable to the law governing superior courts, as the same may be applicable; provided, a reasonable time may be granted to the State or the defendant to procure witnesses and prepare for trial. Trial by jury on demand of accused. Waiver of jury. SEC. 10. Be it further enacted by the authority aforesaid, That the judge shall have power to hear and determine all civil cases, of which said court has jurisdiction, and to give judgment and execution thereon. Either party in any civil case in said court shall be entitled to trial by jury, provided, such party, himself or his attorney, shall file with the clerk of said courts, in writing, a demand for trial by jury, prior to the first day of the trial term of such case, or make such demand in open court during the morning session of the first day of the trial term, and have the same entered on the docket by the judge. Trial of civil cases by jury on demand.

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SEC. 11. Be it further enacted by the authority of the same, That the judge, solicitor, clerk and deputies, sheriff and deputies, and all other officers respectively of the city court of Thomasville, in Thomas County, shall be ex-officio judge, solicitor, clerk and deputies, sheriff and deputies, and all other corresponding officers, respectively, of said city court of Boston, with such powers and duties as to all proceedings and matters of every nature therein as are conferred on them respectively as to the city court of Thomasville, and all proceedings and matters of every nature whatever therein. Said judge to have no extra salary or other compensation for acts done in connection with said city court of Boston, other than already provided for the performance of his duties as judge of the city court of Thomasville, and said sheriff, clerk, their deputies, and other officers as enumerated herein, shall have the same compensation for services of every character performed in said city court of Boston or in reference to matters disposed of therein, as now provided by law for services performed by them in the city court of Thomasville, in reference to matters disposed of therein. Judge and officers of city court of Thomasville shall serve in this court. No extra salary to judge. Fees of clerk and sheriff. SEC. 12. Be it further enacted, That the solicitor of said city court of Boston shall represent the State in all cases therein, without additional salary or compensation other than that now allowed him by law as solicitor of the city court of Thomasville. He shall be entitled to and receive the same fees for services rendered as solicitor of said court in all cases in said court the same as now received by him in like cases and for like service as solicitor of the city court of Thomasville. In the absence or disqualification of the solicitor, the judge may appoint a solicitor pro tem., who shall be entitled to the same fees as the solicitor of said court. Solicitor has no additional salary. His fees. Solicitor pro tem. SEC. 13. Be it further enacted that the clerk of said city court of Boston shall prepare and file in his office at Boston a complete list of those persons liable to serve as traverse jurors in the superior court of Thomas County, whose residence is within the territory over which this

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court has jurisdiction, as provided from time to time for such superior court; from said lists so made traverse jurors for 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 traverse juror and place the same in a box for that purpose, and the judge of said city court, together with the clerk and sheriff, at the close of each term, or at any time thereafter, shall draw eighteen jurors from said box, who shall serve as jurors for said city court at its next regular term, and that from said panel of eighteen jurors of said jurors so drawn and summoned, a jury of twelve shall be selected as follows: In all civil cases the plaintiff and defendant shall be entitled to three peremptory challenges each, and in all criminal cases the State and the defendant shall be entitled to three peremptory challenges each, and all laws with reference to drawing, summoning and selecting traverse jurors and tales jurors in the superior courts of this State, shall apply to said city court except when inconsistent with this Act. The judge of said court shall have power to summon talesmen when necessary in same manner as now in practice in the superior courts of this State. List of traverse jurors. Drawing of juries. Challenges. Talesmen. SEC. 14. Be it further enacted, That all the duties and liabilities attached to the office of clerk of the city court of Thomasville and the office of sheriff of Thomas County, which offices are ex-officio offices of the city court of Boston, shall be attached to the offices of clerk and sheriff of said city court, respectively, and they shall be liable on their official bonds as sheriff and clerk of Thomas County for the faithful discharge of their duties as sheriff and clerk of the city court of Boston. Clerk and sheriff of Thomas County are ex-officio officers. SEC. 15. Be it further enacted, That all laws in reference to qualifying, empanelling, fining and challenging jurors now of force in this State, or hereinafter enacted by the General Assembly 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. Laws as to juries in superior court applicable.

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SEC. 16. Be it further enacted, That one or more extra panels of juries may be summoned for the city court where needed in the opinion of the presiding judge. Extra panels of juries. SEC. 17. Be it further enacted, That the jurisdiction, methods and proceedings in said city court shall be the same as in the superior court, unless otherwise provided by this Act. Procedure. SEC. 18. Be it further enacted, That all laws regulating and enforcing judgments in the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments and executions. SEC. 19. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as otherwise provided in this Act. Superior court procedure. SEC. 20. Be it further enacted, That all matters pertaining to the mode of commencing suit, pleadings, etc., the law governing the superior court, where not inconsistent with this Act, shall be applicable to said city court. SEC. 21. Be it further enacted, That said court shall have jurisdiction of all claims where personal property is involved, and in such claims shall be tried in the same manner as claims in the superior court. Claims of personalty. SEC. 22. Be it further enacted, That claims to real property levied on under executions or other processes from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims of realty. SEC. 23. Be it further enacted, That all laws upon the subject of attachment and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court, so far as the nature of the city court will

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admit. Attachments in the said court returnable to said court shall be directed to the sheriff or his deputies of the said court of Boston, and the judge of the city court may, or any justice of the peace or notary public, or notary public, or ex-officio justice of the peace, can issue attachments returnable to said city court, under the same laws that govern the issuing of attachments, returnable to the superior court. Attachment and garnishment. SEC. 24. Be it further enacted, That garnishment proceedings in said court shall be conformable to the laws of the State on the subject in the superior courts. When any garnishment proceedings are commenced under Sections 4715, 4716 and 4717 of the Code of Georgia of 1895, Volume 2, based upon suits pending in this court, or judgment obtained in this court, the person served with summons of garnishment, residing in a different county from the county of Thomas, or any part of Thomas County, shall be required to answer in the superior court of the county of his residence in the manner provided by the said section aforesaid. Garnishment procedure. SEC. 25. Be it further enacted, That scire facias, to make parties in any cause in said city court shall be had as in the superior court, but where scire facias shall run throughout the State, it may be served by any sheriff or his deputy. Parties, service of scire facias. SEC. 26. Be it further enacted, That the judge of said court shall have power to grant a new trial in any case upon the same conditions and under the same law that governs the granting of new trials in the superior court. New trials. SEC. 27. Be it further enacted, That a writ of error shall be directed from said city court to the supreme court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error to Supreme Court. SEC. 28. Be it further enacted, That all cases in said

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city court shall have the power and the same rights in pleading or procedure or other matters pertaining to the same, as cases in the superior court. Superior court procedure. SEC. 29. 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, 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 as aforesaid. Criminal cases, costs. SEC. 30. Be it further enacted, That all juries in said city court shall receive two dollars 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 juries in the superior court. Pay of jurors. SEC. 31. Be it further enacted, That any duty required of the judge of said court, such as the hearing of motions, demurrers and other like proceedings, the acceptance of pleas of guilty and sentencing of prisoners, the issuing of writs and orders, and any and all matters of practice and procedure not actually required to be performed by him in open court, may be exercised and done by him while anywhere in the county of Thomas. What duties of judge may be performed anywhere in the county. SEC. 32. Be it further enacted, That all laws and principles of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 15, 1914. BRYAN COUNTY COURT, TRIALS ON ACCUSATIONS. No. 446. An Act to amend an Act entitled An Act to establish a county court in Bryan County; to provide for a judge

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and solicitor of said court; to fix the compensation for each, and for other purposes, approved August 4th, 1913, so as to change the manner of drawing accusations 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 7 of an Act approved August 4th, 1913, entitled An Act to establish a county court in Bryan County; to provide for a judge and solicitor of said court; to fix the compensation for each, and for other purposes, be and the same is hereby amended by striking the word the at the ending of the eighth line of said section of said Act, and the word warrant in the beginning of the last line of said section of said Act, and inserting in lieu of the words stricken the words an affidavit, so that said section, when amended, shall read as follows: Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act that all defendants in the county court of Bryan County who are arrested on warrants charging misdemeanor offenses shall not have the right to demand indictment or presentment by the grand jury of Bryan County, but shall go to trial in the county court upon a written accusation based upon an affidavit against the defendant. Act of 1913 amended. To be read as amended. No right to demand indictment or presentment. Tried on accusation based on affidavit. 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, 1914.

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DOUGLAS CITY COURT ACT AMENDED. No. 456. An Act to amend the original Act creating the city court of Douglas, in the city of Douglas, approved December 9th, 1897, and all amendatory Acts thereof, and especially the amendments approved December 16th, 1902, and August 14th, 1908, so as to provide for the office of clerk of city court of Douglas, to be separate and distinct from the office of clerk of superior court of Coffee County, Georgia; to provide for the selection of a clerk to fill said office; to provide for the qualifications, duties and salary of said clerk; to provide that the solicitor of the city court of Douglas shall be paid a salary instead of fees, as now provided; to provide that he shall also act as county attorney as part of his duties; to provide that all costs, fines and forfeitures arising from the city court of Douglas, which would, under the present fee system, go to the solicitor of the city court and the clerk thereof, shall be paid into the county treasury of Coffee County, Ga., and become a part of the general funds of said county; to provide that in addition to judgments now allowed at first term of said city court of Douglas, that judgment may be taken at the first term in all suits upon promissory notes, stipulating for attorney fees, for principal, interest and attorney's fees unless an issuable defense is filed at said first term, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the office of clerk of the city court of Douglas in and for Coffee County, Georgia, in the city of Douglas, shall be

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separate and distinct from the office of the clerk of the superior court of Coffee County, Georgia, and shall be held by separate, distinct and different individuals as officials thereof. All records, dockets, papers, files and everything connected with the office of clerk of the city court of Douglas now in the office of the clerk of the superior court of Soffee County, Georgia, shall be turned over and delivered to the clerk of the city court of Douglas, and by him kept in an office, separate, distinct and apart from the office used by the clerk of the superior court. Clerk different from clerk of superior court. SEC. 2. Be it further enacted, That immediately after the passage of this Act that the board of commissioners of roads and revenues, in and for Coffee County, Georgia, shall select a fit and discreet person, having all of the qualifications now required of the clerk of the superior court of Coffee County, Ga., which said clerk, when so selected, after having taken the usual oath of office and given bond in the sum of $3,000.00, payable to the Governor of Georgia, conditioned to faithfully perform his duties as such clerk and faithfully account for all moneys coming into his hands as such clerk, shall become the clerk of the city court of Douglas and shall hold the office of clerk of the city court of Douglas until December 31, 1916, and until his successor is elected and properly qualified. The successor of said clerk of the city court of Douglas to be regularly elected by a popular vote at the general election in 1916, and every two years thereafter in the same manner as other county officers are elected, and to hold his term of office after being so elected, for two years, beginning with January 1st, 1917, and in case of a vacancy before said general election the board of commissioners of roads and revenues of Coffee County, Ga., shall fill said office by appointment. Clerk selected by county commissioners. Oath and bond of clerk. Term of office. Successor to be elected by popular vote. Term two years. Vacancy. SEC. 3. Be it further enacted, That said clerk of the city court of Douglas, in addition to the discharge of his duties as clerk of said city court, shall act as clerk of the board of commissioners of roads and revenues of the county of Coffee, State of Georgia. Additional duties of clerk.

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SEC. 4. Be it further enacted that said clerk of the city court of Douglas, for the discharge of all his duties, both as clerk of the city court of Douglas, and as clerk of the board of commissioners of roads and revenues of said county, shall receive a salary of $100.00 per month, payable monthly, out of the general funds of Coffee County, Georgia. Salary of clerk. SEC. 5. Be it further enacted, That from and after the passage of this Act, the solicitor of the city court of Douglas shall be paid a salary for his services as such solicitor, instead of fees as now provided. Said salary to be $1,000.00 per annum, payable monthly, out of the general funds of Coffee County, Georgia. Salary of solicitor. SEC. 6. Be it further enacted, That in addition to his duties as solicitor of the city court of Douglas, the said solicitor shall also act as county attorney and perform all of the duties as such for the board of commissioners of roads and revenues of the county of Coffee, State of Georgia, for which services he shall receive no salary other than that hereinbefore provided. Additional duties of solicitor. SEC. 7. Be it further enacted, That from and after the passage of this Act that all costs, fines and forfeitures in all matters and cases, both civil and criminal, in the city court of Douglas, shall be collected by the clerk of the city court of Douglas, and paid into the general fund of Coffee County, Georgia, except and save only such costs, fines and forfeitures, or parts thereof, as are legally due and payable to other officers of the city court, other than the clerk and the solicitor of said court, and except costs due officials of other courts. Costs, fines and forfeitures. SEC. 8. Be it further enacted, That from and after the passage of this Act, in addition to the default judgments now allowed to be taken at the first term of court, judgments may be taken at the appearance term in all suits based on promissory notes, stipulating for attorney's fees, where the statutory notice has been given, for principal, interest and attorney's fees, unless there is an issuable defense filed in said suit. Judgments on notes at appearance term.

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SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. FORSYTH CITY COURT ABOLISHED. No. 447. An Act to repeal an Act approved December 16, 1897, entitled An Act to establish the city court of Forsyth, in Monroe County; to define its jurisdiction and powers; to provide for the temporary 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 provide for the election of a judge and clerk and solicitor of said city court by duly qualified voters of said county; and provide for the manner, time, and place of holding said election, and to repeal all amendments to said Act; to abolish said city court of Forsyth, and provide for the disposition of all books, papers, records, dockets, minutes, suits pending therein, and all matters pertaining thereto; and to provide that all cases, both civil and criminal, pending therein, shall be transferred to the superior court of said county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, an Act approved December 16, 1897, entitled An Act to establish the city court of Forsyth, in Monroe County; to define its jurisdiction and powers; to provide for the temporary appointment of a judge and other officers

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thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom; and provide for the election of a judge and clerk and solicitor of said city court by duly qualified voters of said county; and provide for the manner, time and place of holding said election, be, and the same is, hereby repealed. Abolishment of the court. Act of 1897 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all suits pending in said city court of Forsyth be, and the same are hereby transferred to the superior court of Monroe County; and all judgments and executions rendered in and by said city court of Forsyth prior to the time this Act goes into operation are hereby kept alive and of full force and vigor, and that all such executions and all mesne and final processes of said city court of Forsyth which have not been executed, shall be returnable to the superior court of the county of Monroe, and all claims, illegalities and other issues arising from the execution of such processes and fi. fas. shall be returnable and determinable as though the same had issued from the superior court of Monroe County. Pending civil business transferred to superior court. SEC. 3. Be it further enacted by the authority aforesaid, That all criminal causes, founded upon indictment pending in the city court of Forsyth when this Act becomes effective, shall be transferred to the superior court for trial, and all criminal causes founded upon accusations pending therein shall be at once heard by some justice of the peace of the county aforesaid, who shall have power to bind over the accused for his or her appearance at the next term of the superior court of said county, or to discharge in the same manner as if brought before him on a warrant; provided, however, that where the accused has been regularly bound over upon a warrant to the city court of Forsyth, or has given bond for appearance before said court, such committal or bond shall be considered valid to secure his presence at the next term of Monroe superior court without further investigation. Criminal cases, how disposed of.

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SEC. 4. Be it further enacted by the authority aforesaid, That all motions for new trial pending in the city court of Forsyth when this Act becomes effective shall be heard and determined by the judge of the superior courts of the Flint judicial circuit; and that after this Act becomes effective, when judgment is rendered in the Supreme Court of Georgia, or the Court of Appeals of Georgia, in any case pending therein from the city court of Forsyth, the clerk of said court shall transmit the remittitur in said case to the clerk of the superior court of Monroe County, where it shall be made the judgment of said court, as having jurisdiction therein. Pending motions for new trial. [Illegible Text] from court of appeals. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers pertaining to the business of the city court of Forsyth shall immediately upon this Act becoming operative be turned over to the clerk of the superior court of Monroe County, to be preserved by him as part of the records of said court. Books go to clerk of superior court. SEC. 6. Be it further enacted by the authority aforesaid, That all suits brought in the city court of Forsyth, returnable to the October term, 1914, thereof, where service has been regularly perfected, and where the same would be for disposition at the January term, 1915, of said court, be, and the same are hereby, declared for trial at the February term, 1915, of the superior court of Monroe County, as well as all other cases pending in said city court of Forsyth. Trial term of pending suits. SEC. 7. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative until the first day of January, 1915. This Act effective January 1, 1915. 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 14, 1914.

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GRAY CITY COURT ABOLISHED. No. 479. An Act to repeal an Act entitled An Act to create the city court of Gray, for the county of Jones, to prescribe its jurisdiction and the powers and duties thereof; to provide for the qualification of the officers thereof; the manner of their selection and term of office; to provide for pleading and practice, and new trials and writs of error therefrom, and for other purposes, approved August 16th, 1913, and also to abolish said city court and to provide for the disposition of business pending in said city court, and the manner in which said court shall be abolished, 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 16th, 1913, establishing the city court of Gray, for the county of Jones, is hereby repealed, and the said city court of Gray abolished; provided, however, that this Act shall not go into effect until the same shall have been ratified by a majority of the voters of said county, voting in an election hereinafter provided for, to be determined as provided in the following sections of this Act. Act of 1913 repealed. City court of Gray abolished if the present Act be ratified by popular vote. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the ordinary of said county to order an election for the purpose of submitting the question of the ratification of this Act to the voters of said county, notice of which election shall be published in the Jones County News once each week for four weeks next prior to the general election for Governor, State house officers and members of the General Assembly to be held for the year 1914, and said election shall be held at the same time and at the same place that said Governor's election

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is held. The tickets shall be provided by the ordinary, which shall be in the following form: For abolishing city court and Against abolishing city court, respectively. Election to be called. Form of ballots. SEC. 3. If a majority of those voting at said election shall vote For abolishing city court, then said court shall be by the terms of this Act abolished, and should a majority of those voting vote Against abolishing city court this Act shall not go into effect. SEC. 4. Be it further enacted, That all suits pending in said city court are hereby transferred to the superior court of Jones County, and all judgments and executions heretofore rendered in and by said city court are hereby kept alive and of full force, and that all such judgments, executions and all mesne and final processes of said city court which have not been executed shall be returnable to the superior court of Jones County, and all claims, illegalities and all other issues arising from the execution of such processes and fi. fas. shall be returnable and determinable as though issued from the superior court of Jones County. Pending suits transferred to superior court. Judgments and executions of force. SEC. 5. Be it further enacted, That all criminal cases founded upon indictment or accusation or warrant, wherein the defendant has had or waived a commitment trial, pending in said city court of Gray, when this Act becomes effective, shall be transferred to the superior court of Jones County, and all criminal cases founded upon accusation or warrant, and in which the defendant has had no commitment trial nor waived same, pending therein, shall be at once heard by any justice of the peace of the county of Jones, who shall have power to bind over the accused for his appearance, at the next term of the superior court of said county, to discharge in the same manner as if brought before him upon a warrant, provided, that where the accused has been regularly bound over upon a warrant to the said city court or has given bond for his appearance before said city court, such committal on bond shall be

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considered valid to secure his appearance at the next term of the superior court of Jones County. Criminal cases, disposition of. SEC. 6. Be it further enacted, That all dockets, minutes, records, books and papers of the said city court of Gray shall be held by the clerk of the superior court of Jones County as part of the records of that court. Books go to clerk of superior court. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914. PULASKI CITY COURT ABOLISHED. No. 355. An Act to abolish the city court of Pulaski County, established upon the recommendation of the grand jury of Pulaski County; to provide for the disposition of all books, papers, records, dockets, suits pending therein and all matters pertaining thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Pulaski County, established by recommendation of the grand jury of said county, is hereby abolished. City court of Pulaski County abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all suits pending in said city court of Pulaski County shall, immediately upon this Act becoming effective, be transferred by the clerk of the superior court of Pulaski County to the superior court of Pulaski County, and that all judgments and executions rendered in and by

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the said city court of Pulaski County are hereby kept alive and are of full force and effect, and that all such executions and all mesne and final processes of said city court which have not been executed shall be returnable to the superior court of Pulsaki County, and all claims, illegalities and other issues arising upon the execution of such process, judgments and fi fas., whether mesne or final, shall be returnable and be determinable as though the same had issued from the superior court of Pulaski County. Pending suits transferred to superior court. Judgments and executions of force. SEC. 3. Be it further enacted by the authority aforesaid, That all suits and issues returnable to the December term, 1914, of the city court of Pulaski County, and all suits and issues filed in the city court of Pulaski County between the last return day of the December term, 1914, of the city court of Pulaski County up to and including the 31st day of December, 1914, shall be ripe for trial or for judgment, as the case may be, at the March term, 1915, of the superior court of Pulaski County, and that all suits in default at the December term, 1914, of the city court of Pulaski county shall be ripe for judgment, or for verdict and judgment, as the case may be, at the March term, 1915, of the superior court of Pulaski County. Trial term of civil cases. SEC. 4. Be it further enacted by the authority aforesaid, That all criminal cases founded upon indictment pending in said city court in Pulaski County shall, upon this Act becoming effective, be transferred to the superior court of Pulaski County, which shall have jurisdiction to try and determine the same; and that the clerk of superior court of Pulaski County shall lay before the grand jury of Pulaski superior court at its next regular session all criminal cases founded upon accusations in the said city court of Pulaski County; provided, however, that where the accused has been regularly bound over under a warrant to the said city court, or has given bond for his appearance in said city court, such bond shall be considered valid and effective to secure the presence of the accused at the next term of the superior court of Pulaski County. Criminal cases, disposition of.

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SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, writs, records, books and papers of the city court of Pulaski county shall be held by the clerk of the superior court of Pulaski County as a part of the records of said superior court. Books go to clerk of superior court. SEC. 6. Be it further enacted, That the office of judge of the city court of Pulaski County be, and the same is hereby abolished upon this Act becoming effective. SEC. 7. This Act shall become effective on December 31st, 1914. Approved August 7, 1914. JEFFERSONVILLE CITY COURT ABOLISHED. No. 390. An Act to repeal an Act entitled an Act to establish the city court of Jeffersonville, in and for the county of Twiggs, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above and foregoing entitled Act, which said Act appears in the Acts and Resolutions of the General Assembly of the State of Georgia for the year 1905, as compiled and published by authority of the State, on page 248, the same being number 438, which said Act was approved August 17, 1905, be and the same is hereby repealed, and the city court of Jeffersonville, in the city of Jeffersonville, Twiggs County, is hereby abolished. Act of 1905 repealed. City court of Jeffersonville abolished.

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SEC. 2. Be it further enacted by the authority aforesaid, That all suits pending in said court, all summonses, processes and all litigation of every nature and character pending in said court or returnable thereto, be and the same are hereby transferred to the superior court of Twiggs County. Pending matters transferred to superior court. SEC. 3. Be it further enacted by the authority aforesaid, that the terms of this Act shall go into effect upon its approval by the Governor. 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 12, 1914. SYLVESTER CITY COURT ESTABLISHED. No. 476. An Act to establish the city court of Sylvester, in and for the county of Worth, to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other offices thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the court of appeals, and for its ratification by the voters of Worth 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 city court of Sylvester, to be located in the county of Worth, is hereby created and established, with civil and criminal jurisdiction over the whole county of Worth, concurrent with the superior court,

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to try and dispose of all civil cases of whatsoever nature, except those of which the constitution of the State of Georgia has given the superior court exclusive jurisdiction. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or may hereafter be in use in the superior court, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding of said court, statutory awards, proceedings against intruders and tenants holding over, petitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warrantos; provided, that said court shall not have jurisdiction to try or to dispose of any matters over which the laws of the State of Georgia now give justice's court jurisdiction. City court of Sylvester established. Jurisdiction defined. SEC. 2. Be it further enacted by the authority aforesaid, That the said city court of Sylvester shall have jurisdiction to try and dispose of all criminal cases when the offense charged is below the grade of felony, and when committed within the county of Worth. Criminal Jurisdiction SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a judge of the city court of Sylvester, who shall be elected by the qualified voters of the county of Worth, at the next general election for county officers in October, 1914, and whose term of office shall be for a period of four years, beginning January 1st, 1915, and until his successor is elected and qualified; Provided, that all vacancies in the office of judge which may arise by death, resignation, removal or otherwise, shall be filled by appointment by the Governor of the State of Georgia until the next general election of State and county officers. Judge to be elected. Term of office. Vacancies filled by appointment of Governor. SEC. 4. Be it further enacted by the authority aforesaid, That the judge of the city court of Sylvester shall receive a salary of twelve hundred dollars per annum. Judge's salary. SEC. 5. Be it further enacted by the authority aforesaid,

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That no one shall be eligible to the office of said judgeship unless he be at the time of his qualifications at least twenty-five years of age, and must have been a resident of the county of Worth five years immediately preceding his election, and he must have also been a practicing attorney four years, and 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 of person, and do equal right to the poor and rich, and that I will faithfully and impartially perform all duties which may be required of me as judge of the city court of Sylvester, of this State, according to the best of my ability and understanding, agreeably 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 filed in the executive department. Said judge shall not practice law in Worth County. Eligibility of judge. Oath of judge. SEC. 6. Be it further enacted by the authority aforesaid, That the judge of the city court of Sylvester shall have the authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distress warrants, attachments and garnishments, to attest deeds, mortgages, take affidavits, to issue any other writs, warrants, orders and process, the power of which is not given exclusively to some other court, judge or officer by the constitution of the State. Said judge shall have power to issue writs of habeas corpus, hear and determine the same, cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and generally to do all acts which the judges of the superior court and county court are authorized to do, and shall have all authority and power throughout his jurisdiction as the judges of the superior court have, except where, by the constitution, exclusive power and authority is vested in the judges of the superior courts; and the laws relating to and governing the judges of the superior courts shall apply to the judge of said city court, insofar as the same may be applicable. Said judge shall also have the

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power to try all possessory warrants, preserve order, punish for contempt, and to enforce all his judgments in the same manner as the judges of the superior courts of this State, and shall have the same jurisdiction in the matter of contempt as the judges of the superior courts of this State. Said judge shall have the same jurisdiction and authority within the limits of his jurisdiction as judges of the superior court to hold courts of inquiry, and to commit the defendants, assess bail, etc. Powers of judge. SEC. 7. Be it further enacted by the authority aforesaid, That when the said judge of the city court of Sylvester should for cause be disqualified to preside in any case pending therein, any judge of the superior court or any of any city court of this State shall preside therein, and in case no qualified judge is present to preside in said case, then a judge pro hac vice may be selected to preside in such case or cases under the rules prescribed in the superior courts of this State. Disqualification of judge. SEC. 8. Be it further enacted by the authority aforesaid, That there shall be a solicitor for the city court of Sylvester, who shall be elected at the same time and in the same manner and whose term of office shall begin and end at the same time as is herein provided for the election of the judge of the city court of Sylvester. Said solicitor shall hold his office for the term of four years and until his successor has been elected and qualified. All vacancies shall be filled in the same manner as vacancies are filled in the office of judge. The solicitor of the city court of Sylvester shall receive a salary of nine hundred dollars per annum. Solicitor to be elected. Term of office. Vacancy, how filled. Salary of solicitor. SEC. 9. Be it further enacted by the authority aforesaid, That any person to be eligible to the office of solicitor of the city court of Sylvester must, at the time of his election, have been twenty-one years of age, a resident of Worth County at least two years immediately preceding his election, and he must have been a practicing attorney at least two years before his election. He shall take the oath of office required of the solicitor-general of the superior courts of this State, and shall take all accusations

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for the trial of offenses in said city court; prosecute all offenses in said court, and as far as applicable, his duty in said court shall be the same as the solicitor-general in the superior court. He shall represent the State in each case carried to the appellate court. In the absence or disqualification of the solicitor, the judge of the said court shall appoint a solicitor pro tem., who shall receive the same salary as allowed the regular solicitor of this court. Eligibility of solicitor. Oath of solicitor. Duties of solicitor. Solicitor pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That the solicitor of said city court of Sylvester shall receive for his services in the court of appeals the same fees as the solicitor-general of the superior courts are paid for like services, the same to be paid out of the State treasury and in the same manner as the solicitor-generals of the superior courts of this State are paid for like services rendered in the court of appeals. Fees for services in court of appeals. SEC. 11. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Worth County shall be ex-officio clerk of the city court of Sylvester, and in his official connection with said court, shall be known as the clerk of the city court of Sylvester. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully discharge the duties of said clerk, which oath shall be entered upon the minutes of said city court. Said clerk shall also before entering upon the duties of said office, execute a bond in the sum of one thousand dollars for the faithful discharge of the duties imposed upon him by virtue of said office. Clerk and deputy clerk. Oath of clerk. Bond of clerk. SEC. 12. Be it further enacted by the authority aforesaid, That the sheriff of Worth County shall be ex-officio sheriff of the city court of Sylvester, and in his official connection with said court, shall be known as the sheriff of said city court of Sylvester. Before entering upon the discharge of the duties as such officer, said sheriff shall enter into a bond in the sum of one thousand dollars for the faithful performance of the duties imposed upon him by virtue of said office. He shall have the same authority to

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appoint deputies as he now has or may hereafter have by law as the sheriff of Worth County. Sheriff. Bond of sheriff. Deputy sheriffs. SEC. 13. Be it further enacted by the authority aforesaid, That all duties and liabilities attached to the office of the clerk of the superior court and to the office of the sheriff shall be attached to the office of clerk of the city court of Sylvester and sheriff of the city court of Sylvester, respectively; and the judge of the said city court of Sylvester is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judges of the superior courts over the clerks of the superior court and sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff. SEC. 14. Be it further enacted by the authority aforesaid, That the clerk of said city court of Sylvester shall receive in all civil business prosecuted in said city court, two-thirds of the fees which the clerk of the superior court receives when the amount involved is less than five hundred dollars, and the said clerk shall not be required to keep a final record of cases where the amount involved is less than five hundred dollars, in said court. In all other instances, the clerk of the said city court of Sylvester shall receive the same fees as the clerks of the superior courts of this State; his duties relating to the records of the proceedings in said city court of Sylvester shall be the same as in the superior court, where the amount involved is five hundred dollars or more; and the said clerk is hereby entitled to the same remedies to enforce the collection of their fees in the said city court as they are now entitled to in the superior courts of this State. Fees of clerk. SEC. 15. Be it further enacted by the authority aforesaid, That the sheriff of said city court of Sylvester shall receive in all civil business prosecuted in said court the same fees as are now paid to the sheriff in the superior courts of this State, except that no costs shall be paid the sheriff for verdicts rendered by a jury, and the said sheriff shall receive only one dollar for the settlement of fi. fas. where the amount is less than five hundred dollars. Where the amount involved is five hundred dollars or more,

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the said sheriff shall receive the same fees as he is entitled to where the action is brought in the superior court. Fees of sheriff. SEC. 16. Be it further enacted by the authority aforesaid, That all moneys of whatsoever description paid into said city court of Sylvester on account of criminal business shall be turned over to the treasurer of Worth County by the officers of said city court collecting the same, and that the salaries of the solicitor, clerk, sheriff and stenographer of said city court, and the costs of the justices of the peace and notaries public who are ex-officio justices of the peace and constables, the payment of which is provided in this Act, be paid to such officers of said city court by said treasurer of Worth County on the first day of each month, beginning on the first day of February, 1915, and the costs of such justices of the peace and notaries public who are ex-officio justices of the peace and constables be paid by said treasurer as the same become due; provided, however, that the amounts so paid as salaries to said officers shall in no event exceed the amount of money paid into the treasury of Worth County from said city court, together with the total fines fixed in alternative sentences of said court, which amounts shall be totaled by the clerk of said city court and furnished to the treasurer of said county by the thirty-first day of December of each year. All moneys to be paid to county treasurer. Salaries paid monthly by county treasurer. Salary payments, how limited. SEC. 17. Be it further enacted by the authority aforesaid, That in all criminal cases settled upon payment of cost, either by defendant or prosecutor, the cost shall be the same as in the superior courts of this State in similar cases, and collected and taken charge of by the sheriff of said city court, and all sums of money so collected shall be paid to the treasurer of the county of Worth. Costs in criminal cases. SEC. 18. Be it further enacted by the authority aforesaid, That the clerk of said city court of Sylvester shall receive as full compensation for all services rendered in connection with the criminal business of said city court, the sum of four hundred and fifty dollars per annum; that the sheriff of said city court shall receive as full compensation

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for all services rendered in connection with the criminal business in said city court the sum of six hundred dollars per annum. Compensation of clerk and sheriff limited. SEC. 19. Be it further enacted by the authority aforesaid, That there shall be a stenographer of the city court of Sylvester appointed by the judge thereof, and all civil cases in said court shall be reported at the request either of plaintiff or defendant, and the fees for reporting such cases be three-fourths of the amount as are allowed for similar services in the superior court, to be paid by the defendant and the plaintiff equally. Said stenographer shall have the right to enforce the payment of his fees as in the superior court. Said stenographer shall also report all criminal cases when either the defendant or State attorney demands it, and whenever the judge in his discretion shall require any criminal cases reported, whether either party demands it or not. Said stenographer shall receive as full compensation for his services in reporting and transcribing the records in connection with the criminal business in said city court, one-third of the amount provided by law for the stenographers of the superior courts of this State for the same amount of work, and who shall be paid out of the treasury of this county and in the same manner that superior court stenographers are paid. Stenographer to be appointed by judge. His fees. Payment enforceable. Reports of criminal cases. Compensation of stenographer in criminal cases. SEC. 20. Be it further enacted by the authority aforesaid, That the salaries of all officers of the said city court of Sylvester as herein provided shall be paid to said officers in monthly installments, beginning February the first, 1915, to be paid out of the treasury of Worth County by the person or persons charged by law with paying out the moneys of said county. Salaries payable monthly. SEC. 21. Be it further enacted by the authority aforesaid, That in all instances in which defendants against whom warrants have been sworn out are committed they shall be bound over by the justices of the peace and notaries public, who are ex-officio justices of the peace of said county, to the city court of Sylvester in all misdemeanor cases, and the costs of said justices of the peace and notaries

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public who are ex-officio justices of the peace, and the constables; in all such cases, when the defendants are finally convicted, or settled upon payment of the costs, whether he be fined or sentenced to the chaingang, shall be paid their costs, as is now provided by law, by the treasurer of said county to such justices of the peace, notaries public or constables. Binding over of accused in misdemeanor cases. Costs of justices and constables, how paid. SEC. 22. Be it further enacted by the authority aforesaid, That there shall be quarterly terms of said city court of Sylvester, to be held on the first Mondays in March, June, September and December of each year, for the transaction of civil and criminal business by said city court, and to continue until the business of said court is disposed of, unless sooner adjourned. Quarterly terms of the court. SEC. 23. Be it further enacted by the authority aforesaid, That there shall be monthly terms of said city court, which shall be held on the first Monday in each month, which terms shall in all respects be the same as the quarterly terms, except that no juries shall be required at the monthly terms, unless that in the discretion of the judge, the attendance of such juries may be necessary to such extent as to require the attendance of juries at such monthly terms. Monthly terms. SEC. 24. Be it further enacted by the authority aforesaid, That for the purpose of receiving pleas of guilty in criminal cases, and for the purpose of trying any criminal cases in said city court of Sylvester, in which the defendant requests a trial by the court without the intervention of a jury, said court shall at all times be open and authorized to try and dispose of the same. Court always open for what purposes. SEC. 25. Be it further enacted by the authority aforesaid, That the practice and procedure in said city court of Sylvester shall be in all respects the same as in the superior court; the time of filing suits, pleas and answers, calling the appearance docket, entering judgments of in default, the rules of opening default judgments, time of hearing and disposing of demurrers, shall in all respects where not

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inconsistent with this Act be governed by the law fixing the practice and procedure in the superior court. Practice and procedure as in the superior court. SEC. 26. Be it further enacted by the authority aforesaid, That the judge of the said city court of Sylvester shall have power and authority to hear and determine all civil and criminal cases in which said city court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil or criminal case pending in said court upon demand be entitled to a trial by a jury in all cases in which such parties would be entitled to a jury trial under the constitution and laws of this State, which demand may be made at any time before said case is called for trial, either orally or in writing, entry of which shall be made on the docket by the judge. Judge may render judgment without jury. Trial by jury if demanded. SEC. 27. Be in further enacted by the authority aforesaid, That all processes, attachments, garnishments and all orders or mandates of the court which are required to be served by the sheriff upon either party, shall be directed to the sheriff of the city court of Sylvester, signed by the clerk and attested in the name of the judge and served by the sheriff of said city court or his deputy. Processes, how directed and served. SEC. 28. Be it further enacted by the authority aforesaid, That all judgments obtained in said city court shall be a lien on all the property of the defendant throughout the State, in the same manner as are judgments of the superior courts of this State, but all executions issuing from said court shall be attested in the name of the judge, signed by the clerk, and directed to the sheriff or his deputy of the said city court of Sylvester, and to all and singular the sheriffs or their deputies of the State of Georgia. lien of. Executions, how attested, signed and directed. SEC. 29. Be it further enacted by the authority aforesaid, That said city court of Sylvester shall have jurisdiction over all claim cases where personal property is levied on in the county of Worth, and such claims shall be brought in the same manner as claims are brought in the superior courts of this State. Claim cases, personalty.

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SEC. 30. Be it further enacted by the authority aforesaid, That all claims to real property levied on under executions from said city court of Sylvester shall be returned to the superior court of the county where the real property is situated and shall then proceed as other claims to real property are tried. Claims to realty. SEC. 31. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy. Parties; scire facias, service of. SEC. 32. Be it further enacted by the authority aforesaid, That the general laws of this State in regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, or witnesses by interrogatories, or under subpoenas, 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. Laws relating to superior court applicable. SEC. 33. Be it further enacted by the authority aforesaid, That 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 the other officers of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases any where in the 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 power and authority throughout his jurisdiction, as judge of the superior court, shall apply to the judge of the said city court insofar as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 34. Be it further enacted by the authority aforesaid, That said city court of Sylvester shall be a court of record and shall have a seal, and the minutes, records, orders, dockets and other books and files that are required

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by law and rules to be kept in and for the superior court, and in the same manner, unless inconsistent with this Act; and it shall be the duty of the ordinary or county commissioners of Worth County, if there be county commissioners, to furnish the necessary books and dockets for said court, 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, with seal, etc. Books, etc., to be furnished. SEC. 35. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and distress warrants in said city court, irrespective of the amount involved shall be conformable to the laws of this State on this subject in the superior court. Garnishment, attachment, distraint. SEC. 36. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Sylvester be procured as follows: The clerk of the city court of Sylvester shall provide a jury box similar to the traverse jury box of the superior court, and shall write upon separate sheets of paper or cards the names of each person on the traverse jury list of the superior court and shall place said names of all persons upon said list in the city court jury box, from which shall be drawn traverse jurors to serve in the city court of Sylvester. All laws with reference to the drawing and summoning and impanelling traverse jurors in the superior court shall apply to the city court of Sylvester. All exemptions from jury duty now of force in the county of Worth shall be of effect in said city court, and that jurors be paid the sum of two dollars per day out of the county treasury as jurors in the superior court are paid. Traverse jurors, how procured. Juries, how drawn and impanelled. SEC. 37. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relationship, impanelling, fining and challenging of jurors now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except where inconsistent with this Act. Existing laws as to jurors applicable. SEC. 38. Be it further enacted by the authority aforesaid,

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That twenty-four jurors shall be drawn and summoned as above provided, and shall be impanelled in all causes, civil or criminal, and trial by a jury of twelve men shall be had in said court when so demanded. A jury shall be selected as follows: In civil cases each side to have six strikes, and in criminal cases the defendant to have seven strikes and the State five. And the said judge of the city court of Sylvester shall have power to summon as many jurors instanter as is necessary for the trial of any case in said city court when a jury or juries shall be out on any case and another jury case is called and the parties thereto announce ready. During each quarterly term of said court the presiding judge shall open court and draw from the jury box the names of twenty-four jurors, who shall compose the jury for the next quarterly term thereof; provided, if from any cause the jury shall not be drawn as aforesaid, the judge of said city court will draw them at some monthly term. Panel of twenty-four. Trial by twelve. Selection of jurystrikes. SEC. 39. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court. All proceedings as to accusations shall conform to the rules governing like cases in the superior court, except there shall be no jury trials unless demanded by the accused, as hereinbefore provided; in all cases tried, the accusation shall set forth the offense charged with the same particularly, both as to the matter and form and substance as is required by the laws and rules of criminal pleadings to be observed after the manner of bills of indictment in the superior court. Upon accusations being filed the judge shall issue a bench warrant in the same manner and to the same effect as if done by the judge of the superior court upon indictment being filed, all laws with reference to indictments in superior court being hereby made applicable to accusations in this court. Trial on accusation in criminal cases. SEC. 40. Be it further enacted by the authority aforesaid,

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said, That it shall be the duty of all committing courts of Worth County to bind over to said city court all persons committed or admitted to jail for misdemeanors, and all persons charged with such offenses in Worth County may be brought directly before the judge of said city court for trial without previous committing trial. When any person is committed to jain in said county for an offense within its jurisdiction it shall be the duty of the jailer to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge upon receiving such information in any manner to grant a speedy trial as the circumstances of the case will admit. Said city court shall at all times be open for the trial of criminal cases. Committing courts to bind over. Speedy trial. SEC. 41. Be it further enacted by the authority aforesaid, That the judge of the superior court of Worth county may, by order, in term or vacation, transmit to said city court for trial and final disposition any 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 of record in both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant in such cases shall be bound to appear at said city court at its first quarterly session sitting after such bill is transferred and from term to term and from day to day thereafter until said indictment shall be disposed of. Transfer of indictments from superior to city courts. Bonds follow transferred cases. SEC. 42. 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 waiver in pleading and procedure and all matters pertaining to the same shall be allowed and upheld by the laws and rules governing parties in the superior court. Pleading, procedure and waiver. SEC. 43. 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 upon the same grounds and conditions, laws and regulations governing the granting of new trials in the superior courts. All rules of pleading,

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practice and procedure governing motions, rules nisi and other proceedings in regard to new trials in the superior courts, shall apply to and govern the 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 the city court within five days after the rendition of the judgment complained of; provided, that for good cause shown, time may by order be granted, in the discretion of the judge of said court. In all other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Time for filing and hearing motion. SEC. 44. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint provisors, co-partners, or joint trespassers in which any one or more resides within the county of Worth, may be brought in said court within its jurisdiction already stated, under the same rules and regulations governing such cases in the superior court, after making the necessary changes as to copies, second originals, returns and other matters connected with the suit. Joint obligors, etc., suits against. SEC. 45. Be it further enacted by the authority aforesaid, That this Act shall not become operative until the same shall have been ratified by a majority of the votes cast at the next primary election for State house officers in Worth County, to be held on the 19th day of August, 1914, at which primary there shall be printed upon the tickets, For ratification city court Act, and Against ratification city court Act, and if a majority of the votes cast in said county shall be for ratification of this city court Act, the same shall become operative as provided in this Act. This Act, to be effective, must be ratified by popular vote. Form of ballots. SEC. 46. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1914.

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TITLE II. COUNTY MATTERS. ACTS. Ben Hill County Commissioners, Repealing Act. Ben Hill County Commissioners Created. Bibb County Commissioners, Bond Issue by. Campbell County Commissioners, Amending Act. Catoosa County Board, Road Tax Act Repealed. Charlton County Commissioners, Election of. Chattooga County, Amendment of Act Incorporating Menlo School District. Dade County Commissioners Created. Dodge County Commissioner, Repealing Act. Dodge County Commissioners Created. Dodge County, Primary Elections in. Dougherty County Commissioners, Amending Act. Douglas County, Killing of Squirrels in. Elbert County, Repeal of Local Liquor Law. Floyd County, Control of Bridges in Rome. Glynn County, Public Instruction in. Greene County Commissioners, Repealing Act. Greene County Commissioners Created. Habersham County, Killing of Foxes in. Hall County Commissioners, Election of. Hart County Commissioner, Repealing Act. Hart County Commissioner and Board of Finance Created. Henry County Commissioner, Repealing Act. Jones County Commissioner, Amending Act. Laurens County Commissioners Created. Laurens County Commissioners, Repealing Act. Madison County Commissioners, Repealing Act. Madison County Commissioner Created. Montgomery County Commissioners, Repealing Act. Montgomery County Commissioners Created. Polk County, Line of Rockmart School District Changed. Pulaski County Commissioners Created. Putnam County Commissioners, Amending Act. Richmond County Board of Education, Candidates for Membership. Toombs County Commissioners, Amending Act. Toombs County Roads and Bridges. Union County Commissioners Created. Ware County Commissioners, Amending Act. BEN HILL COUNTY COMMISSIONERS, REPEALING ACT. No. 501. An Act to repeal an Act entitled An Act to prescribe the duties and powers of the commissioners of roads and

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revenues in and for Ben Hill County; to fix their salaries and respective terms of office; to provide methods for the election of the successors of such officers, and for other purposes, which was approved on August 22, 1907, and published in Georgia Laws for 1907, pages 260, et seq., as amended by the Act approved August 13, 1910, and published in Georgia Laws for the year 1910, pages 237, et seq.; and as further amended by an Act approved July 30, 1913, and published in Georgia Laws for the year 1913, pages 327, et seq.; and to further provide when and how this Act shall become effective, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act approved August 22, 1907, creating a board of county commissioners of roads and revenues for the county of Ben Hill; defining their duties and powers and fixing their compensation, as amended by the Act approved August 13, 1910, and as further amended by the Act approved July 30, 1913, be, and the same is, hereby repealed. Act of 1907 repealed. SEC. 2. Provided, however, that this Act shall not become effective or of force until January 1, 1915, and in no event shall the foregoing Act become effective or of force unless the majority of the qualified voters, of Ben Hill County, voting at the general election held on the third Wednesday in October, 1914, shall vote in favor thereof. Said election shall be held, managed, and the votes canvassed and result declared in the same manner as regular elections are now held for the election of members of the House of Representatives of the State of Georgia. At the said election all citizens who shall have paid their State and county taxes prior to the year 1914, and who shall have registered for the general election to be held on the third Wednesday in October, 1914, shall be qualified to vote. Those voting in favor of this Act shall have printed or written on their ballots

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the following words: For the repealing Act as provided by the Act of the General Assembly of 1914. Those opposed thereto shall have printed or written on their ballots the following words: Against the repealing Act as provided by the Act of the General Assembly of 1914. If a majority of the votes cast in said election are in favor of this Act, the same shall thereupon become a law. If the majority of the votes so cast are against this Act, the same shall not become a law. Proviso. Effective Jan. 1, 1915, if favored by popular vote. Form of ballots. 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 15, 1914. BEN HILL COUNTY COMMISSIONERS CREATED. No. 502. An Act to create the office of commissioners of roads and revenues in and for Ben Hill County; to provide for the method of the election of such officers; to prescribe their duties and powers; to fix their salaries and term of office; to provide when and how this Act shall become effective, 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 there shall be three commissioners of roads and revenues in and for Ben Hill County, whose term of office shall begin on January 1, 1915, and continue for two years or until the election of their successors in office. Three commissioners created. Term of office. SEC. 2. Be it further enacted by the authority aforesaid, That each of the persons as may hereafter be elected as

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county commissioners shall, before entering upon the performance of their duties, take and prescribe before the judge of the superior court of said county, or the ordinary of said county, an oath to faithfully perform the duties of a commissioner of roads and revenues under this Act and under the laws of this State. Oath. SEC. 3. Be it further enacted by the authority aforesaid, That said board of county commissioners and their successors are hereby empowered to exercise jurisdiction over all county matters, set forth by general enactment, as well as all matters specially mentioned in this Act. The said board of county commissioners shall hold their regular meetings on the first Monday in each month at the court house, or some other convenient place in the city of Fitzgerald, beginning on the first Monday in January, 1915; provided, that the regular time of meeting may be changed to some other day of the month by order on their minutes, of which due notice shall be given by publication in the official newspaper of said county; and provided, further, said commissioners may hold separate sessions at any time they may see fit and proper, or may be called together by the chairman of said county board for county purposes. Jurisdiction. Meetings. SEC. 4. Be it further enacted by the authority aforesaid, That a majority of said commissioners shall constitute a quorum to transact business or exercise any powers herein delegated pertaining to the duties of said commissioners. Quorum. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioners at their first meeting, shall elect one of their number as chairman, whose duty it shall be to preside at all meetings and to sign as chairman all orders and processes of said commissioners, and such chairman shall have the right to make or second motions just as any other member of the board. Chairman's duties. SEC. 6. Be it further enacted by the authority aforesaid, That said board of county commissioners shall have exclusive jurisdiction when sitting for county purposes over the

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following subject-matters, to-wit.: In building 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 special taxes for particular or special purposes, according to provisions of the Code and special enactments of the General Assembly. Third. In establishing, altering, building and abolishing all public roads, bridges, ferries in the county of Ben Hill in conformity with law. Fourth. In establishing and changing election precincts and lines of militia districts. Fifth. In examining, settling and allowing all claims against the county of Ben Hill. Sixth. In examining and auditing the accounts of all county officers who receive or pay out moneys of the county or the State and concurrent jurisdiction in renewing, either by themselves or their appointees, all records of county officers as required to be kept by law. Seventh. In making such rules and regulations for the maintenance and support of the poor of the county of Ben Hill, and for the promotion of health, as are permitted by law, and to them may seem right and proper. Eighth. To exercise such other powers over county matters as are not in conflict with existing laws. Exclusive jurisdiction of what matters. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall furthermore have power to exercise exclusive and original jurisdiction and control in Ben Hill County over all county matters that are now vested by law in the ordinaries of the counties of the State, so far relating to public roads, bridges, public buildings, property, misdemeanor and other convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing money for county purposes, and the execution of all laws with reference thereto. Further powers stated. SEC. 8. Be it further enacted by the authority aforesaid, That said county commissioners shall not purchase directly or indirectly materials, live stock, supplies or other articles for any department of the county, from himself or from any co-partnership in which he may be interested either directly

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or indirectly, nor from any person directly or indirectly in his employ in any capacity whatsoever. Purchases of supplies, etc. Whenever twenty-five qualified voters of the county of Ben Hill shall make written complaint on information and belief to the judge of the superior court of said county or to the ordinary, that any of said commissioners have been guilty of a violation of the foregoing provisions of Section 8, of this Act, the said judge of the superior court or the said ordinary shall cause to be made before him to whom complaint is made an investigation of said charges at which investigation the accused shall have the benefit of counsel, if desired, and if said judge or ordinary shall find the said commissioner guilty of the violation or violations charged, the said commissioner shall within three days be removed from office by a written order of the said judge or said ordinary trying the charges, which order shall be recorded on the minutes of the board of commissioners, and the said ordinary of the county of Ben Hill shall appoint a successor to said commissioner as provided by Section 16 of this Act. The accused, if tried before the ordinary, shall have the right to appeal to the judge of the superior court, who shall hear the cause without a jury and in a final judgment either in vacation or in term time. Each grand jury charged by law with the duty of investigating the books and records and acts and doings of the county commissioners shall make or cause to be made special investigation with a view of ascertaining whether or not any commissioner or commissioners have been guilty of violating any of the provisions of the first paragraph of this section of this Act, and in such grand jury's general presentments a report must be embodied that such special investigation has been made and the results thereof specifically stated; if such results show that any commissioner or commissioners have been guilty of such violation or violations, then there shall be stated in such general presentments the particulars of such violation and thereupon the court shall proceed to cause to be made before it an investigation as is contemplated in the second paragraph of this section, just as if the complaint therein specified had been made to it, and with

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the same duty, authority, jurisdiction and power of summary removal. And the judge of the superior court shall, in his charge to each grand jury whose duty it is to make such investigation, before entering upon its work for the term, give specially in charge the provisions of this section of this Act. Investigation of complaint. Removal from office. Appeal, right of. Grand jury shall inquire. Charge to grand jury. SEC. 9. Be it further enacted by the authority aforesaid, That said county commissioners are hereby empowered to establish and maintain a county chaingang for the misdemeanor convicts of said county and for such other convicts as the county authorities are authorized by law to work upon a county chaingang, and to work the same upon the public roads of the county. Chaingang. SEC. 10. Be it further enacted by the authority aforesaid, That the treasurer of the county of Ben Hill shall not disburse or pay out any of the funds from the county treasury on any order, or warrant, unless the same shall have been signed by the chairman of said board and its clerk; provided, this shall not apply to jury script and such orders drawn by the judge of the superior court or city court of Fitzgerald, in which said judge has exclusive jurisdiction. Before the chairman and clerks shall have the authority to draw any warrant, or order, on the treasurer of the county for the payment of any money, except in the instances mentioned in the last clause of the preceding sentence, there must be filed by the person in whose favor the order is drawn, an itemized, verified statement of the claim or account, which statement shall be in duplicate, one copy of which shall be filed in the office of the ordinary of the county and another copy in the office of said commissioners and the claim shall be ordered paid by the action of said board in meeting assembled, which said last fact shall appear on the minutes of the meetings of said board. It shall be the duty of the clerk of the said board of commissioners to see that such statement of the claim or account in the ordinary's office bears number corresponding to the one in the office of said commissioner, and the warrant or order drawn shall be so numbered or marked as

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to identify the particular statement in payment of which it was given. It shall be the duty of the commissioners to furnish to the ordinary at the county's expense suitable cabinets, or other furniture for the filing of the said verified statements. Orders or warrants to be signed by chairman. Itemized and verified statement to be filed. Duty of clerk. Filing of statements. SEC. 11. Be it further enacted by the authority aforesaid, That the board of commissioners may elect their own clerk and attorney with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well-bound book to be provided at the expense of the county, full and accurate records of minutes of all their transactions, to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any tax payer of the county on demand. Clerk and attorney of board. Minutes, records, etc. It shall be the duty of said commissioners to prepare once each three months an itemized statement of all expenditures and disbursements made by them, which statement shall show the number of orders, of warrants drawn by them on the treasurer, the amount of each order or warrant and the person in whose favor same was drawn, a copy of which itemized statement shall be filed in the office of the ordinary of the county and one copy kept of file in the office of said commissioners. Said commissioners shall also cause to be published at the county's expense in the official organ of said county an abstract of each of said itemized statements. Statement of disbursements and expenditures to be filed. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall require said clerk, before entering upon the discharge of his duties to take the same oath taken by them, and enter into bond with good security payable to said commissioners and their successors

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in office, conditioned to well and truly perform and do the duties of said office, such bond to be in the sum of $1,000.00, and to be approved by said board. Oath and bond of clerk. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the sheriff of said county to attend all meetings of said board, and to serve all processes, orders, writs, or notices issued by said board, for which services said sheriff shall receive such compensation as may be agreed upon by him and the board; provided, however, that if such board and the sheriff cannot agree as to the compensation he is to receive in said duties then the ordinary of the county shall have the right to determine what is proper compensation for his services. Sheriff's duties and compensation. SEC. 14. Be it further enacted by the authority aforesaid, That said commissioners shall receive two hundred ($200.00) dollars each per annum for their services as county commissioners, to be paid by the treasurer of the county on an order drawn by the order of the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury and military duty, and shall be subject to punishment for malpractice in office in the same manner as justices of the peace. Pay of commissioners, how drawn. Exemptions. SEC. 15. Be it further enacted by the authority aforesaid, That on the third Wednesday in October 1914, and every two years thereafter there shall be elected three commissioners of roads and revenues in and for said county, who shall hold office for a term of two years from and after the first day of January following such election and until their successors are elected and qualified. Election and term of office. SEC. 16. Be it further enacted by the authority aforesaid, That all vacancies in said board of commissioners of roads and revenues shall be filled by the ordinary of said county. Vacancies. SEC. 17. Be it further enacted by the authority aforesaid, That said commissioners shall be commissioned by the Governor as provided by law for county officers. To be commissioned by Governor.

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SEC. 18. Be it further enacted by the authority aforesaid, That this Act shall not become effective in any event unless House Bill No. 1017, now pending and designed to repeal an Act, approved August 22, 1907, and published in Georgia Laws for 1907, pages 260 et seq., and other Acts amendatory thereof, are passed by both Houses of the General Assembly, approved by the Governor, and ratified and made effective by the voters of Ben Hill County as provided for in said bill. Effective if preceding Act ratified at election. 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 15, 1914. BIBB COUNTY COMMISSIONERS, BOND ISSUE BY. No. 364. An Act to authorize the county board of commissioners for Bibb County to issue and sell bonds of said county for any or all of the following purposes and to the amount specified for each purpose respectively, to-wit.: (1) For building permanent county bridges not exceeding $250,000.00 of bonds; (2) for purchase of road building and road working machinery and for the construction of permanent public roads other than dirt roads not exceeding $1,000,000.00 of bonds; (3) for providing, acquiring, constructing and equipping a public hospital for the care of the needy and indigent poor of said county, bonds in an amount not to exceed one hundred and fifty thousand ($150,000.00) dollars; to provide for calling an election by the qualified voters of said county to determine the

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question whether said bonds for any or all of said purposes shall be issued; to provide for the payment of the principal and interest of said bonds, and for other purposes. SECTION 1. The General Assembly of the State of Georgia does hereby enact, That the board of county commissioners of Bibb County be, and they are, hereby authorized and empowered to issue and sell in the name and behalf of said county, coupon bonds of said county for any or all of the following county purposes, and to the amounts herein specified for each purpose, respectively, to-wit.: (1) For building permanent county bridges, bonds in an amount not exceeding two hundred and fifty thousand ($250,000.00) dollars; (2) for purchase of road building and road working machinery and for the construction of permanent public roads other than dirt roads, bonds in an amount not exceeding one million ($1,000,000.00) dollars; (3) for providing, acquiring, constructing, and equipping a public hospital for the care of the needy and indigent poor of said county, bonds in an amount not to exceed one hundred and fifty thousand ($150,000.00) dollars; said bonds, if and when issued to be designated as Bridge Bonds, and Road Bonds and Hospital Bonds, respectively. Coupon bonds, issue and sale of. Purposes and amounts. SEC. 2. Be it further enacted, That the said bonds or any part of them shall not be issued and sold until two-thirds of the qualified voters of said county have authorized and assented to the issuance of the same at an election to be called and held for that purpose, as provided in Sections 440, 441 and 442, of Volume one, of the Code of Georgia of 1910. Must be authorized by popular vote. SEC. 3. Be it further enacted, That said bonds if the issuance of the same be authorized at said election, shall not be sold for less than par, and said bonds shall all become due and payable, principal and interest, within thirty years from the date of their issue. The principal of said bonds shall mature annually in such amounts or installments as the board of county commissioners may in their

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discretion fix and determine. They shall bear interest at a rate not exceeding five per cent. per annum, payable semi-annually covered by interest coupons attached thereto. Said bonds shall be payable, principal and interest, in gold coin of the United States of the present standard of weight and fineness. Not to be sold for less than par. When due and payable. Interest rate, payable semi-annually. SEC. 4. Be it further enacted, That the said board of county commissioners shall have full power and authority to determine and fix at their discretion, the respective amounts, not to exceed the maximum amounts herein authorized, to be submitted to the qualified voters for ratification for each of said purposes; the denominations of said bonds; the manner in which said bonds and the interest coupons attached thereto, shall be executed; at what time or times; and in what amounts and in what manner the said bonds shall be issued and sold; and the amount of the principal of said bonds which shall mature and be retired each year; when the principal so maturing each year, and the semi-annual interest accuring each year, shall be due and payable, the place and manner of payment of said bonds; how the said bonds may be registered; when they shall be fully paid off, and all other questions and details incident to the lawful issuance, sale, and payment of said bonds not in conflict with the provisions of this Act. Power and discretion of commissioners. SEC. 5. Be it further enacted, That said county board of commissioners are hereby empowered to order and hold an election by the qualified voters of Bibb County to determine the question whether said bonds for any or all of said purposes shall be issued; and provision shall be made in said election for submission of the question in such manner that a separate vote upon each class of bonds may be had, so that the voters at such election may vote for or against any or all of the proposed bond issues. Election by qualified voters. SEC. 6. Be it further enacted, That in the event the said bonds or any of them are issued and sold, said board of county commissioners shall at, or before, the time of issuing the same provide for the assessment and collection of an

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annual tax sufficient in amount to pay the principal and interest of said bonds within thirty years from the date of their issue. Annual tax to pay bonds. SEC. 7. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1914. CAMPBELL COUNTY COMMISSIONERS, AMENDING ACT. No. 348. An Act to amend an Act approved February 8, 1874, entitled An Act to create a board of commissioners of roads and revenues for the county of Campbell, define their powers and duties, and for other purposes, so that three of the successors of the members of the present board shall hold office for a term of four years, and two of the successors of the members of the present board shall hold office for a term of two years and their successors shall each hold office for a term of four years, and so that the clerk of said board shall be paid a monthly 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 on and after the passage of this Act, that the above recited Act be amended by striking all of Section 2, of said Act, and inserting in lieu of said stricken section a new section, to be known as Section 2, as follows: Section 2. The successors of the present commissioners shall be elected in 1916, at the time and in the manner of the election of county officers, and shall begin their terms on

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the first day of January, 1917, and their terms of office shall continue respectively, three for four years and two for two years, and until their successors are elected, qualified and commissioned by the Governor. 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 of members of said Board, after the expiration of the terms aforesaid (except unexpired terms), shall continue four years and until their successors are elected, qualified and commissioned. The times and manner of all other elections for members of said board shall be the same as are now or may be provided by the law relating to the election of county officers. Any vacancy occurring either in the present board or any subsequent board shall be filled by the remaining commissioners and the person chosen to fill such vacancy shall hold his office only for the unexpired term of such outgoing commissioner, and no person shall be eligible as such commissioner, who has not been a resident of said county at least one year next preceding his election. Act of 1874 amended. Election of commissioners, and terms of office. Eligibility. SEC. 2. Be it further enacted, That the above recited Act be amended by striking from Section 7, of said Act, the following words and phrases, where same occur: And the ordinary of said county shall act as ex-officio clerk of said board of commissioners, and for his services shall receive fifty dollars per annum, and inserting in lieu thereof the following: And said board is authorized to employ a clerk at a salary not to exceed fifty dollars per month, who shall serve without term, and subject to the will of said board, so that said section when amended shall read: Section 7. That said commissioners shall be exempt from all road duties and jury duty, and said board is authorized to employ a clerk at a salary not to exceed fifty dollars per month, who shall serve without term, and subject to the will of said board. Said board is authorized to buy books and stationery for their use, to be paid for by the treasurer of the county, by order of said commissioners. Clerk, and his salary. Exemptions. Books and stationery.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 7, 1914. CATOOSA COUNTY BOARD, ROAD TAX REPEALED. No. 324. An Act to repeal an Act to authorize the board of roads and revenues of Catoosa County to levy a tax of not less than twenty cents per hundred on all the taxable property in Catoosa County, and not more than fifty cents per hundred on all the taxable property in said county for the purpose of building and improving the public roads and highways in said county, and for other purposes, approved August 11, 1913. SECTION 1. 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 11, 1913, being number 73, and entitled an Act to authorize the board of roads and revenues of Catoosa County to levy a tax of not less than twenty cents per hundred on all the taxable property in Catoosa County, and not more than fifty cents per hundred on all the taxable property in said county for the purpose of building and improving the public roads and highways in said county, and for other purposes, be, and the same is, hereby repealed. Act of 1913 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 July 29, 1914.

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CHARLTON COUNTY COMMISSIONERS, ELECTION OF. No. 317. An Act to amend the Act approved July 30, 1913, amending the Act creating board of county commissioners for Charlton County so as to provide from what militia district the commissioners shall be elected. 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 July 30, 1913, amending the Act creating the board of commissioners for Charlton County be, and the same is, hereby amended by adding a new section to be Section 3, and changing the section numbered three to four, said new section to read as follows: Be it further enacted, That of the four commissioners to be elected at the October election, 1914, one shall be from the 1545th district G. M., said county; one from the 1142d district G. M., said county; one from the 1220th district G. M., said county; and one from the 1195th district G. M., said county; and the three elected at the 1916 election shall be chosen from the remaining districts of said county. Militia districts to be represented. 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, 1914. CHATTOOGA COUNTY, MENLO SCHOOL DISTRICT. No. 331. An Act to amend an Act approved August 22, 1905, incorporating the Menlo School District in the county of

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Chattooga, said State, by adding to said Act a new section to be known as Section Two A, which section shall read as follows: Be it further enacted by the authority aforesaid, That in addition to the powers and authority given the trustees, as designated in Section 2 of this Act, the said trustees, shall whenever they deem it necessary, have the power and authority, to call an election of the qualified voters in said school district, after advertising the same for the period of thirty days, in the Summerville News, for the purpose of issuing bonds for the purpose of buying, building and maintaining school property, personal and real, in said school district, the amount of said bonds not to exceed the sum of twelve thousand dollars, said bonds to bear interest at the rate of five per cent. per annum, the interest on said bonds shall be paid annually and the further sum of four hundred dollars of the principal shall be paid annually, said bonds to run for the period of thirty years; provided, it shall require a two-thirds vote of those voting at an election held for the purpose of putting into effect this section; provided, further, that an election on this question shall not be held oftener than once every six months in said school district. The expenses for holding the election or elections provided for in this section, shall be paid out of the school funds in the hands of the trustees of said school district, and the election or elections held under the same rules and regulations as county elections are held in the county of Chattooga. Bond issue, election for. Interest rate and payment. Elections, when held. Expenses thereof. Approved July 29, 1914. DADE COUNTY COMMISSIONERS CREATED. No. 491. An Act to create a board of commissioners of roads and revenues for the county of Dade; to provide for the

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selection of said commissioners who shall constitute the board; to prescribe their terms of office, their duties, fix their 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 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 Dade is hereby created; said board of commissioners of roads and revenues shall be qualified voters of said county and shall be bona fide residents and freeholders thereof. Board created. Eligibility. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be three commissioners of roads and revenues, constituting the membership of said board, and one of them shall be elected from each of the road districts of said county, as hereinafter defined; for the purpose of this Act, the county of Dade shall be divided into three road districts, composed from the militia districts of said county, as follows: Road district No. 1, shall be composed of 1089, 974, and 873 militia districts; road district No. 2, shall be composed of 1222, 1037, 960 and 1214 militia districts; road district No. 3, shall be composed of 875, 1038 and 1129 militia districts. Three to be elected from road districts. Road districts defined. SEC. 3. Be it further enacted by the authority aforesaid, That until the membership of said board shall be elected as hereinafter provided, three commissioners shall be elected at the general election for members of the General Assembly in 1914, in same manner and with the same qualifications as herein provided for their successors, who shall, when elected, immediately qualify and enter upon the duties of their offices, who shall serve until January 1st, 1917, or until either of their successors shall be elected and qualified. The term of office of the succeeding commissioner in each district shall be for a term of two years, beginning with the first of the year next succeeding the general election of 1916, at which he is elected, and at the general election for county officers. Only the qualified voters from the road

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districts from which each commissioner is to be elected shall be qualified to vote for commissioner. Three to be elected at next general election. Term of office. SEC. 4. Be it further enacted by the authority aforesaid, That said Board shall have regular stated meetings, which shall be on the first Tuesday in each month and as often thereafter as the board may see necessary to have. The following officers shall be elected by the board, a chairman and a vice-chairman from the membership of said board, and the ordinary of said county, by virtue of his office shall be designated as secretary of said board, whose compensation shall be determined by said board. All warrants issued or contracts entered into by said board shall have the approval of the herein named officers and a record of all vouchers and copies of all contracts shall be kept in the office of the secretary of said board for public inspection. Meetings. Officers. Ordinary is secretary ex-officio. His compensation. SEC. 5. Be it further enacted by the authority aforesaid. That in case of a vacancy in the membership of said board by death, resignation or removal, it shall be the duty of the ordinary of the county to appoint some person to fill such unexpired term of office and who shall have the same qualifications required for elective members of said board. Vacancies, how filled. SEC. 6. Be it further enacted by the authority aforesaid, That said Board shall have sole and exclusive superivision over the building and constructions of the macadamized or cherted thoroughfare road extending through said Dade County, terminating on the north at the intersection of the Tennessee State line, and terminating on the south at the intersection of the Alabama State line. Roads, supervision of. SEC. 7. Be it further enacted by the authority aforesaid, That said board shall have the right to dispose of sufficient bonds of said county, now on hand, for the specific purpose of building said macadamized road and to receive the money for the same, and to contract the building and construction of said road and receive the same when it is completed, either in part or as a whole as they may see proper to direct. Sale of bonds to build road.

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SEC. 8. Be it further enacted by the authority aforesaid, That said board shall have the right to do any and all other acts necessary to the building and construction of said road, not herein mentioned, and that the supervision of and powers of said board shall be over the said road, and over all the other public roads in Dade County, and as are now vested in the ordinary of said county, sitting for county purposes. The said board hereby being given exclusive jurisdiction and control over all the roads and bridges of said county, and all bond issues of said county for road purposes. Jurisdiction and control of all roads. SEC. 9. Be it further enacted by the authority aforesaid, that said board shall give a good and solvent bond in the sum of five thousand dollars, and said bond to be secured by some authorized and reputable bonding company and the members of said board shall be paid the sum of two dollars and fifty cents per day each, for the time actually served. Bond of board. Pay for service. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be created a sinking fund, and all money levied for the purpose of retiring these bonds shall be collected by the tax collector of said county and paid into the county treasury and by him placed in said sinking fund for the purpose of retiring said bonded indebtedness at the expiration of twenty years. Said sinking fund shall consist of not less than three thousand dollars per year, the same to be deposited by the treasurer in a good, solvent bank or banks at interest, and shall be paid out by said board of roads and revenues to retire the bonds as they become due. In addition to said sinking fund said board shall levy a tax sufficient to pay the interest on said bonds, which tax shall be levied annually and be collected in the same manner as the sinking fund, and paid out by said board from time to time as interest on said bonds may become due, the interest so levied and collected being decreased from year to year by the amount earned as interest upon the sinking fund deposited as aforesaid, and which

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interest on the said sinking fund shall be collected and paid out by the said board upon the interest accruing on said bonds. Sinking fund to retire bonds. 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 15, 1914. DODGE COUNTY COMMISSIONER, REPEALING ACT. No. 352. An Act to repeal an Act approved August 19, 1912, entitled 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 powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes; and an Act amendatory thereof, approved August 16, 1913, entitled An Act to amend an Act approved August 19, 1912, being 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 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 Georgia, and it is hereby enacted by authority of the same, That an Act, approved August 19, 1912, entitled, An Act to create the office of commissioner of roads and revenues in and for Dodge County, provide the methods for the election

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of such officers, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes, be, and the same is, hereby repealed. Act of 1912 repealed. SEC. 2. Be it further enacted, That an Act approved August 16, 1913, entitled, An Act to amend an Act, approved August 19th, 1912, being an Act to create the office of commissioner of roads and revenues in and for Dodge County; to provide the methods of the election of such officer, prescribe his duties, powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes, be, and the same is, hereby repealed. Act of 1913 repealed. SEC. 3. Be it further enacted by the authority aforesaid, That none of the provisions of this Act shall become effective until a companion bill entitled, An Act to establish a board of five commissioners of roads and revenues in and for the county of Dodge, provide the method of electing the members of said board, prescribe their duties and powers, fix their salary and term of office; provide for the management of the business and financial affairs of Dodge County; for the recall of the members of said board, and for the submission of this Act to the qualified voters of Dodge County for ratification or rejection at an election provided for that purpose, and for other purposes, shall have been ratified by the qualified voters of the county of Dodge, according to the provisions of the above described companion bill. Effective only if companion Act be ratified at election. SEC. 4. Be it further enacted by the authority aforesaid, That upon the ratification of the said companion bill described in Section 3, of this Act, according to the provisions thereof, all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 7, 1914.

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DODGE COUNTY COMMISSIONERS CREATED. No. 417. An Act to establish a board of five commissioners of roads and revenues in and for the county of Dodge, provide the method of electing the members of said board, prescribe their duties and powers, fix their salary and term of office, provide for the management of the business and financial affairs of Dodge County; for the recall of the members of said board, and for the submission of this Act to the qualified voters of Dodge County for ratification or rejection at an election provided for that purpose, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of five commissioners of roads and revenues in and for the county of Dodge is hereby created and established. Said board shall consist of five citizens of said county, one of whom shall be elected from each of the five road districts hereinafter specified, and who shall be a bona fide resident of the district from which he is elected. Any citizen of said county who is eligible to hold county offices in said county shall be eligible to membership on said board, and any citizen qualified to vote in elections held for the election of county officers shall be qualified to vote in any election held to choose any one or all of the members of said board. Board of five created. Road districts to be represented. Eligibility. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act the said county of Dodge is hereby divided into five road districts, as follows, to-wit.: District No. 1, composed of Lee's district, Georgia militia; district No. 2, composed of Pondtown, Mitchell and Vilula districts, Georgia militia; district No. 3, composed of Jone's, Clark's and Chauncey, Georgia militia; district No. 4, composed of Mullis, Rawlins and Plainfield

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districts, Georgia militia; district No. 5, composed of Eddins, Empire and Younker districts, Georgia militia. Road districts defined. SEC. 3. Be it further enacted by the authority aforesaid, That the members of said board shall be elected by the qualified voters of the entire county of Dodge, under the same laws, rules and regulations as govern the election of State and county officials, and any election, either primary, special or general, held for the selection of any one or all the members of said board, shall be held in all the voting precincts of said county. The first election for choosing members of said board shall be held on the same date and in conjunction with the general election for the selection of State and county officials on the first Wednesday in October, 1914, and every two years thereafter an election shall be held on the same date and in the same manner for the purpose of electing members of said board. Election of members of board. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, in conformity with the laws of Georgia and other provisions of this Act, to-wit.: In directing and controlling all the property of the county as they may deem expedient, in levying taxes, in establishing, altering or abolishing roads, bridges and ferries; establishing, abolishing or changing election precincts in militia districts; supervising the books of the tax collector and tax receiver, and allowing the insolvent list 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; in making rules and regulations for the support of the poor of the county, and for the appropriation of funds therefor, and for the promotion of health; electing and appointing all minor officials of said county where an election is not otherwise provided for by law, such as superintendent of roads and guards of convicts or of chaingang, janitor

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at the court house, superintendent of the pauper farm, if such a farm exist, 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 indispensable to their jurisdiction over county matters and county finances that are granted by the general laws of the State, and not in conflict with other provisions of this Act. Matters within the jurisdiction of board. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioners shall have the right to secure convicts from other counties under the legal provisions of the State, or to dispose of the Dodge County in conformity with the law, as they may deem necessary and expedient. Said commissioners shall have the right to employ free labor for the purpose of working the roads and bridges of said county whenever they shall deem it for the best interest of the county, and shall have authority to let out by contract to the lowest bidder the working of any part of the roads of said county after a publication of a sufficient notice of said work by inserting said notice in at least four issues of the official organ of the county and such other newspaper as is deemed desirable 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 on notice of what would be expected of them, shall be stated, and when necessary make out detailed specifications for the benefit of the bidder as well as the county; any contract for work which amounts to more than fifty dollars, the successful bidder shall be required to give a bond for the faithful performance of same, which contract and bid shall be always filed in the office of said commissioners and become the permanent record of the same. Convicts. Free labor for roads, etc. Contract for road working. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the authority to elect a superintendent of roads and bridges for said county; said superintendent shall be a man of good moral character and

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with experience in road building, and shall not be related within the third degree of consanguinity or affinity to any member of the board of commissioners; he shall receive such compensation as the commissioners may fix, not to exceed the sum of eighteen hundred dollars per annum. Said superintendent may also be the convict warden of said county, but aside from the duties of warden, if also elected to that position, he shall not engage in any other business, trade or profession while acting as such superintendent or superintendent and warden; for inefficiency or neglect of duty, he shall be subject to removal in the discretion of the commissioners; before entering upon the performance of his duties, he shall give bond in an approved surety company in the sum of five thousand dollars, conditioned upon the honest and faithful performance of the duties of such superintendent, said bond to be payable to the board of commissioners and their successors in office; he shall also take oath before the ordinary of said county that he will faithfully discharge all duties devolving upon and required of him; his duties shall be such as are prescribed by said board and not inconsistent with the law. Superintendent of roads and bridges. His pay. Warden of convicts. Bond. Oath. SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners shall hold at least one regular meeting at the court house in each month for the transaction of county business at such time as shall be agreed upon and advertised. Said board shall elect its chairman and shall make such rules and regulations not inconsistent with the provisions of this Act or contrary to law for its own government as it may deem best. Meetings of board. SEC. 8. Be it further enacted by the authority aforesaid, That said board of commissioners shall cause to be published, through its clerk, said clerk being elsewhere provided for in this Act, in the official organ of the county and such other newspaper as may be deemed advisable, monthly reports of expenditures and disbursements, and such reports shall not be mere ledger balances, but plain statements of money received and from what source and how expended, and for what purpose, and to whom paid,

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so that any man of average experience can understand what has been done with the county's money. Monthly reports of expenditures to be published. SEC. 9. Be it further enacted by the authority aforesaid, that said board of commissioners shall not hire or employ or contract with any member of said board for county supplies or any work to be done upon the roads and bridges of said county. Said board of commissioners shall not hire or employ or contract with any one related within the third degree of consangunity or affinity to any member of said board, for county supplies or work to be done upon the roads or bridges of said county except such work to be done or supplies to be furnished shall be let to the lowest and best bidder, after having advertised for bids for said supplies or work in at least two issues of the official organ of said county and such other newspaper as is deemed necessary or advisable. Supplies or work, board members not interested in. Let to lowest bidder. SEC. 10. Be it further enacted by the authority aforesaid, That three members of said board of commissioners shall constitute a quorum, and 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. Quorum. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners, during their term of office, are exempt from militia, road and jury duty. Exemptions. SEC. 12. Be it further enacted by the authority aforesaid, That the said commissioners shall elect a clerk of said board, who may be one of their own number, whose duty it shall be to attend all meetings of said board and to keep a full record of all its proceedings, and to keep on file, and preserve all papers relating to its business; to keep in a special book a statement of all taxes levied, and for what purpose, and also an inventory of all county property, including all road machinery, live stock, chaingang outfits and road working tools; to keep in a record separate from other financial affairs of the county an accurate and itemized

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accounts of all expenditures applied to the working of the convicts and for all supplies, and pay of guards furnished in behalf of chaingang; he shall also keep a separate book in which shall be kept an account with overseers of the county for commutation tax collecting, 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 each account; he shall also keep a book, to be known as his record of county vouchers, in which shall be kept a complete record of all warrants or vouchers drawn on the treasurer 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 approved by the board of commissioners and signed by the chairman thereof, and he shall register each voucher and shall certify on the face of each and every voucher the date and fact of its record, and the treasurer of Dodge County shall not pay any warrant, voucher or charge against said county unless the same has been registered and certified in compliance with this section; he shall prepare and publish monthly as provided elsewhere in this Act, a statement of the receipts and disbursements of said county; said clerk shall receive such compensation for the performance of his duties as the board may fix, not to exceed nine hundred dollars per annum, which compensation shall be fixed by the board prior to his election, 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; said clerk shall occupy the office of said board of commissioners at the court house, and shall keep the same open at least six hours per day on all days except Sunday for the performance of his duties and for the accommodation of the public having business with said board of commissioners; said office hours shall be fixed by said board of commissioners;

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said clerk shall give bond in the sum of five thousand dollars in an approved surety company for a faithful discharge of his duties, said bond to be made payable to the said board of commissioners and its successors in office; he shall also take oath before the ordinary of said county, before entering upon the discharge of his duties, that he will honestly and faithfully discharge the same. Clerk of board, and his duties. Clerk's pay. Proviso. Office of board to be kept open. Bond of clerk. Oath. SEC. 13. Be it further enacted by the authority aforesaid, That the members of said board of commissioners shall each receive for their compensation the sum of four dollars per day for each day of actual service, provided that no member of said board shall receive as such compensation more than the sum of twelve dollars per month, with the exception of the chairman, who may by a vote of three other members of said board, when the interests of the county are deemed to demand the same, be allowed ten days of actual service in any month and compensated therefor at the rate of four dollars per day, but in no case shall the excess compensation be allowed said chairman unless the same shall have been authorized in advance of the service for same by a vote of three other members of said board, as above set out. The said commissioners shall, at their first meeting, elect a chairman from their own number, fix his term, and prescribe his duties in such manner as shall not conflict with the provisions of this Act. Said commissioners shall give bond in the sum of five thousand dollars each in an approved surety company, said bond to be approved by the judge of the superior court of said county, payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of their duties as commissioners. Before entering upon their duties as commissioners each of said commissioners shall take and subscribe to the following oath before the ordinary of said county: I..... do solemnly swear that I will to the best of my knowledge and ability perform the duties incumbent upon me as commissioner of roads and revenues, of Dodge County, honestly, conscientiously and faithfully, and that I will not accept or receive any rebate, expense account, transportation or other valuable consideration

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in connection with or through the purchase of any supplies for said county, the awarding of any contract for said county or in the employment of any one whose salary is to be paid from the county treasury. The compensation of said commissioners as fixed above shall be paid from the county treasury in the same manner as other expenses of the county are paid. Compensation of board members. Chairman of board. Bond of commissioners. Oath. Pay of commissioners. SEC. 14. Be it further enacted by the authority aforesaid, That the expense of furnishing all bonds required under the provisions of this Act shall be paid for from the county treasury in the same manner as other expenses of said county are paid. Expense of bonds. SEC. 15. Be it further enacted by the authority aforesaid, That said board of commissioners shall be elected at the regular election to be held on the first Wednesday in October, 1914, and the first board of commissioners elected under the provisions of this Act shall serve for a term of two years and two months, from the first day of November, 1914, to the 31st day of December, 1916. At the regular election for state and county officials on the first Wednesday in October, 1916, an election shall be held for choosing the members of said board of commissioners, whose term of office shall be for two years, from Dec. 31, 1916, to January 1, 1919, and regularly thereafter every two years a similar election shall be held for choosing said board of commissioners, whose term of office shall be for two years following the expiration of the term for which their predecessors were elected. Election and term of office of board members. SEC. 16. Be it further enacted by the authority aforesaid, That if there should occur a vacancy in the membership of said board on account of death, resignation, removal or other cause, the ordinary of said county shall order an election to be held in all the voting precincts of said county to fill such vacancy from the road district thus without representation, for the unexpired term, of which election he shall give twenty days' notice in the official organ of said county, and such other newspaper as he deems advisable,

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which election shall be held as elections for county officers; said election shall be called within not less than sixty days from the time such vacancy occurred and the ordinary shall perform the duties of the office made vacant until such vacancy is filled as herein provided. Vacancies how filled. SEC. 17. Be it further enacted by the authority aforesaid, That it shall be a misdemeanor for any member of said board of commissioners, their clerical assistant, any one serving under them, or any one employed by said commissioners, to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any supplies for said county, the awarding of any contract for said county, or the employment of any one whose salary is to be paid from the county treasury, and upon conviction shall be punished as prescribed in Section 1065, of the Penal Code of Georgia, of 1910, and shall also be removed from office or discharged from employment. Penalty for having financial interest in purchase, etc. SEC. 18. Be it further enacted, by the authority aforesaid, That said board of commissioners shall expend annually in work upon the public roads of each militia district in said county an amount equivalent to the commutation road tax collected in each of said districts, and the commutation road tax shall become due at the beginning of such period of road work, shall be collected upon the order of the commissioners, and by them applied to work on the roads of the particular district from which it was collected. Such work may be done by the convicts of said county or by free hired labor, but in no case shall free hired labor and the convicts of said county be worked together. Annual expenditure on road work. SEC. 19. Be it further enacted by the authority aforesaid, That if said board of commissioners or any member thereof, fails to faithfully perform the duties of his or their office under the provisions of this Act, whether resulting from physical or mental disability or otherwise, he or they may be recalled and his or their successor elected in the following manner: upon the presentation of a petition of

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one-fifth of all the qualified voters of said county, as shown by the last registration list, and certified to have been fairly obtained by the free will of the signatures thereto, such petition stating their grievances, and asking the recall of said commissioner or commissioners, the ordinary shall order an election for the office or offices within not less than fifty days, nor more than sixty days thereafter. If the commissioner or commissioners seeking to be recalled shall obtain a plurality of the votes cast at such election, he or they shall be sustained and continue in office; if said commissioner or commissioners fail to receive such plurality, the candidate receiving a plurality of all the votes cast in said election shall be declared elected to that office, and shall immediately qualify and enter upon the discharge of his duties; provided, That when the privilege of recall has been exercised, as above provided, said privilege shall not again be exercised until twelve months shall have elapsed following the election held for that particular purpose. Recall of member of board, election for. SEC. 20. Be it further enacted by the authority aforesaid, That the ordinary of said county shall each year employ a competent and expert accountant to audit the books and accounts of said board of commissioners as well as the other records of said county requiring to be audited, same to be paid by proper order from the county treasury. The report of said auditor shall be published in the official organ of the county and such other newspaper as the ordinary may deem advisable, and the expense of same at the legal rate provided by law shall be paid from the county treasury as other expenses of the county are paid. Annual audit of books and accounts. SEC. 21. Be it further enacted by the authority aforesaid, That at the State primary election to be held in said county on the 19th day of August, 1914, the ordinary of said county shall order and provide for an election for the ratification and approval of this Act by the qualified voters of Dodge 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 shall govern the primary election for the nomination of State officials.

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The ordinary shall furnish printed tickets to the managers upon which shall be printed in suitable form the words, For five commissioners of roads and revenues, and below said inscription, and separated therefrom by at least the space of one-fourth of an inch, shall be printed the further words, Against five commissioners of roads and revenues. At said election separate ballot boxes shall be provided in which said ballots for the approval or disapproval of this Act shall be deposited. They shall be counted and separate returns made thereon in separate envelopes to the ordinary, who shall canvass the same and declare the result. If a majority of the qualified voters casting a ballot in said election do not vote For five commissioners of roads and revenues, as is therein shown 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 primary election to be held on August 19, 1914, shall be taken as a test as to who shall be qualified to vote at said election. The managers of said election shall furnish to all electors voting in said election a copy of the ballot above described, to the end that all electors may have the full privilege of expressing their wishes in regard to this Act. If, for any reason, the ordinary of said county shall find it impracticable to submit this Act to the ratification and approval of the voters of Dodge county as provided for above in the primary election on August 19, then and in that event he shall call a special election for that purpose not later than the 15th day of September, 1914, in which special election the approval of said Act shall be submitted to the qualified voters of said county, and in which a majority of the voters casting a ballot therein shall control, and which election shall be held under the same rules and regulations as govern the election of state and county officials. Election for ratification of this Act. Form of ballots. Ordinary to declare result. Qualification of voters. Special election, if necessary. SEC. 22. Be it further enacted, That should five commissioners be determined on and the commissioners chosen as hereinbefore provided, the present commissioner shall, upon the organization of said five commissioners, on the

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first day of November, 1914, or as soon thereafter as practicable and upon demand made by them, turn over all the books, records and property of the county to the said new board and thereafter said board of commissioners of roads and revenues in and for the county of Dodge shall hold and exercise all the authority formerly vested in the one commissioner. Books and records to be turned over. SEC. 23. 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 12, 1914. DODGE COUNTY, PRIMARY ELECTIONS IN. No. 399. An Act to prescribe the manner of holding primary elections in Dodge County, and to provide rules and regulations governing same; prescribe the penalty for violations thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all primary elections held in Dodge County for the nomination of State, county and municipal officers shall be held and conducted under and according to the following stipulations, rules and regulations: For the purposes of holding State and county primary elections in said county, the ordinary, county commissioners or board of county commissioners, or other authorities having charge of the financial affairs of the county, shall prepare in each voting precinct in the various districts of the county, suitable booths, tables, or shelves for the use of electors in preparing their ballots, said booths, tables or shelves to be prepared in sufficient

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numbers to reasonably accommodate the electors casting ballot in said precinct, and said booths, tables or shelves shall be so arranged that electors cannot be observed by each other in marking the ballots to be cast in said primary elections. In all municipal primary elections the same provisions shall be made for the electors casting their ballots, the expense of making such provisions to be borne by the city or municipality holding such primary elections. Provided, That the terms of this Act shall not be applied to cities or municipalities in said county until same have been adopted by the authorities under whose management primary elections are held in said cities or municipalities. All primary elections held in said county shall be held in a room sufficiently large to accommodate the managers and clerks, and such others as may be necessary to assist in conducting a fair and impartial election, and also sufficiently large for the proper arrangement of the booths, tables or shelves elsewhere provided for in this Act. It shall be the duty of whatever authority under which a primary election is to be held in said county to furnish the managers thereof in each voting precinct in which the primary election is to be held a sufficient number of ballots for the electors in said precincts, which ballot shall be entitled the Official Ballot, to be cast in said primary election. Said ballot shall bear a facsimile of the signature of the authority under which said primary election is held, and no other ballot than the official ballot so prescribed shall be allowed cast in said primary election. Said ballot shall contain the names of all candidates to be voted for in said primary election, with instructions where necessary to Vote for one or Vote for two, or whatever number of candidates are to be nominated in said primary. Said official ballots shall be furnished to no one except the managers selected to hold the primary in which they are to be used. Said ballots shall be printed upon white paper of such texture and thickness as to prevent the possibility of any one, under whose vision said ballot may come after it is folded, discovering the names on the back thereof of any candidate for whom an elector may have

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voted for or against in said primary election. No candidate or other individual shall be allowed to solicit votes within a distance of twenty-five feet of the entrance to a polling precinct, and only the number of electors shall be admitted to the precinct equal to the number of voting booths, tables or shelves provided in said precinct; and after entering said precinct no voter shall be allowed to enter into conversations with any one, or allowed to discuss any matter whatsoever with any other voter who may occupy the precinct at the same time. Upon entering the precinct electors shall be provided with a copy of the Official Ballot, by the election managers, and the elector shall immediately repair to the booth, table or shelf, and mark his ballot secretly, after which said ballot shall be deposited with the managers of said primary election. In the event a ballot is spoiled in marking, an elector shall be furnished another one upon the surrender of the spoiled ballot in such numbers as may be necessary, not to exceed three. All electors shall be allowed ten minutes each in which to prepare and cast their ballots, provided that no other electors are waiting to enter the precinct, in which case only five minutes shall be allowed. Any elector who is unable, by reason of physical disability, illiteracy, or otherwise, to prepare his own ballot shall have his ballot prepared by one of the election managers, according to his instructions, or may be allowed to be accompanied into the precinct by his son, brother or father, who shall prepare his ballot according to his instructions. The election managers may, if they deem necessary and proper, require of any voter requesting such assistance to take oath as to such disability. Any primary election manager assisting an elector in preparing his ballot shall keep the ballot of such elector in absolute confidence and secrecy. All managers of primary elections in said county, and each of their assistants shall be legally sworn before entering upon the duties of holding such primary elections, to conduct the same according to law, with fairness and impartially to the interest of all candidates, and to preserve inviolate the secrecy of the manner of ballot, or for whom cast, by

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any voter, the knowledge of which may be obtained by them in holding said election. No candidate shall be allowed the nomination in any primary election held in said county if it is shown to the authorities under which said primary is held, that such candidate used whiskey, money or other things of value to influence and secure votes, or that he furnished money, whiskey or other things of value to his friends to be used for such purpose, or that he wilfully violated the provisions of this Act. A bailiff shall be employed at each voting precinct, whose duty it shall be to see that the terms of this Act are properly complied with, and said bailiff shall have the same authority as is conferred upon similar officers by the laws of this State. He shall be legally sworn to faithfully and efficiently perform the duties incumbent upon him. No information in regard to the returns of any primary election held in said county, or the ballot cast therein, shall be given out by an election manager, clerk or bailiff until six o'clock p. m. of the day on which said primary election is held. Within seven days after the date of any primary election held in said county any candidate for a nomination in said primary who has been defeated upon the face of the returns may petition the authority under whose jurisdiction said primary was held for an appeal from or review of the action and decision of the judges of nomination in counting the ballots and announcing the result, and for a recanvass and recount of the ballots cast in any or all of the precincts in which said primary election was held. Upon the filing of said petition, as aforesaid, with affidavits made by officers of election, or by watchers or challengers or other persons, setting forth acts of fraud, mistake, error or irregularity in making said count or returns by the judges of said primary election, or setting forth that some of the returns of said election show on their face ambiguity, error or fraud, mistake or miscalculation by the managers or judges of said election, or if no such affidavits are filed with said petition, and the petitioner, in lieu of such affidavits; offers to give and does give bond, in an amount in each instance to be approved by the authority having jurisdiction of

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said primary election, to pay the reasonable cost of said appeal, recount, review and recanvass, the said authorities in either event shall produce before them the ballot boxes, without requiring any evidence to be taken, or proof submitted and recount and recanvass the ballots cast in the precincts named in said petition. Said review, recount and recanvass shall be conducted with all possible dispatch and in preference to all other business, under such mode of procedure as the authorities hearing such contest shall prescribe, by means of tellers appointed by them on the recommendation of and with equal representation to the opposing candidates. They shall sit for said purpose at some convenient place agreed upon for the purpose every day, including Saturdays, at least from 9 o'clock a. m. to 5 o'clock p. m., with an intermission of one hour for lunch, until said review, recount and recanvass is completed. Said recount shall be had in the presence of the candidates and their representatives, and of the press and general public. Upon the completion of said recount and recanvass the authorities conducting same shall award the costs of the same as follows: If the result in such primary election is changed thereby, or if there is a change thereby of two per cent. of the total votes recounted, the costs shall be awarded against the authorities under whose jurisdiction said primary election was held. But if the result is not changed thereby as much as two per cent. of the total vote cast in the contested precincts, then the costs shall be awarded against the petitioner, and his bond, if given as above provided, shall be liable therefor. Whenever such appeal from the determination and action of the judges of a primary election in said county is held as aforesaid and completed, the said authorities shall correct the returns and certificate of any canvassing board, which may have been made of said primary election, and shall give to the person so found to be nominated as a candidate, or selected to other position in said primary, a new certificate of nomination or other election in conformity with the result of said recount and recanvass, and shall certify the same to the proper authorities, as said candidate's certificate of

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nomination or election. And the corrected certificate of nomination or selection shall stand in lieu of and in place of any certificate of nomination given by any canvassing board. Primary elections for State, county and municipal officers. Secret ballots. Expense. Proviso. Official ballot. Sundry regulations of candidates, voters, ballots, etc. Bailiff. Appeal by defeated candidate for review. Recount, etc. Costs. SEC. 2. Violations of the provisions of this Act shall constitute a misdemeanor, and shall be punished as prescribed in Section 1065 of the Criminal Code of 1910. Penalty for violation for this Act. SEC. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1914. DOUGHERTY COUNTY COMMISSIONERS AMENDING ACT. No. 393. An Act to amend an Act of the General Assembly of Georgia, approved August 6, 1904, entitled An Act to create a new board of commissioners of roads and revenues for Dougherty County, and for other purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly of said State, approved August 6th, 1904, entitled An Act to create a new board of commissioners of roads and revenues for Dougherty County and for other purposes, be and the same is hereby amended as follows, to-wit.: By striking from Section 8 of said Act the proviso at the end of said section, reading as follows, to-wit: provided, that the said compensation shall not exceed three hundred dollars per annum, so that said section when so amended shall read as follows, to-wit.: The clerk of the superior

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court shall be ex-officio and shall attend the sessions of the board and shall keep a record of the actings and doings of said board in a well-bound book to be provided at the expense of the county, and shall receive such compensation as shall be fixed by the board. Act of 1904 amended. To be read as amended. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be and the same is hereby further amended by striking from Section 9 thereof the words two hundred and substituting therefor the words three hundred, so that said section when so amended shall read as follows, to-wit.: That said commissioners shall be paid out of the treasury of said county as salaries for their services the sum of three hundred dollars for each commissioner, and same shall be paid quarterly. Pay of commissioners increased. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 12, 1914. DOUGLAS COUNTY, KILLING OF SQUIRRELS IN. No. 323. An Act to amend the Act of 1912, as set forth on page 494 of the Acts of 1912, and which was approved August 19th, 1912, giving the citizens of White, Union and Habersham Counties the right to kill gray or fox squirrels when they are destroying crops or property at any season of the year, and the amended Act of 1913, as set forth on page 494 of the Acts of 1913, and which was approved August 16th, 1913, giving the citizens of Lumpkin County the same rights and privileges, so as

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to add and include the county of Douglas in the provisions of said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act of 1912, as set out on page 494 of said Acts and approved August 19, 1912, and the amended Act of 1913, as set out on page 416 of said Acts, and approved August 16, 1913, be amended by adding the words and Douglas after the word Lumpkin, and before the word counties in the fourth line of Section 1 of said Act, so that said Act when so amended will read as follows: Acts of 1912 and 1913 amended. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all citizens of White, Union, Habersham, Lumpkin and Douglas 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. Killing of squirrels destroying crops, etc. 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 July 29, 1914. ELBERT COUNTY LIQUOR LAW REPEALED. No. 333. An Act to repeal an Act approved December 2, 1895, entitled an Act to amend an Act entitled An Act to prohibit the sale of alcoholic, spirituous, or malt liquors, or intoxicating drugs of any kind in the county of Elbert, and for other purposes therein mentioned, approved

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December 24, 1884, so as to make it unlawful to keep for illegal sale such liquors, bitters and drugs, and to make such places where such liquors, bitters and drugs are so kept a public nuisance; to provide a penalty therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act, approved December 2, 1885, be and the same is hereby repealed. Act of 1895 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. FLOYD COUNTY, CONTROL OF BRIDGES IN ROME. No. 487. An Act to vest in Floyd County full and complete title, jurisdiction over and control of the following bridges within the city of Rome, in Floyd County, Georgia, to-wit.: Second Avenue Bridge, spanning the Etowah River; Broad Street Bridge, spanning the Etowah River; and Fifth Avenue Bridge, spanning the Oostanaula River; to revoke any and all permits granted by legislative or municipal or county authority to any street railway company, electric light, telegraph, telephone or gas company to lay tracks and operate cars on and over said bridges or to place wires or pipes and operate cars on and over said bridges, to place wires or pipes and operate the same on and over said bridges; to repeal all franchises heretofore granted to all such

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public service corporations to operate on and over said bridges, whether granted by legislative, county or municipal authority upon condition; to authorize the county authorities of Floyd County to condemn and remove the present bridges and to build new bridges at the same points, and to authorize the county to acquire the necessary lands for the purpose of constructing bridges wide enough to meet the demands of public travel; to authorize said county to require of any street railway company or electric railway company desiring to lay the tracks on and operate its cars over said bridges, or either of them, to pay to said county a sum equal to one-third of the actual cost of building either of said bridges before any such company shall be allowed to lay any tracks, place any wires or other equipment or operate any cars on or over such bridge or bridges, and to fix the rights of such corporation by reason of such payments; to grant to the county authorities of Floyd County the exclusive right and jurisdiction to grant permission and franchises to persons, firms and corporations exercising public service functions, to operate on or over said bridges, and to prescribe the terms and limitations of such grants; to provide that any person, firm or corporation desiring to contest the validity of this Act shall do so by injunction proceedings before the beginning of the work of tearing down and removing the old bridges, and not otherwise; to provide for the acceptance of this Act by the county and city authorities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all right, title and interest in the following bridges within the city of Rome, said county, to-wit.: Second Avenue

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Bridge, spanning the Etowah River; Broad Street Bridge, spanning the Etowah River, and Fifth Avenue Bridge, spanning the Oostanaula River, together with full and complete jurisdiction over and control thereof, shall be vested in said county of Floyd, and be exercised by the county authorities of said county. Title and control of three bridges vested in Floyd County. SEC. 2. Be it further enacted, That all permits and franchises heretofore granted, either by the General Assembly, the municipal authorities of the city of Rome or county authorities of Floyd County, to any street railway company, electric light, telegraph, telephone or gas company to lay tracks and operate cars on or over said bridges, or either of them, or to place wires, pipes and aquipment and operate the same on and over said bridges, are hereby revoked and repealed so far as the same applies to any future bridges hereafter constructed under this or any other law, unless the said companies will conform to the reasonable terms and conditions required by the county authorities. Revocation of permits and franchises. SEC. 3. Be it further enacted, That said county of Floyd is hereby authorized to condemn and remove the present bridges and to build new bridges at the same sites and is allowed to acquire any necessary lands for the purpose of constructing bridges of sufficient width to meet the demands of the public travel, and all public service corporations, street railway companies, telegraph, telephone, light and gas companies are required, when notified to do so, to remove all tracks, wires, pipes and other equipment from said bridges and each of them, as required by the county authorities. Removal of present bridges and building of new ones. Removal of tracks, wires, etc. SEC. 4. Be it further enacted, That the county authorities of said county are hereby given the exclusive right and jurisdiction to grant permission and franchises to persons, firms and corporations, exercising public service functions, to operate on and over said bridges, and to place railway tracks theron and to operate cars on and over said bridges, and to prescribe the terms and limitations of such

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grants; and the county authorities of said county are authorized to require of any street railway company or electric railway company as a condition precedent to the laying of tracks, placing of wires and operating cars on and over said bridges, that it pay to said county a sum equal to one-third of the actual cost of the building of said bridges, and the sum shall be paid to the treasurer of said county before any such company shall be allowed to lay any tracks, to place any wires or other equipment or operate any cars on and over such bridges, but any corporation now having a franchise shall have the right to use any new bridge upon complying with the reasonable conditions imposed by the board of commissioners and the terms of this Act. Jurisdiction to grant franchises. Condition precedent, payment of one-third of cost. SEC. 5. Be it further enacted, That any railway company, electric railway company or other public service corporation, paying the sums required under and by the preceding section shall acquire only the same rights to operate on and over said bridges as they may have on and over the streets leading to and from such bridges, and shall not be deemed to have acquired any right, title or interest in such bridges, or control over the same. What interest acquired. SEC. 6. Be it further enacted, That any person, firm or corporation desiring to contest the validity of any part of this Act shall do so by injunction proceeding before the beginning of the work of tearing down and removing of such bridges, and not otherwise. Notice shall be given all persons, firms and corporations of the time when work is to begin by publishing a notice thereof by the chairman of the board of commissioners in the newspapers in which sheriff sales are advertised. Said notice shall state the time when the work is to commence, as near as practicable, and the estimate of the cost of each bridge. Said notice shall be published once a week for two weeks, The last publication to be at least thirty days before work is to begin. Any person, firm or corporation desiring to object to any terms of this bill, or to any charge that may be made thereunder, or the levy of any tax or any assessment

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or charges for building the bridge or bridges shall file an injunction at least twenty days before the date the work is advertised to begin against the county, stating the objections to the bill, which shall be heard as other injunctions are heard. And the work shall not begin until said injunction suit is finally determined. Contest of validity of this Act. Notice of work and estimate of cost. Injunction. SEC. 7. This Act shall not go into effect until the board of commissioners of roads and revenues of Floyd County and the mayor and council of the city of Rome shall have both passed resolutions accepting the terms of this Act. How this Act made effective. SEC. 8. Be it further enacted, That the board of commissioners shall, before adopting the resolution putting this Act into effect, request the ordinary to call a special election referring to the people of Floyd County the question of adopting or rejecting said Act. It shall be the duty of the ordinary to call said election not less than fifteen nor more than thirty days after receiving such request. Said election shall be called as special elections are called, and those voting for such Act to go into effect shall have printed or written on their ballots the words For Bridge Act; those opposed shall have Against Bridge Act. The ordinary shall consolidate the vote, and shall certify the result to the board of commissioners, who shall declare the result, and shall act accordingly. Election to adopt or reject this Act. Form of ballots. 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 15, 1914. GLYNN COUNTY, PUBLIC INSTRUCTION IN. No. 408. An Act to consolidate and amend An Act to regulate public instruction in the county of Glynn, approved

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February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned. SECTION. 1. 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 persons shall constitute the board of education for the county of Glynn (said board of education hereinafter referred to as the board) for the respective terms indicated, or until their successors are elected and qualified: J. Hunter Hopkins and J. O. Beasley, until January 1st, 1915; J. B. Tait and B. F. Lewis until January 1st, 1916; Walter B. Cook and D. Watson Winn until January 1st, 1917; R. E. L. Burford and W. H. Crofton until January 1st, 1918, and A. V. Wood and T. H. Livingston until January 1st, 1919. Said board shall have control of the educational affairs of the entire county of Glynn, including the city of Brunswick therein. Said board shall consist of ten (10) fit and competent persons, five (5) of whom shall be citizens of the city of Brunswick, and five (5) shall be citizens of the county of Glynn residing outside of the city of Brunswick; the members from said city shall be elected by the mayor and council of said city at its first regular meeting held in December immediately previous to the expiring term; the members residing outside of said city shall be elected by the grand jury of said county at its fall session immediately previous to the expiring term. In no instance shall more than two of the members residing outside of said city come from or reside in the same militia district, and it shall be the duty of the grand jury in said elections to so distribute the members as to give all parts of the county representation as far as practicable. The secretary of said board shall give timely written notice to the respective electing bodies of the expiring term. All vacancies on said board shall be filled by said board by election for the unexpired term. After the expiration of the terms of the members herein indicated, then each member of said board shall serve for a term of five (5) years. Said board shall annually at its first regular meeting in January elect a

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president and a vice-president; said vice-president in the absence or disqualification of the president shall act in his stead. Membership of board of education named. Terms of office. Members, how chosen. Representation on board. Term of office. Officers. SEC. 2. Be it further enacted, That the board of education of Glynn County shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued. The board shall have the power to purchase, lease or rent school sites; to build, repair or rent school houses; to purchase maps, globes and school furniture, and to make all other arrangements of this kind necessary to the efficient operations of the schools under their care; and the said board shall also be and are hereby invested with the title, care and custody of all school houses, sites, school libraries, apparatus, or other property belonging to sub-districts as now defined, or as may hereafter be defined, with all power to control the same in such manner as they think will best subserve the interests of the schools, and when, in the opinion of the board, any school house site has become necessary or inconvenient, they may sell or convey the same in the name of the board of education of Glynn County, such conveyance to be executed by the president and secretary of said board according to the order of the board. They shall have the power to receive any gifts, grant, donation or devise made for the use of the schools of Glynn County, and all conveyances of real estate which may be made to said board shall vest the property in said board of education and their successors in office; also, with the title, care and custody of all property, funds, securities, books and papers belonging to the Glynn County Academy, to hold, invest and dispose of the proceeds from same as provided by law. It shall also be the duty of said board to make arrangements for the instruction of the children of the white and colored races in separate schools. They shall, as far as practicable, provide for the same facilities for both races in respect of attainments and abilities of teachers and length of term time, but the children of the white and colored races shall not be taught together in any common or public school of said county. The control and regulation of the public

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schools authorized by law to be maintained by the municipality of Brunswick is hereby vested in said board, the same to be operated as provided by the terms of this Act. Board incorporated. Powers and duties of board. SEC. 3. Be it further enacted, That the board shall have full power and authority to define and regulate the length of the public school term; to make rules and regulations for the government of the schools of the county; to employ teachers and other persons for the operation of the schools in Glynn County, and to make such contracts with teachers and employees as will best serve the interests of the schools of said county; and to make such by-laws for their own government as will not be inconsistent with the laws of the State or this charter. The board of education shall constitute a tribunal for hearing and determining any matter of controversy in reference to the administration of the schools, with power to summons witnesses and take testimony, if necessary, and when they have made a decision, said decision shall be binding upon the parties to the controversy. The board is authorized and empowered to make such regulations as in their judgment shall seem requisite to ensure the vaccination of the pupils in their respective schools, and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respective schools. A majority of the board shall constitute a quorum for the transaction of business. The board shall hold its meetings at the court house in said county, and shall hold regular meetings, monthly. The president or any three members of the board may call a special meeting; provided, such call is in writing. No such special meeting shall be held until three days after a copy of said call has been mailed each of the members of said board, and no business shall be transacted at said special meeting not specified in said call. In the absence of the secretary from any meeting the president shall appoint a secretary pro tem., and in the absence of the president and vice-president, if a quorum be in attendance, the board may proceed to business by electing a president pro tem. By a two-thirds vote of the entire board the board shall have the authority to remove the county superintendent

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of schools before the expiration of his term of office, and to elect a new superintendent in his stead, who shall serve until the following August 1st. Further powers. Quorum. Meetings. Removal of school superintendent. SEC. 4. Be it further enacted, That the board shall have the right and authority to make such rules and regulations regarding the certification of teachers as they deem expedient. They may prescribe, in whole or in part, the State regulations for licensing of teachers. They may require additional examinations. They may accept certifications from other States maintaining as high a standard as that of Georgia. They may accept from standard colleges, normal schools and universities a certificate of competency. Provided, however, that in no case shall the standard of competency and efficiency be lower than that of the State's rules and regulations for the certification of teachers. Rules as to teachers, right to make. SEC. 5. Be it further enacted, That the board shall control the financial department of the public school system of the said county. All funds received from the State appropriation to Glynn County, as well as the tax of three-eights of one-tenth of one per centum (3/8 of 1/10 of 1%) collected under an Act approved October 13th, 1885, entitled An Act to authorize the board of commissioners of roads and revenues of the county of Glynn, State of Georgia, to assess and have collected annually for educational purposes, a special ad valorem tax upon the taxable property in the limits of said county, under Section 4, Article 8, of the constitution of Georgia, and for other purposes, shall be divided between the city of Brunswick and that portion of Glynn County outside of the corporate limits of the said city in proportion to the number of school children between the ages of six (6) and eighteen (18) years as indicated by the last school census. The municipal tax, from one to three mills (.001 to.003), authorized by an election held in the city of Brunswick on December 12, 1911, under and by virtue of that certain Act amending the charter of said city entitled An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other

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purposes therein mentioned,' approved August 27, 1872, and the several Acts amendatory thereof, and for other purposes, approved August 19, 1911; also the funds derived from a municipal tax authorized by an election held in the city of Brunswick on the 13th day of December, 1910, under and by virtue of that certain general Act entitled An Act to be entitled an Act to authorize a certain class of municipalities to hold an election to determine the question of local taxation for the support and maintenance of public schools, to prescribe the qualification of electors for such elections, and for other purposes, approved August 13, 1910; also such additional funds as may be appropriated by the city of Brunswick or donated by any one to the special support of the schools of Brunswick, shall be used exclusively for the support and maintenance of the public schools within the corporate limits of the city of Brunswick. That the funds derived from a tax authorized by an election held in that portion of Glynn, outside of the city of Brunswick, on the 13th day of December, 1910, under and by virtue of that certain general Act entitled An Act to amend an Act entitled `An Act to provide for the creation and operation of local tax district schools, and for levying and collection of local tax by districts or counties for educational purposes, for the laying off of counties in school districts, and for other purposes,' approved August 23, 1905, so as to provide for amending the caption; to provide a proper enforcement of the bill and for laying off of counties into districts of reasonable size, for the election of district trustees, whether local tax is levied and collected or not, to provide a correct method of assessing and collecting the tax in local districts, and for other purposes, approved August 21, 1906, and the Acts amendatory thereof; and such other funds as may be appropriated or donated by any one to the public schools outside of the city of Brunswick shall be used exclusively for the support and maintenance of the public schools in Glynn County outside of the corporate limits of the city of Brunswick. No portion of the school fund shall be paid out except on checks and drafts, supported by sufficient vouchers

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authorized by the board and signed by the president and the secretary. Control of finances. Apportionment of tax money, etc. SEC. 6. Be it further enacted, That the said board of education shall elect a county superintendent of schools, whose term of office shall begin on the 1st day of August. The term of office shall be for one (1) year. However, in the event the same person is again elected to succeed himself then his second term shall be for two (2) years, and in the event he is again elected to succeed himself then his following terms shall be for four (4) years each. No person shall be eligible to said office until he has had a bona fide experience of three (3) years as a school teacher or school superintendent. He shall be charged with the management and control of the public schools of Glynn County under the rules and regulations, as prescribed by the board. He shall assign principals and teachers to such schools and grades as he deems best, subject, however, to change by the board of education. By authority of his office as county superintendent of schools, he shall be secretary of the board, and it shall be his duty to be present at the meetings of the board and to record in a book provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein. He shall also provide a blank book, in which he shall keep the minutes of his own official proceedings. He shall deliver to his successor in office said records and all the books, papers and property appertaining to his office. He shall report annually to the State Superintendent of Schools such information as may be required by the said State Superintendent. He shall constitute the medium of communication between the State Superintendent of Schools and the subordinate school officers, and also between the State Superintendent of Schools and the schools. He shall visit every school in the county at least once in sixty (60) days for the purpose of increasing their usefulness, elevating as far as practicable the poorer to the standard of the best, endeavoring to promote uniformity in the organization and management, and to secure their

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obedience to the school laws and regulations of the board. He shall have the power, and it shall be his duty, to revoke any teacher's license granted by him or his predecessor when such teacher shall prove incompetent, or be guilty of immorality, cruelty or general neglect of his or her duties. This revocation of license shall terminate the connection of the teacher with any school which he or she may have been elected to teach, but the teacher so dismissed shall have the right to appeal to the board, whose decision shall be final. He shall have the power, and it shall be his duty, to refuse to admit, or to suspend or expel, any child or children from any of the schools if at any time it would, in his judgment, be detrimental to the moral and general welfare of the other pupils therein to allow them to enter, or permit them to remain in school; provided, however, the parent or guardian of the child may appeal to the board, whose decision shall be final. He shall perform such other duties as may be prescribed by the board. The county superintendent of schools shall receive for his services such compensation as the board of education may prescribe, to be paid out of the school funds in such manner as other bills. The county superintendent of schools shall be exofficio superintendent of the schools within the city of Brunswick. Superintendent of county schools. Term of office. Eligibility. Duties. Powers. Compensation. SEC. 7. Be it further enacted, That the board of education may elect annually, or for a shorter period, a superintendent of grounds and buildings, whose duties and compensation shall be such as from time to time may be prescribed by the board, and whose salary shall be paid out of the school fund as other bills. Superintendent of grounds and buildings. SEC. 8. Be it further enacted, That said board may elect a medical inspector of school children, whose duties and compensation shall be prescribed by the board. He shall work under the direction of the county superintendent of schools. Said inspector shall be charged with the duty of enforcing the provisions and regulations of the State Board of Health, the local county board of health and the municipal board of health in so far as the same are applicable

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to said school system. He shall discharge such other duties as may be prescribed by said board. In his absence, or upon the failure of the board to elect, the county superintendent of schools shall be charged with the duty of said inspector in so far as possible. Medical inspector of children. SEC. 9. Be it further enacted. That the said board of education shall elect a treasurer at its regular annual meeting, to whom all funds belonging to the board shall be paid. Said board shall require said treasurer to give a good and sufficient bond for the faithful performance of his duties and shall fix the salary of the treasurer, provided, the same shall not exceed the sum of one hundred and fifty dollars ($150.00) per annum. No member of the board shall be eligible to hold the office of treasurer. The board may, instead of electing a personal treasurer, designate a bank in Glynn County to be custodian of its funds and to perform all the duties of the treasurer of the board. Provided, however, said bank shall give a good and sufficient bond for the faithful performance of its duties, and no member of said board shall be a director in said bank. Provided, further, that said board shall not pay such bank a greater sum than one hundred and fifty dollars ($150.00) per annum. Treasurer of board. Bond. Salary. Bank depository. Bond. SEC. 10. Be it further enacted, That no member of said board shall be capable of contracting with said board for any work or service to be paid for by said board; nor shall any member have any interest or profit, directly or indirectly, in any transaction whatsoever to be paid for by said board. And any violation of this section shall automatically terminate and sever the service of such member and the board shall proceed to fill the vacancy thus created in the manner provided in this Act. Board member cannot have contract interest or profit. SEC. 11. Be it further enacted, That it is the intention of this Act to invest completely in the board of education the control and management of all the public schools of Glynn County. That the execution of their orders, rules and regulations be performed by their official appointees and employees other than themselves; that all orders, rules

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and regulations must be in writing and recorded in the minutes of said board; that before any order, rule, regulation or act of the board shall be recorded in the minutes of said board of education it must receive the approval of a majority of said board. It is further the intention of this Act that the mayor and council of the city of Brunswick and the grand jury of Glynn County shall select men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education, and be favorable to the public school system. Intention of this Act. Orders, rules, etc. SEC. 12. Be it further enacted, That said board shall by the first day of October annually have made and completed by a competent person, not a member or employee of said board, a complete audit of its books and financial transactions covering a period of one year preceding the previous first day of July. Said audit and report shall show in detail all of its financial transactions, including the dates and sources of all incomes, and all expenditures, when and to whom paid. And said auditor's report shall keep separate all income received from and expended in said city of Brunswick. It shall be the duty of the secretary of said board to immediately transmit to the mayor and council of said city, and to the commissioners of roads and revenues of said county, each a complete copy of said auditor's report and to transmit a like copy to the next grand jury of said county. Annual audit of books, etc. Auditor's report. SEC. 13. Be it further enacted, That it shall be the duty of said board to annually make to the grand jury of Glynn County, at its fall term of the superior court, a report of the financial transactions touching all schools established or aided within the county, and, if required, to make an exhibit of all their records, books and papers, and it shall be the duty of said grand jury to determine whether the payment made by the treasurer of the city of Brunswick and the tax collector of said county are correct, and have been paid as directed by law. Should the grand jury find that said officers have failed to comply with their duties

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in regard thereto, then said grand jury shall take appropriate action thereto. Annual report to grand jury. Duty of grand jury. SEC. 14. Be it further enacted, That the board of education may establish schools of a higher grade, in addition to the present Glynn Academy, in such points in the county as the interest and convenience of the people may require, which schools shall be under the special management of the board at large, who shall have full power in respect to such schools to employ, pay and dismiss teachers; to build, repair and furnish the school house or houses, purchase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as they may deem proper. And the present Glynn Academy shall be supported and maintained as heretofore. Higher grade schools. SEC. 15. Be it further enacted, That each member of said board outside of the limits of the city of Brunswick shall receive the sum of three dollars ($3.00) for his services at each meeting of said board upon which he shall be in actual attendance, which amount shall be paid out of the school fund in the same manner as other bills; provided, however, that no member of the board shall receive more than six ($6.00) dollars for services during any one month. Pay of board members. SEC. 16. Be it further enacted, That it shall be the duty of said board to establish separate schools for both white and colored children; and to divide the county into such school districts outside of the city of Brunswick as they may see proper. They are authorized and empowered, when they deem it necessary, to consolidate any two or more schools, or to locate in any school district more than one school, and they are empowered to designate separate districts for white and colored schools. They shall appoint for each school, outside of the city of Brunswick, both white and colored, three (3) fit and competent persons, residents of the school district, who shall be known as trustees of said school district, and whose duties it shall be to visit the schools in their district; to inspect the school work, giving special attention to the oral and written examinations

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of the pupils; to make general recommendations to the board of education for the advancement of school interests in their district; to aid by recommendation of desirable applicants, the county superintendent of schools in assigning teachers for the school; to see that the school house is in good repair and equipped for good work, and that the school grounds are properly improved and supplied with shade, fuel, water and other necessaries; to make a written report once a year to the board of education in relation to the matters committed to their supervision, or oftener, if required. The members of said board elected by said mayor and council, together with the mayor of said city, shall be the trustees of the public schools within said city. They shall be charged with the same duties as stated in this section for the trustees outside of said city. Separation of white and colored schools. School districts. SEC. 17. Be it further enacted, That none of the provisions of this Act shall be held or deemed to repeal any of the provisions of Section eighteen (18) of the said Act entitled An Act to regulate public instruction in the county of Glynn, and said section is hereby made a part of this Act. Nor shall any of the provisions of this Act repeal or modify any of the rights conferred on said board by the constitution of said State of 1877, in that the said board was an existing local school system previous to the adoption of said constitution. What law not repealed. SEC. 18. Be it further enacted, That the commissioners of roads and revenues of said county are hereby authorized and empowered to aid and assist the schools of said county by the appropriation of money, or otherwise. Appropriations to schools by county. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1914.

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GREENE COUNTY COMMISSIONERS, REPEALING ACT. No. 292. An Act to repeal an Act entitled 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 method of election of such officer; to prescribe 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, approved August 19, 1912. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the above recited Act, approved August 19, 1912, amending An Act to create the office of commissioner of roads and revenues in and for Greene County; to provide the method of election of such officer; to prescribe 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 the said board shall be elected by popular vote; to provide for the filling

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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, approved August 19, 1912, be, and the same is, hereby repealed. Act of 1912 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 July 23, 1914. GREENE COUNTY COMMISSIONERS CREATED. No. 321. 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 method of election of such officer; to prescribe 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 the 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 this Act shall become effective, 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 the above recited 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 method of election of such officer, prescribe his duties and powers, fix his salary and term of office; provide for the management of the county affairs 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: Act of 1907 amended. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after January 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 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. Board of five members created. To be elected by popular vote. Term of office. Road districts to be represented. Vacancies, how filled. a. For the purpose of this Act Greene County shall 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, respectively 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, respectively.

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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 Walker districts, respectively. 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, respectively; and road district No. 5 shall be composed of the following militia districts, to-wit.: 143d and 146th, known as Greensboro and Shiloh districts, respectively. Each commissioner shall be an upright and intelligent citizen, a qualified voter for county officers of said county and for members of the General Assembly of the State of Georgia, and a bona fide resident for at least six months of the road district from which he is elected. 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 road district from which he is nominated. At the regular election no ballot shall be counted unless the same is cast for one commissioner from each road district. Road districts defined. Eligibility. Ballots at the election. SEC. 2. Be it further enacted by the authority aforesaid, That Section 5 of said Act of 1907 be, and the same is, hereby amended 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 hundred ($1,200) dollars 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 substituting in lieu of the words stricken the following words: The compensation of said commissioners shall be three dollars per day for the time actually spent by them in performing

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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 consumed and necessarily required to perform the duties of his office at the same rate of three dollars per day, even though said duties are performed on other days than the regular meeting days or sessions of said board. In no event, however, shall any member of said board, except the chairman, receive as compensation for services rendered as commissioner more than one hundred dollars in any one year, and the compensation of the chairman in any one year is hereby limited to four hundred dollars, and by striking from the second sentence of said section the first two words he is and substituting in lieu of the words stricken the words they are, so that said section when amended shall read as follows, to-wit.: Compensation of commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That the compensation of said 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 consumed and necessarily required to perform the duties of his office at the same rate of three dollars per day, even though said duties are performed on other days than the regular meeting days or sessions of said board. In no event, however, shall any member of said board, except the chairman, receive as compensation for services rendered as commissioner more than one hundred dollars in any one year, and the compensation of the chairman in any one year is hereby limited to four hundred dollars. 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 person at such reasonable sums as they may think proper, except as otherwise prescribed by law.

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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 wherever the word commissioner appears in said Act it shall read and become commissioners. Powers and duties of commissioners. SEC. 4. Be it further enacted, That the commissioners as herein provided shall be commissioned by the Governor of Georgia for the term of office for which they are elected, and, before entering upon the discharge of the duties of office they shall take and subscribe an oath before the clerk of the superior court or the ordinary of Greene, to faithfully and honestly discharge the duties of said office, which oath shall be recorded on the minutes of said board of commissioners, and each commissioner, other than the chairman, shall give a good and solvent bond, to be approved by the ordinary of Greene County, payable to the county of Greene, in the sum of two thousand dollars, conditioned for the faithful performance of his duties as commissioner, the chairman of said board of commissioners shall give a good and solvent bond, to be approved, payable and conditioned as above, in the sum of five thousand dollars; all of which bonds shall be recorded by the ordinary in the book kept by him for the record of county officers' bonds. Oath. Bond. 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 commissioner remains until succeeded. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914.

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HABERSHAM COUNTY, KILLING OF FOXES IN. No. 304. An Act to provide against and prohibit the hunting, trapping or in any other manner killing foxes, both red and gray, in any manner whatever, between the 15th day of March and the 1st day of September, inclusive, in the county of Habersham, State of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly and it is hereby enacted by the same, of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to hunt, trap, catch or kill in any manner any fox, either red or gray in color, in the county of Habersham, between the 15th day of March and the 1st day of September of any year. Unlawful to kill foxes between certain dates. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, upon the conviction thereof, shall be punished as prescribed in Section 1065, of the Code of Georgia of 1910, Volume 2. Violation a misdemeanor. SEC. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1914. HALL COUNTY COMMISSIONERS, ELECTION OF. No. 369. An Act to amend An Act entitled an Act to create a board of commissioners of roads and revenues in the

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county of Hall; to define their powers, and other duties, approved August 1st, 1911, as contained in the printed Acts of 1911, pages 439 to 445, inclusive, so as to change the mode of electing the county commissioners and the county supervisor of Hall County. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly, approved August 1st, 1911, and contained in the printed Acts of 1911, pages 439 to 445, inclusive, defining the number and power of the commissioners of roads and revenues of Hall County, fixing their compensation, defining their duties and powers, and creating the office of county supervisor for said county, be amended as follows: That Section 3 of said Act be amended by striking out from said section all after the enacting clause and substituting the following: That the term of office of the members of the board of commissioners of roads and revenues shall be two (2) years; that at the next regular election of members of the General Assembly in the said county of Hall, occurring after this year, and in each succeeding election of members of the General Assembly there shall be elected by the qualified voters of said county three (3) citizens of said county who shall constitute a board of commissioners of roads and revenues of said county; that the term of office shall begin on the first day of January after their election; that the members of the board of county commissioners and the county supervisor for Hall County shall be elected by the grand jury until the provisions of this bill shall become operative. And all vacancies, including any vacancy in the office of county supervisor occurring after the passage of this Act shall be filled by the grand jury which meets next after the vacancy occurs, the commissioner so appointed by the grand jury to hold office during the unexpired term which he is so selected to fill; provided the ordinary shall appoint some one to fill the vacancy until the grand jury elects. Act of 1911 amended. Term of office of members of board. Election. Vacancies, how filled.

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SEC. 2. Be it further enacted by the authority aforesaid, That Section 13 of said Act be amended by striking out the words that the county supervisor for Hall County under this Act shall be chosen and elected by the grand jury during the first week of the regular session of Hall superior court in January of each year, and substituting therefor the following: That at the regular election at which the members of the board of commissioners shall be elected as provided in the first section of this Act, the voters shall designate on their tickets which one of the commissioners voted for shall be county supervisor, and the commissioner, being elected as commissioner, who receives the highest number of votes as county supervisor shall be the county supervisor during his term of office. County supervisor to be designated on ballots. 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 11, 1914. HART COUNTY COMMISSIONER, REPEALING ACT. No. 500. An Act to abolish the office of commissioner of roads and revenues in and for the county of Hart, created by the Act of the General Assembly of Georgia, approved August 17th, 1908, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, That from and after January the first, 1915, that an Act approved August the 17th, 1908, creating the office of commissioner of roads and revenues in and for Hart County be, and the same is, hereby repealed. Act of 1908 repealed.

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SEC. 2. Be it further enacted by the authority aforesaid, That this Act take effect January the first, 1915. Effective January 1, 1915. 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, 1914. HART COUNTY COMMISSIONER AND BOARD OF FINANCE CREATED. No. 480. An Act to create the office of commissioner of roads and bridges and a board of finance, consisting of three members in and for Hart County; to prescribe the manner of election of such commissioner and the members of said board; to define the duties and powers of such commissioner and board; to provide for the salary of each and fix their terms 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 the office of commissioner of roads and bridges, in and for Hart County, be and the same is, hereby created; that said commissioner shall be elected at the regular election, to be held for State and county officers on the first Wednesday in October, 1914, and biennially thereafter in the same manner as other county officers are elected, and the commissioner so elected shall after qualification enter upon the discharge of his duties on the first day of January, 1915, the time when this Act becomes effective, and shall hold office for the term of two years, and until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold

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said office. Should a vacancy occur in said office the same shall be filled by a special election, called and held in the same manner and governed by the same rules and with the same qualifications as to voters as applied to the election of clerk of the superior court. In the interim the chairman of the board of finance hereafter named in this Act shall perform all the duties of said office and assume all the responsibility of said commissioner, and receive compensation at the same rate as said commissioner, to be prorated according to the length of time he served. Commissioner to be elected. Term of office. Eligibility. Vacancy, how filled. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioner, as aforesaid, shall be commissioned by the Governor of the State of Georgia for the term for which he is elected, and before entering upon the discharge of his duties shall subscribe to the oath now required by law of county officers, and shall also give bond with good security payable to the Governor of said State, and his successors in office in the sum of one thousand dollars, conditioned for the faithful performance of his duties as commissioner, which bond shall be approved by the ordinary of said county. That said commissioner shall receive as compensation for his services a salary not less than nine hundred dollars, nor more than twelve hundred dollars per annum, the same to be fixed by the grand jury of said county, at the first term of the superior court after January 1st, 1915, and biennially thereafter, by the grand jury. To be commissioned by the Governor. Oath. Bond. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall have the sole right to lay out, open, change or discontinue public roads in said county, when and where necessary, according to the laws now of force and effect, and shall have the sole management of working said roads. Said commissioner shall have authority to appoint all overseers, guards and officers that may be required to successfully carry out the provisions of this Act; to prescribe the duties of such guards, overseers and officers, and to fix their salaries, as he may deem proper. Powers as to roads, overseers, etc.

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SEC. 4. Be it further enacted by the authority aforesaid, That said commissioner be and he is hereby authorized and empowered to work, improve and repair, and to have worked, improved and repaired, the public roads and bridges of said county. He may work a chaingang which has already been organized in said county, or which may hereafter be organized by said commissioner and the ordinary of said county, and said commissioner and ordinary are hereby authorized to organize said chaingang, to consist of the misdemeanor convicts of said county of Hart, or any other county in this State, and such other convicts of said county and State as they may see proper, and those who do not pay the commutation tax hereafter mentioned; provided, that the convicts and those who do not pay said tax shall not be worked together. He may have said road worked, improved or repaired, and bridges built and repaired by contracting for the same when, and in such manner as he may see fit, with private parties, companies, or corporations; provided, that when said roads are improved or repaired or bridges built or repaired by private parties, companies or corporations, all such contracts for such work shall be first approved by the board of finance of said county hereafter created by this Act. Chaingang of misdemeanor convicts. Road tax defaulters. Contract work on roads and bridges. SEC. 5. Be it further enacted by the authority aforesaid, That in addition to the commissioner of roads and bridges hereinbefore created, a board of finance consisting of three members, be and the same is, hereby created in and for Hart County. Said board to be elected by the grand jury of Hart County at the first term of the superior court of Hart County, held after January 1st, 1915, and biennially thereafter, and the members of said board shall hold their office for a term of two years from their election and qualification and until their successors are elected and qualified, and any person eligible to hold a county office in said county shall be eligible as a member on said board. Should a vacancy occur the next grand jury sitting thereafter shall elect a member or members to fill such vacancies on said board, and in the interim the ordinary may appoint a member to fill such vacancy. Board of finance created. Elected by grand jury. Term of office. Eligibility. Vacancies.

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SEC. 6. Be it further enacted by the authority aforesaid, That said board of finance shall meet on the first Monday after their election, and on the first Monday of each month thereafter, at which meetings they shall transact such business as may come before them, and if they deem it necessary, may hold such call meetings of said board, or may appoint or designate any one of its members to transact such business connected with their office between the regular meetings as they may see proper. All of said meetings to be held in said commissioner's office in the court house at Hartwell, Georgia. Meetings of board. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of said board to elect one of its members as chairman, who shall preside over the meetings of said board, and a majority of the members shall constitute a quorum. It shall be the duty of said board to look after the finances of said county of Hart, to levy the taxes for the support of the government of said county, and for the building of roads and bridges; to contract for and buy all supplies, implements, mules, horses, tools, wagons or other things which may seem necessary by the commissioner of roads and bridges for the proper maintenance of the convict camp, and for the improvement of the public roads and bridges of said county, which said commissioner may deem necessary for that purpose, and it shall be the duty of said commissioner of roads and bridges to meet with said board at their regular monthly meetings, or oftener, if necessary, and make known to them and discuss with them the needs of his office for the proper building and improving the public roads and bridges of said county. Chairman. Quorum. Duties. Commissioner to confer with board. SEC. 8. Be it further enacted by the authority aforesaid, that said board of finance shall carefully go over and audit every account, bill or other item of idebtedness which may be presented against said county from any source and to approve or disapprove the same, and it shall be the duty of the chairman of said board to sign all checks, warrants or vouchers which may be necessary for the payment

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of all items which have been approved by said board; provided, however, that the clerk of the superior court shall sign all warrants on the county treasurer for the payment of jurors, witnesses and other court expenses, as is now provided by law. Audit of accounts, etc. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of said board to keep proper and correct accounts of all the county finances, which include accounts of the county treasurer and tax collector or other officers having the care, custody or collection of county funds, and said board shall prepare and publish in suitable manner every six months a full and complete statement of the finances of said county and shall make a similar statement to the grand jury to the spring term of Hart superior court of each year. Publication of statement of finances. SEC. 10. Be it further enacted by the authority aforesaid, That said board shall keep a book of minutes and such other books of record as may be necessary for the proper record of all the business connected with said office, and shall elect a suitable and competent clerk for said board, whose duty shall be to keep a record of the minutes of meetings of said board, and act as bookkeeper for said board and said commissioner, and do such other clerical work as is necessary in carrying on the work of said office. Said clerk shall receive a salary not to exceed fifty dollars per month, the same to be fixed by the grand jury of said county, at the time the said members of said board of finance are elected. Said salary to be paid out of the county treasury each month. Said clerk shall give bond and good security in the sum of one thousand dollars, payable to said board of finance for the faithful performance of his duties. Books of minutes and records. Clerk and bookkeeper. His salary. Bond. SEC. 11. Be it further enacted by the authority aforesaid, That all persons resident of said county who are subject to road duty under the laws of the State of Georgia, shall be subject to road duty and shall be and are hereby required when notified or summoned to work on the public roads of said county for such length of time in each year as may be

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fixed by said board of finance or to pay such commutation tax as may be fixed by said board; provided, however, that no one shall be required to work for a longer period than ten days in any one year, nor shall commutation tax be fixed at a sum that will amount to more than fifty cents per diem for the number of days' work required. Road work and commutation tax. SEC. 12. Be it further enacted by the authority aforesaid, That any person who has failed or refused to pay the commutation tax when demanded by the officer appointed by said board of finance to make such demand, and who shall, without good excuse, fail or refuse to appear at the time and place appointed to work when summoned or notified by the officer whose duty it is to give such summons or notice according to the rules of said board, and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared shall be fined not less than one dollar for each day he fails to work or be imprisoned in the common jail of said county, at the discretion of said board of finance, or be sentenced to work in the chaingang for not more than thirty days. If said board, who is hereby given authority to try such defaulters above mentioned, imposes a fine upon the person convicted, it may be with the alternative of other punishment allowed by this section in case said fine is not paid; that said board of finance be and is hereby empowered to try all defaulters, impose and enforce sentence provided in this section, and said board of finance shall hold court for the trial of said defaulters on the first Monday in each month at the commissioner's office at Hartwell, Georgia, provided, that ten days' notice of the time and place of trial be given to said defaulters. Punishment of defaulters. Trial of defaulters. SEC. 13. Be it further enacted by the authority aforesaid, That defaulters shall be summoned for trial or arrested by such officer as said board of finance may appoint, or by the sheriff or his deputy, or any lawful constable of said county. Arrest or summons. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of each and every person

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subject to road duty under the provisions of this Act to return his name to the clerk of said board of finance on or before the first day of April of each year, for the purpose of having his name listed as a commutation taxpayer of said county, and in default of any person to have his name returned or listed as aforesaid, such person shall be subject to double taxation, or shall be required to work on the public roads double the number of days required by said board; provided, that if any person shall fail to return his name under this section as subject to road duty on account of providential cause (said board to be the judge thereof), such person shall not be subject to double taxation as aforesaid; provided further, that said board or any person acting under its appointment may summon and work on the public roads any person subject to road duty under this Act any time after April 1st of each year. Return by commutation taxpayer. SEC. 15. Be it further enacted by the authority aforesaid, That each of the members of said board shall receive as compensation for their services not less than two dollars per diem nor more than three dollars per diem for each day's service which they may perform under this Act, the same to be fixed by the grand jury at the time of their election, and before entering upon the duties of their office each shall give bond and security in the sum of five hundred dollars, payable to the ordinary of said county, for the faithful performance of the duties of said office, and shall also subscribe to an oath before the ordinary of said county, an oath to faithfully perform the duties of said office, which oath and bond shall be recorded in the ordinary's office. Compensation of members of board. Bond. Oath. SEC. 16. Be it further enacted by the authority aforesaid, That the ordinary of said county shall still retain the supervision of the court house and grounds in said county and to supervise and overlook the inmates of the poor house, or farm, of said county, as is now exercised by him. Ordinary retains supervision of court house, etc. SEC. 17. Be it further enacted by the authority aforesaid, That said commissioner of roads and bridges shall perform all the duties of commissioner of roads and bridges

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and also the duties imposed upon the board of finance, as set out in this Act, from January the first, 1915, until the said board of finance has been elected and qualified, as provided in this Act. Duty of commissioner. SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1914. HENRY COUNTY COMMISSIONER, REPEALING ACT. No. 477. An Act to repeal 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, approved August 13, 1912. 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 above recited Act, approved August 13, 1912, creating 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, be and the same is hereby repealed. Act of 1912 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That on the first day of January, 1915, the commissioner of roads and revenues of Henry County shall deliver to the ordinary of Henry County all convicts then

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under his control and management and all property and equipment belonging to said county, and after said date the ordinary of Henry County shall have exclusive jurisdiction and control of the roads and revenues of said county, then this Act shall become of full force and effect on the first day of January, 1915. Provided, that the provisions of this Act shall not become operative in said county of Henry until ratified by a majority of the qualified voters of said county, and for this purpose the ordinary of Henry County shall give notice of the provisions of this Act in the newspaper in which the sheriff's sales are advertised for four weeks previous to the time of holding the general State election in October, for county and state officers for said county for 1914, 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 repeal, and those opposed to the provisions of this Act shall have written or printed on their ballots Against repeal, and if a majority of the qualified voters of said county shall vote For repeal, then the provisions of this Act shall become operative and of full force on the first day of January, 1915. If a majority of the qualified voters of said county shall vote Against repeal, then the provisions of this Act shall be void. Ordinary to assume control. Proviso, that this Act be ratified by popular vote. Form of ballots. 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 15, 1914. JONES COUNTY COMMISSIONER, AMENDING ACT. No. 387. An Act to amend an Act entitled An Act to create the office of county commissioner of Jones County; to provide for his compensation; to provide for the appointment

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of a clerk for said commissioner; to provide for his compensation; to define the duties and powers of said commissioner, and for other purposes, approved August 11, 1913, so as to reduce the compensation of said commissioner from fifteen hundred ($1,500) dollars per annum to $1,000 per annum, and for other purposes. SEC. 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 7 of an Act approved August 11, 1913, creating the office of county commissioner of Jones County be amended by striking the words one hundred and twenty-five dollars per month, after the word of in the second line of said section, and inserting in lieu thereof, the words one thousand, so that said section when so amended shall read as follows: That said county commissioner shall receive for his services one thousand dollars per annum, to be paid monthly out of the county treasury of Jones County, on his warrant, drawn for that purpose. Nor shall he receive any further compensation except upon an order of the judge of the superior court, after showing made that the successful conduct of the county affairs demanded an expenditure not provided for in this Act, same to be paid by the county treasurer upon an order of the judge of said superior court. Act of 1913 amended. Compensation reduced. SEC. 2. Be it further enacted that the provisions of this Act shall become effective January 1st, 1915. Effective January 1, 1915. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914.

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LAURENS COUNTY COMMISSIONERS CREATED. No. 482 (House Bill 1071). An Act to create a board of commissioners of roads and revenues in and for the county of Laurens; to provide for the election of commissioners who shall constitute said board, to prescribe their term of office, their duties, fix their compensation, 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 a board of commissioners of roads and revenues in and for the county of Laurens, to consist of five persons, is hereby created; said commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are hereinafter defined. This Act to be of force on and after the first day of January, 1915. Board of five created. Eligibility. Act effective Jan. 1, 1915. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the said county of Laurens shall be divided into five (5) road districts, to be as follows, to-wit.: That the first road district shall be composed of the following G. M. districts: Dublin, Pinetucky and Lowry; the second road district shall be composed of the following G. M. districts: Hampton's Mill, Reedy Springs, Chadwell and Burch; the third road district shall be composed of the following G. M. districts: Bailey's, Burghamy's, Dudley's and Harward's; the fourth road district shall be composed of the following G. M. distracts: Buckeye, Jackson and Carter's; the fifth road district shall be composed of the following G. M. districts: Oconee, Smith and Rockledge. Road districts defined. SEC. 3. Be it further enacted by the authority aforesaid, That W. B. Rice, a citizen of said county, be and he is hereby appointed the commissioner from Road District

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No. 1; his term of office shall begin upon the first day of January, 1915, and shall continue until January first, 1919, or until his successor is elected and qualified; that D. R. Coleman be and he is hereby appointed the commissioner from Road District No. 2; his term of office shall begin upon the first day of January, 1915, and shall continue until January first, 1917, or until his successor is elected and qualified; that C. T. Beacham be and he is hereby appointed the commissioner from Road District No. 3, and his term of office shall begin upon the first day of January, 1915, and shall continue until January first, 1917, or until his successor is elected and qualified; that J. J. Wynn be and he is hereby apappointed the commissioner from Road District No. 4, and his term of office shall begin upon the 1st day of January, 1915, and shall continue until January first, 1918, or until his successor is elected and qualified; that John S. Drew be and he is hereby appointed the commissioner from Road District No. 5, and his term of office shall begin upon the first day of January, 1915, and shall continue until January first, 1919, or until his successor is elected and qualified. The commissioners in this section named shall, before entering upon the performance of their duties, take and subscribe before the ordinary of said county, an oath to well and truly perform each and all the duties required of them as such commissioners, which oath shall be placed upon the minutes of the first meeting of said board. Commissioners designated, and terms of office stated. SEC. 4. Be it further enacted by the authority aforesaid, That the general election for county officers for said county on October, 1916, there shall be elected by a popular vote in Laurens County, at the same place, under the same rules and regulations and by the same election managers as such county officers are elected, three commissioners to succeed the commissioners whose terms expire upon the first day of January, 1917, and every four years thereafter at the October election for county officers for said county in a like manner three commissioners shall be elected to succeed the commissioners whose terms of office expire upon

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the first day of January thereafter. Likewise, at the October election, 1918, for county officers for Laurens County, at the same place under the same rules and regulations, and by the same election managers as such county officers are elected two commissioners to succeed the commissioners whose terms expire upon the first day of January, 1919, and every four years thereafter at the October election for county officers of said county in a like manner two commissioners shall be elected to succeed the commissioners whose terms of office under this Act expire upon the first day of January thereafter. That the commissioners so elected shall be elected for a term of four years each, or until their successors are elected and qualified, and shall reside and be chosen from the road district from which their predecessors were chosen to serve, the purpose of this Act being that the commissioners herein provided for shall be elected by the entire people of Laurens County, but shall be chosen one from each of the said road districts herein provided for. That if any commissioner, after his election, shall remove from the district from which he was chosen, the office of such commissioner is hereby declared vacant, and shall be filled as is hereinafter provided in case of a vacancy. Election of successors. Vacancy by removal. SEC. 5. Be it further enacted by the authority aforesaid, That in case any primary is called or held for the purpose of nominating any of such commissioners, that such primary shall be called and held throughout the entire county of Laurens, in which the whole people of said county may vote, and it shall be illegal to call or hold any primary for such purpose in any one of such road districts, only road districts being created by this Act only for the purpose that commissioners will always be elected from different parts of said county. Primary election for all of county. SEC. 6. Be it further enacted by the authority aforesaid, That the members of the board of commissioners to be elected under the provisions of Section 4 of this Act shall aways, before entering upon their duties, take and subscribe the following oath, which is to be kept permanently

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on file in the office of said board, to-wit.: I do solemnly affirm that I believe that I have sufficient education and business training to discharge the duties of commissioner of roads and revenues of Laurens County, and that I will faithfully discharge the same to the utmost of my knowledge, skill and ability, endeavoring to promote the welfare and prosperity of the entire county, without fear, favor or affection. Oath of commissioners. SEC. 7. Be it further enacted by the authority aforesaid, That in case of a vacancy upon said board by death, removal, resignation or otherwise, it shall be the duty of the next grand jury convening in said county, provided there shall be no general election between the date of such vacancy and the convening of such grand jury, to appoint some person with the qualifications herein required for commissioners and from the road district thus without representation, to fill such vacancy until the next general election for county officers, at which general election under the same rules and regulations as is herein provided for the election of commissioners, a commissioner shall be elected for such unexpired term. In case of a vacancy the remaining members of such board shall exercise all the powers and functions of said boared until such vacancy is filled, as herein provided. Vacancies, how filled. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners during their term of office are exempt from militia, road and jury duty. Exemptions. SEC. 9. Be it further enacted by the authority aforesaid, That each of the commissioners serving under this Act shall receive as compensation for his services $3.50 per diem when serving at regular or call meetings, or in case the board may appoint one of its members to inspect or collect such information as said board may desire, such an appointment shall not exceed three days in any one month. Compensation of commissioners. SEC. 10. Be it further enacted by the authority aforesaid, That said board shall have the power and authority

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to employ a secretary, whose duties it shall be such as prescribed by said board, and who shall receive such compensation as said board in its discretion may fix. Secretary 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 any one related to any member of said board, for work to be done upon the roads or bridges of said county, or supplies to be furnished to said county, except such work to be done or supplies to be furnished shall be let at public outcry to the best bidder or by sealed competitive bids to the best bidder for the county's interest. Supplies or work, board member cannot contract for. SEC. 12. Be it further enacted by the authority aforesaid, That said board shall publish quarterly reports of expenditures and disbursements, and such reports shall not be mere ledger balances, but plain statements of what money received and from what source, 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. Quarterly reports of expenditures and of indebtedness. SEC. 13. Be it further enacted by the authority aforesaid, That said commissioners shall have full and 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 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 of said county; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care of, management, keeping, collecting or disbursing of any money belonging to the county or appropriated for its use or benefit, and bringing them to a settlement; in making

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rules and regulations for the support of the poor of said county; in making of rules and regulations for the promotion of health, and electing and appointing all minor officials of said county, where election is not otherwise provided for by law or the provisions of this Act; in regulating peddling, and to have and exercise control and management over the convicts of said county, according to law, and to have and to exercise all the powers as would be vested by law in the ordinary of said county when sitting for the county purposes in the absence of this Act, 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 of board, matters within. SEC. 14. Be it further enacted by the authority aforesaid, That the board shall elect an officer, to be known as commissioner-at-large for said county; such commissioner-at-large shall be an ex-officio member of said board, and shall sit with said board in its deliberations and shall have the right to take part in the discussion of such matters as may come before said board; said commissioner-at-large shall not, however, have a right to vote upon matters to be passed upon by said board; he shall be a man with experience in road building, and shall receive such compensation as shall be fixed by said board, not to exceed the sum of fifteen hundred dollars per year, and suitable transportation the most economical for the official discharge of his duties, as ordered by the commissioners. He shall devote his entire time to the performance of his duties as superintendent, and shall not engage in any other business, trade or profession while acting as such commissioner; his duties other than herein prescribed shall be such as may be prescribed by said board; for inefficiency or neglect of duty he shall be subject to removal in the discretion of said board; before entering upon the performance of his duties he shall give bond with good security, to be approved by said board, in the sum of one thousand ($1,000) dollars, conditioned for the faithful performance of his duties as such commissioner, said bond to be payable to said board and their successors in office; he shall take oath before the

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ordinary of said county that he will faithfully discharge all duties devolving upon him and required of him. Commissioner at large to be elected by board. His compensation and duties. SEC. 15. Be it further enacted by the authority aforesaid, That said board shall have the right to lease, hire, or use convicts from other counties whenever said board deems it necessary and to the best interests of the county; said board shall have the right to employ free labor for the purpose of working the roads and bridges of said county whenever they shall deem it for the best interest of the county; said board shall have authority to let out by contract to the lowest bidder any part of the roads of said county, after the publication of a sufficient notice of said work, by inserting said notice in at least two issues of the official organ of the county, said notice to run at least two weeks before bids are received, and before the letting of said contract, in which advertisement shall expire, the time, place and a sufficient description of the road and the work to be done to put bidders on 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 county; any contract for work which amounts to more than fifty dollars, the bidder shall be required to give bond for the faithful performance of the same; which contract and bid shall be always filed in the office of said board and become the permanent record of the same. Convicts, hiring of. Free labor. Contract work. SEC. 16. Be it further enacted by the authority aforesaid, That said board herein created shall, as far as practicable, carry out a system of rotating the work of the several gangs among the road districts until each of such districts shall have received its proportionate part of the work of such gangs, as shall do justice to all sections of the county. Rotation of work. SEC. 17. Be it further enacted by the authority aforesaid, That said board shall meet at the court house of said county on the first Tuesday of each month, which meeting shall be known as the regular meeting of said board; said board shall have authority to call other meetings of said board whenever in the discretion of the board it may

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be necessary; said board shall elect its chairman and shall make such rules and regulations not inconsistent with the provisions of this Act or contrary to law, for its own government as it may deem best. Meetings of board. SEC. 18. Be it further enacted by the authority aforesaid, That within twelve months after qualification of said board, and every twelve months thereafter, said board shall appoint one of its number, who, together with the clerk of such board and a competent accountant who shall be selected by said board, shall audit all books and accounts of the tax collector, treasurer, sheriff and of the board herein created, and make a report of their findings to such board, and the books of the city court for the purpose of ascertaining the amount due the county for fees collected. Said accountant shall receive for such services such sum as may be agreed on between them and said board, such amount to be agreed upon before said work is begun. Audit of books and accounts of county officers. SEC. 19. Be it further enacted by the authority aforesaid, That said board shall have full authority in providing for the collection of a commutation road tax, fixing the amount to be paid or the number of days work on roads of said county in lieu thereof; provided, however, that said commutation tax shall not exceed four dollars or ten days' work on the roads of said county in lieu thereof, and said board shall have full authority to try all road defaulters in accordance of law. Commutation road tax. SEC. 20. Be it further enacted by the authority aforesaid, That this Act shall not become of force and effect until ratified by a majority of votes cast by the qualified voters of Laurens County at an election, which is hereby called to be held on the 19th day of August, 1914, for the purpose of submitting the provisions of this Act to the qualified voters for their approval or rejection, which election shall be held and the result thereof shall be consolidated and declared in the same manner as now provided by law for holding elections for members of the General Assembly. The ordinary of Laurens county shall make all

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necessary arrangements for the holding of said election, and receive such pay as provided by law. At said election voters who wish to cast ballots for the approval of this Act shall have written or printed thereon For the Bill creating the board of commissioners of Laurens County, and those who wish to cast ballots against this Act shall have written or printed thereon Against the Bill creating the board of commissioners of Laurens County. At the court house in said county on the day succeeding said election at twelve o'clock, noon, the result of said election shall be declared by the managers thereof to the ordinary of said county, who shall, under his hand and seal, certify the result thereof to the Secretary of State. This Act not of force until ratified by popular vote. Form of ballots. SEC. 21. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914. LAURENS COUNTY COMMISSIONERS, REPEALING ACT. No. 478 (House Bill 1072). An Act repeal an Act entitled: An Act to reduce the number of county commissioners of Laurens County from eight to three; to reduce the number of road districts from eight to three; to provide for the election of said commissioners by the qualified voters of said districts; to define their powers and duties; 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 from and after the passage of this

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Act, entitled: An Act to reduce the number of county commissioners of Laurens County from eight to three; to reduce the number of road districts from eight to three; to provide for the election of said commissioners by the qualified voters of said districts; to define their powers and duties; to fix their compensation, and for other purposes, approved August 17, 1911, and being No. 127 of the Georgia Laws of 1911, be and the same is hereby repealed. Provided, this Act shall not become operative until House Bill No. 1071, being an Act to create a board of commissioners of roads and revenues in and for the county of Laurens, has been ratified by a vote of the people as therein provided. Act of 1911 repealed, if Act of 1914 be adopted by the people. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914. MADISON COUNTY COMMISSIONERS, REPEALING ACT. No. 361. An Act to repeal an Act creating the office of commissioners of roads and revenues for the county of Madison, approved August 15, 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 the same, That an Act entitled an Act to create the office of commissioners of roads and revenues for the county of Madison, approved August 15, 1910, be and the same is hereby repealed, to take effect on the first day in January, 1915. Act of 1910 repealed. Effective Jan. 1, 1915.

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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 8, 1914. MADISON COUNTY COMMISSIONER CREATED. No. 497. An Act to create the office of commissioner of roads and revenues for the county of Madison; to provide for the election of such officer thereof by the qualified voters of said county; to fix his salary, define his powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the office of commissioner of roads and revenues in and for the county of Madison, to consist of one member, is hereby created. This Act to go into effect and become operative on the first day of January, 1915. Office of commissioner created. Effective Jan. 1, 1915. SEC. 2. Be it further enacted by the authority aforesaid, That all persons eligible to hold other county offices shall be eligible to hold the office of commissioner of roads and revenues in said county. Should a vacancy occur in said office by death, resignation or otherwise, the same shall be filled by appointment by the ordinary of said county, selecting some proper and suitable person to fill said vacancy, and who shall hold said office until his successor is elected and qualified, subject, however, to the approval and confirmation of the grand jury meeting next thereafter, but if, however, said grand jury should not approve said appointment, then they shall have the power to appoint some suitable and proper person, who, after

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taking the required oath and giving bond as hereinafter provided, shall fill said vacancy until his successor is elected and qualified. Eligibility. Vacancy, how filled. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular election for the county officers, to be held in October, 1914, said commissioner of roads and revenues shall be elected for the term of two years, whose term of service shall begin on the first day of January, 1915, and who shall serve for a term of two years and until his successor is elected and qualified. He shall be elected in the same manner and at the same time as is provided for the election of county officers. Election and term of office. SEC. 4. Be it further enacted by the authority aforesaid, That the commissioner elected, as herein provided, shall be commissioned by the Governor for the term of office for which he is elected, and before entering upon the discharge of his duties shall subscribe to the oath before the ordinary of said county required by law for county officers, and shall give bond with good security, to be approved by the ordinary of said county, payable to the Governor of the State and his successors in office, in the sum of five thousand ($5,000.00) dollars, conditional for the faithful performance of his duties as such commissioner, which bond, when approved by said ordinary, shall be by him recorded in the record of official bonds kept by him in his office. To be commissioned by the Governor. Oath. Bond. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues shall hold a regular court for the transaction of public business pertaining to the county matters, the same to be held in the court house of said county, in which the office of the clerk of said court, or office shall be located and kept open in the same manner as other county offices, on the first Tuesday in each month of the year, provided that said commissioner may hold special sessions at any time he may see fit and proper, or be called by him for the transaction of county purposes. And said commissioner shall be authorized to administer oaths and hear testimony as to all

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matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rule and regulations as are provided for other courts. Court for public business. SEC. 6. Be it further enacted by the authority aforesaid, That the commissioner shall appoint a clerk, whose salary shall not exceed five hundred ($500.00) dollars a year, to be paid monthly out of the county treasury, and it shall be the duty of the clerk to attend all business meetings pertaining to the office, and he shall keep in order of the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers addressed to the commissioner concerning the county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said such payment, and the persons to whom paid, and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk, before entering on the discharge of his duties, shall be required to give bond and take the same oath that the commissioner takes, which bond shall be the sum of one thousand ($1,000.00) dollars, payable to said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk, salary and duties of. Books open to inspection of taxpayer. Clerk's bond and oath. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of twelve hundred ($1,200.00) dollars per annum for his services, to be paid monthly at the end of each month's services. Salary of commissioner. SEC. 8. Be it further enacted by the authority aforesaid,

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That said commissioner shall have and exercise jurisdiction and control over the following matters, to-wit: Establishing, altering or abolishing public roads, bridges and ferries, according to law; in directing and controlling all the property of the county that may be expedient, according to law; in establishing, abolishing or changing election precincts or militia districts; in auditing and settling claims of all kinds against the county; in examining and auditing all claims and accounts of all officers having the care, collection, management or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to prompt settlement; in the examination at such time as said commissioner may deem proper and necessary the bank accounts of the county, or the county treasury or other officer having public funds of the county on deposit in any bank; in controlling and managing the convicts of said county according to law; establishing and managing the county chaingang and working the public roads or other public works of the county with the same, and appointing all minor officers of said county pertaining to said roads and revenues, where their election or appointment is not otherwise provided by law. The commissioner shall have exclusive jurisdiction over all subject matter enumerated in Section 4796 of the Civil Code of Georgia, 1911, and in general shall have and exercise all power heretofore vested under the general law in the ordinaries of the several counties of the State when sitting for county purposes, and to exercise such powers as are granted by law, or as are indispensable to his jurisdiction over county matters and the finances thereof. Matters within jurisdiction of commissioner. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioner shall give notice in the county paper which publishes the sheriff's advertisements, once a week for four weeks, of his intention to collect the commutation tax, which notice shall state the time and place, giving one day in each militia district of said county, which time and place shall be further advertised by posting in several of the most public places in said district of said county; that each and all persons subject to pay commutation

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tax shall meet said commissioner and pay said commutation tax. Such commissioner may appoint a suitable person to collect said tax, when it is not convenient for him to do so himself, and such person shall receive compensation as may be deemed proper and just, and such pay to be paid out of the salary of the commissioner. Notice of collection of commutation tax. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioner shall have the power and authority to appoint some suitable and proper person, whose duty it is to take charge of a regular road repairing gang, as may be provided by said commissioner, together with such equipment as may be necessary to carry on said work of repairing, and which shall be done under the supervision of said county commissioner, and which work shall extend to all parts of the county, fixing and repairing those roads in the county first that are most in need of the same. Provided further, that the salary of such person so appointed to do said repairing shall receive not more than three ($3.00) dollars per day, and to employ such other free labor as may be necessary to carry on said repairing, as reasonable as possible to obtain the same; it shall also be the duty of such person so appointed to oversee such repairing work to make out a report at the end of each month the number of days' work done by him, and also as to each hand he may work, and the amount due such hands, naming them, which report shall be under oath, and when approved by said county commissioner shall be paid out of the public road fund of said county. Road repairing. Salary of overseer. SEC. 11. Be it further enacted by the authority aforesaid, That all moneys for public road purposes arising from commutation tax shall be collected and paid directly to said office of the person authorized by said commissioner to collect and receive said tax, and the county treasurer of Madison County shall charge no commission upon the same. In no event shall the commissioner authorize or allow a commission to be paid for the collection of said tax, but the commissioner shall be authorized to employ a suitable and proper person to collect this tax, and pay him

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for such service an amount not to exceed three ($3.00) dollars per day for the days actually employed in such work, which pay to be paid out of the salary of the commissioner. Payment of commutation tax. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioner created by this Act to use all the convict labor as equitably and justly over the county as possible. In the same way the commutation tax collected from the several militia districts of said county shall be expended as fairly and equitably in the district from which collected as can be conveniently done under the circumstances. Convict labor, use of. Expenditure of tax. SEC. 13. Be it further enacted by the authority aforesaid, That the treasurer of Madison County shall not disburse or pay out any funds from the county treasury or any order unless the same shall have been signed by the commissioner himself; provided, this shall not apply to the jury script issued by the clerk of the superior court, and orders drawn by the judge of superior court and Solicitor-General. It shall be the duty of the present board of commissioners of roads and revenues and the ordinary of said county to deliver to the said commissioner all books and papers held by them relating to the jurisdiction and powers herein conferred upon said commissioner. Orders on treasurer to be signed by commissioner. Books and papers to be delivered. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioner to prepare and submit to the grand jury at both the March and September sessions of said court, a full and complete statement of the finances of the county, and said statement shall be made and submitted in such a manner and form that any taxpayer of the county may readily see and be advised of the cost of the county government in every branch of the same, which statement shall be subscribed and sworn to by the commissioner. Said commissioner shall report to the grand jury and show an itemized statement of all receipts and expenditures, and the source from whence received and the purpose for which expended, and the vouchers therefor, and also the number of said persons in said

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county subject to road duty, and the number who have paid their commutation tax and the amount of money received from persons as commutation tax, and the number of persons subject to road duty who neither worked out their time on the road nor paid the commutation tax. Said commissioner shall publish from time to time in the newspaper publishing the county advertisements a full and succinct statement showing the exact condition and state of county finances. Statement of finances, of county. Report to grand jury. Publication of statement of county finances. 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 17, 1914. MONTGOMERY COUNTY COMMISSIONERS, REPEALING ACT. No. 437. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Montgomery; to define the powers and duties of the same, and to provide for the compensation of the members of said board, and for other purposes, approved February 22, 1873, which said Act was amended by an Act approved September 4th, 1885, and by an Act approved December 20th, 1897, and by an Act approved August 20th, 1906, and by an Act approved August 19th, 1911. SECTION 1. 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 in January, 1915, an Act entitled An Act to create a board of

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commissioners of roads and revenues for the county of Montgomery, to define the duties and powers of the same, to provide for the compensation of the members of said board and for other purposes, which said Act was approved February 22, 1873, and which was amended by an Act approved September 4th, 1885, and by an Act approved December 20th, 1897, and by an Act approved August 20, 1906, and by an Act approved August 19th, 1911, be and the same is hereby repealed. Acts of 1873, 1885, 1897, 1906, and 1911 repealed on and after Jan. 1, 1915. SEC. 2. Be it further enacted by the authority aforesaid, That all the amendments to said Act approved February 22, 1873, to-wit.: The Act approved September 4th, 1885, and the Act approved December 20th, 1897, and the Act approved August 20th, 1906, and the Act approved August 19th, 1911, be and all of the same are hereby repealed. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14th, 1914. MONTGOMERY COUNTY COMMISSIONERS CREATED. No. 494. An Act to create a board of commissioners of roads and revenues for the county of Montgomery, consisting of three members; to prescribe their duties and fix their compensation; to prescribe their qualifications; to divide the said county of Montgomery into three road districts and provide for the election of one commissioner from each of said districts; to provide for the

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holding of primary elections in the district from which a commissioner is to be elected or chosen; to provide for a clerk of said board and fix his compensation; to provide for an attorney for said board and fix his compensation; to provide for the publication of quarterly reports of the actings and doings of said board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day in January, 1915, there shall be a board of commissioners of roads and revenues for the county of Montgomery, consisting of three members. Said commissioners shall be residents of said county of Montgomery at least two years next preceding the date of their election, and shall be freeholders of said county of Montgomery, and qualified to vote for members of the General Assembly of the State of Georgia. Effective Jan. 1, 1915. Board of three created. Eligibility. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act the said county of Montgomery shall be divided into three road districts, as follows, to-wit.:: District No. 1 to be composed of Long Pond, Higgston, Kibben and Tiger Militia Districts; District No. 2 to be composed of Mount Vernon and Lothair Militia Districts, and District No. 3 to be composed of Tarrytown, Soperton and Orland Militia Districts. Road districts defined. SEC. 3. Be it further enacted by the authority aforesaid, That at the general election for county officers of said county of Montgemory, to be held in October, 1914, there shall be held in the several road districts of said county an election for the election of a commissioner of roads and revenues from each one of said districts, it being the purpose of this Act that the electors from each one of said districts shall elect the commissioner to serve said district. Election in each road district. SEC. 4. Be it further enacted by the authority aforesaid, That on Monday, the 12th day of October, 1914, at the

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hour of 10 o'clock, the commissioners elected under the provisions of this Act for the several districts of said county of Montgomery, shall meet at the court house in said county of Montgomery and draw for terms in the following manner, to-wit.: The clerk of the superior court of said county shall write on one slip of paper the words, Two-Year Term, on another slip of paper the words Four-Year Term, and on a third slip of paper the words Six-Year Term, and said elected commissioners not being present, place said three slips of paper with the words so written thereon into a box or other receptacle, so that the words written or printed thereon cannot be seen, and then he shall call said commissioners into the room where said box or receptacle is, and have said commissioners to draw for terms; and the commissioner drawing the slip of paper with the words Two-Year Term written or printed thereon shall be commissioned by the Governor to hold office until the first day of January, 1917, but at the general election for county officers for the county of Montgomery in the year 1916, and every six years thereafter, the qualified voters of the road district from which said commissioner is elected who draws the two-year term shall elect a commissioner to succeed the one elected and drawing said two-year term; and the commissioner drawing the slip of paper with the words Four-Year Term written or printed thereon shall be commissioned by the Governor to hold office until the first day of January, 1919, but at the general election for county officers for the county of Montgomery in the year 1918, and every six years thereafter, the qualified voters of the road district from which said commissioner is elected who draws the four-year term shall elect a commissioner to succeed the one elected and drawing said four-year term; and the commissioner drawing the slip of paper with the words Six-Year Term written or printed thereon shall be commissioned by the Governor to hold office until the first day of January, 1921, but at the general election for county officers for the county of Montgomery in the year 1920, and every six years thereafter, the qualified voters of the road district from which said commissioner who draws the six-year

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term is elected shall elect a commissioner to succeed the one drawing said six-year term. That each and every commissioner elected as provided for in this Act, except the ones elected hereunder in October, 1914, and except in cases of appointment or election to fill an unexpired term, shall be elected for a term of six years and until their successors are elected and qualified, and shall reside in and be chosen from the road district from which their predecessors were chosen to serve, the purpose of this Act being that the qualified voters of each road district hereinbefore specified shall have the right and privilege of electing the commissioner from such district. That if any commissioner after his election shall remove from the road district from which he was chosen, even if he remains a resident of said county of Montgomery, the office of such commissioner is hereby declared vacant and shall be filled as is hereinafter provided in case of a vacancy. Terms of office to be drawn for. Election of successors. Vacancy by removal. SEC. 5. Be it further enacted by the authority aforesaid, That in case any primary election is called or held for the purpose of nominating a commissioner under the provisions of this Act, that such primary election shall be called and held in the road district only from which such commissioner is to be elected, and it shall be illegal to call or hold any primary election for such purpose except in the road district from which a commissioner is to be chosen or elected. Primary election in road districts. SEC. 6. Be it further enacted by the authority aforesaid, That the members of the board of commissioners provided for under this Act shall always, before entering upon the discharge of the duties of their office, take and subscribe the following oath, which is to be recorded in the book of minutes kept by said board of commissioners, to-wit.: I do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues of Montgomery County and will, to the utmost of my knowledge, skill and ability, endeavor to promote the welfare and prosperity of the entire county of Montgomery, and will do so without fear, favor or affection. And each commissioner shall

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furthermore, before entering upon the discharge of the duties of his office, give bond and good security, to be approved by the ordinary of said county of Montgomery, in the sum of one thousand dollars, to be payable to the Governor of this State and his successors in office, for the faithful performance of his duties as such commissioner of roads and revenues of said county of Montgomery, and the Governor of this State shall, upon the election or appointment of a commissioner, issue to him a commission for the term of office for which he shall be elected or appointed, as in the case of other county officers. Oath of commissioners. Bond. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners of roads and revenues shall be amenable to the grand jury of Montgomery County, and whenever practicable shall carry out the wishes of the people of Montgomery County as expressed in the recommendations of said grand jury, and said grand jury of Montgomery County is hereby given power and authority, upon a vote of two-thirds of said grand jury, to remove from office or reprimand any commissioner of said county for inefficiency, misconduct in office, neglect of duty, or for other conduct which in the opinion of such grand jury warrants such action; provided, however, that before any commissioner is removed from office by the grand jury he shall be given an opportunity to be heard by the same in his own behalf. Grand Jury's recommendations to be carried out. Removal of commissioner after a hearing. SEC. 8. Be it further enacted by the authority aforesaid, That in case of a vacancy upon said board by death, removal from the road district, resignation or otherwise, it shall be the duty of the ordinary of said county to appoint some person with the qualifications herein required for commissioners and from the road district thus without representation to fill such vacancy until the next general election for county officers of said county of Montgomery, at which said general election and under the same rules and regulations as is herein provided for the election of commissioners, a commissioner shall be elected for such unexpired term; and all commissioners shall hold office until

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their successors are elected and qualified. Provided, however, that if a vacancy occurs within less than six months of the expiration of the term of the appointee of said ordinary, then and in that event such appointee of the ordinary shall hold until the end of the unexpired term. Vacancies, how filled. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners during their terms of office shall be exempt from militia, road and jury duty. Exemptions. SEC. 10. Be it further enacted by the authority aforesaid, That each of the commissioners serving under this Act shall receive as compensation for his services the sum of one hundred ($100.00) dollars per annum, payable monthly, and no commissioner serving hereunder shall receive in addition to the compensation above specified for more than two days' extra service in each month at the rate of $3.00 per day. Any commissioner serving under this Act charging or attempting to charge for services not herein provided for shall be removed from office by the grand jury of the said county of Montgomery. Compensation of commissioners. SEC. 11. Be it further enacted by the authority aforesaid, That said board of commissioners shall have power and authority to employ a secretary or clerk (which said secretary or clerk may be a member of said board if said board sees fit to employ one of its members as such), and whose duties shall be such as are prescribed by said board and who shall receive a salary of not more than $25.00 per month as compensation for his services as such secretary or clerk. Clerk of board, and his salary. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall meet at the court house of said county on the first Tuesday in each and every month for the transaction of public business; and said board of commissioners shall elect one of its members as chairman of said board, and it shall have power and authority to make such rules and regulations, not inconsistent with the provisions of this Act, not contrary to the laws of this State, for its own government as it may deem best. Meetings.

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SEC. 13. Be it further enacted by the authority aforesaid, That said board of commissioners shall not hire or employ any member of said board of commissioners (except if they see proper to do so they may hire or employ one of their number as secretary or clerk of said board), or with any one related to any member of said board within the second degree of affinity or consanguinity, for work to be done upon the roads or bridges of said county, except such work to be done shall be let at public outcry before the court house door of said county to the lowest and best bidder, or by sealed competitive bids to the lowest and best bidder, after advertising for such bids for four consecutive weeks in the newspaper in which the sheriff's advertisements for said county are published. Road and bridge work to lowest bidder, not a commissioner, etc. SEC. 14. Be it further enacted by the authority aforesaid, That said board of commissioners is hereby given power and authority to employ and retain a competent attorney-at-law, whose compensation shall not exceed $150.00 per annum, to be paid quarterly out of the county treasury of said county of Montgomery, who shall be a resident of the said county of Montgomery for at least two years next preceding the time of his employment, to advise said board concerning all such county matters as may come before them pertaining to the duties of such board of commissioners, and to represent said board of commissioners in any and all litigation in which the county of Montgomery is or may be an interested party. In addition to the compensation herein provided for, said board of commissioners are authorized and empowered to reimburse said attorney so employed by them for any expenses incurred by him should he be required by said board to go beyond the limits of said county in attending to any legal matters for said board of commissioners. Attorney-at-law, employment and compensation of. SEC. 15. Be it further enacted by the authority aforesaid, That said board of commissioners shall be required to publish quarterly reports of all expenditures and disbursements made by them, and such reports shall not be mere ledger balances, but shall be plain statements of what

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money has been received and from what sources, and how expended, and shall be so expressed that any man of average experience and intelligence can understand what is meant thereby and what has been done with the county's money, and at the same time said board of commissioners shall publish a full statement of how much money the county owes and to whom the same is due. Said board of commissioners are hereby commanded and directed to publish said statement quarterly in the county paper in which sheriff's advertisements for said county are published, and they are authorized and empowered to pay therefor out of any funds in the county treasury a reasonable compensation for such publication, which, in no event, shall exceed the sum allowed for legal advertisements. Quarterly reports of expenditures, and of indebtedness. To be published in county newspaper. Payment therefor. SEC. 16. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction and control of the following matters, towit.: In directing and controlling all of the property of the county as they may deem expedient and to the best interest of the people of the county, and in accordance with the laws of this State; in levying taxes in accordance with the laws of this State; in establishing, altering or abolishing roads, bridges and ferries according to law; in establishing, abolishing or changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books, and in allowing the insolvent lists of said county of Montgomery; in settling all claims, charges, or demands against the said county of Montgomery; in examining and auditing all claims and accounts of officers having the care, keeping, collecting or disbursing any money belonging to the county of Montgomery or appropriated for its use or benefit, and bringing all such officers to a settlement; in making rules and regulations for the support and maintenance of the poor of said county; in making rules and regulations for the promotion of the public health; in electing or appointing all minor officials of said county where an election is not otherwise provided for by law or the provisions of this Act; in regulating peddling in said county; and to have and exercise control and

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management over the convicts of said county according to the laws of this State, and to have and exercise all the powers as would be vested by law in the ordinary of said county when sitting for county purposes in the absence of this Act; and to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finances. Matters within jurisdiction of the board. SEC. 17. Be it further enacted by the authority aforesaid, That said board of commissioners shall have authority to elect a superintendent of roads and bridges for said county, which said superintendent of roads and bridges shall also be convict warden for the convicts worked upon the public roads of said county of Montgomery; said superintendent shall be a man with experience in road building and shall receive such compensation as shall be fixed by said board of commissioners, not to exceed the sum prescribed by the general law of this State as compensation for convict wardens; said superintendent shall devote his entire time to the performance of his duties as such superintendent and shall not, neither directly nor indirectly, engage in any other business, trade or profession while acting as such superintendent and convict warden. For inefficiency or neglect of duty, he shall be subject to removal from office in the discretion of said board of commissioners. Before entering upon the performance of his duties he shall give bond with good security, to be approved by the said board of commissioners, and payable to the ordinary of the said county of Montgomery, and his successors in office, in the sum of one thousand dollars, conditioned for the faithful performance of his duties as such superintendent and convict warden; and he shall also take and subscribe to an oath before the said board of commissioners, that he will faithfully discharge all the duties devolving upon him and required of him, as such superintendent and convict warden; and his duties shall be such as are prescribed by said board of commissioners and as are not inconsistent with the general laws of this State. Superintendent of roads and bridges. His compensation. His entire time given. Subject to removal. Bond. Oath. Duties. SEC. 18. Be it further enacted by the authority aforesaid,

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That it shall be a misdemeanor for any commissioners, the secretary or clerk of said board of commissioners, the superintendent of roads and bridges, or convict warden, any convict guard in the employment of the county of Montgomery, or any other person or persons employed either directly or indirectly, by said board of commissioners to perform any service or labor for said county of Montgomery; to have any financial interest in, either directly or indirectly, or to receive any bonus, percentage, gift or any other thing of value for the purchase of any article sold to said county of Montgomery, or bought from said county of Montgomery by any person or persons, or to keep and feed at the convict camp of said county any horse, cow, hog or other domestic animal (except that the superintendent of roads and bridges and convict warden may keep and feed one horse or mule at said camp for his own use) other than those used exclusively in the service of said county. Any commissioner or employee of theirs so offending may be removed therefor by the grand jury of Montgomery County, and any person so offending shall upon conviction be punished as for a misdemeanor. Penal offense to be interested in work or supply. SEC. 19. Be it further enacted by the authority aforesaid, That said board of commissioners, within twelve months after assuming the duties of their office, shall have the books and accounts of the tax collector, tax receiver, treasurer, sheriff, superintendent of public schools and the board of commissioners hereby created audited by some certified public accountant of this state; provided, said audit of said books shall be recommended by the grand jury of said county of Montgomery; and a like audit of said books of said officers shall be had at least once every two years thereafter; provided, said audit of said books shall be recommended by the grand jury of said county; and said board of commissioners is hereby authorized and empowered to make such contracts as may be necessary in order to carry out the purpose of this section of this Act, whenever such audit is so recommended by the grand jury of said county. Audit of books of county officers. Proviso.

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SEC. 20. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the right and power to lease, hire, or use convicts from other counties whenever said board of commissioners may deem it necessary, and to the best interest of the county of Montgomery; said board of commissioners shall have the right to employ free labor for the purpose of working the roads and building and repairing the bridges of said county whenever they deem it to the best interest of the county; said board shall have the authority to let out by contract to the lowest and best bidder any part of the roads of said county after publication of a sufficient notice of said work by inserting said notice in at least four consecutive issues of the official organ of said county before the letting of said contract, in which advertisement the time and place of letting said contract shall be given, as well as a sufficient description of the road and work to be done thereon to put bidders on notice of what would be expected of them, and when necessary make out detailed specifications for the benefit of the bidder or bidders, as well as the county; any contract for work to be done which amounts to more than fifty dollars the successful bidder shall be required to give bond, with good security, payable to said board of commissioners and their successors in office and to be approved by them, for the faithful performance of said contract, and which said bond shall be recorded on the minutes kept by said board of commissioners, and thereby become a permanent record in the office of the same. Convicts may be hired. Free labor. Contract for work on roads. SEC. 21. Be it further enacted by the authority aforesaid, That the said board of commissioners of roads and revenues for said county of Montgomery, hereby created, shall, as far as practicable, work out an equitable system of rotating the work of the convict gang among the roads of the several road districts hereby created until the public roads in all of said road districts shall have received their proportionate part of the work of such convict gang. Rotation of road work. SEC. 22. Be it further enacted by the authority aforesaid, That said board of commissioners of said county shall

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cause the convict gang of said county to work all of the public streets of the various incorporated towns or municipalities of said county of Montgomery, which are continuations of the public roads of said county, leading into or through the said various incorporated towns or municipalities aforesaid. Convicts to work on streets of municipal corporations. SEC. 23. Be it further enacted by the authority aforesaid, That said board of commissioners shall have full power and authority in providing for the collection of a commutation tax, fixing the amount of money to be paid or the number of days to be worked on the public roads of said county in lieu of said commutation tax, which said commutation tax so collected shall be paid into the county treasury of said county of Montgomery as other taxes; provided, however, that said commutation tax shall not exceed the maximum amount now fixed by the general laws of this State or work on the public roads of said county not to exceed the maximum number of days now prescribed by law in lieu thereof, and in trying and punishing all road defaulters in accordance with the general laws of this State. Commutation tax. SEC. 24. Be it further enacted by the authority aforesaid, That the first meeting of the board of commissioners hereby created shall be held at the court house of said county of Montgomery on the first Tuesday in November, 1914, at which time said board of commissioners shall organize by electing one of their number chairman of said board, and by electing a secretary or clerk of said board; and they shall also at said meeting elect a superintendent of roads and bridges and convict warden, and if they deem it necessary an attorney-at-law, to advise said board, as is hereinbefore provided by law. Organization of board. SEC. 25. Be it further enacted by the authority aforesaid, That the term of office of the present board of commissioners of roads and revenues of Montgomery County, consisting of five members, shall not expire until the board of commissioners hereby created have been elected and qualified, as is herein provided. Terms of present commissioners.

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SEC. 26. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1914. POLK COUNTY, ROCKMART SCHOOL DISTRICT LINE CHANGED. No. 347. An Act to change the line of the Rockmart School District, eliminating land lot numbers 505, 506, 507, 508, 509, 510 and 511 from said district, and transfer the same to the Buncombe School District; to re-establish the line of said districts, 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: Whereas, in laying out the Rockmart School District, land lot numbers 505, 506, 507, 508, 509, 510 and 511, owned by I. J. Stephenson, G. W. Brock and J. S. Spinks, all lying and being in the eighteenth district and the third section of Polk County, Georgia, were cut into said district; and whereas, said lots are located near White River School House, in Buncombe School District; and whereas, the Rockmart School District has voted local taxation to support the local schools; and whereas, the landowners, to-wit.: I. J. Stephenson, G. W. Brock and J. S. Spinks are now forced to pay taxes to the Rockmart schools, and said schools are inaccessible to said parties, and their children attend the school at White River, in the Buncombe District; now, therefore, from and after the passage of this Act said land lot numbers 505, 506, 507, 508, 509, 510 and 511 are eliminated from the Rockmart School District, and said line of the Rockmart School District is so changed

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that it runs along the south side of said lots, placing said lot numbers 505, 506, 507, 508, 509, 510 and 511 north of said Rockmart School District, cutting said lot numbers 505, 506, 507, 508, 509, 510 and 511 from the said Rockmart School District and placing them in the Buncombe School District, and the owners of said lots are relieved from taxation for the year 1914. Preamble. Land lots taken from Rockmart district and put in Buncombe district. Be 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, 1914. PULASKI COUNTY COMMISSIONERS CREATED. No. 396. An Act to create a board of commissioners of roads and revenues for the county of Pulaski, in the State of Georgia; 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. 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 a board of commissioners of roads and revenues for the county of Pulaski, State of Georgia, to consist of three members, is hereby created. Said commission shall each be a qualified voter of said county. Board of three members created. SEC. 2. Be it further enacted that the county of Pulaski shall be divided into three road districts, the first road district consisting of that part of the county lying east of the Ocmulgee River; the second road district consisting of that part of the county known as the Blue Springs and Hawkinsville districts, and the third road district shall

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consist of the Whitfield, Finleyson and- DuPree Militia Districts. One of the commissioners shall be elected from each of said road districts. Road districts defined. SEC. 3. Be it further enacted by the authority aforesaid, That the first commissioner to be chosen under this Act shall be selected by the grand jury of said county, chosen and sworn for the August term, 1914, of the superior court of said county, one of said commissioners shall be chosen for one year, one shall be chosen for two years, and one for three years, and shall hold their office until their successors are elected and qualified. Annually thereafter, at a meeting of the grand jury, or at the next term thereafter, beginning with the year 1915, the grand jurors shall choose for the term of three years, a commissioner, thus keeping the board at all times composed of three commissioners. In the event of a vacancy in the board, caused by death, resignation or otherwise, it shall be the duty of the ordinary of said county to appoint some qualified person of said county, living in the district where the vacancy occurred, as commissioner, who shall hold such office until the convening of the next grand jury, either in regular or special term, at which time the grand jury shall select a commissioner for such unexpired term. Election of commissioners by grand jury. Vacancies, how filled. SEC. 4. Be it further enacted that said board of commissioners shall have the right and power to choose one of their number as chairman, who shall receive a salary fixed by said board, not to exceed the sum of two hundred and fifty dollars per year. The other of said commissioners shall receive the sum of three dollars per day for each day while actually engaged in the business for the county, but in no event to receive more than seventy-five dollars for any one calendar year. Said board shall have the right to select a secretary, attorney and such other help as they may deem necessary from time to time, and to fix their compensation at such amount as may seem reasonable, just and equitable. Chairman and his salary. Compensation of other commissioners. Secretary, attorney, etc., pay for. SEC. 5. Be it further enacted, That said commissioners shall have the right to fix the dates of their regular meetings

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and the chairman shall have the right to call a special meeting at any time he may see fit for the transaction of business. Meetings. SEC. 6. Be it further enacted, That the commissioners chosen hereunder shall at all times be answerable to the grand jury of said county, said grand jury may prefer charges against either of said commissioners for misconduct in office, and on conviction after trial before said grand jury, said commissioner may be removed from office. This provision is made cumulative to the laws of Georgia with reference to punishing any officer or commissioner for misconduct in office. Commissioners answerable to grand jury. SEC. 7. Be it further enacted, That said commissioners shall have control of property belonging to the county; shall have the right to levy taxes according to law, to establish, abolish, change, and lay out roads, bridges, ferries, etc., according to law; to operate the chaingang; to supervise the books of the tax collector and tax receiver, and to have all other and further duties that formerly devolved on the justice of the inferior court or on the ordinary in reference to county matters and property. Powers of commissioners. SEC. 8. Be it further enacted, That said commissioners, as long as a chaingang is operated in said county, shall see to it that said chaingang shall work at least twenty-six days each year in each militia district. chaingangs. SEC. 9. Be it further enacted, That the members of the board of commissioners and the secretary of the said board shall be exempt from jury duty during their term of office. No bill shall be paid by the commissioners until it has been audited and approved by two members of said board of commissioners. Exemptions. SEC. 10. This bill shall not become effective until the first commissioner, contemplated by section 3 hereof shall have been chosen and qualified. This Act effective when.

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SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws heretofore enacted creating the office of commissioner of roads and revenues of said county, and all other laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 12, 1914. PUTNAM COUNTY COMMISSIONERS, AMENDING ACT. No. 366. An Act to amend an Act entitled, An Act to create a board of commissioners of roads and revenues for the county of Putnam, and to define its powers and duties, approved September 8, 1879, as amended by an Act approved August 11, 1913, by adding to said Act as amended at the end of Section XII, the words and said board of commissioners of roads and revenues shall have all reports of said audits published, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled, An Act to create a board of commissioners of roads and revenues for the county of Putnam, and to define its powers and duties, approved September 8, 1879, as amended by an Act approved August 11, 1913, be, and the same is, hereby amended by adding to said Act as amended at the end of Section XII the words, and said board of commissioners of roads and revenues shall have all reports of audits published, so that said Section XII, when so amended, shall read as follows: Section XII. Be it further enacted, That it is hereby made the plain duty

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of said board of commissioners of roads and revenues to employ a certified public accountant once each year to audit all the books of the county officers including tax collector, county commissioners, sheriff, ordinary, clerk superior court, treasurer, county solicitor and county court; both as to funds and as to county records, and that a report of said audit be made to the grand jury at the March term of the superior court each year, and shall be used for book committee for that body, and that said audit shall be under the supervision and direction of said board of commissioners of roads and revenues, and said board of commissioners of roads and revenues shall have all reports of said audits published. Acts of 1879 and 1913 amended. To be read as amended. Audits of books of county officers to be published. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914. RICHMOND COUNTY BOARD OF EDUCATION, CANDIDATES FOR MEMBERSHIP. No. 509. An Act to amend An Act to regulate public instruction in the county of Richmond, so as to require all persons intending to become candidates, at any regular election, for membership on the board of education of said county, to file notice of such intention; to provide that in case not more than one such notice is filed in respect to any such position that the person filing such notice shall be, without an election, declared the incumbent of such position for the next ensuing term and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That An Act to regulate public instruction in the county of Richmond approved August 23, 1872, and recorded in Georgia Laws of same year, pages 456-463, is amended as follows: That every person hereafter intending to become a candidate for membership on the board of education, at the regular elections, as now fixed by law for the first Saturday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the clerk of the board of commissioners of roads and revenues of Richmond County with said clerk a declaration or notice of such intention, stating in addition, the ward, district, incorporated town or village. A written acknowledgement of the receipt of such declaration from said clerk shall always be evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue of this Act, becomes the incumbent of such position for the next ensuing term, as now fixed by law; and the said clerk of the board of cimmissioners of roads and revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, published, in each daily paper of the city of Augusta, a declaration to that effect, and shall also publish, on the said Monday and the two days succeeding, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the official notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this Act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward, district, incorporated town or village as such condition may exist. That in case no notices or declarations in regard to any particular place or position are filed, as

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heretofore required, the board of education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the board of commissioners of roads and revenues of Richmond County must certify as to the unopposed candidates and this will be the authority of the Secretary of State for issuing commissions to such unopposed candidates. Act of 1872 amended. Candidates must file notice. Evidence of filing. Sole candidate becomes incumbent. Publication by clerk. Election, when not held. Vacancy, when filled by board of education. Election, when held. Commissions, authority to issue. 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 17, 1914. TOOMBS COUNTY COMMISSIONERS, AMENDING ACT. No. 354. An Act to amend Section 9, of the Act entitled 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, approved August 17th, 1912, so as to provide that the board of commissioners of roads and revenues of Toombs County, Georgia, shall hold their regular meetings on the first Monday, instead of on the first Tuesday in each month. SECTION 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 Nine (9), of the Act to create a board of commissioners

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of roads and revenues in and for the county of Toombs, and for other purposes, approved August 17, 1912, be, and the same is, hereby amended by striking out the word Tuesday in the third line in Section Nine (9), of said Act and inserting in lieu thereof the word Monday, so that said section when amended shall read as follows: Section 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 Monday in each month, and may adjourn from day to day and may hold called sessions whenever in their opinion public necessity requires the same. Act of 1912 amended. To be read as amended. Meetings of board. 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, 1914. TOOMBS COUNTY ROADS AND BRIDGES. No. 389. An Act to amend An Act to provide for the working of the public roads and the building and repairing of bridges in the county of Toombs; to authorize the ordinary, county commissioners, or whoever may have charge of the county affairs of said county to appoint a road superintendent of public roads and bridges, and overseers, and to fix their qualifications, compensation, and define their powers and duties; to provide who shall be subject to road duty and commutation tax in lieu of work, and to provide for the punishment of defaulters and delinquent officers; to provide for levying a tax for road purposes; to authorize the proper authorities to

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purchase, hire or rent all machinery, implements, stock, tools and other things necessary for the working of said public roads and bridges and repairing the same, and for other purposes, approved August 19, 1907; also to amend an Act approved August 14, 1909, and also an Act, approved August 18, 1911, both of said Acts being amendatory to said Act of August 19, 1907, so as to extend the time for trying road defaulters in said county of Toombs, to repeal that part of the amendatory Act, approved August 14, 1909, requiring the authorities in said county to give notice of publication in the official organ of said county as to the time and place of payment of the commutation road taxes; to change the dates of collecting the commutation road taxes in said county; to create a common bridge fund for the entire county of Toombs, 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 Seven (7), of the Act providing for the working of the public roads and the building and repairing of bridges in the county of Toombs in this State, and for other purposes, approved August 19, 1907, be and the same is, hereby amended by striking out the word thirty in the seventh line of said section and inserting in lieu thereof the word sixty, so that said section when so amended shall read as follows: Section 7. Be it further enacted, That the ordinary, the commissioners of roads and revenues, the county judge, as the case may be, or who ever has charge of the county affairs of Toombs County, with the superintendent of public roads, shall constitute a court, and are hereby authorized and empowered to try all defaulters; and said authorities shall hold their court for that purpose anytime within sixty days after the time set forth for the working of the public roads of the county of Toombs, at any place in said county, as may be fixed by said authorities and that

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ten days notice shall be given of the time and the place to defaulters. The said authorities shall have the same authority as all other courts in the trial of road defaulters, to keep order, to compel the attendance of witnesses to swear witnesses, take testimony and to punish for contempt, issue executions for fines, impose fines, issue commitments, impose penalties. Act of 1907 amended. To be read as amended. Court to try defaulters. Notice. Powers. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3, of the amendatory Act, approved August 14, 1909, be and the same is hereby amended by striking out all the following words, beginning near the middle of line 16 of said section: The board of commissioners of roads and revenues of Toombs County, or ordinary, shall give notice of the date appointed for the collection of the commutation tax, in which notice they shall specify the time, place and party to whom it shall be paid which notice shall be inserted in the official organ or county paper of the county of Toombs, at least four times before the date on which the time shall expire for the payment of said tax. The payment of said tax shall be divided in two payments, the first to be collected on or before the second and fourth Saturdays in March of each year, and the second payment on or before the second and fourth Saturdays in September of each year, and inserting in lieu thereof the following words: As a commutation tax said tax shall be paid to the authorities now authorized by law to collect the same between the 15th day of September and the 15th day of October of each year, so that said section when amended shall read as follows: Section 3. Be it further enacted, That the above recited Act known as the public road law of Toombs County, approved August 19, 1907, be amended by striking from said Act all of Section 3, of said Act, and inserting in lieu thereof the following: That every male citizen of the county of Toombs between the ages of twenty-one and fifty years shall be subject to road duty, except those who are physically or mentally disabled, also ministers of the Gospel who are serving regularly one or more churches or those citizens residing within the corporate

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limits of a town or city, and they shall be required to work on the public roads of Toombs County for the term of six days of each year, or to pay to the overseer or other person designated by the county authorities the sum of 50 cents per day for each day they are required to work, as a commutation tax. Said tax shall be paid to the authorities now authorized by law to collect the same between the 15th day of September and the 15th day of October of each year. Act of 1909 amended. To be read as amended. Road work or commutation tax. SEC. 3. Be it further enacted by the authority aforesaid, That Section 5 of the Amendatory Act, approved August 18, 1911, on pages 504, 505 and 506 of Georgia Laws 1911, be amended by striking all of said Section 5, of said amendatory Act and inserting in lieu thereof the following: That the board of commissioners of roads and revenues of said county of Toombs, or whoever may have charge of the affairs of said county, shall fix and levy a tax, additional to any tax now authorized by law, which shall be denominated as a road and bridge tax, which shall not exceed sixty-five (65) cents on the one hundred dollars on all the taxable property of said county of Toombs, ten-thirteenths (10/13) of the fund so raised, with the commutation tax heretofore provided, shall be known as the public road fund of the county of Toombs, and shall be used and expended for the purpose of paying salaries and wages and other necessary expenses thereto attached, as hereinafter provided, and for working, building, improving and repairing the public roads of said county, and hiring, purchasing, and renting all necessary machinery, implements, tools and stock, necessary for the building, working and repairing of said public roads. The other three-thirteenths (3/13) of the fund so raised shall be known as the common bridge fund of Toombs County and shall be kept separate from the public road fund of said county, and shall be used and expended for the sole purpose of building and repairing the bridges in said county and in purchasing material and piping for culverts. Said public road fund and said common bridge fund shall be paid to the board of commissioners of

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roads and revenues of said county, or other authorities of the county affairs, by the tax collector of said county, and any person that may be designated by the board of commissioners of roads and revenues, ordinary, or other authorities to collect commutation tax, and they shall take their receipt for same. They shall furnish said board of commissioners of roads and revenues, or other authorities in charge of the affairs of said county, at the time of paying in said funds, a statement, showing the amount collected from each militia district in said county of Toombs, and it shall be the duty of said board of commissioners of roads and revenues, or others in charge of the affairs of said county to keep a book showing the amounts received, from what sources received, and from what militia districts; and they shall also keep a book of accounts of all moneys paid out by them, and to whom paid and in what militia district it was expended and for what purpose. It shall also be the duty of said board of commissioners of roads and revenues, or whoever may have charge of the affairs of said county, to have published in some newspaper published and having a general circulation in said county, semi-annual statements of receipts and disbursements up to the first day of January and first day of July of each year; said statements of receipts and disbursements shall be full and complete showing from what sources the same was received and for what purposes expended, from what militia district the same was received and in what militia district it was expended and the balance on hand, if any, to the credit of each militia district in said county. Said statements shall be sworn to by the members of the board of commissioners, or other authorities in charge of the affairs of said county, before some officer in said county authorized by law to administer oaths, which statement shall be by the chairman of the board of commissioners of roads and revenues of said county or other parties in charge of the affairs of the same, placed in the hands of the grand jury of the Superior Court of Toombs County at the convening of each session of said superior court on the 3d Monday in February and August of each year, and it shall be the duty of the grand jury of said

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county of Toombs to examine the condition of the roads and bridges of said county, to thoroughly investigate the correctness of the statement submitted to the board of commissioners of roads and revenues, ordinary, or other authorities in charge of the affairs of said county and the books kept by them, and the receipts taken by the different officials having charge of the affairs of said county, and shall make a report of their findings. Act of 1911 amended. Road and bridge tax. How expended. Book of accounts of receipts and payments. Semi-annual statements of receipts and disbursements to be published. Duty of grand jury. 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 12, 1914. UNION COUNTY COMMISSIONERS CREATED. No. 483. An Act to create a board of commissioners of roads and revenues for the county of Union, and to define their 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 Union shall be established, to consist of three persons, to-wit.: Eugene Butt, and Dr. F. J. Erwin, whose term of office shall expire on the 25th day of October, 1916; and W. D. Hendrix, whose term of office shall expire on October 25, 1918; the commissioners herein named are hereby commissioned to Act in all matters of which they have jurisdiction by virtue of this Act; and they shall serve as such commissioners until their successors are elected and qualified. Board of three created. Names and terms of office.

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SEC. 2. Be it further enacted by the authority aforesaid, That the term of office of the above named commissioners shall commence upon the passage of this Act; and that they shall meet once in each month in their office which shall be in the court house in the town of Blairsville, for the transaction of business pertaining to their office; and at their first meeting said board shall organize with full power to act as a board of commissioners of said county; and that they shall at their first meeting fix the date on which they shall meet in each month, advertise the same for one month in the paper in which the Sheriff's sales are advertised, and at their first meeting they shall elect one of their members chairman of said board, who shall serve during his term of office or until his successor is elected and qualified, the successors to the members of said board shall be elected by the grand jury at the fall term of the superior court and shall serve two years or until their successors are elected and qualified; and that they shall have power to elect a clerk for said board or require one of said board to Act as clerk and fix his compensation not to exceed $2.00 per day for each day's service. Meetings. Advertisement of date of meeting. Election of successors by grand jury. Clerk and his pay. SEC. 3. Be it further enacted by the authority aforesaid, That in case of vacancy in said board, occasioned by death, resignation or otherwise, between the passage of this Act and the selection and qualification of the successors to said members of said board, the judge of the superior court of the northeastern circuit shall fill such vacancy for the unexpired term. Vacancies, how filled. SEC. 4. Be it further enacted by the authority aforesaid, That two of said members shall constitute a quorum for the transaction of any business that may come before said board. Quorum. SEC. 5. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction, when sitting for county purposes, over the following subject matter, to-wit.: Jurisdiction, matters within. First, in building and repairing and controlling all property

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of the county as they may deem expedient according to law. Second, in levying a general tax for general purposes and a special tax for special purposes according to the provisions of the Code and special enactments of the General Assembly. Third, in establishing, altering, building, repairing and abolishing all roads and bridges in the county of Union in conformity with law. Fourth, in establishing and changing election precincts and the lines of militia districts, and in all matters pertaining to water courses which are deemed fences. Fifth, in examining, auditing and allowing all claims for or against the county of Union. Sixth, in examining and auditing the accounts of all the county officers who receive or pay out money of the county or State, and in examining and reviewing all matters of record, as required to be kept by law. Seventh, in collecting and disbursing all funds belonging to the county 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. SEC. 6. Be it enacted by the authority aforesaid, That no person shall be competent to serve on said board who is not a citizen of Union County, and who shall have not taken the following oath to-wit.: You do solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenues of the county of Union in all matters which require your official action you will so act as in your judgment will be conducive to the welfare and prosperity of the county, before the ordinary or clerk of the Superior court of said county. Oath.

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SEC. 7. Be it further enacted by the authority aforesaid, That all debts owing by the county shall be paid by warrants or checks drawn on the county treasurer signed by the chairman of said board and countersigned by the clerk of said board; provided this shall not apply to jury script and orders drawn by the judge of the superior court, and that they shall keep a record of all such transactions. Warrants or checks on treasurer, how signed. SEC. 8. Be it further enacted by the authority aforesaid, That said board of commissioners shall be paid out of any money in the county treasury the sum of $2.00 dollars per day for the time they are actually sitting for county purposes or when they are, or when any one of them is engaged in attending to business of the county by direction of said board of commissioners, and no member thereof shall receive any pay unless he actually served on the day charged. Compensation of commissioners. SEC. 9. Be it further enacted by authority aforesaid, That the board of commissioners shall keep in a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions, and applications and other papers addressed to said commissioners, and to record and keep in a separate book all orders given or approved by said commissioners for the payment of money by the county treasurer; and all books, files and records by this Act required to be used or kept shall always be open at the county site for inspection of any tax payer of the county on demand. Records and minutes. Filing of papers. SEC. 10. Be it further enacted, That all commissioners except those hereinbefore named in this Act, shall be commissioned in the same manner as justices of the peace. Commissioned by the Governor. SEC. 11. Be it further enacted, That the ordinary of said county of Union shall deliver to said commissioners all books and papers relating to jurisdiction and powers herein conferred upon said commissioners and said ordinary shall

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have no power to exercise any of the powers herein conferred upon said commissioners after their qualification. Ordinary to deliver books and papers. SEC. 12. Be it further enacted, That said commissioners shall be exempt from road and jury duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Exemptions. 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 15, 1914. WARE COUNTY COMMISSIONERS, AMENDING ACT. No. 370. An Act to amend an Act to create a board of commissioners of roads and revenues for the county of Ware; approved August 19th, 1912. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to create a board of commissioners of roads and revenues for the county of 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, be and the same is, hereby amended by adding after the word county in the third line of Section 9, of said Act, the words or at some place within the limits of the city of Waycross, provided said place of meeting is at some designated permanent place, so that said section when so amended will read as follows: Section 9. Be it further enacted, That said board shall hold regular meetings at the county court house of said county or at some place within the limits of

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the city of Waycross, provided said place of meeting is at some designated permanent place, 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 law. Act of 1912 amended. To be read as amended. Meetings of board. Quorum. Court to try road defaulters. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1914.

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PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS TITLE II.INSURANCE COMPANY

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Adrian, Town of, Charter Amended. Aragon, City of, Incorporated. Athens, City of, Charter Amended. Athens, City of, Charter Amended. Athens, City of, New Charter. Atlanta, City Limits Extended. Atlanta, City Limits Extended. Atlanta, City of, Charter Amended. Attapulgus, Town of, Incorporated. Augusta, City Council of, Power to Condemn Real Property. Bainbridge, City of, Hospital. Bainbridge, City of, Sidewalks. Bartow, Town of, New Charter. Barwick, Town of, Charter Amended. Blackshear, City of, Charter Amended. Blue Ridge, City of, Charter Amended. Boston, Town of, Charter Amended. Box Springs, Town of, Public Schools in. Bristol, Town of, Incorporated. Brunswick, City of, Charter Amended. Buford, City of, Charter Amended. Cadwell, Town of, Incorporated. Carrollton, City of, New Charter. Cecil, Town of, Reincorporated. Cedartown, City of, Public Schools. Chipley, Town of, Charter Amended. Clarkston, Town of, New Charter. Clermont, Town of, Charter Amended. Cobb, Town of, Incorporated. Colbert, City of, Incorporated. College Park, City of, Charter Amended. Columbus, City of, Confirming Action of Commons Commissioners. Columbus, City of, Sale of Part of Commons. Columbus, City of, Extension of Corporate Limits. Concord, City of, New Charter. Coolidge, Town of, Charter Amended. Cordele, City of, Charter Amended. Crandall, Town of, New Charter. Crawfordville, City of, Charter Amended. Cuthbert, City of, Charter Amended. Dallas, Town of, Election for School Bonds. Dalton, City of, School Trustees' Terms. Decatur, Town of, Annexation of Oakhurst. Decatur, Town of, Board of Health. Donalsonville, Town of, Charter Amended. Douglasville, Town of, Charter Amended. Dublin, City of, Charter Amended. East Lake, Town of, Charter Amended.

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Eastman, City of, Clerk and Treasurer. Eastman, City of, Increase of Tax Rate. East Point, City of, School Building Bonds. East Point, City of, Charter Amended. Eatonton, City of, Charter Amended. Ellaville, City of, New Charter. Fairmount, Town of, Center and Limits. Fairmount, Town of, School System. Fitzgerald, City of, Charter Amended. Five Forks, Town of, Charter Repealed. Fort Gaines, City of, New Charter. Fort Gaines, City of, Registration Law Repealed. Fort Valley, City of, Charter Amended. Fort Valley, City of, Recorder's Court. Gainesville, City of, Commission Government. Glenwood, Town of, Charter Amended. Griffin, City of, Charter Amended. Guyton, Town of, Charter Amended. Hapeville, City of, Charter Amended. Hawkinsville, City of, Charter Amended. Hull, Town of, Extension of Limits. Jefferson, City of, Public Schools. Kestler, Town of, Name Changed to Damascus. Kirkwood, Town of, Charter Amended. LaFayette, City of, Charter Amended. Lavonia, City of, Charter Amended. Leesburg, Town of, Increase of Tax Rate. Loganville, City of, Charter Amended. Louvale, Town of, Charter Repealed. Lyons, City of, School Bonds. Macon, City of, Taxing Power. Macon, City of, Control of County Chaingang. Macon, City of, New Charter. Macon, City of, Union Passenger Station. Manchester, City of, Charter Amended. Marietta City of, Charter Amended. McCaysville, Town of, Charter Amended. Milledgeville, City of, Charter Amended. Millen, City of, New Charter. Mount Airy, Town of, Charter Amended. Newnan, City of, Charter Amended. Normantown, Town of, Incorporated. Oakhurst, Town of, Repeal of Charter. Ochlochnee, Town of, Waterworks Bonds. Oxford, Town of, New Charter. Portal, Town of, Incorporated. Quitman, City of, Charter Amended. Richland, Town of, Enlargement of Limits. Rome, City of, Closing of Street. Rome, City of, Charter Amended. Rome, City of, Commission Government. Rossville, City of, Charter Amended. Round Oak, Town of, Incorporated. Royston, City of, Bond Issue. Savannah, City of, Closing of Street. Savannah, City of, Registration of Voters. Savannah, City of, Primary Elections. Savannah, City of, Charter Amended. Shellman, Town of, Taxing Power. Smithville, Town of, Extension of Limits. Smyrna, Town of, Bond Issue. Soperton, Town of, School System Abolished. Soperton, Town of, Charter Amended. Sparks, Town of, Charter Amended. Statesboro, City of, Charter Amended. Swainsboro, City of, Charter Amended. Sylvester, City of, Charter Amended. Thomasville, City of, Closing of Streets. Thomasville, City of, Public Schools. Tignall, Town of, Taxing Power. Toccoa, City of, Discount of Taxes. Vidalia, City of, School Tax. Vanna, Town of, Tax Rate. Waverly Hall, Town of, Incorporated. West Green, Town of, Incorporated. Wilburn, Town of, Charter Repealed.

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ADRIAN, TOWN OF, CHARTER AMENDED. No. 532. An Act to amend an Act, incorporating the town of Adrian in the counties of Emanuel and Johnson, approved December 19, 1899, and amended July 26, 1904; to provide a limitation on the power of taxation therein; to authorize the working of offenders against the municipal ordinances on the public streets; to provide rules for the control of said offenders while so working; to permit the installation of tenpin alleys, billiard or pool tables; to provide for the regulation of public utilities, and the granting of franchises for the installation and conduct of public utilities; to regulate the speed and stopping of railroad trains, and placing of cars at public street crossings over railroads, and placing and stopping cars within the limits of the town; to authorize the passage of ordinances prescribing fire limits, and regulating the kind and character of buildings that may be erected within the limits of said town; to authorize the prohibition, by ordinance, of any nuisance; to authorize the exercise of all rights, duties and privileges given to towns of this State under the general law not inconsistent with this Act; to allow or refuse to allow the erection of telephone systems, street railways and similar enterprises; to authorize the impounding of live stock running at large in said town; to authorize the punishment of owners wilfully turning out said 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 from and after the passage of this Act the above recited Act to incorporate the town of Adrian, approved

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December 19, 1899, and amended July 26, 1904, be, and the same is, hereby amended as follows, to-wit.: SEC. 2. By striking all that portion of Section 7, commencing on the fifth line thereof with the word, but, and ending with the word collector on the 7th line, and substituting in lieu thereof the following words: But the said mayor and the said clerk may each be paid an annual salary not to exceed $150.00, as may be fixed by the said mayor and aldermen, and the said marshal or deputies, in the event it shall be necessary to have deputies, shall be paid such salary as may be fixed by said mayor and aldermen annually. Charter amended. SEC. 3. By striking all of Section 9, of said original Act, except the words, be it further enacted by the authority aforesaid, and substituting in lieu thereof the following: That said mayor and aldermen shall have power to levy a tax for the ordinary current expenses of said town not to exceed one-half of one per cent., and for the extraordinary expenses of said town a tax not to exceed one-half of one per cent., to be levied on all property, real and personal, subject to taxation under the laws of Georgia within the corporate limits of said town, and said mayor and aldermen shall have the power and authority to require all persons subject to road duties under the laws of Georgia to work on the public streets and sidewalks of said town, not to exceed ten days in each year, and to relieve all such persons from such service upon the payment annually of a sum not to exceed fifty cents per day for each of said ten days. SEC. 4. By striking from Section 17, of said Act, all that portion thereof, commencing with the word they on the fifth line, and ending with the word town on the tenth line of said section. SEC. 5. By striking all of Section 18 from said original Act. SEC. 6. By adding as a new section the following: Be it further enacted by the authority aforesaid, That said

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mayor and aldermen shall have the power to provide, by ordinance, for the establishment of a municipal stockade, or street gang, whereon violators of municipal ordinances, sentenced to work on the streets of said town, may be confined, to provide for the appointment of a warden therefor; to provide rules and regulations for the said street gangs or stockade, and to provide for the control and regulation of said street gang by the warden thereof in accordance with the laws of Georgia, and to authorize the punishment of prisoners confined in said street gang or stockade by the warden thereof in accordance with the laws of Georgia. SEC. 7. By adding as a new section the following Be it further enacted by the authority aforesaid, That the said mayor and aldermen are hereby authorized to, by ordinance, regulate and control all public utilities within the limits of said town, including water works or electric light plants, and to make all necessary rules and regulations for the conduct thereof not otherwise inconsistent with the laws of Georgia; to grant franchises to such public utilities for the purpose of erecting and maintaining a system of waterworks or light plants for the purpose of furnishing water or light to the inhabitants of said town, said franchises to be granted only in accordance with the laws of Georgia, regulating the granting of franchises by municipal corporations. SEC. 8. By adding as a new section the following: Be it further enacted by the authority aforesaid that the said mayor and aldermen be, and they are, hereby empowered, by ordinance, to regulate the method of running and stopping railroad trains within the limits of said town, and shall have the power to require by ordinance, the companies operating railroad trains to station watchment at street crossings, and to provide, by ordinance, that all trains running across or parallel to any street shall be preceded by a flagman; to prescribe, by ordinance, that no railroad company operating trains through said town shall block any street crossing therein for more than a period of time named in said ordinance; to provide, by ordinance, that the railroad companies owning tracks through said town shall keep said

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tracks at such points as may be named by ordinance where said tracks run through on either side thereof free from cars, engines freight or other obstructions except for such period of time as may be allowed by said ordinance, and shall have full power and authority to pass all other ordinances with reference to regulating the running or operation of railway trains within the limits of said town as the said mayor and aldermen may deem necessary to protect and safeguard the public interest. SEC. 9. By adding as a new section to said bill the following: Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority, by ordinance, to regulate the character and kind of buildings to be erected within said town; to prescribe fire limits within which certain classes of buildings, constructed of certain material, may be erected; to prohibit or regulate the erection of awnings or other obstructions over the public streets or sidewalks of said town. SEC. 10. By adding as a new section the following: Be it further enacted by the authority aforesaid that the said mayor and aldermen may, by ordinance, declare what shall be nuisances in said town, and may, by ordinance, prevent the establishment or conduct of a nuisance so declared within any parts or all of said town, and that after the passage of any such ordinance defining said nuisance, any person or persons violating said ordinance shall be punished as prescribed by Section 10, of this Act as amended, prescribing the punishment for violations of the municipal ordinances of said town, and the said mayor and aldermen are hereby further empowered to abate, as provided by the laws of Georgia, any nuisance declared by ordinance of said town. SEC. 11. By adding as a new section the following: Be it further enacted by the authority aforesaid, That the said mayor and aldermen have full power and authority to exercise all rights, duties, and privileges given to the towns of this State under the general law of the State not inconsistent

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with the provisions of this Act; to prevent, allow or refuse to prevent or allow the erection of telephone systems, street railways of all kinds and similar enterprises, in so far as their decision 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 any owner of said stock who wilfully turns out, for the purpose of allowing them to run at large, any stock. So that said Acts referred to in the caption hereof, when amended shall read as follows, to-wit.: An Act to incorporate the town of Adrian, in the counties of Emanuel and Johnson; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same; to establish a system of public schools for the said town of Adrian; to provide for the support and maintenance of same by taxation and otherwise; to create a board of education therefor; to authorize and to require the State school commissioner to pay to said board of education of said town their pro rata of the State school funds for the children residing in said limits; to provide for a board of tax assessors in said town; and prescribe the duties and powers of said board; to empower the mayor and council of said town to punish offenders against the laws of said town by fine and imprisonment not to exceed fifty dollars fine or fifty days imprisonment, one or both; to provide a limitation on the power of taxation therein; to authorize the working of offenders against the municipal ordinances on the public streets; to provide rules for the control of said offenders while so working; to permit the installation of tenpin alleys, billiard or pool tables; to provide for the regulation of public utilities, and the granting of franchises for the installation and conduct of public utilities; to regulate the speed and stopping of railroad trains, and placing of cars at public street crossings over railroads, and placing and stopping cars within the limits of the town; to authorize the passage of ordinances prescribing

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fire limits and regulating the kind and character of buildings that may be erected within the limits of said town; to authorize the prohibition, by ordinance, of any nuisance; to authorize the exercise of all rights, duties and privileges given to towns of this State under the general law not inconsistent with this Act; to allow or refuse to allow the erection of telephone systems, street railways and similar enterprises, to authorize the impounding of live stock running at large in said town; to authorize the punishment of owners wilfully turning out said stock and for other purposes. To be read as amended. SECTION 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 Adrian in the counties of Emanuel and Johnson, be, and the same is, hereby incorporated as a town under the name of the town of Adrian. Town of Adrian incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Five-eights of one mile in all directions from the present junction of the Wadley Mount Vernon Railroad and the Bruton and Pineora Railway. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Adrian, and by that name and style shall have perpetual succession, and to do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of the said town of Adrian, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease in any way whatever. Name of body corporate. Powers. SEC. 4. Be it further enacted by the authority aforesaid, That on the second Wednesday in January, 1900, and annually thereafter for aldermen, and biennially thereafter

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for mayor, an election shall be held in said town. The mayor to hold office for two years; but at the first election two of the aldermen shall be chosen for one year, and the other three for two years. The terms of office of each and all elected to begin with the first Monday in February after their election. Said election shall be held and conducted in the same manner as the election for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Election of officers. SEC. 5. Be it further enacted by the authority aforesaid, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said counties, and who have been bona fide residents in said town for six months previous to the election whereat they shall offer to vote. Voters qualified. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any person in this State authorized to administer oaths: I do solemnly swear or affirm that I will faithfully discharge all the duties incumbent upon me as mayor (or alderman) of the town of Adrian, according to the best of my ability, so help me God. Oaths of officers. SEC. 7. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have power and authority to elect a marshal and clerk, and to prescribe the duties of such officers and require of them such bonds as they may deem necessary; but the said mayor and the said clerk may be each paid an annual salary not to exceed $150, as may be fixed by the said mayor and aldermen, and the said marshal or deputies, in the event it shall be necessary to have deputies, shall be paid such salary as may be fixed by said mayor and aldermen annually. Marshal and clerk. Bonds. Salary limit. SEC. 8. Be it further enacted by the authority aforesaid,

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That said mayor and aldermen shall have the power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the constitution and laws of the State of Georgia, or of the United States. General welfare. SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to levy a tax for the ordinary current expenses of said town not to exceed one-half of one per cent., to be levied on all property, real and personal, subject to taxation under the laws of Georgia, within the corporate limits of said town, and said mayor and aldermen shall have the power and authority to require all persons subject to road duties under the laws of Georgia to work on the public streets and sidewalks of said town, not to exceed ten days in each year, and to relieve all such persons from such service upon the payment annually of a sum not to exceed fifty cents per day for each of said ten days. Tax levy. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the streets of said town; provided, said fine shall not exceed fifty dollars or work on streets fifty days, or imprisonment in the guard house or jail fifty days, one or more in the discretion of the mayor. Arrest, trial and punishment of offenders. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when for any cause he cannot be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or alderman, or any subordinate officer of said town. Mayor pro tem. Vacancies in office.

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SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Taxes, collection of. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor, or mayor pro tem., shall have the power 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 county jail for the violation of the ordinances of said town. Witnesses. Ball. Imprisonment. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer, he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and costs imposed by him or he may require the immediate payment thereof, and in default of such immediate payment, he may imprison the offender in the guardhouse in said town, or county jail not exceeding twenty-five days. Mayor's duties and powers. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have authority to devise, design and adopt a system of public instruction in said town, and shall have exclusive jurisdiction over all the schools established under said system, and shall be authorized to modify the same from time to time, as circumstances may require; to establish such schools as they may deem proper for both the white race and the colored race; provided, that separate schools shall be established and maintained for the white and the colored race, and no colored child shall be permitted to attend any school established for the white race, and no white child shall be permitted to attend any school established for the colored race; to appoint, remove or suspend teachers in said schools or in any one thereof, in their discretion; to fix salaries for such

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teachers; to prescribe a curriculum or course of study in such schools; to make such by-laws, rules and regulations for the control and government of said schools as they may think proper, and to do all lawful acts conducive to the proper and successful operation of said system of public instruction and the schools established thereunder. Schools. SEC. 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the said mayor and aldermen to have, prepare and furnish the State school commissioner each year a list or census of all the pupils residing in said town entitled to the State school fund, and the said State school commissioner shall pay over to said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution. School fund. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall be forever prohibited from granting license in any form to any person, natural or artificial, for the sale of spirituous, vinous, malt, or other intoxicating liquors within the corporate limits of said town of Adrian. No liquor license. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to punish for contempts by confinement in the guard house of said town, not to exceed thirty days, or by execution and attachment for contempts in a penalty not to exceed $50.00, either or both, in their discretion. Contempts punished. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to appoint a board of assessors of real and personal property, consisting of three upright, intelligent male citizens of said town, who shall assess for taxation the value of all taxable property in said town. And said board, when sitting, shall have all powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce same by attachment for contempt as provided in Section 18 of this Act. Assessors for taxation.

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SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide, by ordinance, for the establishment of a municipal stockade, or street gang, whereon violators of municipal ordinances, sentenced to work on the streets of said town may be confined; to provide for the appointment of a warden therefor; to provide rules and regulations for the conduct of said street gangs or stockade, and to provide for the control and regulation of said street gang by the warden thereof in accordance with the laws of Georgia, and to authorize the punishment of prisoners confined in said street gang or stockade, by the warden thereof in accordance with the laws of Georgia. Stockade and punishment. SEC. 21. Be it further enacted by the authority aforesaid, That the said mayor and aldermen are hereby authorized to, by ordinance, regulate and control all public utilities within the limits of said town including water works or electric light plants, and to make all necessary rules and regulations for the conduct thereof not otherwise inconsistent with the laws of Georgia; to grant franchises to such public utilities for the purpose of erecting and maintaining a system of water works or light plants for the purpose of furnishing water or light to the inhabitants of said town. Said franchises to be granted only in accordance with the laws of Georgia, regulating the granting of franchises by municipal corporations. Public utilities, regulation of. SEC. 22. Be it further enacted by the authority aforesaid, That the said mayor and aldermen be, and they are, hereby empowered, by ordinance, to regulate the method of running and stopping railroad trains within the limits of said town, and shall have the power to require, by ordinance, the companies operating railroad trains to station watchmen at street crossings, and to provide, by ordinance, that all trains running across or parallel to any street shall be preceded by a flagman; to prescribe, by ordinance, that no railroad company operating trains through said town shall block any street crossing therein for more than a period of time named in said ordinance; to provide, by

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ordinance, that the railroad companies owning tracks through said town shall keep said tracks at such points as may be named by ordinance, where said tracks run through streets or either side thereof free from cars, engines, freight or other obstructions except for such period of time as may be allowed by said ordinance, and shall have full power and authority to pass all other ordinances with reference to regulating the running or operation of railway trains within the limits of said town as the said mayor and aldermen may deem necessary to protect and safeguard the public interest. Railroad trains. SEC. 23. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority, by ordinance, to regulate the character and kind of buildings to be erected within said town; to prescribe fire limits within which certain classes of buildings, constructed of certain material, may be erected; to prohibit or regulate the erection of awnings, or other obstructions, over the public streets or sidewalks of said town. Buildings, regulation of. SEC. 24. Be it further enacted by the authority aforesaid, That the said mayor and aldermen may, by ordinance, declare what shall be nuisances in said town, and may, by ordinance, prevent the establishment or conduct of a nuisance so declared within any portion or all of said town, and that after the passage of any such ordinance defining said nuisance, any person or persons violating said ordinance shall be punished as prescribed by Section 10 of this Act as amended prescribing the punishment for violations of the municipal ordinances of said town, and the said mayor and aldermen are hereby further empowered to abate as provided by the laws of Georgia, any nuisance declared by ordinance of said town. Nuisances, abatement of. SEC. 25. Be it further enacted by the authority aforesaid, That the said mayor and aldermen have full power and authority to exercise all rights, duties and privileges given to the towns of this State under the general law of the State not inconsistent with the provisions of this Act; to prevent, allow or refuse to prevent or allow the erection of telephone

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systems, street railways of all kinds and similar enterprises, in so far as their decision 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 any owner of said stock who wilfully turns out, for the purpose of allowing them to run at large, any stock. Sundry powers. SEC. 26. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. ARAGON, CITY OF, INCORPORATED. No. 293. An Act to incorporate the city of Aragon, in the county of Polk; to define its limits; to provide for a commission form of government, and the manner of electing commissioners; the number of commissioners; to provide for the government of said city of Aragon and for other purposes therein contained. SECTION 1. 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 all that territory described as in Section 2, be and they are, hereby incorporated under the name and style of the city of Aragon; and by that name shall be, and are, hereby invested with all the powers, rights and privileges hereinafter defined. City of Aragon incorporated. SEC. 2. Description of limits: Beginning at a point due

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north of the United States post office at Aragon, Polk County, Georgia, on the dividing line between the land of the Walcott and Campbell Spinning Company and the A. H. McBryde farm, being the north line of the Walcott and Campbell Spinning Company, and the south line of the A. H. McBryde farm, thence in an easterly direction along the north line of the Walcott and Campbell Spinning Company's land and the Aragon Mills Company's land, to the Euharlee Creek; thence in a southwesterly direction along the waters edge on the west side of said Euharlee Creek to the intersection of said Euharlee Creek with the Rome and Rockmart public road; thence across said Rome and Rockmart public road in a westerly direction along the land line dividing the Dr. W. J. Nix farm from lots owned by J. M. Childers, Maude Davitte, H. S. Mayfield, Joe G. Randall, Lee Clark, the Dobb's estate, Sam Williams, W. A. Cook, J. W. Strange, and Fannie Grant to the Southern Railway right-of-way, said line being the northern line of the Dr. W. J. Nix farm and the southern line of lots owned by said J. M. Childers, Maude Davitte, H. S. Mayfield, Joe G. Randall, Lee Clark, the Dobb's estate, Sam Williams, W. A. Cook, J. W. Strange, and Fannie Grant; thence in a northerly direction along the Southern Railway right-of-way to the lands of R. L. Clark; thence in a direct westerly direction along the dividing line between the Waddell estate and lots owned by F. G. Milholland, John M. Robinson, Claud W. Smith and J. W. Strange, to the southwest corner of lot owned by Claud W. Smith and J. W. Strange, said line being the northern line of the Waddell estate and the southern line of lots owned by said F. G. Milholland, John M. Robinson, Claude W. Smith and J. W. Strange; thence in a northerly direction along the dividing line between the Waddell estate, Claud W. Smith, J. W. Strange and F. G. Milholland to the northwest corner of lots owned by F. G. Milholland, said line being the eastern line of the Waddell estate and the western line of lots owned by said Claud W. Smith, J. W. Strange and F. G. Milholland; thence in a direct easterly direction to the Southern Railway right-of-way on the eastern side; thence along the eastern right-of-way

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of the Southern Railway, in a northerly direction, to the intersection of the right-of-way of the Southern Railway with the northeastern line of lands belonging to the Aragon Mills; thence, in a northerly direction along the dividing line of the Aragon Mills Company's land and lands owned by the Pulaski Iron Company to where the line of the Aragon Mills Company's land intersects with the dirt road leading from the Rome and Rockmart dirt road to Long's Station; thence in an easterly direction along said road to the Rome and Rockmart road; thence in an easterly direction along the dividing line of the Aragon Mills Company's land and the farm of A. H. McBryde to the starting point, said starting point being due north of the United States post office at Aragon, Polk County, Georgia. All corners shall be marked with iron posts. Territorial limits defined. SEC. 3. Be it further enacted, That the government of said city shall vest in three commissioners, to-wit.: Fred O. Myers, J. H. Arnold and R. L. Huckeba who shall serve, one for a term of one year, one for a term of two years, and one for a term of three years, in the order in which they are named, and at the expiration of each commissioner's term a successor shall be elected for a term of three years. A majority vote of the qualified registered voters within the city limits of said city of Aragon shall be necessary to elect such commissioners and they shall hold office until their successors are elected and qualified. The entire management and control of the affairs of said city shall be vested in said three commissioners. Three commissioners to govern. Their election and tenure of office. SEC. 4. Be it further enacted, That no person shall be eligible to the office of commissioner of said city who has not been a resident thereof for six months or more, continuously, and a resident of this State for twelve months next preceding his election, and who has not attained the age of twenty-one years. Eligibility. SEC. 5. Be it further enacted, That under and by virtue of this Act, there shall be an election held for said commissioners on the first Wednesday of June of each year.

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In said election the polls shall be open at any suitable place within the corporate limits of said city, being such place as may be designated by ordinance passed by said commissioners. Said election shall begin at nine a. m. o'clock and close at four p. m. o'clock. Said election shall be under the management and control of the justice of the peace, or notary public, ex-officio justice of the peace and two free-holders, or three free-holders of said city. Said notary public, or justice of the peace, or said free-holders shall be elected by said commissioners. The managers of said election shall appoint two clerks who shall receive such compensation as the commissioners may fix. Election, time and place of. SEC. 6. Be it further enacted by the authority aforesaid, That the managers of each election in said city shall take before some officer authorized to administer an oath, the following oath: I, , do solemnly swear that I will faithfully perform the duty of manager of this election to the best of my ability, prevent illegal and fraudulent voting, without fear or favor, so help me God. Oath of election managers. SEC. 7. Be it further enacted by the authority aforesaid, 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 list of voters shall be certified in writing by said managers in the following language, to-wit.: We do certify that the foregoing pages constitute the tally sheets of an election for commissioners 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..... Result to be certified. .....Manager. .....Manager. .....Manager. .....Manager. The tally sheet and list of voters shall then be sealed up together in an envelope, delivered to the clerk of the city

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and filed on record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. SEC. 8. Be it further enacted by the authority aforesaid, That on the next day succeeding such an election, the manager thereof shall file a written report of the result with the commissioners, showing the number of votes cast and for whom cast. Upon the filing of said report the commissioners shall declare the result of said election, and shall enter it of record on the minutes of the city clerk. Report and declaration of result of election. SEC. 9. Be it further enacted by the authority aforesaid, That if after ten days from date of said election no notice of contest is given as to the result of said election the chairman of said commissioners shall destroy the ballots. Contest. SEC. 10. Be it enacted by the authority aforesaid, That the term of office of each commissioner shall be three years from Monday after the first Wednesday in June after their election. Each commissioner shall take the following oath before taking up the duties of his office: I do solemnly swear that I will well and truly demean myself as commissioner of the city of Aragon 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, so help me God. Term of office. Oath. SEC. 11. Be it further enacted by the authority aforesaid, That all persons residing in said city of Aragon who are qualified to vote for members of the General Assembly of the State, who have paid all the taxes and done all of the work on the streets required by the authority of said city, and shall have resided in said city for a full term of six months previous to the date on which said election may be held, and shall have registered as hereinafter provided, shall be considered electors and qualified to vote. Qualified voters. SEC. 12. Be it further enacted by the authority aforesaid, That said commissioners shall have the right to select

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a clerk for said city, whose duty it shall be to keep a book in which the voters of said city shall register their names and ages. Clerk and his duty. SEC. 13. Be it further enacted by the authority aforesaid, That said registration book shall be opened by said clerk thirty (30) days before an election, and each voter who is qualified shall be permitted to register during said time. Said book shall close ten (10) days before the election, and no person shall be allowed to register after said books are closed, and said book, with the registered voters therein, shall be filed with said commissioners and properly certified to. Registration of voters. SEC. 14. Be it further enacted by the authority aforesaid, That at the first meeting of the commissioners after their election, they shall appoint three persons to act as registrars, whose duty it shall be to receive the certified list of registered voters and therefrom make out a complete list of the qualified voters of said city, and said registrars shall have the right to add any names which are illegally withheld from said list, and they shall be satisfied that all parties whose names appear in said book are qualified to vote. Registrars. SEC. 15. Be it further enacted by the authority aforesaid, That said registrars shall have the power to subpoena and compel the attendance of witnesses, hear evidence under oath, and punish for contempt, having the same power as the chairman of commissioners has under and by virtue of its charter. Powers of registrars. SEC. 16. Be it enacted by the authority aforesaid, That said registrars after they have completed said list, shall certify to the same as being correct, and said list properly certified to shall be placed in the hands of the managers of the election, on the day of said election, and no person shall be permitted to vote in said election, except as his name may appear upon said registered list as prepared by said registrars. Certified registration list.

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SEC. 17. Be it further enacted by the authority aforesaid, That any person who shall register in the book kept by the clerk of the commissioners who is not entitled to register under the laws of said city, or if the clerk allows any one to register whom he knows is not entitled to register in said books, or if the registrars of said city allow any one to register whom they know is not entitled to register, then said person or persons, who violate the same shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 1039, of Volume 3, of the Code of 1895, after an indictment or presentment by the grand jury of Polk County. Punishment of illegal registration. SEC. 18. Be it further enacted by the authority aforesaid, That said commissioners shall have full power and authority to license, regulate and control by ordinance all hotels, boarding houses, restaurants, saloons for the sale of ice, ice cream and drinks of all kinds, livery, feed and sale stables and lots, public hacks and drays, and other vehicles, auctioneers, vendue-masters, itinerant traders, itinerant traders of all or any kind of articles of merchandise goods, wares or other things, peddlers of any kind of merchandise whatsoever, theaters and all theatrical performances, shows, circuses and exhibitions of all kinds, every keeper of billiard, pool or other table devices, ten-pin alley, shooting gallery, or other table devices, stand or play for the performance of any game or amusement; slaughter houses, beef markets, fresh oysters or fish, vegetables or fruit, and upon all and any other establishment, business or trade, which under the laws of the State of Georgia are subject to license. Business licenses. SEC. 19. Be it further enacted by the authority aforesaid, That said commissioners shall have full and absolute power to pass such ordinances not in conflict with the constitution of this State, regulating what shall and shall not be an offense against the government of said city of Aragon, and shall have the power to pass ordinances defining what shall constitute a nuisance and have full power to abate the same. Ordinances, power as to. Nuisance abatement.

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SEC. 20. Be it further enacted by the authority aforesaid, That said commissioners shall have full and absolute power, authority and control to regulate, restrain and prohibit the sale of intoxicating liquors or bitters in said city, and may, for any violation of the laws or ordinances of said city, declare any license void and punish by fine and imprisonment, the same to be fixed by ordinance passed by said commissioners. Intoxicating liquors. SEC. 21. Be it further enacted by the authority aforesaid, That said commissioners of the city of Aragon shall have power and authority to establish police rules and regulations; to pass all laws and ordinances not in conflict with the constitution and the laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. Police rules, etc. General welfare. SEC. 22. Be it further enacted by the authority aforesaid, That at the first meeting of said commissioners, one of said commissioners shall be elected chairman, who shall serve as chairman for his term of office, and who shall preside at all meetings of said commissioners, and shall have the general supervision and enforcement of the laws and ordinances of said city, with the aid and assistance of the other two commissioners. Chairman of the commissioners. SEC. 23. Be it further enacted by the authority aforesaid, That said commissioners shall elect one of said commissioners as chairman of finances, whose duty it shall be to collect all of the fines and use the same in working the streets and keeping in sanitary condition the streets of said city, and for police protection in their discretion. Said commissioners shall elect another one of their body as chairman of the street committee, whose duty it shall be to look after the streets and see that said city is kept in a sanitary condition. Chairman of finances. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police of said city to collect all fines imposed for violation of any ordinance or ordinances, and to collect whatever license that

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may be fixed by said commissioners, as hereinbefore provided. Police chief's duty. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, any regular or special policeman thereto, to arrest without warrant any and all persons within the limits of said city, who, at or before said arrest, has been guilty of the violation of any of the rules, regulations or ordinances of said city, and to hold said person until a hearing of the matter before the proper court can be had, and to this end may imprison said person in the city guard house for a reasonable length of time. Said chief of police, or any other police officer, shall have the authority to call to his assistance for the arrest of such offender any citizen of said city or bystander, and such person when so summoned shall be bound to assist said officer, and should they fail or refuse to do so shall be prosecuted in said commissioner's court, and upon conviction shall be punished as by ordinance provided. Arrest and imprisonment without a warrant. Assistance in arrest. SEC. 26. Be it further enacted by the authority aforesaid, that the chief of police or any other police shall have, at his discretion, the right to release any person arrested in said city for a violation of any rule, regulation or ordinance of said city, upon said person giving good bond with security, payable to the city of Aragon, conditioned to pay said city the amount named in said bond in event said person does not appear before said commissioners at the time and place specified in the bond, and from time to time until tried for the offense for which said person was arrested. Release on bond. SEC. 27. Be it further enacted by the authority aforesaid, that when a bond has been given for the appearance before the commissioner's court and the person fails to appear at the time and place as described therein, said bond shall be declared forfeited and rule nisi directed to the principal and securities shall issue requiring them to show cause before said commissioner within thirty days why the bond should not be forfeited, a copy of the same

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shall be served ten days before the sitting of the court, provided the parties can be located within said city limits, and if any good reason can be shown execution shall issue against said parties on said bond, signed by the chairman of the commissioners, and shall be levied upon the property of the defendants. Said execution shall be directed to the chief of police of said city. Forfeiture of bond for appearance. SEC. 28. Be it further enacted by the authority aforesaid, That said commissioners shall have the power to declare what shall be a nuisance and to abate the same, and to provide punishment for those who may create a nuisance, to prevent the storage or the keeping for any illegal purpose within the limits of said city, wine, beer, malt or alcoholic, or intoxicating liquors of any kind, and to punish any persons for violating said laws or ordinances relating thereto. Nuisance abatement. SEC. 29. Be it further enacted by the authority aforesaid, That said commissioners shall have the right and power to prevent tramps, street walkers, vagrants, loiterers, idle peddlers, lewd females and beggars from walking or occupying the streets of said city, and may punish them by any punishment authorized by this Act for violating any ordinances relating thereto. And when it shall appear to said commissioners that any room, house, building or cellar in said city is being used as a house of ill-fame, as a residence of a lewd woman, as a place where liquors are sold in violation of the law, or where gambling or other immoral or illegal or disorderly practices are carried on, may order the police of said city to enter said place by force if necessary, and arrest the occupants thereof, and to bring them before the said commissioners, to be dealt with according to the law. Tramps, vagrants, etc. Houses of ill-fame, gambling, disorder, etc. SEC. 30. Be it further enacted by the authority aforesaid, That to carry into effect the provisions of this Act, or any future Act amendatory, and for the preservation of the health, peace, good order, temperance and morality of said city, the commissioners shall have authority to

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make and pass all needful by-laws, ordinances, rules and regulations not contrary to the constitution and the laws of this State. Power to pass ordinances. SEC. 31. Be it further enacted by the authority aforesaid, That there shall be a court for the trial of all offenders against the laws or ordinances of the city, to be held by the chairman of the commissioners, and in his absence or disqualification, by either of the other two commissioners. Said court shall have the power to preserve order, compel the attendance of witnesses, to punish for contempt by imprisonment for not more than five days, or a fine not exceeding $25.00, or both; that the chairman, or in his absence, either of the other commissioners shall, as often as may be necessary, hold a police court for the trial of all offenders against the laws and ordinances of the city of Aragon, Georgia. Said commissioner's court shall have full power and authority upon conviction to sentence such offenders to labor upon the streets for a period not to exceed sixty (60) days, or to impose a fine not to exceed $100.00, or confinement in the city prison not to exceed fifty (50) days, either one or all of said penalties may be imposed in the discretion of said commissioner. There can be an appeal within four days to the commissioner of said city after judgment is entered, the defendant paying all costs and giving such bond as the commissioner may fix for his personal appearance, and to abide the final judgment in said case. Court for trial of offenders. Powers. Appeal. SEC. 32. Be it further enacted by the authority aforesaid, That the offices of treasurer and clerk shall be held by one person, and said treasurer and clerk shall keep a record of all the minutes of the meetings of said commissioners, with an accurate record of all the funds received and of all moneys paid out, and shall make a monthly report to the commissioners. Clerk and treasurer one person. SEC. 33. Be it further enacted by the authority aforesaid, That said commissioners shall have no power to assess and collect ad valorem taxes, but shall have the power

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to assess and collect a street tax. And when said street tax has been assessed against any resident of said city, collected and receipt shown therefor, said party shall be exempt from street and road duty in other parts of this State during the interim for which he has paid. The commissioners shall have the authority to enforce the provisions of this Act and all ordinances made in conformity thereto, punish all offenders of said ordinances, and collect such licenses as they may prescribe, and perform such other functions as by this Act they are authorized to do. No tax ad valorem. Street tax. Power to enforce. 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 July 23, 1914. ATHENS CITY CHARTER AMENDED. No. 297. An Act to amend an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24th, 1872, by inserting between the words first and meeting in the second line of Section 9 of said Act the word regular, and between the words in and each in the third line of said section the words July of, so as to change the time of electing the city marshal, chief of police and other city officers elected by the mayor and council from the first meeting of council of each year to the first regular meeting of council in July of each year, 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 an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24th, 1872, be and the same is hereby amended by inserting between the words first and meeting in the second line of Section 9 of said Act the word regular, and between the words in and each in the third line of said section the words July of, so that the said Section 9 of said Act when so amended shall read as follows: Act of 1872 amended. SEC. 9. Be it further enacted, That the mayor and council of the city of Athens shall elect at first regular meeting of council in July of each year a marshal, or chief of police, a clerk of council, who shall be ex-officio treasurer, tax receiver, tax collector and clerk of the mayor's court of said city of Athens, and such other officers as the mayor and council may deem necessary in the government of said city; and all of said officers, unless removed, shall hold their offices until successors are elected and qualified; and the said mayor and council shall have power to establish the fees and salaries which, when once fixed, shall not be increased or diminished during continuance in office, to take the bonds, to prescribe the duties and oaths, and to remove from office for a breach, neglect or incapacity to discharge the duties, at their discretion, any officer elected by them. To be read as amended. Election of officers by mayor and council, time of. SEC. 2. Be it further enacted, That this Act shall not become effective until and after the election of city officers, to be held by the mayor and council of the city of Athens, at their first meeting in January, 1915, but that officers to be elected at that time shall hold their offices only until the first regular meeting of council in July, 1915, at which time their successors shall be elected, in accordance with the first section of this Act. When Act effective. SEC. 3. Be it further enacted that all Acts or parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1914.

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ATHENS CITY CHARTER AMENDED. No. 294. An Act to amend an Act entitled An Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24th, 1872, so as to authorize the mayor and council of the city of Athens to license slaughter houses and direct their location; to prohibit the maintenance and operation of slaughter houses within the city limits; to establish and maintain municipal slaughter houses; to lease or operate the same, and to prohibit the sale of meat slaughtered elsewhere, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24th, 1872, be and the same is hereby amended as follows: Act of 1872 amended. SECTION 1. The mayor and council of the city of Athens shall have full power and authority to license slaughter houses and to regulate the terms on which such licenses shall be granted; to revoke the licenses when such terms are not complied with; to direct the location of slaughter houses within the city limits, and to prescribe the locality where the business of slaughtering shall be conducted; to prohibit the maintenance or operation of slaughter houses within the city limits; provided, however, that nothing in this section shall be construed to abridge the power of the board of health of the city of Athens to regulate slaughter houses therein. Slaughter houses, license and regulation of. SEC. 2. The mayor and council of the city of Athens shall have full power and authority to establish and maintain a municipal slaughter house or houses, together with the necessary refrigerating and cold storage plant, within

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the limits of the city of Athens, or in the vicinity thereof; to operate or lease the same in the discretion of the mayor and council; to fix the fees for and to regulate slaughtering therein; to prohibit the sale of meat to be used as food, other than meat shipped into the State after inspection, in accordance with the laws of Congress, of cattle, swine or like animals slaughtered at any other place; provided, however, that all persons shall be allowed to slaughter their cattle or to have them slaughtered therein by complying with the reasonable regulations of the mayor and council of the city of Athens. Municipal slaughter house, cold storage, etc. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1914. ATHENS, CITY OF, NEW CHARTER. No. 434. An Act to amend an Act entitled An Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 1872, so as to provide a new charter for the city of Athens; to amend and alter the existing charter of said city; to change the corporate name of the municipality; to confer additional powers upon the authorities of said city; to change the form of government of said city; to repeal certain provisions of the existing charter of said city; to keep in force other provisions of said existing charter; to provide for a more efficient form of government for said city; to authorize the election and appointment of officers and employees of said city; to provide a

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method for the amendment of the charter of said city; to provide a system for the registration of voters in said city; to provide for the election of certain officers of said city; to be elected by the qualified voters of the city, and to provide for an election to be held to determine whether this Act shall become operative and be the charter of said city, and to provide who shall vote in such 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, the inhabitants of the city of Athens shall continue to exist as a municipal corporation and body politic, as chartered under the Act approved August 24th, 1872, and the various Acts amendatory thereof, as far as the corporate existence and identity, the territorial limits, and the jurisdiction of said corporation are concerned; and all the corporate rights, powers and privileges heretofore conferred, and all property and property rights now held, owned or possessed by said corporation, and all duties, obligations and liabilities imposed by law are hereby preserved unto and against said corporation, except as altered and amended by this Act; provided, however, that the name and style of said corporation shall be changed from the mayor and council of Athens to City of Athens. All resolutions and ordinances thereof now of force, not conflicting herewith, shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said city, and all powers and authority that at this time are vested in the said city council of Athens, the mayor of Athens, or any board, commission, organization, department or body of any kind that is authorized or empowered to exercise, to do or perform any rights of authority of municipal government in or connected with the city of Athens, be and the same are hereby vested in the managers hereinafter provided for, unless hereinafter specifically vested in some other officer, and the offices of mayor, city council, alderman, councilman and the boards, commissions,

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organizations, departments and other bodies, and all offices created by them shall be and are hereby abolished on the date that this Act becomes operative; provided, however, that the school board, board of health and bond commission shall remain as at present organized, and nothing in this Act shall be construed to alter or amend their duties and powers, except the city managers hereinafter provided for shall have control of the streets and alleys of said city and the cleaning of the same, and the employment of labor for that purpose, subject to the civil service rules hereinafter provided, and the power of filling vacancies in said boards that is now vested in the mayor and council, and provided further, that all officers and members of any boards shall continue to perform their duties until provision shall have been made by said managers for performance of such duties. Act of 1872 amended. Name of the corporation. Powers vested. SEC. 2. That the corporate powers of the city of Athens shall be exercised as hereinafter provided by a board of city managers, and such other officers and agents as are hereinafter provided for, and subject to such limitations as may be hereinafter imposed. Said board of city managers shall consist of five citizens of Athens, who shall be elected in the manner and whose qualifications shall be as hereinafter provided. This board of city managers shall constitute the governing body of said city with powers as hereinafter provided, to pass ordinances, adopt regulations and appoint a chief administrative officer to be known as the city superintendent, and exercise all powers and authority now vested in the mayor and council not herein expressly delegated to some other officer. Corporate powers, how to be exercised. SEC. 3. All city managers shall serve for a term of four years and until their successors are elected and have qualified, except at the first election there shall be two city managers elected for two years and three city managers for four years, and each candidate shall designate for which term he offers. Vacancies in the board of city managers shall be filled as they were filled in the city council of Athens at the time of the adoption of this charter. City managers, terms of. Vacancies.

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SEC. 4. Members of the board of city managers shall have been residents of the city for not less than two years, and shall be at least thirty years of age, and shall be registered electors therein. City managers and other officers and employees shall not hold any other public office or employment under the city of Athens or county of Clarke, and shall not be interested, directly or indirectly, in the profits or emoluments of any contract, job, work or service for the municipality. Any city manager who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office, and any such contract in which any city manager is or may become interested, directly or indirectly, may be declared void by the city managers. No city manager or other officer or employee of said city shall accept any frank, free ticket, pass or service, directly or indirectly, from any person, firm or corporation, upon terms more favorable than are granted to the public generally, except in such cases where a city manager, officer or employee, by reason of official connection with such corporation or firm, may have a right to such frank, pass, or service, which is permitted by the Georgia Railroad Commission. Any violation of the provisions of this section shall be a misdemeanor, and upon conviction such violation shall be punished, as provided in Section 1065 of the Penal Code of Georgia for 1910. Such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges where the same is provided by ordinance. Eligibility. Frank, pass or free service not to be accepted. SEC. 5. The city managers shall elect from their number a presiding officer or chairman, who shall be termed the mayor, and he shall hold such office for a term of two years. The mayor shall be the presiding officer, except that in his absence a mayor pro tempore may be chosen. The mayor shall exercise such powers conferred, and perform all duties imposed upon him by this charter, the ordinances of the city and the laws of the State. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, by the Governor for the purposes of the military law and for all ceremonial purposes. The

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presiding officer shall have the right to vote upon all questions before the body. Mayor, how chosen. Mayor pro tem. Powers of mayor. SEC. 6. The pay of each city manager shall be the sum of $5.00 for each meeting of the board of city managers attended by him; provided, however, that no city manager shall receive from the city a sum greater than $250.00 per year, and no city manager shall receive any other compensation from the city. The absence from three consecutive regular meetings of said board of city managers shall operate to vacate the seat of a member, unless such absence be first authorized by the city managers, or thereafter excused for providential cause. Pay of city managers. Absences. SEC. 7. At ten o'clock A. M. on the first Monday in January, 1915, and thereafter on the first Monday in January of each year, following a regular municipal election, or as soon thereafter as practicable, the city managers shall meet at the usual place for holding the meetings of the legislative body of the city, at which time the newly elected managers shall assume the duties of their office. Thereafter the managers shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once a month. The mayor, or the mayor pro tem., in the absence of the mayor, or any two members of the board of city managers may call a special meeting of the managers upon at least twelve hours' written notice to each member, served personally, or left at his usual place of residence or place of business. All the meetings of the managers shall be public, but upon two-thirds vote the managers may go into executive session for the purpose of considering and discussing pending questions. Any citizen shall have access to the minutes and records of all meetings at all reasonable times. The board of city managers shall determine its own rules and order of business, and shall keep a journal of its proceedings. Meetings of managers. SEC. 8. The board of city managers shall be the judges of the election and qualifications of its members. A majority of all members elected shall constitute a quorum to do business. The affirmative vote of a majority of the members

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elected to the board of city managers shall be necessary to adopt any ordinance or resolution. The vote upon the passage or adoption of all ordinances and resolutions shall be taken by yea and nay and entered upon the Journal. Every ordinance or resolution passed by the city managers shall be signed by the mayor, or presiding officer, or two members, and be filed with the clerk within two days and by him recorded. Quorum. Vote on ordinances. SEC. 9. Each proposed ordinance or resolution shall be introduced in written or printed form, and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances passed by the city managers shall be: Be it ordained by the managers of the city of Athens. No ordinance, unless it be declared an emergency measure, shall be passed on the day on which it shall have been introduced, unless so ordered by an affirmative vote of not less than four members of the board of city managers. No ordinance, or resolution, or section thereof, shall be revised, repealed or amended, unless the new ordinance or resolution distinctly describe the entire ordinance or resolution or section revised, repealed, or amended; and the original ordinance, resolution, section, or sections, so amended shall be repealed. Ordinances, and resolutions. SEC. 10. All ordinances and resolutions shall be in effect from and after thirty days from the date of their passage by the city managers, except as otherwise provided in this charter. The managers may by an affirmative vote of not less than four members, pass an emergency measure to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money may be passed as emergency measures, but no measures

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making a grant, renewal, or extension of a franchise, or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be passed as an emergency measure. Ordinances, when effective. Emergency measures. SEC. 11. The board of city managers shall choose a clerk and such other officers and employees as may be necessary for the transaction of the business of that body in its legislative capacity. The clerk shall be known as the clerk of the managers and shall keep records and perform such other duties as may be required by the charter or the managers. Clerk and other officers. SEC. 12. The city managers shall cause a continuous audit to be made of the books of account, records and transactions of the administrative department of the city. Such audit, during each fiscal year, shall be made by one or more certified public accountants, who hold a certificate issued by the State Board of Accountancy of Georgia, or by a State maintaining an equal standard of professional requirements, which entitles the holder of such certificate to a Georgia certificate. The duties of the auditor or auditors so appointed shall include the certifications of all statements required under this charter. Such statements shall include a general balance sheet, exhibiting the assets and liabilities of the city, supported by departmental schedules and schedules for each utility publicly owned or operated; summaries of income and expenditures, supported by detailed schedules, and also comparison, in proper classifications, with the last previous year. The report of such audit for each previous year shall be printed, and a copy thereof furnished to the newspapers of Athens, to each of the city managers, and to any citizen who may apply therefor; and a condensed summary thereof shall be published in the manner provided by the managers. Audit of books and accounts. SEC. 13. Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the mayor, or presiding officer, or two managers and the clerk of the managers. Record of ordinances and resolutions.

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SEC. 14. The board of city managers, or any committee thereof, duly authorized by them so to do, may investigate the financial transactions of any office, or department, of the city government, and the official acts and conduct of any city official, and by similar investigations may secure information upon any matter. In conducting such investigations the city managers, or any committee thereof, may compel the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas or attachments, which shall be signed by the presiding officer of the city managers, or the chairman of such committee, as the case may be, which may be served and executed by an officer authorized by law to serve subpoenas and other process. If any witness shall refuse to testify to any facts within his knowledge or produce any papers or books in his possession, or under his control, relating to the matter under inquiry, before the city managers or any such committee, the city managers shall have the power to cause the witness to be punished for contempt, and in order to enforce this provision the city managers may have the power to impose a fine not exceeding $100.00 and imprisonment in the city prison or county jail not to exceed ten days, either or both. No witness shall be excused from testifying touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution, except for perjury committed upon such inquiry. Investigations. SEC. 15. The city managers shall appoint a city superintendent, who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. He shall be appointed for a term of two years, provided he may be removed at any time at the will of the city managers. City superintendent. SEC. 16. The powers and duties of the city superintendent shall be: (a) To see that the laws and ordinances are enforced. (b) To appoint and remove all officers and employees in the departments in both the classified and unclassified service, except as otherwise provided by this

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charter, all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this charter. (c) To exercise control over all departments and divisions created herein or that may hereafter be created by the city managers. (d) To attend all meetings of the city managers, with the right to take part in the discussion, but having no vote. (e) To recommend to the city managers for adoption such measures as he may deem necessary or expedient, (f) To keep the city managers fully advised as to the financial condition and needs of the city; and (g) To perform such other duties as may be prescribed by this charter or be required of him by ordinance or resolution of the city managers. His duties. SEC. 17. The city superintendent shall receive as salary a sum not less than $3,500 per annum, payable in monthly installments. His salary. SEC. 18. The city superintendent may, without notice, cause the affairs of any department, or the conduct of any officer or employee to be examined. Any person or persons appointed by the city superintendent to examine the affairs of any department, or conduct of any officer or employee, may issue subpoenas to witnesses and notices for the production of books and papers and other evidence, and any person disobeying any such subpoena or notice, or refusing to testify, shall be punished for contempt by the city managers in the manner hereinbefore provided. Examinations by superintendent. SEC. 19. The city managers, upon conferring with the city superintendent, shall establish by ordinance such departments and create such offices as they deem necessary to the proper government and administration of the affairs of the city, and they may likewise by ordinance discontinue any department and determine, combine and distribute the functions and duties of departments and subdivisions thereof, and likewise they may fix or alter the salaries to be paid the chief of such departments and the employees therein, but nothing in this section shall be construed

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to vary or modify the provisions hereinafter referring to the civil service of said city. Departments and offices. SEC. 20. The city managers shall elect a director or chief of each department created by the city managers, and all other officers of corresponding importance, such as city attorney and recorder, and such director shall conduct the affairs of his department in accordance with the rules and regulations made by the city superintendent and approved by the city managers. The duties of the recorder and city attorney shall be prescribed by the city managers when not otherwise prescribed by law, such director or chief shall be responsible for the conduct of officers and employees of his department for the performance of its business, and for the custody and preservation of the books, records, papers and property under its control. Subject to the supervision and control of the city superintendent in all matters, the director of each department shall manage the department. Director or chief of department. City attorney. Recorder. SEC. 21. The city managers may appoint a city plan board, and upon the request of the city superintendent shall appoint advisory boards. The members of such boards shall serve without compensation, and their duty shall be to consult and advise the various departments. The duties and powers thus created shall be prescribed by ordinance. Boards. SEC. 22. The city managers shall appoint three registered electors of the city as a civil service board, one to serve for two years, and one for four years, and one for six years, to take office January 1, 1915, or as soon thereafter as appointed and qualified. Thereafter members of the civil service board shall be appointed to serve for six years and until their successors have been appointed and have qualified. Members of the civil service board shall not hold any elective office or other office under the city of Athens or county of Clarke. The city managers shall have power to remove any member of the board upon stating in writing the reasons for removal and allowing him an opportunity to be heard in his own defense. Any vacancy

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shall be filled by the city managers for the unexpired term. Civil service. SEC. 23. Immediately after appointment the civil service board shall organize by electing one of its members chairman. The board shall appoint from their number a chief examiner, who shall also act as secretary. The board may appoint such other subordinates as may by the city managers be provided for. SEC. 24. The civil service of the city is hereby divided into the unclassified and the classified service. 1. The unclassified service shall include: (a) All officers elected by the people. (b) The city superintendent. (c) The heads of departments and heads of divisions of departments and members of appointive boards, provided any such offices be created by the city managers. (d) The deputies and secretaries of the city superintendent and one assistant deputy and one secretary for each department, and the clerk of the managers, provided such offices be created by the city managers. 2. The classified service shall comprise all positions not specially included in this charter in the unclassified service. There shall be in the classified service two classes, to be known as the competitive class and the non-competitive class. (a) The competitive class shall include all positions and employments for which it is practicable to determine the merit and fitness of applicants by competitive examination. (b) The non-competitive class shall consist of all positions requiring peculiar exceptional qualifications of a scientific, managerial, professional or educational character, as may be determined by the rules of the civil service board. SEC. 25. The civil service board, subject to the approval of the city managers, shall adopt, amend and enforce a code of rules and regulations, providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character and industry, which

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shall have the force and effect of law; shall make investigations concerning the enforcement and effect of this character and of the rules adopted. It shall make an annual report to city managers. Civil service rules. SEC. 26. The chief examiner shall be the employment officer of all city employees coming under the classified service. He shall provide examinations in accordance with regulations of the board and maintain lists of eligibles of each class of service of those meeting the requirements of said regulations. Positions in the classified service shall be filled by him from such eligible lists upon requisition from and after consultation with the city superintendent under rules and regulations to be prescribed by the board. As positions are filled the employment officer shall certify the fact, in proper and prescribed from, to city treasurer or such other officer as the city managers may designate, and the director of the department in which the vacancy exists. Chief examiner. SEC. 27. The civil service board shall provide for promotion to all positions in the classified service, based on records of merit, efficiency, conduct and seniority. Promotions. SEC. 28. An appointment or promotion shall not be deemed complete until a period of probation, not to exceed six months, has elapsed, and a probationer may be discharged or reduced at any time within the said period of six months upon the recommendation of the head of the department in which said probationer is employed, with the approval of the majority of the board. Appointments and promotions. SEC. 29. An employee in the classified service shall not be discharged or reduced in rank or compensation until he has been presented with reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in his own defense. The reason for such discharge or reduction, and any reply in writing thereto by such employee, shall be filed with the board. Discharge or reduction in rank of employee. SEC. 30. Any employee of any department in the city in the classified service who is suspended, reduced in rank,

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or dismissed from a department by the director of that department, or the city superintendent, may appeal from the decision of such officer to the civil service board, and such board shall define the manner, time and place by which such appeal shall be heard. The judgment of such board shall be final. Appeal. SEC. 31. All persons in the employ of the city holding positions in the classified service, as established by this charter at the time it takes effect, shall, unless their positions be abolished, retain same until discharged, reduced, promoted or transferred, in accordance herewith. SEC. 32. The treasurer or other public disbursing officer shall not pay any salary or compensation for service to any person holding a position in the classified service, unless the payroll or account for such salary or compensation shall bear the certificate of the civil service board, by its secretary, that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this charter and of the rules established thereunder. Pay roll. SEC. 33. In an investigation conducted by the civil service board, it shall have the power to subpoena and require the attendance of witnesses and the production of books and papers appertaining to the investigation, and to administer oaths to such witnesses. Powers of civil service board. SEC. 34. No person in the classified service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of political opinions or affiliations or religious belief. No officer or employee of the city shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or political purpose whatever. No person holding position in the classified service shall take any part in political management or affairs, or in political campaigns, further than to cast his vote or express privately his opinion. Political or religious opinions, etc.

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SEC. 35. The civil service board, subject to the approval of the city managers, shall, by ordinance, determine the penalties for the violation of the civil service provisions of this charter. SEC. 36. The salaries of the civil service board and its employees shall be determined by the city managers, and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this charter, but in no event shall a member of said civil service board, except the chief examiner, receive a sum greater than $300.00 per annum. Salaries. SEC. 37. The city of Athens may acquire, construct, own, lease, operate and regulate public utilities in any manner not in conflict with the general laws of this State; and the city managers may, by proper ordinance, carry out the provisions of this section. Public utilities. SEC. 38. The city managers may at any of their regular monthly meetings, by ordinance, grant permission to any individual, company or corporation, to construct and operate a public utility in, over or under the streets and public grounds of the city, but not until the individual, company, or corporation on seeking said franchise has given notice by publication once a week for three weeks in the newspaper in which the sheriff's advertisements of Clarke County are published, of the purpose to apply for said franchise, the full nature of the franchise, the term for which it is to run, the capital to be employed in the enterprise and the consideration offered the city in payment for the franchise, and the date of the meeting of the city managers at which such application is to be made. And before any ordinance is passed granting such franchise, there shall be given ample opportunity to any citizen desiring to be heard, either for or against the franchise, to present his views to the city managers, either orally or in writing. No franchise shall be considered an emergency measure, nor shall any franchise be granted for a period greater than fifty years. Franchises.

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SEC. 39. The city managers may, by ordinance, renew any grant for the construction or operation of any utility, at its expiration, subject to the provision of the preceding section. SEC. 40. No franchise shall be renewed before one year prior to its expiration. Renewal. SEC. 41. The city managers shall in any ordinance granting or renewing any franchise to construct and operate a public utility, prescribe the kind and quality of service or product to be furnished, the rate or rates to be charged therefor, the manner in which the streets and public grounds shall be used and occupied, and any other terms and conditions conducive to the public interest, which are not in conflict with the general laws of the State of Georgia. Terms. SEC. 42. All such grants and renewals thereof shall reserve to the city the right to terminate the same and to purchase all the property of the utility in the streets and highways in the city and elsewhere, as may be provided in the ordinance making the grant or renewal, used in or useful for the operation of the utility, at a price either fixed by the ordinance making the grant or renewal of the grant, or if no such price be fixed, thereafter to be fixed by arbitration. Nothing in such grant shall prevent the city from acquiring the property of any such utility by condemnation proceedings, or in any other lawful mode, but all such methods shall be alternative to the power to purchase, reserved in the grant or renewal hereinbefore provided. Upon the acquisition by the city of the property of any utility, by purchase, condemnation or otherwise, all grants or renewals shall at once terminate. SEC. 43. No ordinance making such grant or renewal shall be valid unless it shall expressly provide therein that the price to be paid by the city for the property that may be acquired by it from such utility, by purchase, condemnation or otherwise, shall exclude all value of such grant or renewal.

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SEC. 44. The city managers may, by ordinance, grant to any individual company or corporation operating a public utility the right to extend the appliances and service of such utility, subject to the provision of Section 38 of this charter. All such extensions shall become a part of the aggregate property of the utility, and shall be subject to all the obligations and reserved rights in favor of the city applicable to the property of the utility by virtue of the ordinance providing for its construction and operation. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made, or any renewal thereof; but nothing herein contained shall operate to confer upon any utility company any rights by extension that a new company could not obtain by original franchise. Extensions SEC. 45. No consent of the owner of property abutting on any highway or public grounds shall be required for the construction, extension, maintenance or operation of any public utility or original grant or renewals, unless such public utility is of such a character that its construction or operation is an additional burden upon the rights of the property owners in such highways or public grounds. Consent of owner of abutting property. SEC. 46. The city managers shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by public utility fixtures. All rights granted for the construction and operation of public utilities shall be subject to the continuing right of the city managers to require such construction, relocation, change or discontinuance of the appliances used by the utility in the streets, alleys, avenues and highways of the city, as shall in the opinion of the city managers be necessary to the public interest. SEC. 47. The city managers shall have the power to levy and collect taxes upon property of every nature whatsoever in said city, and shall have all the powers of taxation conferred upon the mayor and council of the city of Athens under former Acts incorporating said city, and the city managers shall provide a method of assessing property,

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both real and personal, and for equalizing assessments, and shall also have authority to levy and collect, in addition to the ad valorem tax on property, occupation taxes on all callings and business of every nature that may be carried on in said city, either by residents or non-residents, provided, that no tax upon property shall exceed a tax of one per cent. upon the value of all property, and such a percentage in addition thereto as shall be necessary to maintain the school system of the city, but in no event shall the tax upon the property so levied exceed one and one-half per cent. Taxation. SEC. 48. The fiscal year of the city shall begin on the first day of January. On or before the first day of November of each year the city superintendent shall submit to the city managers an estimate of the expenditures and revenues of the city departments for the ensuing year. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks, to be furnished by the city superintendent. The classification of the estimate of expenditures shall be as nearly uniform as possible for the main functional divisions of all departments, and shall give in parallel columns the following information: (a) A detailed estimate of the expense of conducting each department as submitted by the department. (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, including adjustments due to transfers between appropriations, plus an estimate of expenditure necessary to complete the current fiscal year. (d) Amount of supplies and material on hand at the date of the preparation of the invoice. (e) Increase or decrease of requests compared with the corresponding year. (f) Such other information as is required by the city managers or that the city superintendent may deem advisable to submit. (g) The recommendation of the city superintendent as to the amounts to be appropriated, with reasons therefor, in such detail as the city managers may direct. Sufficient copies of such estimate shall be prepared

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and submitted that there may be copies on file in the office of the city managers for inspection by the public. Estimate. SEC. 49. Upon receipt of such estimate the city managers shall prepare an appropriation ordinance in such form as may be prescribed by ordinance or resolution. Before finally acting upon such tentative appropriation the city managers shall fix a time and place for holding public hearings upon the tentative appropriations, and shall give public notice of such hearings. Following the public hearing and before its final passage, the appropriation ordinance shall be published, with a parallel comparison, with the recommendation of the city superintendent. The city managers shall not pass the appropriation ordinance until ten days after its publication, nor before the second Monday in January. SEC. 50. If at the beginning of the term of office of the first board of city managers elected under the provisions of this charter, the appropriations for expenditures of the city government for the current fiscal year have been made, said city managers shall have power, by ordinance, to revise, to repeal, or change said appropriations, and to make additional appropriations. Appropriations. SEC. 51. Upon request of the city superintendent the city managers may transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year has proved insufficient, or may authorize a transfer to be made between items appropriated to the same office or department, so far as may be lawfully done under the general laws of the State. SEC. 52. At the close of each fiscal year the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated, and shall be subject to future appropriations. Any accruing revenues of the city not appropriated, as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriations shall have been satisfied

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or abandoned, may from time to time be appropriated by the city managers to such uses as will not conflict with any uses for which specifically such revenues accrued. No money shall be drawn from the treasury of the city, nor shall any obligation for expenditure of money be incurred, except pursuant to the appropriations made by the city managers. SEC. 53. The city managers shall fix by ordinances the salary or compensation, and the term of office, of the heads of departments, and its own employees, the salary or compensation of the members of the divisions of police and fire and of members of boards in the unclassified service of the city, except as otherwise provided by this charter. The city superintendent shall fix the number and salaries or compensation of all other officers and employees. The salaries or compensations so fixed shall be uniform for like service in each grade of the service as the same shall be graded or classified by the city superintendent, in accordance with the rules and regulations adopted by the civil service board. All such salaries and rates of pay shall be reported to the city employment officer, or such officer as shall be designated by the city managers forthwith. All fees or moneys received or collected by officers or employees shall be paid into the city treasury. Salaries. SEC. 54. The city managers and city superintendent in fixing the salary of any officer, clerk or employee shall determine whether such officer, clerk or employee shall give a bond, and the amount thereof, which bond shall be procured from a regularly accredited surety company authorized to do business under the laws of Georgia. Premiums on such bonds shall be paid by the city. SEC. 55. All persons holding office at the time this charter goes into effect shall continue in the performance of their duties until provision shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office. When such provisions shall have been made

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the term of any such officer shall expire. The powers which are conferred and the duties which are imposed upon any officer, board, commission or department of the city under the laws of the State or former charter of the city shall, if such officer, board, commission or department is abolished by this charter, be thereafter exercised and discharged by the officer, board or department on whom are imposed corresponding functions, duties and powers under the provisions of this charter. Officers tenure of. SEC. 56. Every officer of the city shall before entering upon the duties of his office, take and subscribe an oath or affirmation, to be filed and kept in the office of the city managers, that he will in all respects faithfully discharge the duties of his office. Oath of officers. SEC. 57. All contracts entered into by the city or for its benefit prior to the taking effect of this charter shall continue in force and effect. All public work begun prior to the taking effect of this charter shall be continued and perfected hereunder. Public improvements, for which legislative steps shall have been taken under the laws in force at the time this charter takes effect, may be carried to completion in accordance with the provisions of such laws. Contracts. SEC. 58. The city purchasing agent, who shall be the city superintendent unless otherwise provided by ordinance by the city managers shall, in the manner provided by ordinance, purchase all supplies for the city, sell all personal property of the city not needed or unsuitable for public use, or that may have been condemned as useless by the director of a department. He shall have charge of such storerooms and store houses of the city as may be provided by ordinance, in which shall be stored all supplies and materials purchased by the city and not delivered directly to the various departments, and he shall inspect all supplies delivered, to determine quality and quantity and conformance with specifications, and no voucher shall be honored unless the accompanying invoice shall be endorsed as approved by the city purchasing agent. Real

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estate of the city shall not be sold or otherwise disposed of except by the city managers, or some one expressly authorized by them in each instance. Purchasing agent. SEC. 59. The city purchasing agent may require from the directors of each department at such times as contracts for supplies are to be let a requisition for the quantity and kind of supplies to be paid for from the appropriations of the department. Upon certification that funds are available in the proper appropriations, such goods shall be purchased and shall be paid for from the funds in the proper department for that purpose. However, this procedure shall not prejudice the city purchasing agent from purchasing goods for cash to the credit of the stores account to be furnished several departments on requisition, to be paid for by the department furnished therewith by warrant made payable to the credit of the stores account. The city purchasing agent shall not furnish any supplies to or purchase any supplies for any department unless there be to the credit of such a department an available appropriation balance in excess of all unpaid obligations sufficient to pay for such supplies, except by the authority of the city managers. Before making any purchase or sale, the city purchasing agent shall give opportunity for competition, all proposals to be upon precise specifications, and under such rules and regulations as the city managers shall establish. Each order of purchase or sale to be approved and countersigned by the city superintendent, or his deputy, except that he shall have authority to purchase supplies and provide for repairs, the amount of which shall not exceed $100.00 without competitive bids. Requisitions for supplies. SEC. 60. No contract, agreement, or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the city managers, or be authorized by any officer of the city unless the head of the department of finance, or such officer as the city managers may designate, first certifies to the city managers, or to the proper officer, as the case may be, that the money required

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for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. SEC. 61. All moneys actually in the treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation, from taxes or assessments or from sales or services, products or by-products; or from any city undertaking, fees, charges, accounts and bills receivable or other credits in the process of collection, and all moneys applicable to the payment of such obligations or appropriations, which are to be paid into the treasury prior to the maturity thereof, arising from the sale or lease of lands or other property and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall, for the purposes of such certification on be deemed in the treasury to the credit of the appropriate fund and subject to such certification. Moneys in treasury. SEC. 62. All public advertising or publication necessary under the provisions of this charter shall be in a daily newspaper of general circulation within the city, and shall be done by contract, or in a journal published by the city, as may be determined by ordinance. If such contract shall be with a newspaper, it shall be entered into only after opportunity has been given for competition under such rules and regulations as the city managers may establish and for a term of not longer than one year. Advertising, etc. SEC. 63. No contract involving an expenditure in excess of one hundred ($100.00) dollars shall be awarded, except upon the approval of the city managers. Contracts.

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SEC. 64. In no instance shall contracts be let either as a whole or in aggregate, if bids for parts of the work are taken, which exceed the estimate for the improvement contemplated. SEC. 65. All contracts, agreements or other obligations entered into and all ordinances passed, resolutions and orders adopted, contrary to the provisions of the preceding section shall be void. SEC. 66. No person shall be allowed to vote in any election in said city unless he is registered as a voter in accordance with the provisions hereinafter set forth. Voter must register. SEC. 67. The city managers shall have full power and authority to provide for the registration of voters prior to any municipal election in said city, to make all needful rules and regulations for the same, not in conflict with this charter or the general law, and to constitute and appoint the tax collector of Clarke County to the office of registrar of said city. His compensation as such registrar shall be fixed by the board of city managers, and when he is appointed said city manager shall require him to perform the duties of said office. The registrar of said city shall keep a book to be known as the permanent registration book of electors of said city, and the electors of said city shall sign the said book under an oath contained therein, which shall be in the following words, to-wit.: I do swear that I am a legally registered voter of Clarke County upon the permanent qualification book of the county, and I do further swear that I have resided within the corporate limits of the city of Athens for thirty days preceding the taking of this oath, and that I have paid all taxes, State, county and municipal, that have been required of me, and that I have had an opportunity of paying since the adoption of the present constitution of this State. The registrar of said city shall immediately upon his appointment by said city managers, or as soon thereafter as practicable, procure the book for registration above provided for, and open the same and keep the same open at all hours when the tax collector's office is open, to enable the electors of said

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city to register therein, and no person registering therein shall be required to register again as a qualified elector of said city so long as such person remains a resident of said city, and each elector so registering shall be entitled to vote in all city elections held thereafter, provided he has paid all taxes lawfully due by him at that time. The purpose of this provision of this Act being to provide a permanent system of registration for said city. Registration of voters. Oath. Registrar. SEC. 68. Whenever any election is required to be held by virtue of this Act, or any election is called under this Act, or under the law of the State in said city, it shall be the duty of the city registrar or the person having the custody of the permanent registration book ten days before the time of such election to make from said book a list of voters for such election, and in making such list the registrar shall exclude all persons on the registration list who registered later than fifteen days prior to such election, as well as those who are for any reason not entitled to vote on account of non-payment of taxes, or who shall be disqualified from voting for any reason. That is to say, that the list of voters shall be made up from the permanent registration book by excluding therefrom those who are not qualified to vote in the approaching election. The list of voters so made up by the registrar shall be furnished to the managers of the election, and no person shall be allowed to vote at such election unless his name appears on said list of voters, or unless he produce and exhibit to the managers a certificate signed by the registrar that his name was omitted therefrom by accident or mistake. SEC. 69. All elections in said city shall be conducted in the following manner, to-wit: The city managers shall designate the place at which the polls shall be opened in said city, preferably the city hall of the city, and shall then designate three managers and two clerks to officiate at said polling place, and such managers and clerks shall be sworn by some officer authorized to administer an oath, to faithfully discharge the duties imposed upon them, and not to divulge how any person has voted at any election unless

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called upon to give evidence thereof in some court of competent jurisdiction of this State. The city managers shall provide for each election, no matter for what purpose called, an official ballot on which shall appear the names of all offices to be filled and all candidates for offices, and the question or questions submitted, and no ballot shall be voted except the official ballot, thus prepared and furnished to the election managers by the city managers. Only one person shall be permitted to enter the polling place by the managers at a time, and one such ballot, numbered with a corresponding number to the number on the list of voters kept by the clerks shall be delivered to the voter, and such voter shall retire to a booth or other private place which shall be provided by the city managers, and strike from such ballot the names of such persons and the side of the question that he does not desire to vote for, and return such ballot to the manager, and his name shall then be entered upon the list of voters by the clerk, and the ballot shall be placed in the box. If the voter shall leave upon his ballot more names of candidates than are to be elected to a particular office, or two sides of the question to be submitted, then said ballot shall not be counted as to such office or as to such question. The election managers may prepare in the presence of each other the ballot of any blind, illiterate or infirm person requesting them so to do, but in no other instance shall the ballot be prepared by the managers or clerks. The polls shall be opened at the election precinct not earlier than nine o'clock A. M., Eastern standard time, and shall be closed not later than 4 P. M., Eastern standard time. The election managers shall publicly exhibit the box when the polls are opened, and show that no ballots are contained therein, and the box shall then be sealed in the presence of the bystanders, except as to place of depositing the ballot, and shall remain sealed until the polls are closed. When the polls are closed the votes shall be counted publicly, but at no other time during the day shall any person be admitted by the manager into the voting room except the managers, the clerks, and the voters entering one at a time. In counting the

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votes, each ballot shall be called by one of the managers and inspected by the others before the vote is finally recorded. Elections. SEC. 70. It shall be unlawful for any candidate, either directly or indirectly, or for any one acting for or on behalf of any candidate, or issue, or question to be decided by any election or primary election to convey, carry, transport or have conveyed, carried or transported, by carriage, automobile, or in any manner any elector to the polls or place of voting. A violation of any of the provisions of this section shall constitute a misdemeanor, and shall be punished as provided by Section 1065 of the Penal Code of 1910. Unlawful practices. SEC. 71. The city managers may at any election held in said city, provide two or more ballot boxes and additional clerks and managers for the same, and make all needful rules and regulations for the use of said managers to prevent repeating or unlawful voting. Ballot boxes. SEC. 72. After the votes have been counted the election managers shall seal up the oath of the managers and the clerks, the tally sheets, the lists of voters, and the ballots, and the same shall then be delivered to the clerk of the city managers, to be safely kept until delivered to the city managers. The managers of the election shall keep two tally sheets and two lists of voters, and in all other respects, except as herein provided, the election shall be held in accordance with existing laws of this State relating to elections by the people. Tally sheets, etc. SEC. 73. The city managers shall meet as soon as practicable after the election is held, either on the day of the election or thereafter, as they may deem proper, and it shall be the duty of the clerk to lay before the city managers the returns of the election as filed in his office, and the returns shall be opened and shall be canvassed by the city managers, and the result declared, all of which shall be in public. If any person who may be a candidate for office, or any registered elector who voted at such election,

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desires to contest such election he shall, on or before the declaration of the result by the city managers, file with the clerk of the city managers, a notice in writing to that effect, and then within a time to be fixed by the city managers shall file with the clerk of the city managers his grounds for contest, which shall be heard and determined by the city managers in accordance with such ordinances and resolutions as the city managers may adopt from time to time. In the meantime, the result of the election as to such office, or as to such question so contested, shall not be declared until after such contest is decided. Returns of elections. SEC. 74. If, at any time, a primary election shall be held in said city by a political party, or set of voters in said city, such primary election shall be held in accordance with the rules and regulations provided in this Act as to the registration of voters and as to the manner of election. Primary elections. SEC. 75. If this Act shall be adopted and become the charter of the city of Athens, as hereinafter provided, then the mayor and council of the city of Athens shall designate the city hall as a voting place, and shall appoint managers and clerks to conduct the election for the city managers, as herein provided for, and said election for city managers shall be held on the first Wednesday of December, 1914, in accordance with the provisions of this Act, provided that any person shall be allowed to vote at said election who shall register under the provisions of Section 76 of this charter, and whose name shall be upon a list of voters compiled as provided in Section 76, and any person registering fifteen days before said election shall be included in said list of voters. Voting place. SEC. 76. That within not less than thirty days, nor more than sixty days, after this Act has been approved by the Governor there shall be held in the city of Athens an election to determine whether this Act shall become applicable to the city of Athens. The day of the election shall be fixed by the mayor and council of the city of Athens. An advertisement of the day so fixed and the place of

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voting shall be published in each daily newspaper in the city of Athens at least twenty days before the day fixed for the election, and the mayor and council of the city of Athens shall designate as the place at which said election shall be held, the city hall of said city, and shall appoint three managers and two clerks for each ballot box that may be used in said election, and said election shall be held as near as may be under the provisions of this Act in regard to elections. There shall be made up by the clerk of council a list of voters authorized to vote at said election, which list shall embrace only those persons who are registered voters under the laws of this city and this State, residing in the city of Athens, and who have registered at least fifteen days prior to such election, such list to be taken from the permanent qualification book of the tax collector of said county, and the city registration book; and this list shall be published at least ten days before the election, and no person shall be allowed to vote whose name does not appear on such list, unless he produces and exhibits to the managers of the election a certificate signed by the clerk of council and county registrars, that his name was omitted from said list by accident or mistake. Election for adoption of this Act. SEC. 77. The mayor and council of the city of Athens shall prepare and deliver to the managers of said election an official ballot, which shall have written or printed thereon on separate lines the words For the new charter and Against the new charter, and those desiring to vote for the new charter shall erase the words Against the new charter, and those desiring to vote against the new charter shall erase the words For the new charter, and no ballot shall be counted which has neither erased. Form of ballots. SEC. 78. As soon as practicable after the polls are closed the mayor and council shall meet and the managers of the election shall bring in the returns and the returns shall be canvassed by the mayor and council, and the result declared, and if a majority of the votes cast shall be for the new charter, then this Act shall take effect, and become the charter of the city of Athens from that date,

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and if a majority of the votes shall be against the new charter, the mayor and council shall so declare, and the present charter of the city of Athens shall continue in force. Result to be declared. SEC. 79. If this Act shall take effect and any section or provision thereof shall be declared invalid for any reason, the remainder of the Act shall remain operative. Invalid section. SEC. 80. Amendments to this charter may be submitted to the registered electors of the city by a majority vote of the city managers at the next regular municipal election, if one shall occur not less than sixty days, nor more than one hundred and twenty days after its passage by the city managers; otherwise, the city managers shall provide for the submission of the amendments at a special election, to be called and held within the time aforesaid. If such proposed amendment be approved by a majority of the registered electors voting thereon at said election, it shall become a part of the charter at the time fixed therein. The said city managers shall have as full and complete power of submitting amendments to this charter as the General Assembly of Georgia has in enacting special Acts relating to municipalities. Amendments to this charter. Approved August 14, 1914. ATLANTA CITY LIMITS EXTENDED. No. 398. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof by extending the limits of the said city, so as to annex and include the following territory, to-wit.: All that tract of land lying in land lot two hundred eleven (211) of fifteenth (15th)

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district of DeKalb County, which tract lies north of the right of way of the Georgia Railway and Banking Company, and between the present limits of the city of Atlanta, north of said right of way, and the west limit of the town of Kirkwood, lying north of said right of way, the said tract being bounded on the north by the north line of said land lot two hundred eleven (211). 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: Act of 1874 amended. SECTION 1. That the limits of the city of Atlanta be extended beyond the limits as now defined, or added to, so as to take in new territory adjacent thereto and described as follows, to-wit.: All that tract of land lying in land lot two hundred eleven (211) of the fifteenth (15th) district of DeKalb County, which tract lies north of the right of way of the Georgia Railroad and Banking Company, and between the present limit of the city of Atlanta, north of said right of way and the west limit of the town of Kirkwood lying north of said right of way, said tract being bounded on the north by the north line of said land lot two hundred eleven (211). Extension of limits over new territory. SEC. 2. That the mayor and general council of the city of Atlanta are hereby authorized and empowered, in their discretion, to include all of said added territory, in whole or in part, within one or more wards of said city, and to make such changes and pass such ordinances as they may deem advisable in readjusting the present city limits, at said point with said added territory. Wards and readjustments. SEC. 3. That the power, authority and jurisdiction of the city of Atlanta are hereby extended over and made effective in every part of said added territory; the power and authority of the officers of said city and the recorder's

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court thereof are likewise extended over this new territory in as full a manner as over the present limits of said city; the power of taxation, of making local assessments, fixing licenses, for regulating business; to assess, issue execution, and in case of default sell property so assessed for taxes or assessments in the same manner as now authorized by the charter of said city; the power and authority of all the boards of said city are likewise extended over said new territory; the property, real and personal, now or hereafter located in said added territory is hereby made subject to all outstanding and future bonds issued by said city and is bound for the payment equally with the other portions of said city. Jurisdiction over added territory. SEC. 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. ATLANTA CITY LIMITS EXTENDED. No. 443. An Act to amend an Act establishing the new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, by extending the limits of said city, so as to annex and include the following territory, to-wit.: All that parcel of land, beginning at a point on the eastern limits of said city where the land lot line between land lots fifty-five (55) and fifty-four (54) of the seventeenth (17th) district of said county intersects said limits; and extending thence east along the land lot lines lying between land lots fifty-five (55) fifty-four (54), fifty-two (52) and fifty-three (53) of said district for a distance of fourteen hundred

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(1400) feet; thence in a southeasterly direction in a straight line to a street or road known as Ponce de Leon Place; thence south along the west side of Ponce de Leon Place three hundred two (302) feet to Tenth or Gardner Street; thence west along the north side of Tenth or Gardner Street to North Boulevard; thence continuing west in a line straight with the north side of Tenth or Gardner street to the present limits of the city of Atlanta; thence in a northerly direction along city limits to the beginning point; to extend the jurisdiction of the city of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize the mayor and general council of said city to include all or any part of said annexed territory in their discretion, in one or more wards of the city; to pass such ordinances as may be advisable in readjusting said territory with the rest of the 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 the Act establishing the new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended by extending the limits of said city so as to annex and include the following territory, to-wit: All that parcel of land beginning at a point on the eastern limits of said city where the land lot line between land lots fifty-five (55) and fifty-four (54) of the seventeenth (17th) district of said county intersects said limits; and extending thence east along the land lot lines lying between land lots fifty-five (55), fifty-four (54), fifty-two (52) and fifty-three (53) of said district for a distance of fourteen hundred (1400) feet; thence in a southeasterly direction in a straight line to a street or road known as Ponce de Leon Place; thence south along the west side of Ponce de Leon Place three hundred two (302) feet to Tenth or Gardner Street; thence

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west along the north side of Tenth or Gardner Street to North Boulevard; thence continuing west in a line straight with the north side of Tenth or Gardner Street to the present limits of the city of Atlanta; thence in a northerly direction along city limits to the beginning point. Act of 1874 amended. New territory annexed. SEC. 2. Be it further enacted by the authority aforesaid, That the jurisdiction of the city of Atlanta, as now defined in its charter, be extended over the said annexed territory, and the ordinances of said city now of force therein shall be of force in said new or annexed territory, and shall be binding upon all persons and property therein; that the mayor and general council of said city may, in their discretion, include all or any part of said annexed territory in one or more wards of the city; that the mayor and general council of said city may pass such ordinances as they may deem advisable in readjusting said territory with the rest of the city; that all the legislative, judiciary and executive power vested in the council, the recorder's court and the officers and boards of said city, under the present charter thereof, are hereby extended over all of said annexed territory, and same shall be subject to all bonds of said city to the same extent as the other portions of the present limits of said city. Jurisdiction over added territory. Wards and readjustments. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. ATLANTA, CITY OF, CHARTER AMENDED. No. 475. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and

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the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an 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: Act of 1874 amended. SECTION 1. That the mayor and general council of the city of Atlanta are hereby authorized and empowered, in their discretion, upon petition of the owners of at least three-fourths the real estate abutting on the entire street, or on any portion of a street, provided that such owner or owners of such real estate shall reside on said street at the time the petition is signed, to have the surface of said street or portion of street, so petitioned for, oiled, that is, to have the surface of the pavement thereon treated by oiling same or by covering said pavement with oily substance or oily mixture, in whatever way the general council may decide, so that dust thereon may be kept down and not subject to be driven by the winds along the street or over the property adjoining same. When such petition is filed the general council shall cause a notice of the presentation of such petition and of the time and place when same will come up for consideration to be published in one of the daily papers published in said city at least ten days before an ordinance shall be passed, based on said petition. At any time and place, opportunity shall be given to all persons to advocate or oppose the granting of said petition, the final decision being reserved in the mayor and general council. If favorable, an ordinance shall be passed directing the work to be done. Said mayor and general council have final authority to determine whether or not said petition is sufficient in form or sufficient frontage has been signed or the notice has been published as required, and all such preliminary matters shall be entirely for the determination of the mayor and general council, and the passage of said ordinance shall be final evidence that all these matters

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have been performed, and such work shall not thereafter be interfered with by injunction or otherwise. The amount of the assessment in each case shall be a lien on the abutting property from the date of the passage of the ordinance providing for the work as above set out. The lien so given shall rank next in dignity to the taxes due the State and be paid accordingly. The mayor and general council shall have full authority to enforce the collection of all of said assessments by execution against the real estate abutting on the street treated by oils or otherwise, as above set out. Said execution shall be issued against said property in the name of the owner thereof, the owner being the person owning same at the date of the passage of the first ordinance herein provided. Following such assessment, if the same is not paid, execution shall be issued thereon by the clerk of council and deposited with the marshal and levied on said real estate, and after advertisement and other proceedings, as in the case of sale for city taxes, the same may be sold at public outcry to the highest bidder, as in case of said tax sales, and the purchaser thereof at said sale shall secure full and good title to the property so sold, provided, the defendant shall have the right to file an affidavit in the same manner as provided for assessments for street paving. Generally, all the laws governing the procedure of assessments for street pavements shall be followed with regard to oiling of streets or surface of streets as herein provided, both as to proceedings prior to ordinance providing for the work and those providing for the collection of assessments based thereon. Oiling of street surface, etc. Notice by advertisement. Ordinance. Assessment a lien. Execution and sale. SEC. 2. That the mayor and general council of the city of Atlanta are hereby authorized in their discretion to consent to the removal of Eiswald Street from its present location to some other parallel location in the same block, and providing for its closing up if in their discretion said street is of no public utility, and to pass such ordinance as shall execute the authority herein conferred. Eiswald Street, removal of location. SEC. 3. The mayor and general council of the city of Atlanta are hereby empowered to elect a chairman or other

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official of the city usually elected by a board or commission, where said board or commission are unable to make such election because of a tie or absence of quorum, or other reasons, provided said failure has continued for a term of sixty days from the date provided by law for election of said chairman or other official by said board or commission. The fact of failure to elect such chairman or other official shall be brought to the attention of the general council by a petition signed by at least one-third of the members constituting such board or commission, requesting the general council to elect such chairman or other official, and upon such request being so presented the mayor and general council shall be empowered by a two-thirds vote to elect from the membership of such board such chairman or other official. The chairman or other official elected by the general council under the circumstances named shall have all rights and powers usually appertaining to such office. Chairman of board, election of. SEC. 4. That the mayor and general council, in their discretion, be, and they are, authorized to create the position of consulting engineer, who shall serve for a term not exceeding four years, at a salary to be fixed by the mayor and general council; provided, however, that the duties of such consulting engineer shall not be that of an active officer, but only one giving advice, or whose duty shall be consult with the various officers of the city, with reference to any engineering problem that may arise in such departments, and also to likewise advise and consult with the mayor and general council and the various officers of the city with reference to engineering problems with which the city may be confronted. Said official shall not be required to give his whole time to the city, but may be authorized to do other and outside work. Consulting engineer. His duties. SEC. 5. That the salaries of officials or of employees who may be elected or employed for a fixed term and whose salaries are now required to be fixed during the year preceding their election, whether such change or fixing of salaries occur in the same or in the preceding year, and all charter provisions to the contrary are hereby repealed,

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so far as they conflict with this provision, but such salaries when so changed or fixed shall not be further changed during the term of office or term of employment where elected or employed for a fixed term. Salaries of officers. SEC. 6. The mayor and general council of the city of Atlanta are authorized and empowered to provide, by ordinance for the regulation and restriction of the exhibition of moving pictures alone or in connection with other shows, such as are given in the theatres, vaudeville and similar performances, whereby the exhibition of immoral or licentious pictures may be prevented, or any pictures which tend to create disorder or injuriously affect the morals, health and peace of the community. They are further authorized to establish a board of censorship, which shall have the power to approve or disapprove all pictures proposed to be exhibited in the city in all cases where such exhibitions might injuriously affect the general welfare of the city, and to provide for the punishment of all persons who exhibit such pictures without securing the approval of said board, or such pictures as are disapproved by said board by a fine not exceeding two hundred dollars or by a sentence to work on the public works of the city for not exceeding thirty days, either or both penalties to be inflicted in the discretion of the recorder. Moving picture theatres, regulation of. Board of censorship, powers of. SEC. 7. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1914. ATTAPULGUS, TOWN OF, INCORPORATED. No. 353. An Act to incorporate the town of Attapulgus, in Decatur County, Georgia; to define the corporate limits of said town to be within one-half mile circle extended

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one-fourth mile in every direction from the center of the court ground, in Militia District No. 694; to provide for the election of a mayor and four aldermen and other officers of said town, and to prescribe their powers and duties; to declare and define the police power of said town, and to provide for all matters of municipal concern and cognizance; to provide penalties for the violation of ordinances passed by said mayor and aldermen; to provide for the construction and maintenance of a sewerage and water works system and electric light and gas plants; to provide for the grant of such franchises as may be necessary; to provide for fire, police and sanitary protection; to provide for revenue by taxation, special taxes, license taxes and occupation taxes to defray the expenses of the town government and to pay the town debts; to provide for the laying off of streets, alleys and sidewalks and other public grounds and maintenance of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory embodied within the limits of a circle having its center at the center of the justice court ground, No. 694, G. M., in Decatur County, Georgia, and having a radius in every direction therefrom of one-fourth of a mile, be incorporated under the name and style of the Town of Attapulgus. And said town of Attapulgus is hereby incorporated, and by this name and style shall have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in this State; shall be capable to purchase, hold and enjoy; to possess and retain for corporate purposes any estate or estates, either real or personal, of whatever kind or nature, either within or without the jurisdictional limits of the town of Attapulgus, and may sell or otherwise dispose of the same for the use and benefit of said town, as to the town council may

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seem proper, the mayor of said town, by the direction of the said council, making deed to any such property sold or disposed of by said town. Town of Attapulgus incorporated. Center. Limits. General powers. SEC. 2. Be it further enacted, That the government of the town of Attapulgus shall be vested in a mayor and four councilmen, who shall compose the town council of Attapulgus. Government. SEC. 3. Be it further enacted, That W. L. Miller is hereby appointed mayor to serve until the first Tuesday after the first day of January, 1915 A. D., and J. C. Cox, M. C. Williams, P. P. Perkins and F. R. Lester are hereby appointed councilmen, to hold their offices until the first annual election, as hereinafter provided. Mayor and councilmen named. SEC. 4. Be it further enacted, That on the first Tuesday after the first day of January, 1915, A. D., and at said time each year thereafter, an election shall be held at some designated place in said town for a mayor and councilmen, who shall hold office for one year from the date of their election and until their successors are elected and qualified; but no one shall be eligible to the office of mayor or councilman who is not qualified to vote for members of the general assembly of this State and who has not resided in said town for three months previous to said election. Said election shall be held in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the person elected to qualify and enter upon the discharge of the duties of the office to which he may have been elected. The returns of said election shall be made to the town council of Attapulgus, who shall make or cause to be made a record of the results of said election as declared by the managers thereof. In the event of the death, removal from the town, or resignation of the mayor or a councilman the vacancy shall be filled ad interim by an election of the remaining members of the council of a mayor or a councilman of any person eligible to said offices. Election of successors. Eligibility. Vacancies, how filled. SEC. 5. Be it further enacted, That before entering

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upon the discharge of the duties of their offices, the mayor and councilmen shall subscribe to the following oath: I do solemnly swear that I will discharge all the duties devolving upon me as mayor (or as councilman, as the case may be) of the town of Attapulgus, Ga., according to the law and to the best of my ability and understanding conserve the best interest of said town, so help me God. Which oath may be administered by any person authorized by law to administer oaths, and shall be entered upon the minutes of said town council of Attapulgus. Oath. SEC. 6. Be it further enacted, That said town council at its first meeting after appointment or election elect all necessary subordinate officers for the carrying on of its municipal powers, and shall have authority to fix the compensation of each. Election of subordinate officers. SEC. 7. Be it further enacted, That the said town council shall have the authority to make and pass all ordinances, rules and regulations they may deem necessary for the good order, health and government of said town and for the enforcement of all powers herein granted which are not repugnant to the general law. General welfare. SEC. 8. Be it further enacted, That the said town council shall have power to enact all ordinances for the enforcement of the police powers hereby delegated to it and to enforce the observance of such ordinances by fines, imprisonment, or work on the public works, not to exceed fifty ($50.00) dollars fine, imprisonment in the town guard house for thirty (30) days, or work on the public works, such streets, drainways or roads or other property as may be under the jurisdiction of said town council, any one or all, in the discretion of the court trying the offender. Police powers. SEC. 9. Be it further enacted, That the town council shall have exclusive jurisdiction over the streets, alleys, sidewalks, drainways and other public property of said town. Streets, etc. SEC. 10. Be it further enacted, That the town council

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shall have the power to lay any such streets, alleys, drainways, parks and playgrounds as they deem to be for the best interest of said town, and to this end may institute condemnation proceedings in the name of the town, or may buy the same; condemnation proceedings to be governed as prescribed in Title 2, Chapter 9, Articles 1, 2, 3 and 4 of the Code of 1910. Condemnation, power of. SEC. 11. Be it further enacted, That the town council of said town shall have the power and authority to construct and maintain a sewerage and water works and lighting plant for the benefit of said town, and to regulate fire, police and sanitary protection. Lights, sewers, waterworks, etc. SEC. 12. Be it further enacted, That said town council of said town shall have the right to give rights of way through the streets and alleys of said town to transportation, lighting, telephone and telegraph companies, and to grant franchises by proper ordinance to such companies, or to other such like utilities, or to grant same to any person or corporation under such restriction and for such time as they may deem proper; provided, always, that the application for such rights and franchises shall be advertised in the public gazette of Decatur County for thirty (30) days previous to the grant thereof. Franchises and rights of way for public utilities. SEC. 13. Be it further enacted, That said town council shall raise revenues necessary to defray the expenses and pay the indebtedness of said town government by an ad valorem tax on all real and personal property to the amount of not over five (5) mills per hundred dollars in value and by license and occupation taxes, to be fairly fixed upon the character of business assessed. 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 town. They may compel all persons sojourning in said town for the period of three (3) months, who are subject to perform road duties under the laws of Georgia, to work upon the streets of said town, not

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to exceed fifteen (15) days, and may provide for the payment of a commutation tax in lieu of street work not to exceed three ($3.00) dollars per annum. Revenue and taxation. Business licenses and regulation. Street work and commutation tax. SEC. 14. Be it further enacted, That the said town council shall have power to assess all property, both real and personal, within the limits of said town for taxes in any manner it may see fit to adopt, and taxpayers shall have the right to arbitration provided by the general law. Assessment for taxation. SEC. 15. Be it further enacted, That said town council shall have the power to issue executions, which shall bind all property of the defaulter from the date thereof, for such taxes as may be assessed under the provisions of this Act, including the usual costs, directed to the marshal and signed by the mayor, said executions to be against the real and personal property of the defaulter and levied by the marshal thereon; the said property shall be duly advertised for a period of thirty (30) days, and sold on the next sheriff's sales day subsequent to said period, in accordance with the law governing sheriff's sales, and the deed of said marshal, made in accordance with said sale, shall be as effectual to pass the title to said property to the purchaser as the deed of such defaulter; provided always, that whenever any land is sold by virtue of a tax execution, issued under the ordinances of said town of Attapulgus, the owner thereof shall have the privilege of redeeming said land thus sold within one year by paying the purchaser the amount paid by said purchaser for said land, with twenty (20) per cent. per annum from the date of purchase to the time of payment. Executions and sales. SEC. 16. Be it further enacted, That the mayor of said town of Attapulgus, and in his illness or absence from the said town, any councilman shall hold a mayor's court at such place as may be used for the assembling of the town council, when necessary, to try and punish offenders, and shall, in addition to the powers invested by this Act, have the power of a justice of the peace in criminal matters to issue warrants and bind offenders over to the courts having jurisdiction to try them. Mayor's court. Powers.

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SEC. 17. Be it further enacted, That all laws and parts of laws in conflict herewith be hereby repealed. Approved August 7, 1914. AUGUSTA, CITY COUNCIL OF, CONDEMNATION OF REAL PROPERTY. No. 279. An Act to authorize the city council of Augusta to acquire by condemnation or other proceedings, any real property in the city of Augusta or the county of Richmond, which may be necessary for the protection of said city or county from damage by floods and freshets. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the city council of Augusta be, and it is hereby, authorized to acquire by condemnation or other proceedings any real property in the city of Augusta, or county of Richmond, which may be necessary for the protection of said city or county from damage by floods and freshets. Authority to acquire property by condemnation or otherwise. for protection against floods. SEC. 2. Be it further enacted by the authority aforesaid, That said condemnation or taking of real property for the purposes aforesaid, shall be done in accordance with the Act of the General Assembly of the State of Georgia, approved December 18th, 1894, entitled An Act to provide a uniform method of exercising the right of condemning and taking or damaging of private property, and Acts amendatory thereof, contained in Code, Section 5233. Procedure. SEC. 3. Be it further enacted that all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved July 10, 1914.

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BAINBRIDGE, CITY OF, HOSPITAL. No. 286. An Act to amend the Act chartering the city of Bainbridge, approved December 16, 1901, so as to authorize the mayor and council of said city of Bainbridge to establish, erect and maintain a hospital in said city; to provide for a board of trustees for said hospital, and for the government of the same; to provide for the establishment, maintenance and erection of said hospital by local taxation, or otherwise, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act chartering the city of Bainbridge, approved December 16, 1901, be and the same is hereby amended so as to authorize the mayor and council of said city of Bainbridge to establish, erect and maintain, and to procure and hold an adequate site therefor, a hospital in said city; and to provide for the election of a board of trustees for the management of the same, and for the proper government of said hospital the said mayor and council are authorized to do any and all things necessary to carry this Act into effect. Act of 1901 amended. Hospital, establishment of. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and council shall be authorized, and they are hereby authorized, in order to procure funds with which to establish and maintain said hospital, to obtain same either from the issuance and sale of bonds or evidences of indebtedness authorized by the qualified voters of said city in the manner now provided by the general laws of the State, or to assess, levy and collect an ad valorem tax of not more than two mills on all taxable property within the corporate limits of said city, in addition to all other taxes now assessed and levied by said city, same to be assessed, levied and collected as other taxes. Funds to be raised by sale of bonds or by taxation.

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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 July 18, 1914. BAINBRIDGE, CITY OF, SIDEWALKS. No. 289. An Act to amend an Act chartering the city of Bainbridge, approved December 16, 1901, empowering said city to lay out, grade, pave, repair and regulate the width of sidewalks in said city, and to assess and collect the cost thereof, against the abutting real estate and the owner thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act chartering the city of Bainbridge, approved December 16, 1901, be and the same is, hereby amended so as to authorize the mayor and council of said city of Bainbridge to regulate the width of sidewalks in said city, and to pave, repave and repair the pavement of said sidewalks under the orders and supervision of said city authorities and with such materials as they may designate. Act of 1901 amended. Sidewalks, pavements, and width of. SEC. 2. Be it further enacted by the authority aforesaid, That the expense of such widening, paving, repaving and repairing shall be assessed against the adjoining property and against the owner of the same, and the payment of same shall be enforced by execution issued against said adjoining property, and the owner of the same, which shall be issued and levied as executions for taxes are now issued and levied, and sales thereunder and all the incidents of

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purchase, redemption and conveyance shall be the same as if said sale was had for taxes. Executions against abutting property. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have authority to pass all necessary ordinances, resolutions, rules and regulations for the carrying out of the intent of this Act for the improvement of the sidewalks of said city, or any portion of the same that said mayor and council may designate for improvement and pavement. Powers. SEC. 4. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 18, 1914. BARTOW, TOWN OF, NEW CHARTER. No. 421. An Act to create and establish a new charter for the town of Bartow, to declare the rights, powers and privileges of said corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the inhabitants of the territory in the county of Jefferson, hereinafter described, are hereby continued incorporated by the name and style of Town of Bartow 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 or of the United States, with power in and by said corporate

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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 so 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 town of Bartow 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 purposes 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 town of Bartow shall succeed to all rights and liabilities of the old corporation. Town of Bartow continued as body corporate. General powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be and remain as fixed and established by law; provided, however, that it shall rest within the sound discretion of the mayor and council to at any time call an election for the incorporation of contiguous territory whenever at least 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 town of Bartow 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. Contiguous territory. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five (5) members of council, elected from the town at large, and such other officers, servants and agents in addition to those hereinafter enumerated as said

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mayor and council may from time to time lawfully employ or elect. Mayor and council. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise especially delegated. (a) 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 one (1) year and until their successors are elected and qualified. The first election held hereunder shall be on the first Monday in December, 1915. (b) 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 number to act for such time as may be necessary. (c) 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 the said term; provided, at the time of such vacancy it is not exceeding (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 for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. (d) A vacancy occurring among the members of council shall be filled for the unexpired term at an

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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 such vacancy shall be elected. (e) 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. In addition, the mayor shall be the supreme executive officer of the city government and see to it that the 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. (f) 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 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. (g) Said mayor and council shall have power to punish by execution and attachments for contempt, in a penalty not to exceed fifty ($50.00) dollars, or confinement in the guard house thirty (30) days, either or both in their discretion, or to coerce the payment of fines for contempt by imprisonment, and in this connection to pass all ordinances deemed proper in the premises; shall have power to establish parlimentary 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 town of Bartow during my continuance in office: That

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I will to the utmost of my skill and ability promote the interest and prosperity of said town: That I will not wilfully and knowingly use or be the cause of using tyranical means towards any citizen or portion of the citizens thereof, so help me God. (h) 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. (i) The salary of the mayor shall be fifty dollars per annum. Government. Election. Terms of office. Mayor pro tem. Vacancies, how filled. Mayor's duties and powers. Legislation. Punishment for contempt. Rules. Oaths. Impeachment. Salary of Mayor. SEC. 5. Be it further enacted by the authority aforesaid, That the following municipal officers of said town shall be elected by the mayor and council and shall hold their office for a term of one year and until their successors are elected and qualified, to-wit.: An attorney, a treasurer and collector, and a clerk of council. The first election hereunder for said officers shall be held on the first Monday in January, 1915 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 dismissed 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 subjected 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. The mayor and council shall have the power, by a two-thirds vote to select annually three citizens of said town whose duty it shall be to examine the books of the clerk and treasurer

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of said town and make a full report to said mayor and council of their findings and said committee shall be paid out of the town treasury the sum of two dollars per day while thus engaged. (a) A vacancy occurring in any of the offices hereinbefore in this section enumerated, an election to fill the unexpired term shall be held by the mayor and council in not more than fifteen (15) days thereafter. (b) Any one who has attained the age of twenty-one (21) years and is a qualified voter in the town of Bartow shall be eligible to any municipal office. (c) 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. (d) All officers and employees of said town shall be required to take such oath to properly perform their duties, and the clerk and treasurer of said town shall each execute a bond in the sum of one thousand dollars, payable to the mayor, conditioned for the faithful discharge of the duties devolving upon them and the marshal and deputy marshal shall each execute a bond payable to the mayor in the sum of two hundred dollars conditioned for the faithful discharge of their duties. Each of said bonds to be approved by the mayor and general council. (e) Neither the mayor nor any member of the council, or any officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit of emolument for any purchase or sale of material, or other articles paid for out of the public revenue, or for which the town becomes responsible. Attorney, treasurer and clerk. Compensation. Duties. Suspension. Examination of books of officers. Vacancies to be filled. Eligibility to office. Discipline of officers. Oaths. Bonds. Contracts with city. SEC. 6. Be it further enacted by the authority aforesaid, That all elections, both general and special, for whatever purposes, held in said town, shall be conducted in accordance with the following regulations: (a) 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

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town 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: All and each of us do swear that we will faithfully manage this day's election: That we are qualified voters in said town, 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 town, 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. (b) That all elections shall be held at such place as may be prescribed by ordinance: (c) The polls shall be open from nine (9) a. m., to three-thirty (3:30) p. m. standard time. (d) There shall be kept by the managers as hereinbefore prescribed, three (3) lists of the names of the voters, which names shall be numbered in the order of their voting, and also three (3) tally sheets. (e) 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. (f) When the votes are all counted out, there must be a certificate signed by all the managers, stating the number of votes each person or question, as the case may be, voted for, or upon, received, and each list of voters and each tally sheet must likewise have written the signatures of the managers. (g) 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 name of the managers enclosed therein, and delivered to the clerk of council, who shall keep same safely and have it at the next meeting of the mayor and council. (h) That one tally sheet, and 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

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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 above hereof, which shall be filed away and safely kept. (i) 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 resolution of the council declaring the result of the election, shall be entered on the minutes of the council. Elections, how conducted. Managers. Oath. Place. Polls. Lists and tally sheets. Ballots. Certificate of votes. Returns. Result to be 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 Jefferson, who shall have paid all taxes legally imposed and demanded by the authorities of the town, 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 town of Bartow, and have registered as hereinafter provided, shall be qualified to vote at any town election. Voters qualified. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of council, or in case of his sickness or absence, any officers of the town 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), forty-five days prior to each election, a list for the registration of voters, which 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 6 p. m. on the thirtieth day. (a) Upon application in person by such persons entitled to register who shall furnish the clerk of council evidence of

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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 in the register, the white and colored being kept separate. (b) 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 Jefferson; that I will have resided in the town of Bartow 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 town 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. (c) The clerk or registering officer shall furnish the managers of the election prior to the opening of the polls a certified copy of said town 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. (d) 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 the above section, shall be guilty of false swearing and shall be punished as prescribed in Section 262 of the Penal Code of Georgia of 1910. Registration of voters. Registrar. Oath of voter. Registration list. Illegal voting. SEC. 9. Be it further enacted, That there shall be and

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there it hereby established in and for the town of Bartow, to be conducted in such manner and at such time, except Sunday at any place in the town as the mayor and council may prescribe, a town 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 town 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 subpoenas and shall contain a summary or simple statement of the offense charged; and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas. (a) The said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city council committed within the corporate limits, and to punish persons convicted in said court of violation of such laws and ordinances in a fine not to exceed one hundred dollars ($100.00) or by imprisonment in the guard house, town prison, or other place provided, or by compulsory labor on the streets or other public works, or town chaingang, not to exceed four months, 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 inforced 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 town but in the event no penalty is provided for the doing of which is made unlawful

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by ordinances, the court shall have power to proceed to impose the punishment as herein enumerated. (b) 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 town police court by a fine not to exceed twenty-five dollars ($25.00) or imprisonment in the town guard house, town prison, or other place provided, 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 and other presiding officers 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 town of Bartow 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 town. 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 Jefferson 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 Jefferson, after legal investigation, and shall, if the evidence in the trial of as offense against the ordinances of the town discloses the violations of any State law, have the power to bind the defendant over as above set forth. (c) 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 the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a cause inconsistent with

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justice; provided, no fines which have been imposed and collected shall be refunded in whole or in part, except the city council upon written recommendation of the mayor or other presiding officer, who may have imposed such fine. (d) 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 town 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 town, or any state penal law, together with the names of the witnesses against them, and in a summary or simple statement of the offense with which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused; provided, the mayor and council may be prescribed 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. (e) Said court shall have the power to compel the attendance of witnesses in all proceedings before said court by subpoena, which subpoena 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 set for trial or hearing and the time at which the person subpoenaed shall appear. The mayor or other presiding officer of said court shall have the power to punish any person disobeying said subpoena for contempt of court within the limits of punishment in this Act prescribed; such subpoena shall be served by any officer or member of the police force of the town. 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

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member of the police force. (f) 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. (g) 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 town of Bartow, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. (h) when any bond is given by any person charged with an offense against the ordinances or arrested for such 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 town at least two days prior to the return day thereof, upon the principal and sureties personally, or in absence of either from the county or state, show 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 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. (i) The mayor and council shall have the power to provide by ordinance for the charge and collection of all items of costs in cases

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brought into said police court, such as are incident and lawfully chargeable to the prosecution of said cases. (j) 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 town, and sales thereunder shall be conducted in the same manner. (k) Upon the 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. Police court. Powers. Jurisdiction. Punishment. Contempts. Warrants, issue of. Commitment. Bail. Penalties, suspension of, etc. Dockets. Summons. Witnesses. Certiorari. Forfeiture of deposit. Forfeiture of bond. Costs. Fines, executions for. Warrant for arrest. SEC. 10. 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, 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 discharge the duties imposed upon them by the laws and ordinances. Said marshal or chief of police shall be eligible to said position regardless of whether he be a resident of said municipality or otherwise. The chief shall hold his office for one year, and the remaining members of the force for one year, their respective terms beginining on Tuesday after the first Monday in January, and until their successors are elected and qualified. (a) 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 paid 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 council. It shall be the duty of the marshal or chief of police, to prosecute before the superior court of Jefferson County and the city

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court of said county. For the failure to perform any duty required by law or the town ordinances they may be suspended or removed from office by the council. The mode of preferring the accusation against them and their trial shall be prescribed by city ordinance. The town council shall also prescribe the manner of suspending until trial, the marshal or chief of police, or any other police officer where accusation is brought, and in all cases the mayor 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 town, with or without a warrant and whether the offense was committed in his presence or not. Police force. Chief. Compensation of police officers. Duties. SEC. 11. Be it further enacted by the authority aforesaid, That said town of Bartow 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 town, with pull 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 town, and with power also to require changes in, or the total discontinuance of, any such contrivances or structures already in existence, or that may hereafter be allowed. Drainage, sanitation, etc. SEC. 12. Be it further enacted by the authority aforesaid, That the town of Bartow 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 town and shall have the further power to locate and lay off new streets, alleys or ways within the town, to alter in any manner or close and vacate any of the same, and to prohibit any one from opening and laying off new streets or ways without the consent of the mayor and council. Streets, sidewalks, etc.

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SEC. 13. Be it further enacted by the authority aforesaid, That the town of Bartow is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said town for the sites for the erection of public buildings for said town, for parks, water supply, sewers cemeteries, plants for handling and disposing of sewerage, for drainage, or sewerage purposes, for the purpose of opening and laying off any new streets, alleys, or ways, extending or altering in any manner, any of the streets, alleys, or ways of said town, and for other public purposes and to pay the owners of said property the damages incident to said condemnation. Said town 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 town for the said purpose 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 of land. SEC. 14. Be it further enacted by the authority aforesaid, That the town of Bartow shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the town, 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 or 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 Jefferson County are published, ten (10) days before the final action on such application. Encroachments, privileges and franchises. SEC. 15. 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

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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. Taxation of franchise. SEC. 16. 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 ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect, as the council may deem proper to include therein or a revision thereof or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. And said code shall be subject to amendment or repeal in whole or in part, at any time. Code of ordinances, etc. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said town 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 conveniences of said town, and to prescribe punishments for the violation of the same, in a fine not exceeding one hundred ($100.00) dollars 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 four months and either one or more of said punishments made cumulative, or the fine may be imposed with as 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 house, city prisons or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. (a) 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 reading of said ordinances

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may be had at the first meeting, upon unanimous consent of the mayor and council to that effect; privided 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. (b) All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of this passage and countersigned by the clerk of council. (c) All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing name 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 town. General welfare. Power to punish. Ordinances and resolutions. SEC. 18. Be it further enacted by the authority aforesaid, That in addition to the special school tax authorized by the law at present, said town of Bartow 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 town, not to exceed one-half of 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

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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. The said council of the town of Bartow is hereby created a board of tax assessors in and for said town with the power to supervise and inspect all tax returns and if in their judgment any property returned for taxation has been returned not at its true value, so adjust the same and to notify the tax payer whose returns have been changed within five days after such change, and upon a failure of the tax payer and said authorities to agree as to the value of said property, then the town council shall name one arbitrator, the taxpayer one and in the event of their disagreement, these two shall name a third who shall fix the value of said property; the tax payer having the right to appeal from said decision as is now provided under the state law for appeal in similar cases. (a) Said town 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 limitations 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 hearing 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 sale under same shall be conducted as is now, or may hereafter be provided by State law and city ordinances not in conflict

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with said State laws; and where the owner of property in said town 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 town's power to provide machinery or methods for the return, assessment and taxation of property within the town, shall be as full and complete as that of the State. (b) Said town 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. (c) Said town shall have the power to require each male resident living within the present or future corporate limits of the town, between the ages of twenty-one (21) and fifty (50), inclusive, to work upon the streets of 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 two dollars and fifty cents ($2.50) annually, and further, to provide for the collection of said tax by an execution for city taxes; and to provide for the 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 appointed place, 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. Taxes, what leviable. Licenses. Assessors. Arbitration and appeal. Returns for taxation. Executions for taxes. Occupations, registration and taxation of. Street tax. SEC. 19. Be it further enacted by the authority aforesaid, That the town of Bartow shall, in addition to the powers hereinbefore granted, have the following powers: (a) To try all nuisances within the town and abate the

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same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the town or any neighborhood to be abated in a summary manner; to charge the expenses 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. (b) To regulate butcher pens, butcher shops, 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. (c) In order to guard against danger or damage by fire, said town 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. (d) 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 or other animals within the town. (e) 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. (f) To organize a chaingang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the town. (g) 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 or transmission. (h) 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

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and strength of the same, as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person or damage to property. Nuisance abatement. Regulation of offensive places. Fire protection, regulations for. Animals at large. Filling of excavations, etc. Chaingang. Waterworks and electric lights. Building inspection, etc. SEC. 20. 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 town of Bartow 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 town, 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. Powers not restricted. SEC. 21. 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 12, 1914. BARWICK, TOWN OF, CHARTER AMENDED. No. 330. An Act to amend the Act of the General Assembly of Georgia, incorporating the town of Barwick and approved August 17th, 1903, by providing for the issuance of bonds for waterworks, electric lights, paving and other public improvements; by changing the place of holding election in said municipality and vesting in the mayor

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and council power to designate polling places; by repealing so much of said charter as provides that no salary shall be paid to any officers of said corporation with the exception of the marshal and that part thereof which provides that the marshal shall act as clerk, tax receiver and tax collector, 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 Legislature incorporating the town of Barwick and approved August 17th 1903, be and the same is hereby amended, so as to authorize the mayor and councilmen to call an election to provide for the issuance of bonds for the purpose of constructing and maintaining waterworks and an electric light plant and system, for street paving and for any and all other public improvements and to issue said bonds in the event that legal voters of said municipality shall, at said election, authorize the same and to do all other lawful acts to carry out and effectuate the purposes and powers hereby vested in said mayor and council. Act of 1903 amended. Election for bond issue. SEC. 2. Be it further enacted by the authority aforesaid, That Section 4 of said act be, and the same is hereby amended, by striking out from the fourth line of said section, the following words, In the school building in said town, and by adding at the end of said section after the word elected, the following: All elections in said town shall be held at such places as shall be designated as polling places by the mayor and council. Election polling places. SEC. 3. Be it further enacted by the authority aforesaid, That Section Seven of the said Act be and the same is hereby amended by striking out therefrom the following: And no salary whatever shall be paid to said mayor and councilmen or their officers, except the marshal who shall act as clerk, tax receiver and tax collector, and by substituting in lieu thereof the following: The salaries of all officers shall be fixed by the mayor and council annually. Salaries of officers. Approved July 29, 1914.

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BLACKSHEAR, CITY OF, CHARTER AMENDED. No. 457. An Act to amend an Act entitled An Act to create and incorporate the city of Blackshear in the county of Pierce, 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; to declare and define the police powers of said city, and to provide for other matters of municipal regulations, concern and welfare and for other purposes, approved August 15th, 1911. 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 and incorporating the city of Blackshear, approved August 15th, 1911, as contained in the Acts 1911, pages 734 to 782 inclusive, be, and the same is, hereby amended and supplemented as follows, to-wit.: Act of 1911 amended. SECTION 1. That the city council of Blackshear shall have the power to be exercised in its discretion, at the first meeting of the said city council in each year, of electing three of the most upright and intelligent citizens of said city as tax assessors. Said election may be held at a subsequent meeting of council if it be deemed advisable to postpone the election at the first meeting. Said citizens or either of them shall hold office (not exceeding two years) for such time as may be prescribed by the city council. Should a vacancy occur in the board at any time for any reason, the same may be filled by the council. Should any member of said board of tax assessors fail or neglect to perform his duty, of which the city council shall be the exclusive judge, he may be removed in the discretion of the

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city council. Before entering upon the discharge of their duties, the said board of tax assessors shall, before the mayor, or in his absence, or disability, before some other person authorized to administer oaths, subscribe the following oath: We do solemnly swear that we will faithfully and impartially perform the duties of the office of tax assessors for the city of Blackshear without favor to any one, and will make a just and fair valuation of all property therein subject to taxation, in accordance with the law and with the ordinances of said city, so help us God. Said three persons, one of whom shall be by their number designated as chairman, shall constitute the board of tax assessors for said city for the time they may be elected. Said assessors shall receive such compensation as may be provided by the city council. Election of tax assessors. Term of office. Vacancy. Removal. Oath. Compensation. SEC. 2. It shall be the duty of said tax assessors to examine all returns of both real and personal property of each tax payer, and if, in the opinion of the board, any tax payer has omitted from his returns any property that should be returned or has failed to return any of his property at a fair and just valuation, the said board shall correct such returns and shall assess and fix the fair and just valuation to be placed on said property and shall make a note thereof and attach the same to such returns. It shall be the duty of said board to see that all taxable property within the limits of said city is assessed, and returned at its just and fair valuation, and that valuations as between the individual tax payer are fairly and justly equalized so that each tax payer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes and equalizations shall have been made by said board, it shall be the duty of the board, to immediately give notice to any tax payer of any changes made in his returns, either personally or leaving same at his residence or place of business, or, in case of non-residents of the city, by sending said notice through the United States mails to his last known place of address. The said board of assessors shall give to any property owner dissatisfied with the changes made by

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assessors, or with the returns made by them where the owner himself failed to make a return, an opportunity to appear before them and make objections and be heard as to the valuation placed by them upon any piece of property, and if in the judgment of the assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, shall be final. Publication in any newspaper in said city seven days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section as to the time of hearing complaints. Duty of assessors. SEC. 3. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force in said municipality of Blackshear to make out a return for such defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by council for failure to make returns of property for taxation. The same notice shall be given and the same hearing accorded and published notice of hearing had in case of a person failing to make returns as required in the preceding section in case of a person whose return is changed by the board of tax assessors. SEC. 4. In place of the hearing provided for in the two preceding sections, the city council may in its discretion, provide for arbitration between the complaining property owners and the tax assessors. In case of arbitration being provided for, one arbitrator shall be chosen by the council or by the assessors in the discretion of the council, one by the complaining property owner, and in the event said two arbitrators so chosen do not agree, they may call in a third arbitrator, and a majority of the three shall decide the question at issue. The decision of said arbitrators shall be final. Council shall have the power to pass all necessary rules and regulations with reference to said arbitration, to prescribe form of oath to be administered to the arbitrators, and to provide what compensation, if any, they shall be allowed. Arbitration.

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SEC. 5. That the clerk of the city council shall be clerk of the board of assessors, and shall perform such duties in connection with said board as may be by said assessors directed. Said clerk shall issue all subpoenas and notices, which shall bear test in the name of the board of tax assessors. Clerk of assessors. SEC. 6. The said board of assessors shall have authority to issue subpoenas for the attendance of witnesses and to require the production by any person of all his books, papers, and documents which may throw light upon the questions of the existence or liability or property of any class for taxation. If any witness so subpoenaed, shall fail or refuse to answer questions propounded or shall fail or refuse to produce any such books, papers or documents, such person shall be cited by said board to appear before the mayor of said city, who shall hear, in a summary way, the reasons or excuses of such person for such failure or refusal, and the mayor shall have authority to impose such punishment as for a contempt, as he may see proper, not to exceed a fine of one hundred dollars, or imprisonment not to exceed ten days, or both, in the discretion of the mayor. Authority of assessors. SEC. 7. That within such time as may be directed by the ordinances of said city, said assessors shall make report to the city council of their actings and doings, after which the city council shall cause taxes to be collected at the valuations fixed by said assessors or that they have returned approved. A majority of said assessors shall constitute a quorum and shall have all the rights and powers of the whole. Reports of assessors. SEC. 8. That said board of assessors shall have the right to fix such rules and regulations not contrary to the charter and ordinances of said city, as it may see fit. Rules. SEC. 9. The foregoing provisions with reference to tax assessors are hereby made optional, and may or may not be put in effect as the council of said city may see fit. In the event the foregoing provisions with reference to tax assessors are not put into effect, or at any time same may not be in operation, by reason of the failure of the council to

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elect tax assessors under said provisions, the city council, or any committee thereof, shall have and are hereby given all of the rights of assessment herein provided for and the provisions hereof are hereby made applicable to the council, and any assessment made by it. Foregoing provisions optional. SEC. 10. That the mayor and aldermen of said city of Blackshear shall have authority and power to provide by ordinance when tax returns shall be made, 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 they shall be paid, to fix a penalty for the non-payment of taxes when due, and to order executions issued against all persons who do not pay their taxes by the time fixed by ordinance. Tax returns. SEC. 11. That the city council shall have the power and authority to impose a tax not exceeding one dollar per capita per annum on dogs owned or kept within said city and shall have the power and authority to pass such ordinances as they deem necessary to collect such tax, or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said 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 such tax, or may otherwise provide for punishment of such owner. Dog tax. SEC. 12. That the marshal and police of said city may take bond for the appearance of any person arrested for a violation of any of the ordinances of said city before the mayor's court, said bond to be taken and approved in such manner as may be provided by the city council. In the event that any person for whom bond may be taken to appear before the mayor's court should fail to appear upon the call of the case in said court at the time provided for his appearance, the presiding officer shall declare said bond forfeited and so enter upon the docket. A rule nisi shall then be issued by such presiding officer, returnable to the next regular term of said mayor's court against the principal and

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his sureties, which shall be served by any of the marshals or police of said city at least five days before the return thereof. Service may be made personally or by leaving copy thereof at residence of defendant. If at such return term no sufficient cause be shown to the contrary, judgment shall be rendered by the mayor or presiding officer, against such principal and sureties, or such of them as have been served. Bond of person arrested. SEC. 13. The mayor of said city is hereby authorized to compel the attendance of witnesses upon the mayor's court of said city from any part of Pierce County, or other county of this State, and to punish as for contempt the failure of any person to attend after having been subpoenaed so to do. Witnesses. SEC. 14. Be it further enacted that the mayor, upon the complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or with intent to illegally sell, or otherwise illegally dispose of same in a certain described place, within the corporate limits of said city, shall thereupon issue a search warrant, directed to the chief of police and to the policemen of the city, commanding them to enter the suspected place, search for and seize the same if found therein. The officer making the seizure shall hold the goods in custody and make return of his actings and doings to the mayor upon said warrant. The chief of police or policemen shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in immediate control, or custody of the same, then upon the person who appears to have control of the building or other places where the same are found, to appear and defend against said warrant and notice, and a hearing shall be had on the same to determine whether the law has been violated by the storing or the keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors, and if such question be determined affirmatively, the goods seized as aforesaid shall be destroyed by the city

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authorities after the lapse of thirty days from the date of the judgment on the warrant, unless steps be taken to have said judgment reviewed by the higher courts. The chief of police or other policeman shall also arrest such person appearing to have control of the building or place where the same may be found, and bring him and them before the mayor's court to be tried and punished as the ordinances shall direct; the mayor and aldermen shall prescribe by ordinance all penalties for violations of the laws and ordinances of the city touching this question. Intoxicating liquors. Search warrant. SEC. 15. That should any person violating any of the ordinances of said city flee or remove from the jurisdiction thereof, he or she may be apprehended and arrested wherever found in the State, and the warrant 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 and arrested wherever found in this State, and a warrant of either of the officers 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 as provided in the charter of said city for violation of a municipal ordinance. The warrant shall be directed to any marshal, policeman, sheriff, deputy sheriff or constable of said State and may be served by any of said officers. Arrest of violators of ordinances. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914.

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BLUE RIDGE, CITY OF, CHARTER AMENDED. No. 508. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge, in the county of Fannin, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes, approved August the 6th, 1908, and amended and approved August the 10th, 1911, so as to increase the number of councilmen from three to five; to provide for their election and the election of their successors, and to confer the rights and powers and duties of the light, sewer, water and bond commissioners for the city of Blue Ridge upon the mayor and councilmen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That said Acts approved August the 6th, 1908, and August the 10th, 1911, be, and the same are, hereby amended by repealing and striking from said Act approved 1911, three (3) and four (4) thereof, which provides for the number of councilmen, their election and the election of their successors. Acts of 1908 and 1911 amended. SEC. 2. Be it further enacted by the authority aforesaid, That the following two sections be, and the same are, hereby enacted and substituted in lieu of three (3) and four (4), approved August the 10th, 1911, to-wit.: SEC. 3. Be it further enacted, That the municipal government of the city of Blue Ridge shall consist of and be vested in a mayor and five councilmen; that the present mayor and councilmen of said city, who were elected on the fourth Saturday in December of 1913, shall continue in office until the first day of January of 1915, or until their

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successors are elected and qualified, and said mayor and councilmen shall exercise all powers and authorities conferred upon the mayor and councilmen of said city of Blue Ridge, and on the fourth Saturday in December, 1914, a mayor, five councilmen and clerk and treasurer shall be elected as provided in the next section of this Act. Government, officers of. Election of officers. SEC. 4. Be it further enacted, That on the fourth Saturday in December, 1914, there shall be elected, for the city of Blue Ridge, by the qualified voters thereof, a mayor, five councilmen, a clerk and treasurer, for a term of one year. The term of office of the mayor, councilmen, clerk and treasurer shall begin on the first day of January and end on the first day of January following, and until their successors are elected and qualified. The mayor and each councilman before entering upon the discharge of the duties of their respective offices shall severally take and subscribe, before an officer qualified 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 councilmen, as the case may be) of the city of Blue Ridge for the ensuing year, 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, said mayor and councilmen shall provide by ordinance for regular monthly meetings, and may hold such special or call meetings as the business of the city may demand or require, to be convened as provided by ordinance. In the event the office of mayor, any one of the councilmen, clerk and treasurer shall become vacant by death, resignation, removal or otherwise, the mayor, or mayor pro tem., shall order an election to fill said vacancy or vacancies by giving ten days' notice in the newspapers published in Blue Ridge, and any person or persons so elected shall be duly qualified to fill such vacancy or vacancies, for the balance of the term or terms of such person or persons whom he or they may succeed. Terms of office. Oath. Meetings. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That the said Act approved August the 10th, 1911, be, and the same is, hereby amended by repealing and striking

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from said Act, approved August the 10th, 1911, Section 11 thereof, which section provides for the election of municipal officers, their oaths, suspension and salary. SEC. 6. Be it further enacted by the authority aforesaid, That the following sections be, and the same are, hereby enacted and substituted in lieu of Section 11 of said Act, approved August the 10th, 1911, to-wit.: SEC. 7. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and councilmen, on the first day of January, 1915, and annually thereafter the mayor and councilmen shall elect a marshal, who shall be chief of police (with a right and power in the mayor and councilmen to elect from time to time, or for such length of time as they may think necessary, such number of other policemen as in their discretion they may deem necessary) for a term of one year. Said marshal shall take such oath, give bond in such amounts and perform such duties as the mayor and councilmen shall prescribe by ordinance; providing, that all such bonds shall be made payable to the city of Blue Ridge. Said mayor and councilmen shall have the power and authority to suspend or remove from office the said officers when in their discretion the best interests of the city of Blue Ridge may require, and it shall be the duty of the mayor and councilmen to fix the salary or compensation of said officer, including those of the agents, servants or employees of the city of Blue Ridge. The salary of the mayor of the city of Blue Ridge shall not exceed the sum of fifty dollars per year. The salary of the city clerk and treasurer shall not exceed forty dollars per month, and the salary of the councilmen shall be twenty-five dollars each annually. All claims against the city of Blue Ridge, in incident to the operation, shall be paid out of the proper city funds by order drawn by the city clerk and treasurer, countersigned by the mayor, mayor pro tem., or acting mayor. The said clerk and treasurer shall give bond in the amount of two thousand dollars, and perform such duties as the mayor and councilmen shall prescribe; such bond shall be made payable to the city of

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Blue Ridge; and make and publish, in the newspapers of Blue Ridge a semi-annual report of all receipts and expenditures under oath. Marshal and policemen. Oath and bond. Suspension or removal. Salaries. Claims against city. Bond of clerk and treasurer. Semi-annual report. SEC. 8. Be it further enacted, That the charge by the mayor and council for water for sanitary purposes shall not exceed the sum of four dollars per annum. Sanitary charge. SEC. 9. Be it further enacted by the authority aforesaid, that this Act shall go into effect December 10th, 1914; provided, that its provisions shall not become of force and effect unless ratified by a majority of votes cast by the qualified voters of the city of Blue Ridge at an election, which is hereby called to be held on the 5th day of December, 1914, for the purpose of submitting the provisions of this Act to the qualified voters of said city for their approval or rejection, which election shall be held, and the result thereof consolidated and declared in the same manner as now provided by the present charter of the city of Blue Ridge providing for the election of mayor and council of said city. At said election the voters who wish to cast ballots for the approval of this Act shall have written or printed thereon For approval of Act to amend the charter of the city of Blue Ridge, and those who wish to cast ballots against this Act shall have written or printed thereon, Against approval of Act to amend the charter of the city of Blue Ridge. At the city hall or the place of holding regular meetings of mayor and council on Monday, December 7th, 1914, at twelve o'clock, noon, the result of said election shall be declared by the managers of said election to the mayor and council of the city of Blue Ridge, and the said mayor and council shall have entered by the clerk and treasurer of said city the result of said election upon the minutes kept by the said clerk and treasurer. This Act effective if ratified by popular vote. Form of ballots. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor of the city of Blue Ridge to give notice of the holding of the election hereinbefore called by publication in two issues of the Blue Ridge Post and the Blue Ridge Summit, newspapers published

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in said city immediately preceding the day of the election, but in no event shall the neglect or failure of the mayor to make such publication prevent the holding and declaration and result of said election. Notice of election to be published. 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, 1914. BOSTON, TOWN OF, CHANGED TO CITY. No. 345. An Act to amend the charter of the town of Boston, in the county of Thomas, so as to change the name of said corporation from the Town of Boston to the City of Boston, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act of October 24th, 1870, incorporating the town of Boston, and all amendatory Acts thereof, be and the same are hereby amended and changed so as to designate said municipal corporation as the City of Boston instead of the Town of Boston. Said charter and the present status of said corporation to be in no manner affected except in the change of name as stated in this section. Designation changed to city of Boston. 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, 1914.

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BOX SPRINGS, TOWN OF, PUBLIC SCHOOLS. No. 496. An Act to establish a system of public schools in the town of Box Springs, 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, after submitting same to the voters of the town of Box Springs to be ratified by two-thirds of the qualified voters of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there may be established in the town of Box Springs, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Public school system established. SEC. 2. Be it further enacted, that George F. Lowe, W. A. McArdle, Dr. Alvah White, C. H. Herring and E. L. Kimble, be and the same are hereby appointed to serve as members of the board of education, to serve until the first meeting of the mayor and council in January, 1915, or until their successors are elected and qualified. At the first regular meeting of the mayor and councilmen, in January, 1915, or as soon thereafter as possible, and annually thereafter, the mayor and councilmen shall elect five citizens of the town of Box Springs, who are in sympathy with said public school and are also public-spirited citizens, as members of the board of education. In addition the mayor of said town shall be ex-officio a member of said board of education and chairman of same. The above five members of said board of education, who are elected by the mayor and councilmen, shall hold office for one year from the first regular meeting of the mayor and councilmen in January

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of each year, or until their successors are elected and qualified. These, with the mayor, shall constitute the board of education of the town of Box Springs, Georgia, with the right in them and their successors to take and hold in trust for the said town of Box Springs 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 further right and power, if they see fit to rent, lease, or take over for a term of years, with the privilege of removal, from any person or corporation, school buildings, equipment and furnishings and grounds for school purposes; to construct other buildings on said leased premises; to provide for remodeling, enlarging, heating, repairing, improving, furnishing and otherwise preparing and keeping such leased premises in condition to successfully carry on a modern school system. The said board of education is authorized and empowered to establish and maintain a high school on said leased premises or any other premises they may purchase, rent, or lease, 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 town of Box Springs. The qualifications for members of the board of education shall be the same as prescribed in the charter for mayor and councilmen of said town. Board of education named. Election of successors. Mayor a member ex-officio. Term of office. Rights and powers conferred. High school. Qualifications of board members. 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, which may be taken and subscribed in the presence of each other: 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 town of Box Springs to the best of my skill and knowledge, 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,

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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. Quorum. SEC. 4. Be it further enacted, That the mayor, being ex-officio chairman of said board, shall at the first meeting after the adoption of this Act and its ratification by the voters of said town, cause said board to be organized for the ensuing year by electing a chairman pro tempore, to act in the absence or disqualification of the chairman, and also by electing some competent person as secretary and treasurer of said board, each of said officers to be elected by ballot or acclamation of said board as they see proper. The former to be a member of said board, but the secretary and treasurer may or may not be, as the board sees best and proper. But the secretary and treasurer must be a 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 the said board of education shall receive no compensation for their services as such. Organization of board. Chairman and secretary and treasurer. No compensation. 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 taxpayer of the said town of Box Springs. He shall also give bond in an amount of one thousand dollars, with good security, to be adjudged of by the board, payable to the board of education of the town of Box Springs, for the faithful discharge of his duties and the safe keeping and proper disbursements of all money which may come into his care by reason of his said trust. If said bond is given in a security or bonding company then and in that event the premium for same shall be paid by said board of education out of any funds coming into its hands. The secretary and treasurer 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

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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 as hereby authorized to contract for and pay out of the public school funds. Duty of secretary and treasurer. Bond. SEC. 6. Be it further enacted, That said board of education shall elect teachers and all other officers for the public school of Box Springs, fix their compensation, 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 teachers or other officers whenever in their discretion they deem it best to do so, and shall suspend or expel any pupils from attendance, when in the opinion of a majority of the board it shall be for the best 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 regulate and make efficient said school system, fixing the length of the term and the time of opening and closing of the same, prescribe the curriculum, the text-books and books of reference to be used therein, and shall do any and all such acts not inconsistent with the laws of this State as may promote the system of education. Teachers, election and control of. Power to borrow money. SEC. 7. Be it further enacted, That said board of education shall annually make to the mayor and council of said town of Box Springs, 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 in a newspaper published in Talbot County and paid for out of the town treasury. Annual report to be published. SEC. 8. Be it further enacted, That it shall be the duty of the board of education to establish such grammar

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schools and high schools as may be necessary for the education of the children attending said schools, and the tuition, where any is to be charged, in said schools, or any school or schools established by this board, shall be prescribed by the board. The board may, in its discretion, require each pupil entering any of said schools to pay reasonable matriculation fees, to be paid upon its entrance, or in such installments as the board may direct; provided, however, that no tuition or fee is applicable to a child entering said schools solely on the common school funds. Children of non-residents may be admitted to such schools upon such terms as may be prescribed by the board. Schools. Tuition. Matriculation fees. SEC. 9. Be it further enacted, That it shall be lawful for the county school superintendent of Talbot County, or of any other counties in this State, to make a contract with the said board of education of said town to teach pupils of school age residing in their respective counties and outside the corporate limits of the town of Box Springs, 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 non-resident children as fixed by said board is higher than the public school rate, authorized to be paid by the county school superintendent, 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. Contract with county superintendent. SEC. 10. Be it enacted by the authority aforesaid, That the county superintendents of education of the several counties patronizing the school of the town of Box Springs, as provided in this Act, are authorized and directed to pay over to the secretary and treasurer of the board of education of the town of Box Springs their pro rata share of the State public school fund, as shown by the school census. School fund, payment of. SEC. 11. Be it further enacted, That the State school fund shall be supplemented by an ad valorem tax, levied

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by the mayor and council of the town of Box Springs, 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 additional support of the public schools in said town and place this estimate before the mayor and council of said town, 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 town to levy a school tax along with the other town taxes upon all taxable property within the corporate limits of the town of Box Springs, 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 town officers, along with the other ad valorem taxes of said town in the same manner as other town taxes are levied and collected; provided, however, that said mayor and council shall have no authority to levy and collect more than one per cent of the value of all taxable property within said town for school purposes. Tax to supplement State fund. SEC. 12. 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 town, but that separate schools shall be provided for separate races. Separate schools for white and colored children. SEC. 13. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the town of Box Springs, 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 Talbot County, and at two or more public places in said town, which said election shall be held under the same rules and regulations as are required for mayor and councilmen, 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 ballots, 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 town of Box Springs, who shall open said returns and declare

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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 regulations as are herein prescribed for the first election, to be held after the lapse of one year from any election when the same shall have previously been defeated, and, if at any subsequent election the same should be adopted by the two-thirds vote it shall then become effective. This Act effective if ratified by popular vote. Form of ballots. Return of election. If defeated, may be again submitted after a year. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914. BRISTOL, TOWN OF, INCORPORATED. No. 451. An Act to create a new charter for the town of Bristol, Georgia, in the county of Pierce, to reinforce said town, to prescribe and define the corporate limits thereof; to provide a municipal government for said town, and to declare the rights, powers, privileges and liabilities of said corporation; to declare and define the police powers of said town, and to provide for other matters of municipal regulation, concern and welfare, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter designated and defined, located in the county of Pierce and State of Georgia, are hereby incorporated under the name and style of the Town of Bristol, and by that name is hereby chartered and shall have perpetual succession, and said corporation is hereby vested with the rights to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and to use a common seal, to do such things as may be needful for the government, good order and welfare of said town, and to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specifically enumerated: (a) Be it further enacted, That said corporate body, under the name and style of the town of Bristol, shall have the right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain for the use and benefit of said town any property, real or personal, of whatever kind or nature within the limits or without the limits of said town, 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 the said town. (b) All rights, titles, properties, easements, hereditaments, and all and everything now belonging to or in any wise appertaining to the present corporation of the town of Bristol, shall succeed to and are hereby vested in the town of Bristol, created by this Act. (c) And the said town of Bristol created by this Act is hereby made responsible as a body corporate for all legal debts, contracts and undertakings of every kind of the town of Bristol, as heretofore incorporated. (d) And the said town of Bristol, through its council as hereinafter provided for, shall have special powers to make all contracts it may deem necessary for the welfare of said town or its citizens; to assess values of property, levy and collect taxes thereon, to remove nuisances, and shall have full control and power over streets, lanes and alleys of said town. Town of Bristol incorporated. General powers. SEC. 2. Be it further enacted, That the corporate limits

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of the town of Bristol, as enacted by this Act, shall be as follows, to-wit.: They shall extend one mile in every direction from the center of the crossing over the main line of the Atlanta, Birmingham and Atlantic Railroad Company, said crossing being where the public highway leading from Blackshear, Ga., in Pierce County, to Baxley, Ga., in Appling County, crosses the said track of said railroad company, in the town of Bristol; said town and its territory being embraced in a circle thus traced by using a mile as a radius and said point on said crossing as a center. Territorial limits. defined. SEC. 3. Be it further enacted, That the government of said town of Bristol shall be vested in a mayor and four aldermen, to be known as the Town Council, who shall hold office as herein provided. The mayor and councilmen who are now holding their respective offices under the present charter shall continue in office under the provisions of this charter until the 31st day of December next after the passage and approval of this Act. Government. Mayor and Aldermen. SEC. 4. Be it further enacted, That the term of the mayor and aldermen shall be for one year, and until their successors are elected and qualified, and that first election for mayor and alderman under this charter shall be on the second Wednesday in December, 1914, and annually thereafter on the second Wednesday in Decembr; and at the first 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 meeting of the mayor and aldermen a mayor pro tem. shall be elected from the board of aldermen. In the event a vacancy occurs in the office of mayor and aldermen by reason of resignation, removal from the town, death or otherwise, the town council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy, and as soon as practicable after said vacancy occurs, notice of which election shall be published by posting a written notice thereof for ten days at the post office, and

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one or more public places in said town; said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; except, however, that if a vacancy occurs in the office of mayor or aldermen within less than three months from the date of the next regular election, the town council shall themselves select and elect some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall become vacant from any cause, the town council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Terms of office. Election. Vacancies, how filled. SEC. 5. 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 second Wednesday in December, it shall be the duty of the town council to order an election as early as practicable thereafter by giving at least ten days' notice of the same by posting notices at the post office and at one or more public places in said town, and such election shall be held and managed, and the results declared in the same manner as at regular elections, as provided for hereinafter. Postponed election. SEC. 6. Be it further enacted, That any person shall be eligible to the office of mayor or aldermen who is a citizen of said town, and who has resided in the State for two years, and in the town twelve months, immediately preceding his election, and who is not under twenty-one years of age, and is a qualified voter in municipal elections for officers of said town, and entitled to register under the registration laws of this State. Eligibility. SEC. 7. Be it further enacted, That the mayor of said town shall be the chief executive officer. He shall see that all laws, ordinances, rules and regulations of said town are faithfully and fully executed and that all officers of said town faithfully execute the duties required of them. He shall have general supervision of the affairs of said town, shall preside at meetings of the town council, and at the

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police courts, and he shall have authority to convene the council in extra session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before the town council, except in the election of officers and in case of a tie. (a) He shall have special control of the police of the town, and shall see that the peace and good order of the town 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 town before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the town, and shall make such recommendations to the town 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 town 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 business of the town to be promptly dispatched, without favoritism to any person or interest and without politics or political influence. He shall also have power to pardon persons who are convicted of offenses against town ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the mayor's court of said town. Mayor's duties and powers. SECTION 8. 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 reasons, cannot act, then another alderman shall be selected by the board of aldermen to act temporarily. Mayor pro tem. SEC. 9. Be it further enacted, That the mayor and two councilmen shall constitute a quorum for the transaction of any business before the town council at its regular meetings, and that the mayor and three councilmen shall constitute a quorum for the transaction of any business at a call meeting, and that a majority of the votes shall determine all questions and elections before the town council. Said town council shall hold regular meetings at least once

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every month, and oftener, if they think best, at stated times and stated places in said town, said place to be selected by the 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 absence 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 special meeting be called, it shall be compulsory upon the mayor, or mayor pro tem., to comply with such request. Notice of such special meetings shall be given each of the aldermen who are in the town at the time, and at such called or special meetings the mayor and aldermen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. At any meeting, any alderman shall have the right to call for aye and nay vote upon any question requiring action by council, or upon the passage of any ordinance, order or resolution, or upon the election of any officer for said town, and have the same recorded on the minutes. All meetings of the town council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the town council resolves itself into executive session, when the public shall be excluded. Quorum. Meetings. SEC. 10. 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, who shall approve the same when so adopted, but should the mayor fail or refuse to approve such ordinance, order or resolution adopted by the board of aldermen, the same shall become effective after five days from its adoption, whether approved or not. Ordinances, when effective. SEC. 11. 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 this State, an oath to faithfully and uprightly discharge

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the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town and the common interest thereof, which oath shall be entered of record upon the minutes of the council. Oath of office. SEC. 12. Be it further enacted, That said mayor and aldermen shall have the right and power in the name and behalf of said town, to make such contracts and to do such things as may be necessary or expedient for the peace, happiness, good order, health, safety, benefit and general welfare of said town, and its inhabitants; and shall also have the right and power to exercise the full police power of the State within said town, 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 said town and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said town and its inhabitants. Contracts. General welfare. SEC. 13. Be it further enacted, That every male citizen of the town of Bristol, incorporated under this Act, twenty-one years of age, who shall have resided in the State one year next preceding an election, and six months in the county of Pierce, and three months within the corporate limits of the town of Bristol, and who is a legally registered voter under the laws of said State, and who shall have paid all taxes which may have been required of him, and which he may have had an opportunity to pay agreeably to the law, and the payment of all fines, licenses and business taxes required of him by the town, shall be a qualified voter to vote at any election held in the town of Bristol for any purpose whatsoever. Voters qualified. SEC. 14. Be it further enacted, That all elections for mayor and aldermen, and elections on any questions submitted to the voters of said town shall be held at the court house in said town. All elections shall be held by three persons, who shall be qualified to hold and superinted elections for the General Assembly of this State, and said elections shall be held in the same manner and under the same

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rules and regulations as are elections for members of the General Assembly, with the exceptions that the polls shall open at ten o'clock A. M. and shall close at four o'clock P. M. In elections for mayor and aldermen the superintendents 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. Elections, how and where held. SEC. 15. Be it further enacted, That the mayor and aldermen of said town shall elect for said town annually, and for a term of one year unless sooner discharged, a clerk, treasurer, town marshal, and as many police as they think necessary, a board of health, sanitary inspector, city physician, city attorney, tax receiver, tax collector and tax assessors, provided, that said mayor and aldermen shall not be required to elect a city physician, city attorney and tax assessors except they believe it to be to the best interest of said town, fix the salaries of all officers, require them to give bond, prescribe their oaths and their duties, and suspend or remove them from office, or impose fines upon them, at their discretion, and all officers elected or appointed by said mayor and aldermen shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the town council at any time they see fit to make such suspension, removal or dismissal, and no officer so suspended, dismissed or removed shall be entitled to any salary whatever during suspension, or after removal, no matter whether the time for which he has been appointed or elected had expired or not. The mayor and aldermen may, in their discretion, elect or appoint the same person to discharge and perform the duties of more than one office. All such officers shall be elected at the first regular meeting in January of each year, or so soon thereafter as possible. Officers to be elected by council. Bond, oaths, salaries and liabilities. SEC. 16. Be it further enacted, That the terms of office of the mayor and aldermen shall begin on the first day of January of each year, and they are hereby required to take the oath and assume the duties of office on said date, except from providential hindrance, when they shall do so at the earliest time possible. Terms of office of mayor and aldermen.

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SEC. 17. 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 session, 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 a book of ordinances and publish the same when directed to do so. He shall be ex-officio clerk of the police court of said town. It shall be the duty of the clerk to issue all special licenses, to collect therefor, and pay the same over to the treasurer; to issue all street summonses and to perform all other duties required or imposed by the mayor and town council, whether by rule, resolution or otherwise. Clerk of council, duties. SEC. 18. Be it further enacted, That there shall be a treasurer for the town of Bristol, whose duty it shall be to receive and safely keep all moneys belonging to said town; 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 money was received, and upon what account money was disbursed. It shall be the further duty of said treasurer to keep separate accounts of all money received from taxes levied for specific purposes. He shall not pay out money except by and upon the order of the person, persons, committee or board authorized by the mayor and aldermen to control and expend the various funds belonging to said town. Said treasurer shall be, and is hereby made tax receiver and collector for said town of Bristol, and it shall be his duty to receive returns of property in said town for taxes, to collect all taxes due and owing to the town, and to issue executions in the name of the town against all persons and property upon which taxes have not been paid. Before entering upon his duties he shall take an oath before some officer authorized by the law to administer oaths to faithfully and honestly discharge the duties of this office, and shall execute such bond and in such sum as may be required of him by the town council, with good and sufficient security to be approved by the mayor. He shall make general and special reports in the

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manner and at the time when called upon by the town council to do so. He shall keep his books open at all times for public inspection. Treasurer, duties of. Oath. Bond. SEC. 19. Be it further enacted, That all other officers elected or appointed by the town council shall take such oaths and give such bonds as they may be required so to do, and also to perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and to otherwise conform to all requirements made by the town council governing such office. Bond, oath and duties of other officers. SEC. 20. Be it further enacted, That the compensation or salaries of mayor and aldermen, 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 one hundred and fifty dollars a year, and that of the aldermen shall not exceed the sum of twelve dollars each for each year, but the mayor and aldermen and such other officers as they may designate shall, in addition thereto, be relieved of street tax and street duty. Salaries. SEC. 21. Be it further enacted, That the said town council shall have the right and power to raise necessary revenue to properly carry on the government of said town, to make, open, grade, repair and keep in good order the streets and bridges of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of the city officers and employees, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression, the maintainance of law and order, payments of the debts of the town for educational purposes, for the care of the poor, for establishing necessary parks and squares, 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 town and of the citizens thereof, and for the rational improvement of said town, as may

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in their best judgment be for the best interest of said town and for all other purposes, in order to properly carry on the said town government, as herein indicated and not forbidden by law, to levy and collect a street tax or capitation tax on all male inhabitants of said town, subject under the law to pay such tax; also a tax not to exceed one (1) per cent on all property within the corporate limits of said town, which is subject to State tax under the constitution and laws of this State, and also to impose and collect such tax as they, the town council, may deem necessary and proper upon all business callings, trades, professions, sales, labor and pursuits, 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 the taxation on property shall be uniform on the same class of subjects, and ad valorem on all subjects to be fixed in said town. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignee, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them which is subject to be taxed by the ordinances of said town immediately after the sale of the same, and to pay the sum in the discretion of the mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the town council, not exceeding fifty dollars, for which execution may issue and be collected. All persons subject to taxation who shall refuse or neglect to render his, her, or their property, or pay tax on the same when required by the ordinances of said town, 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 said taxes; provided, that the town council may in their discretion relieve such property of a double tax upon a good and satisfactory reason shown. Revenue, taxation for. Business license taxes. SEC. 22. Be it further enacted, That said town council shall have the power and authority to widen, extend or straighten any street, alley, lane or square in said town,

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and to open, lay out, and establish any new street, alley, lane, walk or square, and to build any bridge of whatever nature, the same being done in accordance with resolutions or ordinances passed by said town council. After ten days' written notice to the party at interest, said town council may cause all encroachments or obstructions of a permanent nature or of a temporary nature, or which in the judgment of said town council ought not to be allowed along or upon any street, alley, lane, walk or square in said town, to be removed, and whenever such encroachments are along or upon such streets, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said town council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square, and the compensation therefor cannot be agreed upon between the said town council, and the owners of said property, there shall be appointed three arbitrators, one by council, one by the owners of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner or owners of the land over which pass said streets, alleys, lanes, walks and squares, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the superior court of Pierce County by either party dissatisfied with such award. The submission shall be in writing, and the return shall be filed in the office of the clerk of the superior court of Pierce County ten days after it is made, and the appeal may be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the fact being shown to the ordinary of Pierce County, he may appoint the arbitrator for such owner, and likewise enter an appeal from the award. The award when so filed and not appealed from, shall be the judgment of the superior court of Pierce County, and execution

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may at once issue upon the same for the amount thereof, as other executions are issued. In case of an appeal as above provided for, the court shall cause the issue as to such to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the town in widening, extending, straightening, opening, laying out or establishing such street, alley, lane, walk or square as aforesaid, but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the clerk of the superior court, but before commencing such work, tender shall be made of the amount of the award. In the event the town is not dissatisfied with the award, it shall pay to the clerk of the superior court the amount so found to be paid by the arbitrators. If the town is dissatisfied, and the appeal is entered by it, it shall give bond, with security, for the payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the town should fail or refuse to pay the amount of the award and should proceed with the work, then the clerk of the superior court shall, upon the application of the owner or owners, or ordinary, where he is authorized to act, issue execution on said award, and proceedings thereon shall be the same as had in judgments and executions in the superior court of Pierce County. But the town shall have the right, after the award is filed, to abandon its purpose to widen, straighten, lay out, open or establish said street, alley, lane, walk or square, in the event the town council should consider the sum found to be due, would in their judgment make said land so sought to be condemned too expensive to said town. But in such event the town shall pay all costs of such award. Streets, alleys, lanes, squares, powers as to. Arbitration. Appeal. SEC. 23. Be it further enacted, That said town 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 town, on such terms and conditions as said town council may fix. Franchises, easements, etc.

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SEC. 24. Be it further enacted, That said town council shall have full power and authority to establish a fee bill for the officers of said town, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace, and constables of this State. Said town council shall have power and authority, in their discretion, to allow fees to the officers of said town, or to place the same in the treasury of said town and pay the officers a salary for their services. Fee bill for officers. SEC. 25. Be it further enacted, That the town council shall have the authority to employ an expert accountant on accounts, to inspect the books of any officer or employee of the town at any time they may see fit to do so, and to pay for the services of such accountant so employed such amounts as to them seem proper. Audit of books. SEC. 26. Be it further enacted, That all writs, processes, subpoenas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines and assessments and forfeitures or demands made by the town or its corporate authorities against any person, firm, company or corporation whatsoever, shall be issued and signed by the town clerk and bear test in the name of the mayor, except executions for taxes, and shall be directed to the marshal of said town, and to all and singular the sheriffs and constables of this State, and each and all of such officers are hereby authorized to serve and execute the same. Processes, how issued and directed. SEC. 27. Be it further enacted, That the town council are hereby vested with power and authority to establish fire limits in said town, and to prohibit the erection of any wooden building or structures as will, in the opinion of said town council, increase the fire risks in such part or parts of the town of Bristol as they may designate as fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of houses and material used therein and the erection of awnings and sheds, or stove pipes, chimney flues and other means of

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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 structures, erections and repairs of buildings. Said town council have power and authority to remove any forge, blacksmith shop or other structure within the town whenever in their discretion it shall be necessary for protection against fire, and shall have the power to cause any stove pipe, or other thing or matter that will endanger the town as to fire, to be removed or remedied as their prudence shall dictate, and they may summarily declare such to be dangerous without notice to any one, and to remove the same instanter, and whenever it shall appear to them that any decayed, unsound or unsafe house, building, or structure of any sort is dangerous to pedestrians or persons passing, or is endangering the health of said town, or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it, by resolution or ordinance, and may cause it to be torn down by the policeman or marshal of said town; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious diseases, they may, with the advice and help of the health officer, and the board of health, if there be such officers, and if not, then without such advice and counsel, do so instanter, and the 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, except for gross neglect and extreme want of care, coupled with malice, and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such act having been lawfully done; provided, that whenever any property shall have been destroyed under the provisions of this section, the town of Bristol, 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. Fire limits, control of structures, etc. Condemnation of unsafe houses. Infectious diseases.

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SEC. 28. Be it further enacted, That said town council shall have full power to establish such a system of quarantine and to make such sanitary regulations within the limits of said town as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said town. Sanitary regulations. and quarantine. SEC. 29. 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 any and all unoccupied, as well as occupied, lots and places within said town limits, at the expense of the owner or owners of said lots or places, who, if they shall refuse or fail, after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, shall be subject to such penalties as may be lawfully prescribed for the same, and such authorities upon the failure or refusal of such owner to do such work, may cause the same to be done and issue execution as they may by ordinance direct and prescribe against the property of such owner for the amount of such expense and cost; and the person returning such lot for taxes shall be taken and deemed 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 town for other purposes. Removal of garbage, etc. SEC. 30. Be it further enacted, That the town council shall have power and authority to elect a health officer, sanitary inspector and such other officers as they may think right and proper; and whose term of office shall be for one year, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said town. Said town council shall also have power and authority, at any regular or call meeting, to elect a board of health, to consist of three members for such terms as the town council may prescribe, and at such salary as they think right and proper. The members of said board of

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health shall be each twenty-one years of age and over, a bona fide resident of said town, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the town council. Said town council shall declare, define and regulate by ordinance the duties and powers of the board of health not inconsistent with the laws of the State of Georgia. Health officer. Board of health. SEC. 31. Be it further enacted, That the town council shall have power and authority to remove inmates or occupants of lewd or disorderly houses in the said town of Bristol, 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 or disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Lewd and disorderly houses. Bad language and disorderly conduct. SEC. 32. Be it further enacted, That said town council shall have the power and authority to compel all male persons (except such as are specially exempted under the State law) within the corporate limits of said town, between the ages of sixteen and fifty years, to work on the public streets, lanes and alleys of said town not more than fifteen days during each year, said town council shall have the power and authority to levy and collect a direct tax for each year, without giving the person subject to street duty the right to work on the streets, and to provide the time and amounts when and how paid, or they may in their discretion permit the person subject to street duty to work on the streets the number of days required of them, and may commute the service so required of them by the payment to the officer of said town authorized to receive and receipt for the same, such commutation tax as may be fixed by the town council; provided, however, that in no event, whether the town council shall declare for direct street tax, or for commutation tax in lieu of working the streets shall the amount exceed the sum of five dollars a year. Street work or tax.

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SEC. 33. Be it further enacted, That said town council shall have power and authority to license and control all billiard tables, pool tables, or other tables of like kind kept for public play, ten-pin alleys, or like alleys, within said town, and to remove the same whenever they become a nuisance, also to assess and collect a business license tax on all shows, circuses, exhibitions and performances of any and all kinds and character; also to license, regulate and control all livery stables, drays, wagons, carts and pleasure vehicles of whatever kind; also automobiles, whether kept for rent or hire within said town, and the mayor and town council shall have power and control over all wells, pumps and water works within said town. Billard and pool tables, etc. Shows. SEC. 34. Be it further enacted, That the mayor of said town shall have power and authority to hold a court at such time and place in said town as he, or the town council may appoint, for the trial of offences committed against the by-laws, rules, regulations and ordinances of said town, 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 town under the control and discretion of the proper officers, not to exceed ninety days, or by confinement in the guard house of said town, or such other place of confinement as may be designated by the mayor and aldermen of said town, 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, wth the alternative of either or both of the other punishments in the event the fines are not paid. The mayor may also require that the cost of prosecution be paid by the defendant in case of conviction. It shall be a sufficient description of the punishment to be inflicted for the violation of any ordinance of said town for the mayor and aldermen thereof to say in such ordinance that the violation of such ordinance shall be punished as prescribed in Section 34 of this Act, referring to it by number, without setting it out in full in the ordinance, if they choose. The mayor and town council shall have power to provide by ordinance for the charge and collection of all costs in case of violation of

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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 shall be ex-officio justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of said town. Said warrants may be served by the police or marshal of said town, or by any other officer authorized to make arrests and acting under said warrants, said officers may arrest either within or without the limits of said town. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of 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 Pierce County to answer to the charge in any court of competent jurisdiction; provided, that if said offense is one that is bailable by a 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 for a violation of a municipal ordinance there is reason to suspect the commission of a crime on his part, the mayor shall have authority, and it shall be his duty, to bind over or commit said accused to the proper State court for said penal offense. Police court. Punishment. Warrants and arrests. SEC. 35. 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 Pierce County, and shall be governed and controlled by the laws of this State governing all certioraries to the superior courts. Certiorari. SEC. 36. Be it further enacted, That persons convicted for the violation of any by-law, rule, regulation or ordinance of said town in the mayor's court may enter his appeal to the town council, which appeal must be entered within four days after his trial and conviction in said mayor's court, and all cost must have been paid by the person appearing or an affidavit in forma pauperis filed with such appeal, and when such case is so appealed, it shall stand for trial at the first regular meeting of the town

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council immediately thereafter, when the said town council shall sit as a court and hear and determine said case and pass such judgment as to them seems right and proper. The person entering an appeal to the town council shall give an appearance bond to abide the judgment of the town council, and in default of giving such bond, to be kept in the guard house in said town, or such other place as the mayor and town council may direct. Appeal. SEC. 37. Be it further enacted, That the mayor's court shall have power and authority to preserve order during its session 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 town council for the detention of offenders in said town or by fine not to exceed ten dollars. And it is further provided that the town council shall have the same rights to punish for contempt when in regular or called sessions as the mayor's court. Powers of mayor's court. SEC. 38. Be it further enacted, That should the mayor or any member of the town council be guilty of malpractice in office, wilful neglect of duty, gross and wilful abuse of the powers entrusted to him, or them, or for any reason become incompetent or unfit to fill such office, in the judgment of any three members of council, then in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, it shall be the duty of the three 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 Pierce 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 name, and require him to be served with a copy of the same, in person, or if personal service cannot be had, by leaving such copy at his most notorious place of abode, at least five days before the hearing, and said judge of the superior court is hereby granted power and authority to hear testimony and pass upon said rule and may in his judgment

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remove the officer therein charged, and declare the office vacant, and his judgment shall be final. Malpractice, neglect of duty, etc. SEC. 39. Be it further enacted, That all executions issued by the clerk of the council of Bristol shall be directed to the marshal of said town, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the clerk aforesaid 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 property, real or personal, as may have been levied on by him to satisfy said execution in the same manner respectively as sheriff's sales of real property or constable's sales of personal property are required by law to be made. All of said sales to be made at the place and within the usual hours of sales of sheriffs and constables, and to be made under the same regulations as govern sheriff's sales and constable's sales of similar property; that the time and place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold, 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 such sale for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and costs, and after such property shall have been cried at reasonable time, then any duly appointed or authorized agent of the town of Bristol may bid off such property for the town, and the marshal or other officer making the sale shall make the town of Bristol a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession, and the town council shall not divert or alienate the title to the town to any purchaser of the property purchased, except by public sale to the highest bidder in such manner as may be prescribed

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by the ordinances of said town. The clerk shall enter on his execution docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder; said executions shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality, or claims interposed, then all papers shall be by the clerk transmitted to the clerk of the city court, Blackshear, in all matters and things of which said court has jurisdiction. All other illegalities and claims shall be returned to the clerk of the superior court of Pierce County. In case of illegality or claims filed the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the town of Bristol shall have priority or property within the corporate limits of the town over all other executions and judgments, except those for State and county taxes. Executions, how issued and directed. Sales. Claims and illegalities. SEC. 40. 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 the charges so made when the same shall be heard, and shall be payable to the town of Bristol, 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 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 and execution against the defendant and his sureties shall be entered up, 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 judgments and executions shall be a lien on all property of principal and sureties, 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

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in this State rendered after the date of such judgment of forfeiture. Bond on arrest. Forfeiture. SEC. 41. Be it further enacted by the authority aforesaid, That all charter provisions previously granted to the town of Bristol, all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved August 14, 1914. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 405. 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. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That so much of said Act entitled An Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, approved August 27, 1872, and the several Acts amendatory thereof, as they are inconsistent or conflicting with the provisions of this Act be, and the same are hereby repealed, and the following substituted in lieu thereof: Act of 1872 amended. SEC. 2. Be it further enacted by the authority aforesaid, That the office of city tax assessor is hereby created in and for the city of Brunswick; that he shall be elected in the same manner, and upon the same general terms and conditions as the permanent officers of said city; shall

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hold office for a term of two years; that all of the rights, powers and duties (unless herein otherwise provided) of the present city tax assessors and the present board of equalizers of said city is hereby given and granted to the said city tax assessor. City tax assessor, election, term, powers. SEC. 3. Be it further enacted by the authority aforesaid, that the date of making all tax returns in said city is hereby changed so as to begin on the first day of January of each year, and all returns now required by law to be made shall be made by the first day of March of each year. All notice now required by law to be given said city of the transfer of all property, shall be given by the first day of February of each year. All personal property must be returned in person by the owner and agent, and the return of all personal property, when accepted by the city tax assessor, shall remain as the said return of such personalty from year to year unless altered or amended, but the said city tax assessor shall have the right to amend the return on such personalty between the first (1st) day of January and the twentieth (20th) day of February of each year, after notifying the owner thereof of such intention to amend (the notice herein provided shall be deemed to be complete when the same shall have been mailed to the owner or agent of said personal property). Time for tax returns. Amendment of return. SEC. 4. Be it further enacted by the authority aforesaid, That the city tax assessor shall complete the assessment of all personal and real property by the first day of February of each year, and the assessments thus made shall be open for inspection in the office of the clerk of the mayor and council from the first (1st) day of February to the twentieth (20th) day of February. Any and all complaints against said assessments, both real and personal, shall be made in writing upon blanks provided by said city for said purpose, and filed in said clerk's office not later than the said twentieth (20th) day of February. And the said city tax assessor shall hear and determine as an equalizer said objection to said assessment in the general manner now provided by the board of equalizers,

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and shall fully determine all such objections by the first (1st) day of March each year. The owner or agent dissatisfied with the finding of the city tax assessor, upon said complaint and objection, shall have the right to enter a written appeal within five (5) days from the said first (1st) day of March, to the mayor and council of said city, and the action of said mayor and council thereon shall be final. Assessment, inspection, appeal. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to alter and amend any of the assessments, real or personal, made by said city tax assessor; said amendment shall only be made between the first (1st) day of March and the tenth (10th) day of March of each year, and only after written notice of such intention to amend shall be served upon the owner or agent thereof at least three days before such amendment is to be made; and such owner or agent shall have the right to be heard before such amendment is made. Alteration of assessments. SEC. 6. Be it further enacted by the authority aforesaid, That the said city tax assessor shall, after the first day of March of each year proceed to ascertain what personal property has not been returned for taxation, and shall assess the same for taxation from the most authentic source obtainable against the owner; said assessment to be so marked as to indicate that the same was assessed in default of return; and the same shall be taxed in double the assessed value as a penalty for such non-return. Unreturned personalty. SEC. 7. Be it further enacted by the authority aforesaid, That the provisions of the preceding six sections shall become effective from the first (1st) day of January, one thousand nine hundred and fifteen (1915). Effective Jan. 1, 1915. SEC. 8. Be it further enacted by the authority aforesaid, That all of those certain deeds of conveyance heretofore made and executed by the mayor and council of the city of Brunswick to the portions of the town commons of said city therein conveyed that were made under the authority and general provisions of that certain Act of the Legislature

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of said State, approved August 19th, 1911, and entitled 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, be and the same are hereby ratified and confirmed. And be it further enacted, by the authority aforesaid, That the said mayor and council shall have the right and power to convey from time to time all of the remaining portions of the said town commons, not heretofore conveyed under the terms of said Act; said sales and conveyances to be made in the manner and form provided in said Act, and particularly Section 3 of the same, and the limitation of January 1, 1913, provided in said section for the holders of said leases to avail themselves of the right to purchase is hereby repealed, and the said mayor and council is hereby granted the power to sell and convey the same, either to the holders of said leases upon the terms and conditions set out in said Section 3, or at public outcry to the highest bidder for cash. Deeds to town commons confirmed. Conveyances of town commons. SEC. 9. Be it enacted by the authority aforesaid, That Section 3 of that certain Act of the Legislature, approved August 20, 1906, and entitled 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 27, 1872, and to amend the several Acts amendatory thereof, and for other purposes, be and the same is hereby repealed, and there shall be inserted in lieu thereof the following: That the mayor and council of the city of Brunswick shall have the power and authority by resolution to condemn any dilapidated, unsanitary and decayed building in said city as a nuisance, whenever, in their judgment, said building is dangerous to the health and proper sanitary condition of said city. If in the judgment of said mayor and council said building is reasonably incapable of repair, or is located within the fire limits of said city, then the same shall be torn down and removed by the owner thereof, but before the

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city shall be allowed to tear down or remove any unsightly or unsanitary building in the city of Brunswick, Georgia, the mayor and aldermen shall give thirty days' notice to the owner of such building. If in said judgment said building is reasonably capable of repair, then the same shall be repaired and placed in proper condition by the owner thereof. And said tearing down or removal or repair shall be done and completed by the owner thereof within thirty days from the service of a copy of said resolution upon the owner, agent or legal representative of said building. Should the owner of said building fail or refuse to comply with the terms of said resolution, then the said mayor and council shall have the right and power to have the same done, and the power to compel the owner of said building to pay for the cost of so doing by issuing execution against such owner, and the lot on which said building was located, such execution to be enforced in the same manner as tax executions are enforced by said city at the time said execution is issued. In the event the owner of said building is a non-resident of said city, then the service of said resolution shall be deemed complete when the substance of the same shall be published once a week for four weeks in the official newspaper organ of said city. It is expressly provided that the said city shall be held harmless in all damages for the exercise of the powers herein granted, unless the same was done in bad faith. Act of 1906, Section 3, repealed. Condemnation of building as nuisance. Execution for cost against owner. Notice to non-resident. SEC. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved August 12, 1914.

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BUFORD, CITY OF, CHARTER AMENDED. No. 410. An Act to amend the charter of the city of Buford, in the county of Gwinnett, as originally incorporated, found in the Acts of the General Assembly of 1896, page 135, by striking Section 15 of said Act, providing for compensation of the mayor and councilmen of said city and substituting another Section 15 therefor, which will raise the compensation of the mayor of said city from $100 per. annum to $250 per annum, and also raise the compensation of the councilmen of said city from $20 per annum to $100 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 31st day of December, 1914, the Act of the General Assembly establishing a new charter for the city of Buford, in the county of Gwinnett, approved December 23, 1896, and found in the Acts of 1896, pages 135 to 142, inclusive, be and the same is hereby amended by striking Section 15 of said Act and substituting therefor another section, to be known as Section 15, to read as follows: Section 15. Be it further enacted, That the mayor of said city shall receive a salary of two hundred and fifty dollars per annum, but shall receive no perquisites or other compensation for his services; and each councilman shall receive a salary of one hundred dollars per annum as full compensation for his services. Act of 1906 amended. Salaries of mayor and councilmen. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914.

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CADWELL, TOWN OF, INCORPORATED. No. 418 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; to provide for the manner of their election; to provide for its succession of the rights, powers and duties of the town of Cadwell, heretofore created by an Act of the General Assembly of Georgia, approved August 19th, 1912; to establish chaingangs; to establish a system of public schools for said town and to provide for the support of 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 laws; to provide for the levying of taxes and the collection thereof; to create a board of tax assessors and define their powers and duties; to provide for the right of eminent domain for said town; to provide for authority of the mayor and council to make all such rules, by-laws and ordinances as are necessary for the enforcement of the provisions of this charter, and the protection of life, health and happiness of the citizens thereof; to provide penalties for violation of any rules, by-laws or ordinances created by the authorities of said town so that said town authorities may have full and complete authority to make laws and ordinances and provide penalties therefor in the event of the failure of any persons to obey said rules, by-laws or 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

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of 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. Town of Cadwell incorporated. 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 said streets so that the corporate limits shall be a square or as near the same as practicable, said square to be described or run on said streets one thousand (1000) yards, that is to say five hundred (500) yards in each direction from the center of the intersection of Burch and Dexter Streets. Corporate limits defined. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall consist of a mayor and four councilmen who are hereby constituted a body corporate under the name and style of the town of Cadwell, and by that name 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 council. General corporate powers. 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.: mayor H. C. Burch; councilmen A. M. Johnson, L. T. Harrell, H. R. Bedingfield and E. E. Hicks, who shall hold office until the first Tuesday in January 1915, or until their successors are elected and qualified, and that on the first Tuesday in January 1915, there shall be held in the town of Cadwell an election for mayor and councilmen for said town whose term of office shall be one year until their successors are elected and qualified and there shall be held on the first Tuesday in January of each and every year thereafter an election for mayor and councilmen as aforesaid. Mayor and council named. Election of successors and term of office. SEC. 5. Be it further enacted by the authority aforesaid

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that all elections held in the town of Cadwell for the election of officers that said election shall be governed by the rules as nearly as practicable as elections for the members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at the usual place of holding the mayor's court in said town at nine o'clock a. m. and be closed at three 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 days 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 that is not entitled to vote, nor will we prevent anyone from doing so who is 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, unless before twelve o'clock of the succeeding day after the election notice of contest is given to said managers as hereinafter provided. Election, how and where held. Oath of managers. Certificate. SEC. 6. Be it further enacted by the authority aforesaid, That if any person running for office as provided in the proceeding sections shall desire to contest said election he shall file with the managers of said election by twelve o'clock noon on the day succeeding the day of the election notice of said contest, together with the grounds of said contest and all his reasons therein distinctly assigned, setting forth in detail his grounds of contest; whereupon the managers of said election shall certify the same under their hands and seals as such managers and forward the same to the ordinary of said county, who shall cause notice of said contest to be served upon the opposite party within five days after the receipt of said notice by him which notice shall be served by the sheriff of said county, and the ordinary shall hear and determine within ten days from the date he received said notice of contest said contested election,

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giving to each party ample rights and authority to summons witnesses and to be heard in support of their various contentions as in other cases at law, and should said ordinary decide in favor of the person filing the contest another election shall be held between the parties so contesting for said office and any other person may have the right to run for said office at said election provided said ordinary grants the right to said contestant; provided, however, that no person shall be permitted to file notice of contest unless at the time he offers to file same with the managers, he pays to the managers the sum of fifteen ($15.00) dollars as advance cost for the use of the ordinary in hearing and determining said contest; provided, further, that should said ordinary after hearing and determining said case find in favor of the contestant then said contestant shall have the right to have judgment for all costs against the opposite party and the ordinary shall issue judgment and execution therefor which shall be a lien as other executions issued by said ordinary for costs in cases tried before him. Contest of election. 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 duties the following oath: 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 abilities, 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 thirty days prior to said election and that he has qualified to vote for members of the General Assembly in Laurens County. Voters, how qualified. 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

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election for the registration of the qualified voters of said town, and to require 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, in Laurens County six months and in the town of Cadwell thirty days, before date of the next town election, that I am twenty-one years old, have paid all the taxes due the town of Cadwell, 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 the book kept for that purpose, his name, age and occupation and said clerk shall keep open said book until five days before said election when he shall close same and furnish to the election managers a list of the qualified voters of said town. Registration of voters. SEC. 10. Be it further enacted by the authority aforesaid, That any person voting at any election in 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. Unlawful voting. SEC. 11. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor or councilmen unless he is twenty-one years old and a qualified voter of said town. Eligibility of mayor or councilmen. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to elect a marshal, one or more, and a clerk of council and prescribe the duties of each, to fix their salaries and require of them such bonds as they may deem necessary, they shall also elect a treasurer for said town prescribe his duties, fix his salary and require of him such bond as they deem proper. Marshal and clerk of council. 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 councilmen to fill the unexpired term and said mayor and councilmen shall receive such compensation as may be fixed by the

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mayor and council which shall not be increased or decreased during their term of office. Vacancy in office 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. General welfare power. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy a tax for the purpose of paying the expenses of said town, a sum not to exceed one per cent on all property both real and personal subject to the State tax within the corporate limits of said town, and they shall have the power and authority to require all persons between the age of sixteen and fifty years who reside in said town to work on the streets and side walks of said town for a period not exceeding fifteen days in each year or in lieu thereof to pay such street tax as the mayor and council may prescribe not to exceed four ($4.00) dollars for any one year. Taxing powers. 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 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 on 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 that may exhibit in said town and to pass all ordinances necessary to carry into effect the provisions of this section. Business licenses and occupation tax. 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 that he proposes to

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carry on 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 ordinance as is necessary for the enforcement of this section. Register of businesses. 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 authority 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 the same shall be enforced as prescribed by the authorities of said town. Lien for taxes, fines, etc. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide by ordinance for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the chaingang of said town, one or more of said punishments, provided said fine shall not exceed the sum of one hundred and fifty ($150.00) dollars and such imprisonment or time of labor shall not exceed ninety days. Arrest, trial and punishment of offenders. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect a mayor pro tem., 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 said office; and they shall have the power to provide by ordinance for the collection of all taxes, monies and fines due said town, all fi fas to be issued by the clerk of council and bear test in the name of the mayor and directed to all and singular the marshal of said town or his lawful deputy and the sheriff and his lawful deputy of the county of Laurens. Mayor pro tem. Fi. fas. for taxes, etc. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem., and three councilmen shall constitute a quorum for the transaction of business

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and a majority of the votes cast shall determine questions before them, provided the mayor shall not have a vote only in case of a tie vote by council. The mayor or mayor pro tem., when performing the duties of mayor shall have veto power and may veto any resolution or ordinance passed by council in which event the same shall not become a law unless at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire council, but unless he shall file in writing with the clerk of said town his veto of any measure passed by the council with his reasons therefor, within three days after its passage the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum of council. Veto power. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor of the town of Cadwell shall be the chief executive officer of said town, he shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully and impartially executed and enforced and that all of the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said town and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever in his judgment it becomes necessary, and shall convene said council in extra session whenever requested in writing by two or more of said councilmen; he shall be ex-officio a member of the board of education and all other boards authorized by law in said town or now in existence or hereafter created, except the sinking fund. Mayor's duties and powers. SEC. 23. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any police officer of said town to arrest without warrant any person or persons within the corporate limits of said town, who at the time of said arrest or before that time has been guilty of violating any ordinance of said town, or who, he has reason to believe, or reliable information, has been

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guilty of violating an ordinance of said town and to hold such person so arrested until a speedy hearing of the matter before a proper officer can be had or in the event a speedy hearing cannot be had to detain said defendant until he can procure a warrant for his arrest and to that end may imprison said offender until said trial may be had or proper warrant issued for said offender. The marshal and police officers of said town are authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person with a violation of the criminal law of this State. The marshall and police officers of said town are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said town, provided when the arrest is not made within twenty-four hours after the offense is committed, said marshall and police officers are not authorized to arrest the defendant outside the corporate limits of said town except in obedience to written warrants signed by the mayor or mayor pro tem. The said marshal or police officers shall take bonds for the appearance of any person arrested by them for a violation of a town ordinance before the police court for trial and all such bonds may be forfeited as hereinafter provided for, forfeitures of appearance bonds by the mayor and mayor pro tem., and said marshal or police shall have authority to summons verbally any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said town or any criminal law of this State, and the mayor and council shall have authority to provide by ordinance for the punishment of any person refusing to obey such summons from the arresting officer. Arrests without warrant. Police officers' authority. Bond on arrest. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said town, which said fees and costs when collected shall be paid into the town treasury and accurate accounts kept thereof. All compensation of any official of said town shall be fixed by ordinance and paid by warrant drawn upon the treasury of said town and no officer of said town shall receive or be entitled to receive

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any other compensation than as so fixed nor any part of the fees or costs as above provided. Cost and fee bill. Compensation of officers. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor or in his absence or disqualification, the mayor pro-tem., may hold and preside over a court in said town to be called the mayor's court for the trial of all offenders against the laws and ordinances of said town to be held as often as necessary, or at such time as may be fixed by the mayor and council of said town. Said mayor's court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt or disobedience of any of its mandates, said court shall have full authority and power to punish after conviction, all violators of the charter, or any ordinance of said town by fine not to exceed one hundred and fifty ($150.00) dollars by imprisonment in the guard house of said town for a period not exceeding ninety days, or in the chaingang established by said town for a period of not more than ninety days, as the presiding officer may direct. Any one or more of these punishments may be inflicted in the discretion of the presiding officer of the court and the presiding officer of said court shall have authority to examine into the facts of any case, and should it develop from the evidence that he or she is guilty of a violation of any criminal law of this State to commit the offender to jail or bail them if the offense is bailable, to appear before the court in said county with jurisdiction to try the offenders, and in the absence of bond, where bond is required, commit the offender to the common jail of Laurens County until said case can be tried and disposed of by the court having jurisdiction thereof. Mayor's court, powers of. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem., when any person or persons are arraigned before the mayor's court for a violation of any of the town ordinances, rules or regulations, may for a sufficient cause shown by either side continue the hearing to such time as the case may be adjourned

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to and require the accused to give bond with security for his appearance at the trial or in default of said bond to be imprisoned in the guard house of said town to await the trial of said case. If said bond be given and accused fails to appear at the time fixed for the trial the bond may be forfeited by the court and an execution issued thereon after serving the defendants if they can be found, in said town, and the security on said bond with a rule nisi at least five days before the hearing of said rule nisi requiring them to show cause why said bond should not be forfeited, and in the event that the defendant cannot be served because of his absence from the town it shall be sufficient upon which to base a judgment and have execution issued thereon to serve the security on said bond as provided aforesaid. Appearance bond. Forfeitures. SEC. 27. Be it further enacted by the authority aforesaid, That any person convicted in the police court of the violation of any ordinance, rule or regulation or a failure to comply therewith shall have the right of certiorari to the superior court of Laurens County in accordance with the laws of Georgia in such cases made and provided. Certiorari. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cadwell, shall have power and authority to organize one or more chaingangs, and to confine persons therein who have been sentenced by the mayor's court to work on the streets or public works of said town and shall have power to make such rules and regulations as may be necessary and suitable for the care, safe keeping and control of such gangs and the proper enforcement of the rules governing the same. Chaingangs. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor and council shall at a regular meeting in February nineteen hundred and fifteen and at the regular meeting in each year hereafter elect a board of tax assessors for said town to be composed of three citizens qualified voters and freeholders of said town, whose duty it shall be to assess the true market value of all real estate situated in

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said town subject to taxation and to make returns to clerk of council at such times as may be fixed by ordinance by the mayor and council. Vacancies in said board shall be filled by the mayor and council as they occur. Members of said board shall receive such compensation as may be fixed by the mayor and council and be paid as ordered by the mayor and council after the work of assessment for each year has been completed. Each assessor before entering upon his duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially without fear or favor, discharge the duties of tax assessor of the town of Cadwell and assess all property in said town subject to taxation at its true market value to the best of my skill and knowledge, so help me God. Tax assessors. Oath. SEC. 30. Be it further enacted by the authority aforesaid, That persons making their tax returns shall not be required to return the value of their real estate but shall return a correct and full description of the same, which description shall be filed by the clerk of council with said board of assessors. It shall be the duty of said assessors to carefully examine the returns of all personal property located in or owned by persons residing in said town and in cases of failure to make a true and full return thereof at the market value of same to assess the true market value thereof, and should any person fail, refuse or neglect to return his or her personal property or any portion thereof subject to taxation in said town, said board shall assess the same and make return thereof as required. Any person dissatisfied with the assessment of any property under the provision of this Act shall have the right to appeal the same to the mayor and council provided said appeal be filed within twenty days after the return of said assessment and the decision of the mayor and council after hearing thereon at a time fixed by them of which notice has been given to the party complaining they shall render a final judgment as to said assessment which shall be conclusive on all parties thereto. Returns of property for taxation. Appeal from assessment. SEC. 31. Be it further enacted by the authority aforesaid,

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That the mayor and council shall have authority and power to provide by ordinance when tax returns shall be made under provisions of this charter and to provide penalties of failures to make returns as required and to provide how and where taxes due said town shall become due and in what length of time and in what period shall be paid, and to provide for the issuance of tax execution against all persons who do not pay their taxes by the time fixed by ordinance. The mayor and council may in their discretion provide for the payment of taxes in installments, and at different periods provided all taxes shall become due and payable not later than October 15th, of each year. Tax ordinances. SEC. 32. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the support and maintenance of the town of Cadwell the mayor and council of said town shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property including money, notes, bonds and other evidences of debt and every other species of property in said town owned or held therein subject to taxation. Said tax not to exceed one per cent exclusive of the taxes required and sufficient to pay the annual interest on any bonded indebtedness of said town and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which it is levied, and said mayor and council shall have complete power and authority to provide by ordinance for the returns and assessments of all taxable property in said town which may be taxed for public school purposes or bonded interest and sinking fund purposes in the same manner as provided for the assessment and collection of ad valorem tax. Ad valorem tax. Rate of tax, and purposes. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to impose a tax on dogs owned or kept within said town not to

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exceed $2.00 per annum each and shall have full power and authority to pass such ordinances as are necessary to carry into effect the provisions of this section. Dog tax. SEC. 34. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said town and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing or altering the streets and alley lines and sidewalks in said town and when said mayor and council desire to exercise the power and authority as to condemnation herein granted it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent and shall be done in the manner prescribed by the general laws of Georgia. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, fence, tree, gate, post or other obstructions or nuisances in said town and to enforce the provisions of this section by appropriate ordinance. Streets, etc. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to pave or otherwise permanently improve any or all of the streets, sidewalks or alleys of said town now or that may hereafter be opened, laid out or constructed and to lay curbing on 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 council 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 sidewalks on the side of the street on which the sidewalk is improved. Said mayor and council shall have full power and authority to assess one-third of the cost of paving or otherwise permanently improving any roadway or street proper on the real estate abutting on one side of the street improved and on one-third of the cost on the real estate

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abutting on the other side of the street so improved, so that the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, and any railroad company having a track or tracks running along or across the street of said town shall be required to pay the cost in full for paving, or otherwise improving such street between their tracks and for ten feet on each side thereof. The mayor and council 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 owner or occupant on the street or abutting the street the option to have the space to be paved or improved by them, by themselves, or by contract at his or their instance the object being to prevent delay and securing uniformity. The amount of the assessment on each piece of real estate abutting on the streets, sidewalks, or alley improved shall be lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment and the mayor and council shall have full authority by ordinance to enforce the collection of any amount so assessed for such paving or improving either upon the streets, side walks or alleys by execution to be issued by the town clerk against the real estate so assessed and against the owner thereof, which execution may be levied by and policeman of said town on such real estate and after advertising as in case of sale of realty for town taxes the same may be sold at public outcry to the highest bidder and such sale shall vest the absolute title in the purchase thereof; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, 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 Laurens County and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in

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cases of illegality filed for delay only. The lien for assessment on abutting property on streets, or railroad property, or other property for street, sidewalk or alley, pavement or other permanent improvements shall have right and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the work in each case. Paving and improving streets. Assessments. Affidavit of illegality. Lien of assessment. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and power to regulate by ordinance the speed at which automobiles, bicycles, railroad trains and other vehicles of any kind, shall be driven over or through the streets, alleys or public places in said town, and to prohibit the use of public sidewalks of said town by other than pedestrains and to punish violations of such rules or ordinances as they may pass on this subject, and said mayor and council shall also have power and authority to regulate the blowing of whistles and signals by locomotives in the corporate limits of said town and to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street within said town. Regulation of automobiles and other vehicles, railroad trains, etc. SEC. 37. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to require any railroad running through said town or any part of said town to make and repair such public crossing for pedestrains 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 and said mayor and council may pass any ordinance needful for carrying out the provisions of this section, and in case any railroad shall fail or refuse to make any repairs over said crossing after fifteen days notice in writing to be signed by the clerk of council notifying them to do said work, then should said railroad company fail to comply with said notice the said mayor and council shall have the power to have said work done and charge the actual cost of said

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improvement to said railroad company and shall have a lien on the property of the railroad company for the work done in the amount actually expended and may have execution issued therefor and levy and collect the same as in the case of tax execution. Railroad crossings. SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to grant franchises, easements and rights-of-way over or along the public streets, lanes, alleys, sidewalks, parks, and other property of said town on such terms and conditions as they may fix by ordinance; provided, that no franchisement or easement or right-of-way shall be granted without fair and adequate compensation to said town to be provided for in said franchise ordinance. Franchises and easements. SEC. 39. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to lay down, construct and repair sewers and a sewerage system in said town including the disposition of sewerage matter, and to assess the sum of not more than 50c per lineal foot for constructing such sewers upon the property and estates abutting on said sewer on each side of the street along which said sewer is laid or constructed and they shall have full power and authority for the preservation and protection of all sewers in said town to direct and control the time, manner and places where connections shall be made. Sewerage. SEC. 40. Be it further enacted by the authority aforesaid, That the mayor and city council shall have full power and authority to control by ordinance all city pipes, sewers, drains, private drains, water closets, privies and the like in said town, and to prescribe their location, structure and use and to make such rules and regulations and to pass such ordinances concerning them or their use in all particulars as they may deem best for the preservation of the health and comfort of the inhabitants of said town. The said mayor and council shall have full power and authority to condemn and compel the disuse of the same when they do

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not conform to the kind prescribed for use by the mayor and council whenever they shall become and be declared by the mayor and council a nuisance. Control of drains, etc., for sanitation. SEC. 41. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to declare what shall be deemed a nuisance, to health and morals in said town and provide for the abatement of same, the mayor's court of said town shall have concurrent jurisdiction with the mayor and council with respect to the trial and abatement of all nuisances in said town. Nuisance abatement. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall provide by ordinance for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the town ordinances and the procedure in all such trials, all executions in favor of said town for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claims demanded or debt shall be issued by the clerk and bear test in the name of the mayor and shall be directed to the marshal of said town and to all and singular the sheriffs and constables of this State, and shall state for what issued and made returnable to the mayor and council of said town. That all levies and sales thereunder arising by virtue of any process issued in favor of said town which is levied by the marshal of said town, the said sale if upon personal property shall be advertised by posting notices at three public places in said town for ten days before said sale describing the property, and under what process same is to be sold; provided, however, that in the case of personal property that is expensive to keep or liable to deteriorate in value, the levying officer may serve the defendant, if a resident of said town with written notice that within twenty-four hours he will make application to the mayor of said town to sell said property after advertising same, as above provided, for three days; provided, the said defendant fails to replevy said property before the day of sale, whenever any real estate is levied upon by virtue of any process issued by the

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authorities of said town it shall be the duty of the marshal to advertise said real estate in the official organ of Laurens County and sell the same before the court house door of said county between the legal hours of sale. Whenever at any sale of property for taxes due said town is made or any other process in which there is a lien against the property in favor of said town the mayor shall have the right to designate some officer of said town to attend the sale and bid upon said property and in the event that said property does not bring a sufficient amount to pay said indebtedness that he may if in his discretion the property is worth the amount, buy in said property for said town, and the marshal of said town shall make to the mayor and council deeds to said property; provided, however, that the owner of said property at the time of sale shall have the right to redeem said property within twelve months by paying the purchase price with the legal rate of interest thereon and an additional penalty of ten per cent. upon the principal paid for said property. The clerk of said town shall keep a book whereon he shall enter all executions issued in favor of said town and all levies and sales by virtue of said executions shall be entered on said book, and when said executions is satisfied same shall be returned to his office by the marshal and there marked satisfied on said book. Accusations, affidavits, warrants, etc. Levy and sale, notice of. Redemption of property. SEC. 43. Be it further enacted by the authority aforesaid, That any one of the officers of said town 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 and council or any official of said town for any act or acts done by them or either of them under and in accordance with the ordinances passed in persuance thereof. Defenses to suits against officers. SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and council of said town is hereby authorized to establish and maintain a public school system within its limits by local taxation; provided, however, that its power so to do shall not take effect until the same has

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been submitted to a vote of the qualified voters in said town and approved by a two-thirds vote of the persons qualified to vote at such election hereinafter prescribed. That is to say at any time which may be ordered by the mayor and council and upon twenty days notice which notice shall be given by posting in three conspicuous places in said town an election may be held under the authority of said mayor and council at the place usual for holding elections in said town to determine said question. At said election any duly registered voter who is qualified to vote for the mayor and council shall be qualified to vote on said question and those favoring the establishment and maintenance of a public school shall have written or printed on their ballots the words For Public School, and those opposed to the establishment and maintenance of public schools shall have written or printed on their ballots the words Against public schools. The returns of said election shall be made by the managers thereof to the mayor and council who shall declare the results by resolution and a record of the proceedings and of said resolution shall be entered on the minutes. Public school system, popular election for. SEC. 45. Be it further enacted by the authority aforesaid, Should said election result in the establishment of a public school the mayor and council shall have full power and authority to put the same in force and to levy such tax as may be necessary for such purpose each year not to exceed one-fourth of one per cent upon all taxable property in said town. They shall in such events have power to elect a board of education of said town and to delegate to said board of education such power for the government and control of said school as they may see fit. They shall also have power to prescribe the number of members of said board of education, their term of office, and their compensation. They shall also have power in such event to erect and equip such school house or school houses, as may be necessary in their discretion and pay for the same either by levying taxes therefor or by issuing bonds or contracting other indebtedness and to this end shall have the right to buy, lease, rent or in any way that they deem advisable provide

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for said school building and ground and when in the discretion of the mayor and council that any property that said town holds as school property, that same can be disposed of advantageously and for the best interest of the public school of said town they shall have the right to sell same upon such terms and conditions as in their judgment they deem advisable; provided, that the title to said school property in the event of the adoption of said public school system shall at all times vest in the town of Cadwell and shall at no time pass out of said town of Cadwell into the board of education. That in the event of the adoption of said public school system that said mayor and council in addition to electing a board of education for said town may prescribe their powers and duties and provide for the equipment of school building and the election of teachers and control of the schools and give to said board such other and further power for the management of said schools as in their judgment is to the best interest of said school system. SEC. 46. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cadwell shall have full power and authority to borrow money to supply casual deficiencies of revenues, in so far as the same is permissible under the constitution of this State. It shall also have power to issue bonds or contract other indebtedness for building school houses, improving streets, by pavement or otherwise, by establishing electric lighting plant, sewers, and a water works system for said town, or any other improvements for said town which they are authorized to construct but no bonds or other indebtedness created shall be in excess of the amount prescribed by the constitution and upon the terms and conditions therein stated and after fully complying with the general laws of this State thouching the issuance of bonds and the contracting of indebtedness by municipal corporations. Borrowing of money. Issue of bonds. SEC. 47. Be it further enacted by the authority aforesaid, That in the event of the adoption of the public school system as hereinbefore provided it shall be the duty of the mayor and council to prepare and furnish to the State

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school commissioner each year by the 15th day of January, a list of all the pupils in attendance on said school residing in said town and the said State school commissioner shall pay over to said mayor and council such prportion of the State school fund as said pupils are entitled to under the genera school law. State school fund. SEC. 48. Be it further enacted by the authority aforesaid, That said mayor and council shall keep a separate account of all monies raised by taxation for the support of said school and all sums received from said State school commissioner and shall not use any part of said fund except for the support and maintenance of said school and said money shall be paid out under such rules as may be prescribed by the mayor and council of said town. Separate accounts. SEC. 49. Be it further enacted by the authority aforesaid, That said town of Cadwell shall have all the powers that may be necessary for the execution of the powers herein enumerated. Powers. SEC. 50. Be it further enacted by the authority aforesaid, That all ordinances, rules and by-laws heretofore passed by the mayor and council of said town in pursuance of and under and by virtue of a charter for the town of Cadwell, approved August 19th, 1912, shall remain of full force and effect and be and are hereby made a part of this charter for the purpose of the enforcement of the laws, ordinances, rules and by-laws of said town of Cadwell, and that all contracts of indebtedness made by said town is hereby declared to be of full force and effect and of the same dignity and legal effect under this charter as under the charter approved August 19th, 1912, and that all liens for indebtedness of every kind and charter held by said town against any person or property shall be and remain of full force and effect and with the same legal liability as provided under the charter approved August 19th, 1912, and all ordinances, rules and by-laws made and of force under the same. Existing ordinances of force.

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SEC. 51. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 12, 1914. CARROLLTON, CITY OF, NEW CHARTER. No. 395. An Act to amend, consolidate and supersede the several Acts incorporating the city of Carrollton in the county of Carroll and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation; to declare the rights and powers of same and more fully define the powers and liabilities of said city; to extend the jurisdictional limits of said city for certain purposes; to divide said city into four wards; to provide for a mayor and council of said city, and declare the manner and form in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifitions of voters in said city; provide a method of registration thereof; and to provide the manner in which all municipal elections shall be held and the results determined; to create a board of education for said city in lieu of the board of school commissioners; to define their qualifications, rights, powers and duties, to create a board of visitors for the public schools of said city and define their powers and duties; to create a board of tax assessors for said city and to define their qualifications, methods of appointment, rights, powers and

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duties; to create a board of health of said city and define its duties and powers; to provide for the working, maintainance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the mayor and council to operate control and extend the waterworks and sewerage system and the electric lighting system of said city in lieu of the water and light commission, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers and jurisdiction of the same; to authorize the creation of the office of city recorder for said court and method of abolishing same; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city for general purposes, for supporting and maintaining the public schools of said city; for paying the interest and principal on the debts of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades, professions and avocations, and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, improving or extending the waterworks and sewerage system of said city, and for building or acquiring an electric lighting system for said city, for street improvement, and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers and regulations of said city, to provide for an election to be held in said city to determine whether this new charter

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shall become operative; to provide for all other matters necessary for the general welfare 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 aforesaid, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the city of Carrollton, located in the county of Carroll, State of Georgia, be, and are, hereby incorporated under the name and style of the city of Carrollton, and the said city of Carrollton is hereby chartered and made a city under the corporate name of the city of Carrollton and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporation of this State, or cities thereof, and all rights, powers titles property, easements, and heriditaments within, or without its corporate limits, now belonging to said city of Carrollton, shall be, and are hereby vested in said city of Carrollton as created by this Act; and the said city of Carrollton as created by this Act may, in its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, by-laws, rules and regulations, and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the constitution and laws of the State of Georgia and of the United States. And the said city of Carrollton shall have the right and power to purchase, rent, lease, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements and heriditaments, and of whatsoever kinds, and within or without the limits of said city for corporate purposes; and said city of Carrollton created by this Act shall succeed to all the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said city of Carrollton,

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and its mayor and city council of Carrollton as a body corporate as hereinbefore incorporated. City of Carrollton incorporated. General powers. (1) The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all the lands which are now owned or controlled and all lands which may be hereafter owned or controlled by said city for waterworks, electric lights, sewerage, drainage or cemetery purposes, outside the territory indicated in the first section hereof; and over all mains, pipes, wires, poles, machinery, apparatus and fixtures, which are now or may be hereafter owned, controlled or used by said city for either of said purposes, outside of the territory indicated in said first section. The governing body and the officers of said city shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect the land, premises and other property referred to in this section, and all rights and interest of said city therein as fully and completely as if the same were located within the limits of said city proper, as indicated in said first section. Jurisdiction beyond territorial limits. (2) 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 in force, save such of each as are in conflict with the provisions of this Act. Such ordinances, regulations and resolutions may be hereafter amended, or repealed by the mayor and council of said city. Existing laws of force. SEC. 2. The corporate limits of said city shall remain as now fixed by law, to-wit: One mile in every direction from the center of the public square in said city of Carrollton. Corporate limits. SEC. 3. The said city of Carrollton shall be divided into four (4) wards, as follows: First ward shall embrace the territory lying between Rome and Newnan Streets; second ward between Newnan Street and a line running

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from the center of the square along the middle of Depot, South and Longview Streets to the corporate limits; third ward, between the aforesaid line running along the middle of Depot, South and Longview Streets and Alabama Street; fourth ward, between Alabama and Rome Streets. A line running from the center of the square through the middle of each of the streets named, and the city limits, shall form the boundary lines of the several wards. There shall be a separate voting place in each of said wards; the voting place of the first ward shall be at the city hall, that of the second ward shall be at the county court house; and the voting places of each of the third and fourth wards shall be designated by ordinance by the mayor and council. Every qualified voter may vote only at the voting place in his ward at any election whether general, special or primary election. Wards. Voting places. SEC. 4. The municipal government of the city of Carrollton and its corporate powers, shall be vested in and exercised by a mayor and board of councilmen and aldermen, consisting of one councilman from each ward as defined in preceding section or as may hereafter be constituted, and two aldermen be elected from the city at large, said mayor, councilmen and aldermen, as a body, shall be known as the mayor and council, and they shall be elected for and serve a term of two years each, or until their successors are elected and qualified, except as hereinafter provided for the first election. Mayor, aldermen and councilmen to be elected. Term of office. (1) The present mayor and councilmen of said city shall continue in office until the first Monday in February, 1915, or until their successors are elected and qualified and shall exercise all the powers and authorities conferred upon the mayor and council of said city of Carrollton by this Act; and all officers elected or appointed by the mayor and councilmen of the old corporation of said city shall continue to hold their offices and discharge the duties thereof until their successors are elected and qualified, unless sooner suspended, removed or discharged by the mayor and council of said city. Holding officers.

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(2) The first general election under this Act shall be held on the third Saturday in January, 1915, when the mayor, four (4) councilmen, and two (2) aldermen, and the six (6) members of the board of education provided for in Section 27 of this Act shall be elected by a popular vote of the people and by ballot. Election of successors. (3) The mayor and alderman receiving the largest vote and two councilmen, one each from the first and second wards shall be elected for the full term of two years, or until their successors are elected and qualified, and biennially thereafter on the third Saturday in January. The other aldermen and two councilmen, one each from the third and fourth wards, shall be elected for a term of one year to expire on the first Monday in February, 1916, or until their successors are elected and qualified, and biennially thereafter on the third Saturday in January. Elections biennial. (4) The member of the board of education from the city at large receiving the largest vote, and the member of said board from the first ward shall be elected for a term of three years, or until their successors are elected and qualified, and triennially thereafter on the third Saturday in January. The other member of the board of education from the city at large, and one member of said board from the second ward shall be elected for a term of two years, or until their successors are elected and qualified, who shall be elected on the third Saturday in January, 1917, and triennially thereafter. One member from each of the third and fourth wards shall be elected for a term of one year, or until their successors are elected and qualified, who shall be elected on the third Saturday in January, 1916, and triennially thereafter. Members of board of education elected for what terms. (5) Should the two aldermen receive the same number of votes at said election, at the first meeting of said city council and before organization, said aldermen shall draw to determine which shall fill the short term, and which shall fill the full term of two years. Annually after said first election there shall be elected in the manner herein described on the third Saturday in January, of each year, a

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mayor, one alderman and two councilmen of said city, all for a term of two years, 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, one alderman and two councilmen shall be elected; provided, that after the first election both aldermen shall not be residents of the same ward. Tie votes. (6) Should the two members of the board of education from the city at large tie at said election, then at the first meeting of said board of education, and before organizing, said board of education shall determine by majority vote which shall serve three, and which shall serve two years. Annually after said first election there shall be elected in the manner herein prescribed, on the third Saturday in January, of each year, two members of said board of education, for a term of three years, or until their successors are elected and qualified; provided, that after the first election not more than two members shall be elected from the same ward. (7) The mayor and aldermen and aldermen and two members of the board of education from the city at large shall be elected by the entire vote of the city. Each councilman and four members of the board of education shall be elected by the qualified voters only of the ward in which such councilman or such member shall reside. The terms of each of the aforesaid officers shall begin on the first Monday in Febuary, 1915, when they shall qualify as provided by this Act. Votes of city as a whole, and by wards. Terms of office. (8) In case there is a vacancy in any of the offices mentioned herein, by death, resignation, failure to elect, removal from office, removal from the city, or otherwise, a special election shall be ordered by the mayor and council of Carrollton, within ten (10) days, giving thirty (30) days notice by publication, to fill such vacancy; provided, that if such vacancy shall occur within three months of the next regular election, said mayor and council of Carrollton may, in their discretion, decline to order such election until the next regular election. Vacancies to be filled.

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SEC. 5. The mayor and council shall provide for the registration of voters in said city; the city clerk shall be registrar, and he shall open the registration books on the 1st day of March in each year and keep the same open until 6 o'clock p. m. on the second Saturday in November. This list shall constitute the qualified voters for general elections and all primary elections called by any political party, or class of persons, or organizations for the purpose of nominating candidates in such general elections; provided that for all elections to be held hereunder for the nomination of election of all officers provided for by this Act, the present city clerk shall open said registration book on the 2d Monday in October, 1914. For all special elections upon the issuance of bonds, and for the purposes of filling vacancies occurring within three months after a general election, the registration books shall be opened twenty (20) days and close five days before the date called for such election, and the newly registered voters together with the last and annual list shall compose the list of qualified voters who shall be entitled to vote in such special election except that any one moving out of the city shall loose his voting privilege. Registration of voters. (1) Those entitled to register shall all be male persons entitled to register to vote for representative in the General Assembly of Georgia, and who have lived in the State one year, and in the county and city for six months next preceding the election, and have paid all taxes, licenses, fines and assessments legally due to the city of Carrollton on or before September 30th, of the year of registration. (2) The mayor and council shall provide the registration books and the form of registration therein, and 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 by the mayor and council who, to that end shall have authority to pass such rules and regulations as they may think proper, shall constitute the qualified voters of the city of Carrollton. It shall be the duty of the said clerk to prepare

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two (2) lists of the names of voters registered in alphabetical order, and after the same have been checked over, purged and approved by the mayor and council, for each of the four voting places in said city, and the said clerk shall furnish the same under his official seal and signature with the approval of the mayor thereon, before the polls are opened, and the managers shall permit no one whose name is not on said list to vote. (3) All primary elections shall be held in said city by all political parties, organizations and classes of persons, for the purpose of choosing or selecting candidates for offices on the first Saturday in January prior to the election at which such nominees shall be voted for in the general election; and no person shall be permitted to vote in any primary election in any ward other than the one in which he resides, and the managers of any such primary election shall not receive the ballot of any voter until they have first ascertained that the name of such voter does appear upon the registration lists as provided for herein, and the mayor and council are authorized to prescribe such additional rules and regulations governing such primary elections as they may deem proper; provided, however, that any political party, organization, class of persons, or association holding such primary elections may make and enforce such rules, regulations and restrictions therein which are not in conflict with the provisions of this Act, and the ordinances of the mayor and council. No person shall be entitled to become a candidate in the regular general election in said city for mayor or councilman or alderman, or member of the board of education who has not been nominated by a political party, or class of persons of the description aforesaid at a primary election held under the terms of this Act, unless any person desiring to enter in said regular election as an independent candidate shall within five days before said general election in said city file with the city clerk, a petition endorsing his candidacy signed by not less than one-third of the persons registered and qualified to vote in the next succeeding general election. No votes shall be counted for any person who has not been so nominated by

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his said party or class of persons, or for any independent candidate who has not filed the petition aforesaid. Primary elections. (4) Any person voting at any of the aforesaid elections, who is not qualified to vote, shall be guilty of a misdemeanor, and upon conviction thereof before the superior court of Carroll County, or the city court of Carrollton shall be punished as for a misdemeanor as provided by the law of Georgia. Illegal voting. SEC. 6. All elections, including primary elections, under the provisions of this charter shall be superintended and managed by three qualified voters of said city, appointed by the mayor and council, or by the chief of police upon their failure to do so, for each of the four wards provided for in Section 3, of this Act; provided, that such election managers shall be qualified voters residing in such wards in which they shall act as managers, and each of said managers before entering upon his duties, shall take an oath before some judicial officers duly qualified to administer oaths that he will faithfully and impartially conduct said election and prevent all illegal voting. Said managers shall cause two lists of voters and two tally sheets of each election to be kept at each of the designated voting places. The polls at every election shall be opened at each of the voting places in said wards at 9 o'clock a. m. and closed at 5 o'clock p. m. The persons running for mayor and aldermen and for members of the board of education from the city at large, receiving at such election the highest number of combined votes from the four wards, and the person in each ward receiving the highest number of votes in his respective ward, for the office of councilman from such ward and for the office of member of the board of education from such ward, shall be declared elected, or nominated as the case may be. Managers of elections. Oath. Polls. (1) After the votes at each of such elections cast at the several voting places, shall have been counted by the managers of each ward, they shall certify two lists of voters and two tally sheets and four of said managers, one

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from each of said wards, shall meet at the city hall, consolidate the vote, and shall place one of said tally sheets with the ballots in the ballot box, and shall seal said box and deposit same with the chief of police. The other tally sheets and the lists of voters shall be filed with the city treasurer. On Monday following the election said four managers 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 shall convene on said day in special session and shall declare the result of such election, and such declaration shall be entered of record by the city clerk on the minutes of said meeting. The said chief of police, after the expiration of sixty (60) days shall destroy the said ballot boxes without examining said ballots or allowing the same to be done; provided, no notice of a contest shall have been filed, and provided, that such notice shall be filed with the city clerk within three days after the result of such election is declared. Lists of voters and tally sheets. (2) Should any contest arise over any of said elections for Mayor, aldermen, councilmen or members of the board of education, the same shall be determined and disposed of as provided by Section 125, of Volume 1, of the Civil Code of 1910, and the other general laws of the State governing the question of contests arising over election for municipal officers. Contest of election. SEC. 7. No person shall be eligible to the office of mayor or councilman, or alderman, or a member of the board of education provided for in Section 27, of this Act, who shall not have resided in said city two years immediately preceding his election, and who is not a qualified voter in municipal elections for officers of said city, and entitled to register under the registration laws of force in this State, and who is not over twenty-one years of age; and provided, that no person shall be eligible to the office of councilman, or member of the board of education from any ward who shall not have resided in such ward six months immediately

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preceding his election; provided, that no person shall hold more than one of said offices at the same time. Eligibility to office. SEC. 8. On the first Monday in February after the election, or as soon thereafter as practicable, the persons elected for mayor, councilmen and aldermen, shall appear at the city hall and take and subscribe to the following oath before any judicial officer of the State, which shall be spread upon the minutes of the mayor and council: I..... A. B...... do solemnly swear that I will well and truly perform the duties of mayor (or councilman, or alderman, as the case may be) of the city of Carrollton, to the best of my skill and ability, without favor or affection, so help me God, and shall forthwith enter upon the duties of his office. Oath of office. (1) The power of legislation and the appointment of all subordinate officers of said city, (except members of the board of education) shall be vested in the mayor and council. They shall hold regular meetings at the city hall at such times as may be determined upon by them. Four shall constitute a quorum for the transaction of business; provided, the mayor, mayor pro tem. or presiding officer shall constitute one of that number, but a less number may adjourn from time to time and compel the attendance of absentees. Legislation. Meetings. Quorum. (2) The mayor shall be the chief executive of the city of Carrollton; he shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced, and that the officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at all meetings of the mayor and council of Carrollton; he shall have the right to vote in elections for such officers of the city as shall be elected by the mayor and council, but he shall not have the right to vote on any other motion before said body, except in case of a tie. He shall have the right to veto all ordinances, orders and resolutions passed by the mayor and council within three days after the passage of

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same, which shall be in writing and filed with the city clerk, but notwithstanding the veto, such ordinance, order or resolution may be passed by a vote of two-thirds majority, to be taken by ayes and nays and entered upon the minutes; provided, such vote shall not be taken until after four days after the filing with the city clerk of such dissent. Mayor's duties and powers. Veto. (3) The mayor, clerk, treasurer, councilmen and aldermen shall have an adequate salary to be fixed by annual ordinances; provided, that the salary of the councilmen and aldermen shall not exceed one hundred dollars per year, to be fixed ordinance. Salaries. SEC. 9. The mayor and council shall elect annually on the first Monday in February, or as soon thereafter as practicable, a city clerk, and a city treasurer who shall discharge all the duties imposed by this charter, the laws and ordinances of this city, and such other duties as may be required of them by the mayor and council; and they shall give bond in an approved surety company in such sum as may be fixed by the mayor and council, conditioned for the faithful performance of their duties as city clerk and city treasurer of Carrollton. Clerk and treasurer. Duties. Bond. (1) The mayor and council shall at the same time elect a competent and reputable attorney, who shall be the attorney for the said city, and his duties and compensation shall be prescribed by ordinance by the mayor and council. Attorney for city. (2) The said mayor and council shall employ an auditor whose duty shall be to thoroughly examine and audit the books of account of all city officers in every department of said city, at least once annually, and make reports of same to said mayor and council, said report to be kept on file and open to the public. The financial reports of the officers of said city shall be published quarterly. Auditor. (3) The mayor and council shall have power and authority to elect or appoint such officers and agents as may be deemed necessary or proper, except as hereinafter provided, shall have power to regulate the time, mode and manner

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of electing or appointing such officers or agents, to fix the fees and salaries; to take their bonds; to prescribe their duties and oaths, and they shall fix a definite term of office for each officer, agent or position. The said mayor and council may suspend any officer or agent elected or appointed by them, at their discretion, without cause, except they shall not remove or discharge the city clerk, city treasurer, city attorney, marshal or chief of police, chief of fire department, superintendent and engineer of the waterworks or the tax assessors without the filing of definite charges, and a hearing being given the accused upon his demand; and the accused shall have the right to be represented by counsel. Officers and agents, powers as to. (4) It shall be the duty of the marshal who shall be the chief of police of said city to levy all executions in favor of the city; and after advertising the same for thirty (30) days he shall sell the property levied on before the courthouse door of Carroll County or a regular sheriff's sale day, and between the legal hours of a sheriff's sale. If the property be divisible he shall offer it in parcels and shall sell at public outcry to the highest bidder, and he shall execute titles to the purchaser, and have the same power to place the purchaser in possession, as sheriffs of this State have. Marshal the chief of police. His duties. (5) The city treasurer shall be the custodian of the funds of the city, and shall be the keeper of such of the records thereof as the mayor and council may prescribe. It shall be the duty of the city clerk to be the clerk of the police court; he shall issue all processes and discharge all duties that shall be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and council. For any wilfull neglect of duty or any abuse of the powers conferred on them not amounting to a felony, the said city clerk and city treasurer shall be subject to be indicted before the superior court of Carroll County, and on conviction shall be fined in any sum not exceeding $500.00, and may also be removed from office in the discretion of the court. Pending any criminal charge against them, the said city clerk and city treasurer may, in the discretion of the

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mayor and council be suspended from office and in the case of suspension the mayor and council shall have power to appoint some proper person to discharge the duties of the office. Treasurer's duties and liabilities. SEC. 10. For the purpose of raising revenue for the support and maintainance of the government of said city of Carrollton the mayor and council of said city shall have full power and authority for the assessment levy and collection of an ad valorem tax on all real and personal property, and every other species of property in said city owned or held therein, of not exceeding one-half of one per centum, exclusive of the taxes for public schools as herein provided. For the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may be hereafter issued by said city authorities, and for the payment of the annual interest on said bonds, an additional ad valorem tax shall be levied and collected. Taxing powers. SEC. 11. The mayor and council shall at their first meeting after their election and qualification, and biennially thereafter, elect five tax assessors, who shall be twenty-one years of age, and bona fide residents and freeholders of said city. One shall be elected from each of the four wards of the city and one from the city at large; and they shall serve until their successors are elected and qualified. The mayor and council shall have power to fill any vacancies in the number arising from any cause. Assessors for taxation. (1) The said tax assessors shall, at such times as they may be directed by the mayor and council inspect and assess a valuation upon all real estate in said city liable to taxation; assess such property at such value as in their judgment, represents its true market value at the time the assessment is made; and before entering upon the discharge of their duties shall be sworn before the mayor or some member of the council, who are hereby authorized to administer the oath, that they will, each and severally, faithfully perform their duty as such assessors. Assessors' duties.

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(2) The tax assessors shall, in books provided by the mayor and council, make lists of the taxable real property in said city with their valuations thereon, which books they shall return to the city clerk. He shall properly supply and prorate the taxable rate thereon as now or may hereafter be provided in the ordinances of said city and the mayor and council after revision and careful readjustment, whereever necessary shall declare the books closed; provided, that should any owner be dissatisfied with the valuation put upon his property by the said tax assessors or the mayor and council, he may complain to the city clerk, whereupon the question shall be submitted to arbitration, as follows. The property owner shall select one arbitrator, and the city clerk one and they two a third, all of whom shall be bona fide residents of said city; and they, the three arbitrators shall inspect the property in question, acquire such evidence as they consider necessary, and assess the proper valuation upon the property in their best judgment. The decision of the arbitrators, none of whom shall be in any way connected with the city government, shall be final. Arbitration of assessment. (3) The tax assessors shall diligently investigate and inquire into the property owned in the city for the purpose of ascertaining what property, real and personal is subject to taxation in the city, and to require its proper return for taxation. When the individual returns of personal property shall have been made in such manner as the mayor and council shall prescribe by ordinance, and not later than June 1st, of each year, the receiver of such returns shall turn them over to the said assessors, who are authorized to receive the same, to fairly value such personal property, and cause the owners to make returns of such personal property as may be omitted, and value the same under such rules as the mayor and council may prescribe by ordinance, which shall be complete not later than July 1st. Any one dissatisfied may arbitrate the same as in case of real estate as herein provided. Assessors' duties. (4) The said assessors shall have authority to require the city clerk to issue subpoenas for the attendance of witnesses

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and to require the production by any person of all his books, papers and documents which may throw any light upon the existance or liability of property of any class for taxation. If any witness so subpoenaed, shall fail or refuse to answer questions propounded or shall fail or refuse to produce such books, papers or documents, such person shall be cited by said assessors to appear before the police court, who shall hear in a summary way, the reasons or excuses of such person for such failure or refusal, and the said court shall have authority to impose such punishment as for a contempt, as may seem proper, not to exceed a fine of $100.00 or imprisonment not to exceed ten days, or both in the discretion of the court. Powers of assessors. SEC. 12. The mayor and council shall annually at the first meeting after their induction into office, or as soon thereafter as is practicable, appoint five fit and proper persons, one of whom shall be a physician in regular practice, who shall constitute the board of health of said city. It shall be the duty of the board of health, three of whom shall constitute a quorum to meet monthly, and as often as may be necessary; to visit every part of the city, and to report to the mayor and council, at least monthly. The members of the board shall be elected, one from each ward and one from the city at large; each ward member being charged with the health and sanitary conditions of his individual ward particularly. The mayor and council shall take definite action upon each report of the board and its recommendations upon the health and sanitary conditions of the city at the first meeting of the mayor and council after the receipt of such report and recommendation. The mayor and council shall have power to abate any nuisance, establish quarantines, make use of any preventative or corrective methods in fighting disease recommended by the board in a summary manner at the expense of the party or parties whose act or negligence caused such condition, or of the owner of the premises involved, or both as the mayor and council shall elect. For the amount so expended the clerk shall forthwith, issue an execution against the owner of the property on which the condition exists, or against the

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party whose act or negligence caused said condition, or against both in the discretion of the mayor and council. All vacancies in the board shall be filled by the mayor and council at the next meeting after its occurance. Board of health. SEC. 13. The mayor and council shall have power and authority to establish such quarantine regulations against persons who have been exposed to contagious or infectious diseases as it may deem proper, upon recommendation of the board of health; and to establish a hospital in said city for infectious and contagious diseases. They shall cause to be removed to said hospital all persons ordered to, if by the board of health; and all others, except such persons as shall at their own expense provide suitable and sufficient guards, as prescribed by the board of health, to successfully quarantine the premises where said cases of contagious and infectious diseases exist. Quarantine, contagious diseases, etc. SEC. 14. The mayor and council of Carrollton shall have power to either lay off, vacate, close, alter, pave, curb and keep in good order, and repair roads, streets alleys, sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens thereof; to improve and light the same, and have them kept free from obstruction, on or above them; to regulate the width of sidewalks on streets; to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and put in good order, free and clear, by the owners and occupants thereof, or of the real property adjacent thereto; to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, mules, sheep, dogs and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the places where held; to abate or cause to be abated, anything which in the opinion of the majority of the whole council of said city, shall be a nuisance; to regulate the keeping of gunpowder and other explosives and combustibles; to provide in or near the city places for the burial of the dead;

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and to regulate the interments therein; to provide for the drainage of lots by proper ditches and drains, to make regulations for guarding against danger or damage by fire; to provide a place for the disposal of carcasses of animals and fowls either in or outside of the city limits, and to pass ordinances governing the same; to protect the persons and property of the citizens, to preserve peace and good order therein, and for that purpose when necessary, to appoint a police force to assist the chief of police in the discharge of his duties; to prescribe powers and define the duties of the officers appointed by them; to fix their term of service and compensation; to require and take from them bonds when deemed necessary, payable to the mayor and council; to erect, authorize or prohibit the erection of gas works or electric light works in said city; to prevent injury to or pollution of the water or healthfulness of said city; to regulate and provide for the proper weighing of all articles sold or for sale in said city; to provide a revenue for the city and appropriate the same to its expenses; to organize a chaingang or workgang to work upon the public works, streets and for sanitary purposes. They shall have power to drain and keep clear of all obstructions the Tallapoosa River and its tributaries within the city and for a distance of one mile from the corporate limits in any direction and to this end may pass necessary rules, regulations and ordinances; and to adopt rules and regulations for the government of its own body. Streets and sidewalks, powers touching. Markets. Animals running at large. Places of worship. Nuisance abatement. Explosives. Burials. Drainage. Fire. Carcasses. Police protection. Police officers. Gas and electric works. Weighing. Revenue. Chaingang. Tallapoosa River. SEC. 15. There shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as the mayor and council may prescribe, and such rules and regulations as already exist shall remain in force until repealed or modified by the mayor and council. In addition to a chief and an assistant chief, the fire department shall consist of such men who shall receive such salaries and be employed for such times as may be provided by ordinance. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, shall make such expenditures therefor as may be previously authorized by the mayor and

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council, and shall make such reports to said body of the condition of the department as may be required. Fire department. SEC. 16. There shall be a police court conducted in such a manner and at such times as the mayor and council shall prescribe by ordinance, and in which court the mayor shall be the presiding officer. In case of the absence or disability of the mayor, or in the case of vacancy in the office of mayor, the mayor pro tem., or in his absence or disability, any member of the council designated by the council shall preside; provided, that should the mayor and council provide for a recorder as prescribed in Section 28, of this Act, such recorder shall exercise all powers conferred by this section on the mayor. Police court. (1) Said court shall have jurisdiction to try all offenders against the laws and ordinances of the city, committed within the corporate limits, and to punish for the violation of such laws and ordinances, by inflicting such punishment as is prescribed by ordinance under the authority hereafter provided. 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 offence 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, information and belief of the person making said charges. Jurisdiction. (2) The mayor, or other presiding officer of said court shall have the power to impose, imprison, fine and inflict punishment for the violation of valid laws and ordinances of the city of Carrollton, within the limits prescribed by law, and said mayor, or other presiding officer, shall also have the same power as judges of the superior courts of this State to punish for contempt by a fine not to exceed twenty-five ($25.00) dollars, and imprisonment in the city prison, or Carroll County jail, not to exceed ten (10) days, either or both of said punishments in the discretion of the court. Said mayor, or presiding officer of said court, shall

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be to all intents and purposes a justice of the peace, insofar as to enable him to issue warrants for offences committed within the city of Carrollton against the penal laws of this State, this either before or after a hearing or trial of the charge in the said police court; provided, the affidavit required by the law to obtain warrants is first made before said mayor or other presiding officer, and such warrants 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 Carroll County, offenders against the laws of Georgia, and to admit them to bail in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for the county of Carroll, 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. Powers of the court. (3) There shall be kept in said 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 offence against the municipal ordinances or State penal laws, and of each person summoned before said court by a subpoena or other writ issued therefrom 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 clear and brief statement of the offences with which they are charged. 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 together with the commitment in writing, signed by the mayor or other presiding officer, shall constitute the judgment of the police court in such respective cases. Dockets. (4) Said court shall have power to compel the attendance of witnesses residing in the city of Carrollton or the county of Carroll, in all proceedings, or persons charged

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with a violation of any of the city ordinances, by subpoena or summons, which subpoena or summons shall be issued by the city clerk and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for the trial or hearing. The mayor, or other presiding officer of the court shall have the power to punish any person disobeying such subpoena or summons, as for contempt of court within the limits of punishments herein prescribed. Such subpoena or summons 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 in writing or warrant signed by the mayor or other officer presiding in said court, which said attachment or warrant shall be executed by any member of the police force anywhere in Carroll County; provided, that no subpoena shall be issued for a witness residing outside the city limits without the approval of the mayor or presiding officer of said court. Witnesses. Summons, service of. (5) The ministerial officers of said court shall be the marshal who shall be chief of police, 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. Officers of court. (6) The right of the certiorari from the decision and judgment of the said police court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia, in such cases made and provided. Certiorari. (7) 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 Carrollton, in the event the party does not appear at the time appointed, for whose appearance said sum of money was deposited as a bond. Money deposit. Forfeiture.

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(8) When any bond is given by any person charged with offense against the ordinances, or arrested for such offences, for his or her appearance at any session of police court and such person so giving bond, shall fail to appear at the time appointed in said bond, for his or her appearance, then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her surety, 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 county or state, then by one newspaper publication of said scire facias two days before the return term 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 city clerk shall issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed by execution issued by the city for taxes, and which execution shall be placed in the hands of the city marshal, who shall proceed to collect the same as tax executions are collected by the city. Bond for appearance. Scire facias to forfeit. (9) Persons sentenced to labor by said police court shall be turned over to the superintendent of streets, or other officer in charge of the streets and public works, to be put to work on said streets or public works in or around said city. Punishment by labor on streets, etc. (10) The mayor and council shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said court, such as are incident and lawfully chargeable to the prosecution of such cases. Costs. (11) Upon the failure or refusal of any person to pay any fine or cost imposed by said police court, the same may be enforced and collected by an execution issued and directed

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as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be in the same manner. Executions. (12) 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 such offender, which warrant shall be directed to the chief of police or any member of the police force of said city, and signed by said mayor or mayor pro tem. Warrant for arrest. (13) The police force of the city shall consist of a marshal who shall be chief of police, and such other officers and men as the mayor and council shall prescribe. They shall take an oath faithfully and impartially to discharge the duties imposed upon them by the laws and ordinances, and shall give such bond as shall be required of them by city ordinance. Police force. (14) It shall be lawful for the chief of police, marshal or any other policemen of said city, to arrest, with or without a warrant, subject to the general laws of the State, any person or persons within the corporate limits of said city who, at the time of said arrest, or before that time have been guilty of violating any ordinances of said city, and to hold such person until a warrant is issued and until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, until accusation against such party or parties shall be passed upon by the police court. Said officers are authorized to the same extent as the officers of this State to execute warrants placed in their hands charging any person or persons with violating any criminal laws of this State, and that are now given to sheriffs of this State with reference to the pursuit, arrest and detention of persons charged with crime. The said officers are also authorized to arrest

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anywhere within the limits of the county of Carroll any person charged with violating any of the ordinances of said city; provided, that when the arrest is not made within twenty-four hours after the offense is committed, they are not authorized to arrest the defendant outside the corporate limits of said city, except in obedience to written warrants signed by the mayor, mayor pro tem., or councilman. The said chief of police, deputy marshal and policemen of said city may take bond for the appearance before the police court, of persons charged with offences against the ordinances of said city, and all such bonds may be forfeited as provided for in this charter. Arrests without warrant. Authority of officers. SEC. 17. The mayor and council of Carrollton shall have full and complete control of the streets, alleys, sidewalks, lanes and squares of said city, and shall have the power and authority, to open, lay out, widen, straighten or otherwise change all the streets, sidewalks alleys, lanes and squares in said city of Carrollton. Whenever the said mayor and council shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, the said mayor and council shall choose one appraiser, the owner of the land taken or damaged, one, and these two, if they fail to agree, shall choose a third, the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner or owners of the property caused by the opening or changing of such street, alley, sidewalk, lane or square, of the owner or owners of such property, after five days notice for the city clerk, shall fail to name an appraiser, the city treasurer shall name one for him, and in every case where the two appraisers chosen shall, for the space of five days fail to agree upon a third appraiser, the city treasurer shall appoint such appraiser; provided, that all appraisers above mentioned shall be bona fide residents of said city. The award of the appraisers shall be in writing and filed within five days in the clerk's office of the superior court of Carroll County; and shall thereupon operate as a judgment and execution shall issue thereon. Either party may within ten days after the filing of the

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award enter an appeal to the superior court of Carroll County. All costs, including the fees of the appraisers shall be paid by the city. At any stage of the proceedings to condemn before or after the final award, the mayor and council of Carrollton may, by paying to the property owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the proposed change. Streets, and sidewalks, etc., control of. Damages, assessment of. Award of appraisers. Costs, etc. SEC. 18. The mayor and council of Carrollton shall have full power and authority to establish and fix such system of grading, paving and draining of the streets, alleys, lanes and squares of said city as they may deem proper; and shall have power to compel owners and lessees of property to construct, and keep in good order, the sidewalks pertaining to said property. If any owner or lessee shall fail to comply with the requirements of the said mayor and councilmen of Carrollton in this regard, the work shall be done under the direction of the city, and execution shall issue for the cost and expense thereof against said property, or owner, or lessee, or either or both, to be collected as are other executions issued by the city clerk. Grading and paving streets. Execution for cost. SEC. 19. That the mayor and council of Carrollton shall have the power and authority to enforce by execution the collection of any amount due, or to become due, to it for taxes, water rents, license fees and assessments of every kind; for the fines and forfeitures, for paving streets, sidewalks, alleys, lanes and squares; for laying sewers or drains; for cleaning and repairing, or removing water closets and privies, which latter, after the passage of this Act, shall only be enacted in conformity to the plan recommended by the State board of health, and when repaired either by the city or the owners, shall be made to conform thereto; and for any other debt or demand due to the said city, such execution to be issued by the city clerk against the property, person, corporation or firm by whom such debt may be due, or may become due, which execution may be levied by the marshal and the property sold as provided by

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the Code of Georgia for 1910, Sections 879, 880, 881 and 882, for municipal sales for taxes. Power to enforce collections. SEC. 20. When any fi fa. shall issue as provided in the preceding sections, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, as now provided by law, for claims under tax fi fa. for State and county tax, such claims to be returned to and heard in the superior court of Carroll County. Claims of property levied on. SEC. 21. Should the mayor or any councilman or alderman, while in office be guilty of any wilful neglect, malpractice or abuse or power, he shall be subject to be impeached by a two-thirds vote of the mayor and council; and on conviction shall be removed from office. Impeachment. SEC. 22. The mayor and council shall, in addition to the powers hereinbefore granted, have the right, power and authority, as follows: (1) To provide by ordinance for the registration of all business occupations that are subject to a specific or license tax, the time or times at which same shall be due, and provide penalties for engaging in same without first registering and paying the tax, and shall have the power to enforce the collection of same by execution. Registration and licensing of occupations. (2) To levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises, to fix and collect a license upon theatrical exibitions, circuses and shows of all kinds, hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, ten pin alleys and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of the city, as may be just and reasonable; to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph, telephone or electric light company, or other

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similar corporations. The taxing power of the city, except as limited by law, shall be as general, full and complete as that of the State itself. Specific or occupation tax. (3) To require each male resident living within the present or future corporate limits of this city between the ages of twenty-one and fifty years, inclusive, to work upon the streets of said city as the mayor and council may direct, for as many as six days each year, or in lieu of such work, to pay a road or street tax, not to exceed five ($5.00) dollars annually, and further to provide for the collection of said tax by an execution which may be issued, made and levied as other executions for city taxes, and to provide by ordinance for the punishment of such residents who fail or refuse after due notice, to perform the work required, or to pay the said tax and who do not return a sufficiency of property for taxation to pay said execution, and in case it shall be necessary to proceed under such ordinance, one dollar additional shall be paid into the city treasury as cost. Street tax. (4) To pave, remove or repair the pavement of the sidewalks of the city, and to assess the cost of the same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon. Assessments on abutting property. (5) To grade, pave, macadamize, curb, or otherwise improve for travel or drainage any of the streets, alleys or ways of said city, or to regrade, repave, recurb, remacadamize or repair the pavement, grade, curbing or drainage of the same, and to assess one half of the total cost of such improvements against the owners of the property abutting on each of the streets, alleys or ways, so improved, according to the frontage owned by each thereof, and to require any railroad, or street railroad company, having, or which may hereafter have, tracks running through the streets, alleys or ways of said city, so improved, to macadamize or otherwise pave or improve, as the mayor and council may direct, the width of their said streets, and two feet on each side thereof; and to require such companies

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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 same done and the expense thereof shall be assessed against said company or companies, and enforced and collected by execution as provided for in the following paragraph. (6) To enforce the payment of the assessment provided for in the two foregoing paragraphs of this Section, by execution against the abutting property, and the owners of the same, which execution shall be issued and levied like executions for taxes under existing ordinances, or such as may be hereafter made applicable to the subject. Executions against abutting property. (7) To grant franchises, permits, easements and rights of way in, on, and under the streets, alleys, lanes, sidewalks, parks and other property of the city, upon such terms reservations and conditions as the mayor and council may fix; provided, however, that same shall not be granted for longer term than twenty years, nor without compensation to the city; and provided, further, that the application therefor shall be published at the expense of the applicant thirty days in a newspaper of said city prior to action thereon by the mayor and council; and provided, further, that no such franchise shall be granted until said application shall have received a majority vote at two regular meetings of the mayor and council. Franchises and easements. (8) To define the fire limits in said city and to regulate the character of buildings and the erection thereof within such limits; to regulate the construction of buildings as to foundations, walls, roof, doors windows and floors so as to secure safety of the structure and to prevent the spread of fire; to authorize, provide and require the inspection by such officer or officers as may be designated of buildings and structures erected or to be erected or in the process of erection; to authorize the permit for the erection of any building to be revoked, and the condemnation of any building already erected in whole or in part. Fire limits, regulations, etc.

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(9) To compel persons about to undertake any work which may be dangerous, or is likely to involve liability upon the city, to execute a bond with good and sufficient surety, conditions for the payment of any damages that may be sustained by any persons from such work. Bond for damages by work. (10) 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 of 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 executions for city taxes. Nuisance abatement. (11) To regulate butcher pens, tan yards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become dangerous or injurious to the health of the public, or any part of it, 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 the health as aforesaid. For these purposes the city shall have jurisdiction for two miles from the city limits thereof. Regulation of business likely to injure health. (12) 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 protection, regulations for. (13) 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. Hotels.

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(14) 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. Animals, impounding of. (15) To require owners of lots to drain same, to fill up excavations or depressions, and upon failure to do so after reasonable notice, to have same done at owners expense and enforce collection of same by execution against property. Drainage of lots, etc. (16) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passangers, freights or both, to provide for the regular inspection of same, and to fix the rates of fares and carriages thereon. Vehicles, regulation of. (17) To require the owners or occupants of any property abutting on any street, lane, or alley or public place to keep the sidewalk adjacent thereto, clear of obstruction, snow, trash, or any vegetation, and to provide a penalty for a failure to do so. Sidewalks, cleaning of. (18) To provide a fire alarm system, commensurate with the needs of said city; to create the office of city electrician, who shall have charge of the fire alarm system, and discharge such duties as may be prescribed by ordinance and shall have a definite term of office and an adequate salary. Fire alarm system. (19) To create the office of building inspector and prescribe his duties, who shall have a definite term of office and definite salary. Building inspector. (20) To create the office of food inspector for the city of Carrollton and to fix his term of office, compensation and duties. Said food inspector shall have authority to visit all daries, butcher pens, or places where animals are slaughtered, in the county of Carroll, the products of which are offered for sale within the corporate limits of the city of Carrollton, and to condemn the same in accordance with such rules and regulations as may be provided by the mayor and council by ordinance and when such establishment is so condemned or application for inspection has been refused,

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it shall be unlawful for any person to sell or offer for sale the products thereof within the corporate limits of the city of Carrollton, and the said mayor and council are authorized and empowered to pass ordinances prescribing penalties for a violation thereof, and he shall also have authority to inspect all meat, vegetables, fruit, milk and other food products offered for sale in the corporate limits of said city, and to condemn and have destroyed the same in accordance with such rules and regulations as may be provided by the mayor and council. Food inspector. (21) To provide a proper building code for the erection and repair of all structures built in said city, and in any case of violation of said code, passed in pursuance of this Act, the said mayor and council shall be empowered after a five days notice, to have such structure removed at the expense of its owner or builder, and an execution issued therefor from the city clerk. Building code. (22) To abate, remove or prohibit the establishment of any building, avocation, enterprise, implement or fixture which, in their judgment tends to endanger any property, person, or the city by fire. Any remedial steps in such direction shall be at the expense of the owners, lessess, builders or property in the discretion of the mayor and council, and execution shall issue whenever necessary. Dangerous building or fixture. (23) To regulate the construction, maintainance and repair on conduits, pipes, wires, poles, plants and all other equipment, used or to be used for lighting, heating, telephone, or telegraphic purposes, or for the generation, conveyance or application of electricity, gas or heat. Conduits, pipes, wires, etc. (24) To compel any person, firm or corporation, having or maintaining telegraph, telephone or electric light poles previously erected, or which may hereafter be erected on the streets or sidewalks, to remove the same to any place designated by the mayor and council through the street committee, or to remove the same from the streets or sidewalks of said city, and to place their wires under ground, and in case of failure to do so within a reasonable time to

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be judged by the mayor and council to have the same done and to assess the cost thereof against the person, firm or corporation, and execution shall issue for the costs thereof against such owner, firm or corporation, or agent, to be collected as other executions issued by the city clerk. Telephone and electric light poles. (25) To preserve peace and good order, prevent vice and immorality, quell riots and disperse disorderly assemblages; to prevent cruelty to children and to animals; to suppress gaming and gaming houses, and places of ill fame and assignation houses, or houses kept for any immoral purposes; to prohibit gaming and to destroy any instruments or devices of gaming, and to restrain from dulent practices; to license, tax, regulate, restrain or prohibit all tables, machines, devices or places of any kind of sport or games; to regulate the time and place of and restrain or prohibit bathing in the river of the city; to direct the location and management of public bath houses and to license the same or require the same to be closed if deemed expedient; to restrain and punish vagrants, itinerants, idlers, mendicants, street beggars, common prostitutes and their associates, thieves, criminals and persons known to be reputed as such. For these purposes the city is given jurisdiction for two miles from the corporate limits thereof. Peace and order, regulations for. (26) To authorize and empower the police to enter, and if necessary, to break open any place, when in the opinion of the mayor or chief of police, there is reasonable cause to believe there is a gambling house or blind tiger being operated, or that spirituous, vinous or malt liquors are being sold, kept or dispensed contrary to law, and to seize and destroy any gambling paraphenalia or stock of liquors found in such place, and to provide for the abatement of such place as a nuisance; provided, that a warrant is first issued by the mayor or presiding officer of the police court under such rules and regulations as may be prescribed by ordinance. Warrant to break open places of gaming or liquor keeping. (27) To make such by-laws and ordinances as they may from time to time think necessary, and that they may codify the same, together with its charter, into one book, to be

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known as the code of the city of Carrollton, and when same is adopted by the mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificate of the clerk certifying the same to be the code of the ordinances and laws of said city. Code of laws. (28) To establish a fee bill for the officers of said city, such fees when collected to be paid into the city treasury. Fee bill. SEC. 23. If any person, firm or corporation fails to return their property for taxation, or secure a license or permit to do business, or pay street tax at the time prescribed by this charter and the ordinances of said city, it shall be the duty of the city clerk, as hereinbefore provided, to search out and require the same to be done, and double tax the same as a penalty for said default as in this charter provided, or as may be provided by the mayor and council by ordinance. Double tax as penalty. SEC. 24. In case any property which is subject to taxation was not assessed or returned for taxation, or for any reason has not been assessed or returned for taxation and taxes collected thereon in any year past, the mayor and council may at any time assess said property for said year or years, and it shall be the duty of the city clerk to issue executions therefor as in other cases and also collect the penalties thereon as provided by this charter. The mayor and council shall provide by ordinance for notice to parties whose property is to be assessed for back taxes, and the hearing of any complaint, and the penalty herein referred to shall be a double tax to be assessed and collected on said property. Back taxes. SEC. 25. Where in accordance with the provisions of this charter, except as may be otherwise specifically provided, any changes, alterations or work of any kind, is ordered done by the mayor and council of said city, or any of its duly authorized agents or agencies, and the person, firm or corporation so ordered to do the same, fails or refuses to do so within the time fixed, and upon such default, the city makes such changes, alterations or work, that the

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mayor and council shall have the power and authority to assess the total cost thereof against the said person, firm or corporation in default, and it shall be the duty of the clerk to issue execution forthwith against said person, firm or corporation, therefor; which execution may be enforced in the same manner as tax fi fas. and sales made thereunder shall have the same force and effect as sales under tax fi fas.; said execution shall be a lien against the property of said person, firm or corporation, next in dignity to taxes. Assessment, execution, enforcement, lien. SEC. 26. In addition to the powers hereinbefore enumerated said city of Carrollton shall have all additional powers usually and properly incident to municipal corporations not in conflict with the constitution of Georgia or of the United States, as may be necessary to promote the good government of the city and the general welfare of its citizens. Additional powers. 26-a. The mayor and council shall have the power to pass any and all ordinances that may be deemed requisite and proper to the peace, security, welfare, health, good government and convenience of the city, and to punish for violation of the same in a sum not to exceed two hundred and fifty ($250.00) dollars, or imprisonment in the city prison, or compulsory labor on the public works or streets not to exceed three (3) months, and any one or more of these punishments in the discretion of the mayor or other presiding officer of the police court. Ordinances and penalties. SEC. 27. (1) A board of education is hereby established in lieu of the present board of school commissioners, who are authorized and empowered to maintain and operate in said city a system of public schools. Said board of education to consist of six members, two from the city-at-large and one from each of the four wards of said city, who shall be elected and assume office as provided in Section 4, of this Act. A majority of said board shall constitute a quorum for the transaction of any of its business. They shall be upright and intelligent citizens and residents of said city, and they shall hold office for a term of three years, or

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until their successors are elected and qualified, except the first board. Board of education. Eligibility and term of office. (2) That said board of education shall assume the duties of office on the first Monday in February, 1915, at which time the present board of school commissioners shall cease to exist. All vacancies that may occur from time to time on said board of education shall be filled as provided in Section 4, of this Act. (3) It shall be the duty of said board of education, immediately after their qualification, or as soon thereafter as practicable, to organize by election from their number a chairman, a secretary and a treasurer. Said members and said officers shall serve without pay. Before entering upon the discharge of their duties, the members of said board of education shall take and subscribe before the mayor, or in his absence, the mayor pro tem., an oath to faithfully and impartially discharge the duties of their office, which oath shall be spread upon the minutes by the city clerk. Organization. No pay. Oath. (4) Said board of education is hereby directed, authorized, and empowered to operate, conduct and control said system of public schools, and to do and perform all necessary acts, and to devise, design and adopt all necessary means and ways for the proper support, operation and maintenance of the same; in addition to the regular common school course, to adopt such courses including primary, grammar and high school, as they may deem proper; to prescribe the curriculum in said schools; to appoint and employ teachers and a superintendent in said schools, and to fix their salaries; to make and adopt such rules, regulations and by laws for their own government, and that of the superintendent, teachers and pupils as they may deem proper; to receive by purchase, gift or otherwise all property, both real and personal, as may be by them deemed necessary or proper; to contract and be contracted with; and to do all and every other act or acts as are, or may be necessary for the proper support, maintenance and operation of said system of public schools. Powers.

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(5) Said board of education shall provide separate schools for the white and colored children under this Act, and all children between the ages of six and eighteen years whose parents or guardians are bona fide residents of the city of Carrollton, shall be entitled to the benefits of said school under such regulations as said board may provide for the admission of all children who reside out of said city of Carrollton, into said schools, upon the payment of such rates of tuition as said board may provide. Separate schools. Non-resident pupils. (6) That said board of education shall keep regular minutes of all its proceedings, and said minutes shall be at all times open to the inspection of the mayor and council of the city of Carrollton, and at the end of each scholastic year said board shall submit to said mayor and council a report of all amounts received and disbursed by said board during said year, with such other information and recommendations as said mayor and council may deem proper, and said board is hereby repuired to make all other reports as are now, or may be hereafter required of them under the laws of the State of Georgia. Minutes. Annual report, etc. (7) The mayor and council of Carrollton is hereby authorized, required and empowered upon the request or recommendation of said board of education, to levy and collect as other taxes are collected, a special tax upon all taxable property in said city to raise an amount sufficient to defray the expenses of running the public schools for the ensuing year as shall be determined by the board of education, which amount shall be stated in their said recommendation; provided, such special tax shall not exceed one-half of one per centum per annum, and when collected the city clerk or other collecting officer of said city of Carrollton shall pay the same over to the treasurer of the board of education, on the first Monday of each month as collected, which shall then constitute a fund to be expended by said board of education for school purposes only. School tax. (8) The State School Commissioner is hereby authorized and directed to pay over to the treasurer of the board of

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education for the use of said public schools, under such rules and regulations as the board of education may prescribe, the proportion of the state school fund to which said city is entitled to be expended in the maintainance of said public schools as authorized and directed by the constitution and laws of the State. State school fund. (11) The mayor and council of said city shall have power to appropriate from time to time such sums of money for the purpose of building or purchasing school houses or other school property for the use of the public schools herein provided for as the condition of the treasury may authorize. Appropriations for schools. (12) There shall be a board of visitors for said public schools to be composed of five ladies, citizens and residents of the city, who shall be nominated by the mayor at the first meeting of the mayor and council in February, 1915, subject to the approval of the council. Their term of office shall be three years, and their successors shall be nominated and confirmed triennially in the same manner. The said board of visitors shall have the authority, and it shall be their duty to visit the different public schools of the city, familiarize themselves with the character and conduct of both teachers and pupils, the studies persued, methods of teachers, sanitary conditions, and all other matters pertaining to the welfare school, and at the close of each term, and at such other times as they may see fit, to make a report to the mayor and council and board of education of their work with such recommendations as they may deem proper concerning the further management of the school. Board of visitors. (13) The rules and regulations of the present board of school commissioners for said city shall remain in full force and effect when not in conflict with this Act, until the same are modified or repealed by the board of education, and all existing valid contracts made by the present board of school commissioners shall not be disturbed by this Act. The present board of school commissioners shall hold office until February 1, 1915, or until their successors are elected and qualified. Rules of force.

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SEC. 28. Whenever the mayor and council shall deem it necessary and for the best interest of the city of Carrollton to do so, they may elect a recorder who shall, when so elected and qualified, preside over the trial of cases in the police court herein provided for under the same restrictions, regulations and powers as are imposed upon the mayor in a like capacity. He shall be the presiding officer of said court, except when disqualified or absent when the mayor and council shall designate one of their number to preside over the court with like powers and restrictions. The mayor and council shall fix the salary of said city recorder, and his term of office, and shall have the power to define his duties by ordinance not in conflict with this Act. Before entering upon the discharge of his duties as city recorder, the person elected or appointed 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 rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as city recorder of the city of Carrollton, according to the best of my knowledge and ability and understanding, agreeably to the laws and constitution of the State of Georgia and of the United States, so help me God. Recorder for police court. Oath. (1) When the office of city recorder is established as aforesaid, the same shall not be abolished except by a majority vote of the qualified voters of said city at an election called by the mayor and council for that purpose upon a petition being filed with them signed by one-third of such voters. Abolishment of office. SEC. 29. The mayor and council of Carrollton are authorized and empowered to order an election by the qualified voters of said city at such time as the mayor and council shall designate to determine whether or not bonds shall be issued by the city of Carrollton in sums subject to the limitations and regulations imposed by the laws of the State of Georgia upon municipalities, to be sold for the purposes of maintaining, improving and enlarging the water and

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sewerage system of said city now established and in operation, for the purpose of establishing, building, and acquiring an electric lighting system for said city, and for the purpose of street improvement or for any other purposes. Said election or elections shall be held in accordance with the general laws of the State of Georgia in relation to the issuance of bonds by municipalities. Bond election. (1) The mayor and council of the city of Carrollton are authorized and empowered to annually assess, levy and collect on all property, real or personal, a tax in such sums as may be deemed necessary for the purpose of paying the interest on said bonds, and to create a sinking fund sufficient to redeem and pay off said bonds at maturity. Tax to pay interest on bonds. (2) If an election be held as herein provided and the result be against the issue of bonds for any of the purposes herein specified, The mayor and council may at any time thereafter, at the expiration of six months from the date of the 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, lights, sewerage and street improvement bonds, at one general election, or may advertise for one or more of said purposes, or any other purposes, or on only one of said purposes, as in their judgment may be necessary. Further elections for bonds. SEC. 30. The mayor and council shall designate as a depository for city funds such bank in the city of Carrollton as will allow the largest percent on the daily balances and will loan the city money when needed, at the cheapest rate, such bank being required, however, to give bond in a bonding company chosen by the mayor and council, similar to bond required of state depositories, and the city treasurer shall keep the money in the bank so designated Bank as city depository. (1) The board of education of Carrollton shall designate as the depository for school funds such bank in the city

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of Carrollton as will allow the largest percent on the daily balances, and will loan the board money at the cheapest rate, such bank being required, however, to give bond in a bonding company chosen by the board, similar to State depositories, and the treasurer of the board of education shall keep the school money in the bank so designated. Depository of school funds. SEC. 31. From and after February 1, 1915, the present water and light commission of the city of Carrollton shall cease to exist, and the mayor and council of the city of Carrollton shall have the power and authority to maintain, operate and repair and extend the system of waterworks and sewerage of said city, and also of any electric light plant that may hereafter be owned by said city. The mayor and council shall have the power by contracting with the present owner of the electric lights in said city for the lights for the city of Carrollton for each municipal year; to erect and maintain public hydrants, fire plugs, poles, wires and electric lights within the city limits and without if they should deem it to the best interest of said city; to supply the city with lights, water for fire purposes as may be necessary; also for flushing sewers, sprinkling streets, and for all other purposes as may be prescribed by ordinance. They shall regulate and provide for the private use of water and lights when the city owns the light plant, fix a price and time and place of payment therefor, and in default of payment for water or lights they may shut them off and keep the same shut off until the arrears are fully paid. If it becomes necessary to enforce payment the city clerk shall issue execution for the amount due for lights and water, which shall be levied and collected as other executions. The mayor and council may expend so much of the income from each of these plants as may be necessary for the maintenance and operation of the same, and for repairing and extending the same, and the surplus, if any, shall be expended as the mayor and council may direct. The mayor and council shall annually elect a superintendent and engineer, and from time to time shall appoint such other agents and servants as may be necessary to operate said plant, and prescribe their

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salaries or fees. They may remove any person, except the superintendent and engineer, whom they have elected or appointed at any time without assigning any cause therefor. The mayor and council shall elect a collector for their body from the citizens of the city who shall be the collector of all bills and demands of every sort in connection with the said waterworks and sewerage systems, and also electric lighting system when established, who shall give bond in such sum as the mayor and council may prescribe for the faithful discharge of his duties, for the prompt payment of all monies that he may collect to the city treasurer, which bond shall be made payable to the mayor and council and their successors in office. The mayor and council shall make such rules and regulations for the government of their servants and employees, and for the distribution and use of the products of said plants as they may deem proper, but they shall not make any contract for water or lights for a longer period than one year, nor shall they by contract limit or restrain their own power, nor that of their successors to make such contracts with other persons, or to modify or discontinue such as they may make whenever in their judgment it is best to do so. The mayor and council may make such ordinances and by-laws for the protection of said systems as they may deem proper, and any person violating any one or more of said ordinances shall be tried in the police court, and on conviction shall be punished as for a violation of other city ordinances. Light and water commission abolished. Powers of mayor and council as to lights and water. (1) The present rules and regulations and ordinances of the water and light commission which have been approved by the mayor and council shall remain in full force and effect when not in conflict with this Act until the same is repealed or modified by the mayor and council, and no existing valid contract made by the present water and light commission of Carrollton shall be disturbed by this Act. The present superintendent and engineer shall hold office until February 1, 1915, or until their successors are elected and qualified, unless sooner suspended or removed as provided by this Act. Ordinances and rules of force.

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SEC. 32. Before this new Act of incorporation shall go into effect it shall be submitted to the qualified voters of the city of Carrollton to vote upon for or against ratification at an election to be called by the ordinary of Carroll County for such purpose at least twenty days prior to the first Saturday in October, 1914, said election to be held at the court house of Carroll County under the rules and laws applicable to elections for mayor and councilmen in the city of Carrollton, and shall be by the registered voters of said city as prepared and provided under the laws now in force for said registration. Notice of said election shall be published in both Carrollton papers once before said election. In said election those who favor said new Act of incorporation shall have written on their ballots For New Charter, and those opposed to said new Act of incorporation shall have written on their ballots Against New Charter. If the majority of lawful votes cast at said election shall be against said new charter, then the said new charter shall be of no effect, but if the majority of lawful votes cast shall be for said new charter then the ordinary of Carroll County shall make proclamation of the result, thereupon the new charter shall go into effect. The managers of said election shall count the ballots cast thereat, and they or a majority of them shall forthwith certify the result to the ordinary, and shall deliver to him the ballots and the list of voters and the tally sheets, which shall be kept as in other elections This Act effective if ratified by popuar vote. Form of ballots. SEC. 33. All provisions of former Acts of the General Assembly of the State of Georgia incorporating the city of Carrollton and now constituting the present charter of said city which are at variance or conflict with this Act are hereby expressly repealed, and especially the following Acts are hereby repealed; an Act to establish a system of public schools for the city of Carrollton in the county of Carroll; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto, said Act approved November 26th, 1886, and all amendments of said Act. Also an Act

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to create a commission for the city of Carrollton to be known as the Water and Light Commission, to provide for the election of such commissioners and fix the terms of their offices; to prescribe their powers and duties, and for other purposes. Said Act approved August 9th, 1904, and all amendments of said Act. Repeal of former Acts. Especially Act of 1886 and Act of 1904. Approved August 12, 1914. CECIL, TOWN OF, REINCORPORATED. No. 377. An Act to reincorporate the town of Cecil in the county of Berrien; to define its limits; to provide municipal government therefor; to confer additional powers on said town and its authorities; to codify, amend and supersede all previous Acts incorporating the town of Cecil, and to grant a new charter to said town under the corporate name of The Town of Cecil, 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 town of Cecil, in the county of Berrien, be and the same is hereby incorporated under the name and style of The Town of Cecil, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in the State; may purchase, have, hold, receive, enjoy and retain to itself for the use of said town of Cecil any estate or estates, real or personal, of whatever kind or nature within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said

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town, as may be fit and proper, the mayor, by the direction of the council of said town, making deed to any property sold or disposed of. Town of Cecil incorporated. General powers. SEC. 2. Be it further enacted, That the starting point from which the boundaries of said town shall be measured is the depot of the Georgia Southern Florida Railway Company, where it is now located, and at a point where the street running from east to west crosses the main line of said railway directly north of said depot, and that beginning at said point the boundary lines of said town of Cecil shall extend one-half mile north, one-half mile east, one-half mile south and one-half mile west. Territorial limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last-named offices may be filled by the same person or different persons; and whether the said offices be filled by the same person or by different persons, there shall be a bond given of such sum as may be prescribed by council for each of said officers, payable to the town of Cecil, conditioned for a faithful performance of the duties of such office, all of whom, except the secretary and treasurer, shall be elected annually on the days fixed by ordinance. All of which officers shall hold their office for a period of one year and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance for a faithful discharge of said office before entering upon the duties of same, which may be administered by any person authorized to administer oaths under the laws of this State. That the council may elect or appoint such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance of the rights and powers herein conferred, or the laws of said State within the corporate limits of said town, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and of the town of Cecil. All such subordinate officers shall

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hold their office at the will of the council, and shall receive such salary as may be fixed by the council, each of whom shall subscribe to an appropriate oath before entering upon the discharge of the duties of their respective offices, and shall give such bond as the council may require. Government officers. Bonds. Terms of office. Oath. Subordinate officers. Tenure of office, salary, bond and oath. SEC. 4. Be it further enacted, That the present officers of said town be, and they are hereby declared to be, the lawful officers of said town under this charter until the first Tuesday in February, 1915 (and until their successors are elected and qualified), when an election shall be held for the purpose of electing a mayor and five councilmen, as heretofore provided for under this charter, under the laws of the State applicable and under such further rules and regulations as may be by ordinance adopted; an election for said offices shall be held annually thereafter on the same day, unless changed by ordinance, which the town council may do, provided, such change does not lengthen the term of officers at the time the change is made. The day of election may be changed, but the term of office of all officers of said town shall be for one year from their election, and until their sucessors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the next regular election. Election of successors. Term of office. SEC. 5. Be it further enacted, That at the first meeting of the council after their election and qualification they shall elect one of their number as mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of said council at all deliberations and shall be allowed a vote on all questions, whether there be a tie or not, and who shall also in the absence or disqualification of the mayor, exercise all the functions of the office of the mayor in all and every particular whatever. 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, without being specially conferred on the mayor pro tem. by this charter; that the council, including the mayor pro tem., shall constitute the legislative body

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of said town, any three of whom shall constitute a quorum for the transaction of any and all business, but no ordinance shall be declared passed and become the law of said town unless it receives at least three votes in favor of its passage. Mayor pro tem. SEC. 6. Be it further enacted, That the legislative body of said town shall provide by ordinance the manner of holding elections, as well as to fix the qualifications of voters, and the eligibility of citizens to hold office in said town; provided, that such ordinances be not in conflict with the constitution and laws of this State or the United States. Elections and qualification of voters. SEC. 7. Be it further enacted, That if any vacancy should occur in either of the offices provided for in this charter, the council, or a majority of them, shall order an election, under such rules as may be adopted by proper ordinance, to fill such vacancy, and the person or persons so elected shall hold their office until the next regular election thereafter. Removal beyond the limits of said town or conviction of a crime in any of the courts of this State, involving moral turpitude, shall vacate the office of the person so removing or convicted. Vacancies to be filled by election. SEC. 8. Be it further enacted, That the mayor, and in his absence the mayor pro tem., and in the absence of both, any one or more members of the council, may hold the mayor's court for the trial of all parties charged with a violation of the laws of the said town. In case one or more members of council, as above provided, are holding mayor's court, he or they shall have authority to exercise all powrs under this charter, as may be done by said mayor. The mayor of said town, or those presiding in his stead in case of absence or disqualification, may punish for a violation of a town law by a fine not exceeding one hundred dollars, imprisonment in the town jail, or work on the streets, chaingang or other public works, under the supervision of the marshal or marshals of said town, not exceeding sixty days, one or more or all of these, at the discretion of the trial court. While sitting as a court for

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the trial of offenders the said court shall have power to punish for contempt not in excess of the punishment above prescribed in this paragraph. There may be an appeal from the mayor's court to council under such rules and regulations as may be adopted by proper ordinance, but in no event shall the right of appeal to council be abridged on account of the poverty of the accused, and the judgment rendered therein may be reviewed by certiorari. Mayor's court, and its powers. SEC. 9. Be it further enacted, That the mayor of said town shall be ex-officio a justice of the peace, in so far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized to attest; to issue warrants for any offenses committed against the laws of said State and to hold committal courts, as is authorized by laws of said State for a justice of the peace; that the said mayor shall have authority to issue warrants against all persons charged with a violation of the ordinances of said town; said mayor shall have authority to commit to the jail of Berrien County any person upon trial in his court when the evidence adduced in said trial indicates that said party has violated the laws of said State, and it shall be the duty of the marshal of said town to deliver said party to the sheriff of Berrien County upon his failure to give bond for his appearance at the court having jurisdiction of said offense, provided same is bailable, as soon as the said party shall have paid his fine or completed his sentence for violation of the town laws, in case of conviction for same. In such cases the marshal of said town shall be entitled to the same costs as the bailiff of a justice court. All warrants issued by the mayor, or those acting in his stead, shall be directed to the marshal of the town of Cecil, and to all and singular the sheriffs, deputy sheriffs and constables of said State, and any one of said officers shall have authority to execute same, whether it charges a violation of the laws of the town of Cecil or of the State of Georgia. Mayor a justice of the peace ex-officio. Marshal's duty. Costs. Warrants. SEC. 10. Be it further enacted, That the mayor, or those holding court in his stead, shall have power and

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authority to subpoena witnesses to attend mayor's court under the same rules and regulations that govern the superior court of this State, and to compel their attendence, and to punish any witness who has been subpoenaed and who fails to attend, under the provision for contempts already provided for in this charter. Witnesses. SEC. 11. Be it further enacted, That the said town shall have power and authority to condemn and appropriate, as provided by law, private property for public use; to lay off and open new streets, alleys, lanes or other ways for the convenience of the public or any citizen of said town; to vacate, alter, widen, curb, pave and keep in good repair all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers and gutters for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, and to charge therefor; to keep all public grounds, streets, sidewalks, crosswalks, avenues, alleys, lanes or other ways free from obstructions of all kinds; to regulate the width of crosswalks and sidewalks on the streets; to require adjacent landowners to curb, pave and improve sidewalks at their own expense, under direction of the authorities of said town, and upon failure of the landowners to do so, the said town may have such work done and collect the costs thereof from the adjacent landowners by execution, in the same manner as taxes are collected. Condemnation of property. Streets. Light and water. SEC. 12. Be it further enacted, That whenever it is desired by the authorities of said town to appropriate private property for public use, and do not secure the same from the owner or owners thereof by purchase, the title to such property may be acquired upon said town tendering to the owner or owners thereof, or to his or their legal representative, just and adequate compensation for the property so desired, which compensation, when not otherwise agreed upon, shall be assessed and determined in the manner as provided by the general laws of said State for condemning private property for public use. Title to property appropriated for public use. SEC. 13. Be it further enacted, That the council of said

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town shall have power and authority to regulate by ordinance the keeping of markets, and to condemn in the manner prescribed by ordinance, all meats, vegetables or other articles of food whatever, which after inspection are found unfit for food, and shall have the power to seize and destroy all such articles of food as shall be condemned, and may punish any person who offers for sale any such articles of food in the town. The inspector or officers of the town shall have the right, without warrant, to enter any place of business where there is reason to suspect that such articles of food are offered for sale, and to seize and destroy or otherwise dispose of same, as may seem best to said officers. Markets, food inspection, etc. SEC. 14. Be it further enacted, That the council of said town shall have power and authority to establish fire limits for said town, to change the same from time to time, and to regulate the material and manner of building houses therein; to establish a system of building inspection, and to condemn all buildings and structures that are dangerous to the safety of any citizen or the public, and to have the same made safe or removed at the expense of the owner; upon a failure of the owner to comply with any order as to such building the authorities of said town may have the same done and collect the expense of same from the owner or owners of such building or structure by execution in the same manner as taxes for said town are collected; to regulate the keeping and selling of dynamite, gunpowder, kerosene, gasoline and all other hazardous articles of merchandise; to regulate or prohibit the operation of blacksmith shops or other businesses that may endanger the property of others in said town; to prevent injury or annoyance to the public or individuals from anything dangerous or offensive; to regulate the running of steam engines, whether for factories, mills or any other kind of machinery propelled by steam engines, to regulate the running of any and all sorts of vehicles, however drawn or propelled, that may be used on the streets of said town, or operated therein or through said town, including railroad trains; to prevent hogs, dogs, cattle, sheep, horses, mules,

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goats, asses and all other kinds of animals from running at large in said town; to establish quarantine and regulate the same; to regulate the burial of the dead in said town; to protect places of divine worship, school houses and other public gatherings, and to abate anything which in the opinion of the authorities of said town is a nuisance. Fire limits and regulations. Regulation of dangerous things. Vehicles. Railroad trains. Animals at large. Quarantine. Burials. Churches and schools. Nuisances. SEC. 15. Be it further enacted, That said town shall have the right to issue bonds under and in accordance with the limitations provided in the constitution and the general laws of the State applicable to municipalities, and with the funds arising from the sale of bonds issued for said purpose may refund any existing debt, establish and maintain a system of water works, a system of lights, erect public buildings or any other improvements for the use of the citizens of said town, and to issue bonds for any other purposes allowed in this charter, or authorized under the laws of said State. Bond issue. SEC. 16. Be it further enacted, That the council of said town shall have power and authority to grant franchises to any and all companies or corporations as are authorized by law to transact business in this State. Franchises. SEC. 17. Be it further enacted, That the council of said town shall have the authority to provide by ordinance the manner and method by which property owners of said town shall make return of their property for taxation, and to fix a penalty for a failure to return same as so provided. Tax returns. SEC. 18. Be it further enacted, That the council of said town shall have power and authority to appoint three citizens of said town, who are freeholders thereof, as tax assessors of said town, whose duty it shall be to place a just, fair and equitable valuation on all property within said town, subject to town taxes, whether returned for taxes by the owner or not, to equalize and adjust the taxes of all owners of property in said town; the said board of assessors to give any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon his, her or its property, and if in

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the judgment of said assessors the valuation first fixed by them is too high, they may change the same; but in all cases the decision of the assessors, after the property owner has appeared before them, or has had notice to appear before them, shall be final. Publication in any newspaper published in the county wherein said town is located for ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Tax assessors. SEC. 19. Be it further enacted, That the council of said town shall have full power and authority to levy a special tax not exceeding ten mills on each dollar, as street tax, and expend the same in opening and improving streets, sidewalks, public parks and grounds; also to levy and collect a tax upon all and every species of property in said town, subject to State and county tax; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade or profession carried on in said town; upon billiard and pool tables, bowling alleys, banks, insurance, telephone, telegraph and express companies; to tax all theatrical performances, shows or exhibitions for gain or profit in said town; to tax all itinerant traders and peddlers, all vendors of patent medicines, drugs, books, nostrums or devices of any kind, to tax all solicitors or canvassers selling wares or merchandise by sample at retail to consumers. All of said taxes, except the tax on real and personal property, which shall be ad valorem and not exceeding the statutory or constitutional limitations, shall be in the nature of a license, which must be paid in advance of doing business or carrying on the trade or occupation, and the council shall provide by ordinance for the punishment of all parties who are required to take out license, who do or attempt to do any business before taking out such license and complying fully with all the requirements of said council made in reference thereto. Special street tax. Property tax. Business taxes. Licenses. SEC. 20. Be it further enacted, That the council of said town shall have power and authority to provide by ordinance when the taxes of said town shall become due and

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collectible, and the secretary and treasurer of said town, who is hereby declared by virtue of his office to be tax collector for said town, shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which execution shall be directed to the marshal of the town of Cecil, and when issued shall be placed in the hands of the marshal of said town, whose duty it shall be to levy the same upon any property, real or personal, within the corporate limits of said town. If the execution be for a sum less than a hundred dollars, and the property levied upon be personal property, the same may be advertised as constables' sales are now advertised, by posting an advertisement in three or more places in said town, one of which must be at the court house door, where mayor's court is held; if the execution be for a sum greater than a hundred dollars, the levy be upon real estate, then the same shall be advertised by the levying officer under the same terms and under the same regulations and in the same paper that the sheriff's advertisements for the county of Berrien are made. The deed of the marshal of said town making the sale under execution, as heretofore set out, shall pass the title of the property sold to the purchaser as completely and absolutely as the deed of the defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying the purchaser, at any time within one year from the date of sale, the full amount of his bid, with ten per cent premium thereon. That the officer making the levy under executions issued by tax collector of said town shall have full power and authority to take bond for the forthcoming of personal property so levied upon payable to himself, which bonds may be sued upon by such officer for the use of the town in any court having jurisdiction of the person and subject matter of such bond, and the levying officer of such execution shall receive costs for his services, as follows: if the execution is less than one hundred dollars the costs allowed constables shall be received

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by him; if the execution be greater than one hundred dollars the costs allowed sheriffs shall be received by him. Taxes, collection of. Executions for taxes. Levy and sale. Tax title. Redemption. Forthcoming bond. Costs. SEC. 21. Be it further enacted, That should an affidavit of illegality be filed to an execution issued by the authorities of said town (which may be done under the same rules which prevail in the State courts), or any property levied upon be claimed by a person not a party to the execution, said claim shall be interposed under the same rules, restrictions and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice's court that is held in the town of Cecil, or the city or superior court of Berrien County having jurisdiction as the case may be. Illegality of execution. SEC. 22. Be it further enacted, That it shall be unlawful to sell, or give away to induce trade, any spirituous, malt or intoxicating liquors, or near beer, or like beverage in said town; that the police authorities of said town shall have power and authority to enter without warrant and to inspect any place of business, residence or other place in said town where there is reason to suspect that intoxicating liquors or near beer or like beverages are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as evidence of a violation of said law, or any ordinance of said town, or the law of the State. Liquors unlawful. Inspection powers. SEC. 23. Be it further enacted, That the council of said town shall have power and authority to require all persons residing within the corporate limits of said town, subject to road duty under the laws of this State, to work on the streets of said town, or they may fix a commutation tax, which may be paid in lieu of said work. Street tax. SEC. 24. Be it further enacted, That all ordinances and laws now in force in said town of Cecil under its present charter shall continue of force and effect under this charter until the same are repealed or superseded by other ordinances legally adopted by the council of said town. Present laws of force.

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SEC. 25. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered restrictive, but the town of Cecil, and its authorities may exercise all powers, rights and jurisdiction as they might have if such enumerations were not made in said Act as above designated, and the council of said town may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said town, and where under said Act rights are conferred or powers granted, but the manner of exercising them is not prescribed, the council may prescribe, by ordinance, 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 this State. Powers not restricted. General welfare. SEC. 26. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act and all Acts and amendments of Acts heretofore passed to incorporate and confer powers on said town of Cecil be, and the same are, hereby repealed. Approved August 11, 1914. CEDARTOWN, CITY OF, PUBLIC SCHOOLS. No. 368. An Act to amend an Act approved September 9, 1887, authorizing Cedartown, in Polk County, Georgia, to establish and maintain a system of public schools, by striking therefrom Section 6 of said Act, and inserting in lieu thereof a new section, authorizing and directing the payment of the proportion of the common school fund due the city of Cedartown direct to the treasurer of said board by the State Superintendent of Schools, 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 an Act of the General Assembly approved September 9, 1887, authorizing Cedartown, in Polk County, Georgia, to establish and maintain a system of public schools, be and the same is hereby amended by striking therefrom Section 6, as it appears therein, and inserting in lieu thereof the following: Section 6. Be it further enacted by the authority aforesaid, That it shall be the duty of said board to have, prepare and furnish the State Superintendent of Schools, from time to time, as required by law or by the State school authorities, a list or census of all pupils residing in the city of Cedartown, entitled to the State school fund, and the said State Superintendent of Schools shall pay over to the treasurer of said board such proportion of said educational fund as said pupils are entitled to under the rules of distribution prescribed by law, said fund to be applied by said board to the maintenance of said schools according to law, and it shall further be the duty of said treasurer of said board to receive from the mayor and council of said city all the money raised by them by taxation under this Act, also the bonds to be issued from time to time under authority of law, to be applied and appropriated under the direction of said board, according to the provisions of this Act and other laws applicable thereto; and it shall be the duty of said mayor and council to turn over to said treasurer said funds and bond on the order of said board, and said treasurer of said board shall receive the incidental fees and other proceeds of said schools and report same to the board at the next meeting thereof. Act of 1887 amended. Census of pupils. State fund payable to treasurer of board. Treasurer to receive and apply money from city tax, and bonds. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914.

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CHIPLEY, TOWN OF, CHARTER AMENDED. No. 299. An Act to amend the several Acts creating the town of Chipley, and constituting the charter of said town by and under which said proposed amendment the corporate limits of said town will be reduced and defined. 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 approved December 9, 1882, incorporating the town of Chipley and defining the corporate limits of the same, and fixing the power of the mayor and council of said town, and the several Acts amendatory thereof, be, and the same are, hereby amended, as follows, to-wit.: That the corporate limits of said town shall be included within the following boundary, that is to say, all that territory lying within the lines beginning and running as follows: Beginning at a point at the northwest corner of Land Lot No. Seventy-six (76) in the third district of Harris County, and running due north (along the line of Troup County) a distance of 504 yards to a known corner; thence running due east a distance of 1,512 yards to a known corner located in Land Lot No. Ninety-four in formerly Meriwether, now Harris, County; thence running due south a distance of 1,980 yards to a made corner located in Land Lot No. Sixty (60), in the third district of Harris County; thence due west a distance of 1,012 yards; thence due north along the line of the land of J. P. Champian and J. C. McGee a distance of 521 yards, (to corner of Land Lot No. Sixty-one (61) in the third district of Harris County); thence due west a distance of 473 yards; thence due north along the original land lot lines a distance of 964 yards to the point of beginning. Act of 1882, and amendatory Acts amended. Corporate limits defined. SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1914.

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CLARKSTON, CITY OF, NEW CHARTER. No. 425. An Act to provide and establish a new charter for the town of Clarkston, in the county of DeKalb; to change its corporate name to the City of Clarkston, 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 Clarkston, be, and the same is, hereby changed to the City of Clarkston, and said municipal corporation is hereby reincorporated and made and continued as a body corporate and politic under said name of the city of Clarkston, 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

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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 and retain for the use and benefit of said city any property, real or personal, of whatsoever kind or nature within the limits of said city 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 acquired by said city. City of Clarkston incorporated. General powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall be at one-half mile in every direction from the center of the depot of the Georgia Railroad proper as now located, said city and its territory being embraced in the circle thus traced by using one-half miles as a radius and said center of said depot as a center. Territorial limits defined. 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 the city of Clarkston, whose 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 said territory, and also an election by the voters of the city of Clarkston 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

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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 1327th district, G. M., of said county, and two justices of the 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 by managers in county elections and said election by the voters in 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 chambers of the city and under the usual rules governing elections in said city. (3) All persons voting at such election who are in favor of thus extending the corporate limits of the city, so as to take in said proposed territory within the city limits shall have written or printed on their ballots the words For Annexation, and those opposed Against Annexation. The returns of such election shall be made to the ordinary of said county and he shall declare the result thereof by order entered upon his minutes; and if the election by both bodies of electors, both the voters in the city and those in said adjacent outside territory, voting separately as aforesaid, results in favor of the annexation of said territory, that is, if a majority of the votes cast by 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 the election has resulted For Annexation, it being necessary that both electorates shall

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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 Clarkston. 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) 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 their discretion, to be adopted and known as public streets and alleys of the city of Clarkston; 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. (5) 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 of 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 Clarkston and subject to all the rules, laws, regulations, and ordinances governing the same. Extension of corporate limits. Election for annexation of territory. Form of ballots. 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 Clarkston. All Acts and parts of Acts of the General

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Assembly of the State relating to said city, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said city and in force therein at the time of the approval of this Act, and all parts of same, shall remain of force, save such of each as are in conflict with the provisions of this Act. Such ordinances, regulations and resolutions may be hereafter amended by the mayor and councilmen of said city. All property and property rights now held, owned or possessed by said city, and all obligations of every kind and character due to or by said municipal corporation shall remain unchanged and of free force. All pending suits or claims by or against said city are preserved and unaltered. The present mayor and councilmen and the present officers and employees of the city shall continue to discharge the duties of their respective offices and positions until their successors are elected and qualified or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter on the ordinances of the city. Existing rights, powers and duties preserved. SEC. 5. 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 council, consisting of six councilmen from the city as now laid out or as may hereafter be constituted, including any new territory that may be hereafter added, and said mayor and council as a body shall be known as the City Council, and they shall hold office as hereinafter provided. Said mayor and councilmen shall be elected at the next annual election to be held on the third Wednesday in December, 1914. The terms of office of said mayor and councilmen shall be for two years or until their successors are elected and qualified. Three councilmen shall be elected for short terms each to expire on the 31st day of December, 1915; and three councilmen for full terms each to expire on the 31st day of December, 1916. Each councilman at the time of his election must have been a resident of the city at least six months. The mayor 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

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councilmen shall become 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. Government by mayor and council. Election and terms of office. Vacancies to be filled by election. Proviso. SEC. 6. Be it further enacted, That the mayor and councilmen of said city shall be citizens of the State of Georgia, who have been citizens of the city of Clarkston 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 officer 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. SEC 7. 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 six 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. Place, time and regulation of elections. SEC. 8. 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

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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 Clarkston, and that I will to the utmost of my skill and ability, endeavor to promote the interests and prosperity of said city and of all its people, during my continuance in office and without fear, favor or affection; and that I have not, in order to induce my nomination or election to this office or for any reason either directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office or position under the city government of Clarkston 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 political or personal influence or private advancement of myself or any one else; and I have not in the primary or regular election used any money or other thing of value to influence votes or 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. 9. Be it further enacted, That beginning with the year 1915, neither the mayor nor any member of the council shall be eligible to re-election to the same office after the expiration of a second term until after a period of one year shall have elapsed. Eligibility to re-election. SEC. 10. Be it further enacted, That beginning with the first session of the city council in the year 1915, and annually thereafter, said city council shall fix the salaries of the mayor and councilmen, same not to be changed thereafter

Page 585

during their respective terms of office, and to be paid annually out of the general revenues of the city; provided, however, that the salary of the mayor shall not exceed forty ($40) dollars, and that of councilmen shall be $1.00 for each meeting at which they are personally present and participated in. No councilman shall be entitled to pay for a meeting which he does not attend and participate in its deliberations; provided, further, that no councilman shall receive more than (fifteen) $15.00 per annum. Salaries of mayor and councilmen. SEC. 11. 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 of the city, and also such other officer or officers, agents and servants of the city, as the city council shall consider expedient, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and 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 (thirty-five) $35.00 per year and said treasurer's salary shall not exceed (twenty-five) $25.00 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 Clarkston, 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 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

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appoint standing committees of the city council whose duties and powers shall be fixed by ordinance. All officers, agents and servants of the city, appointed or elected by the city council shall at all times be subject to the jurisdiction of the same and amenable to their discipline and the city council shall have the power at any time to suspend, fine, or remove any of said persons from the office or positions held by them respectively by a majority vote (the mayor voting), for any cause that may seem just or proper, after a fair opportunity to be heard. The mayor and 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 departments or branches of the government, functions, administrations, 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. Other officers annually elected by council. Term of office. Salaries. Duties. Oath. Bond. Policemen. Committees, of council. Discipline of officers. Board of health. SEC. 12. 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 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 of council. Absentees. Mayor's vote and veto. SEC. 13. Be it further enacted, That the mayor of the

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city shall be presiding officer of the city council. He shall also be the chief executive officer of the city government and shall see that all laws, ordinances, orders, by-laws, resolutions and regulations of the city council or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly perform their duties. He shall have special control of the police of the city and shall see that the peace and good order of the city are preserved and that persons and property therein 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 seem to him proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which same is being operated. He shall see that each department is being honestly and efficiently conducted upon business principles and without regard to politics. He shall require the business of the city to be promptly dispatched without favoritism to any person or interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of 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. 14. 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 corporate or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the mayor, or mayor pro tem., or under

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the written request of any two members of the board of councilmen, written notice of such special meetings shall be given each of 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 of council. SEC. 15. 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 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. Contracts. General welfare. SEC. 16. Be it further enacted, That the mayor and council shall have power and authority to require the railroads or street railroads running through said town or a portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such a 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 railroad shall fail or refuse to make such crossings within fifteen days or to repair the same within twenty-four hours after having been notified to do so by said city, the mayor and council shall have the power to create and make the same across the railroad or street railroad, and 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. Railroad crossings.

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SEC. 17. Be it further enacted, That the clerk of council of the city of Clarkston, and in the 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 the mayor and council, said book of registration to be kept open 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 DaKalb, city of Clarkston: 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 Clarkston 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 Clarkston. 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 and 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. Oath of voter. SEC. 18. Be it further enacted, That said mayor and councilmen shall have power and authority to open, lay out,

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widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said city, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners and 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 owner in front of which said trees are so set out and against the owner or owners thereof, and in the event the bill for said trees and expense of setting them out are not promptly paid, executions may be issued against the real estate so assessed and against the owner thereof, and levied and collected in the same manner as provided in the first part of this section as to improvements, etc., therein designated. Streets, etc. Assessments for improvements.

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SEC. 19. 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 waterclosets; and also the keeping of gunpowder, 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 the control and 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. Places of worship. Cemeteries. Nuisance abatement. Regulatory powers as to numerous matters. Fire. Animals. Dog tax. SEC. 20. Be it further enacted, That the city of Clarkston 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

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the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in section of the Code of Georgia of 1910, 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. Power to condemn lands. SEC. 21. Be it further enacted, That said mayor and councilmen of said city of Clarkston 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, gas, electricity, 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 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. Light and waterworks. SEC. 22. 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

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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. Street railroads and electric power plants. SEC. 23. 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 Clarkston 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. 24. Be it further enacted, That said mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises 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. Appropriations for advertising city resources, for conventions, etc. SEC. 25. 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

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same, and the Act of the General Assembly establishing a system of public schools for the city of Clarkston, 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 schools. SEC. 26. 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 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, lanes, 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; for the purpose of building a city hall, a public auditorum, 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 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

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subject and for published notice thereof as provided by the constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said city council; provided, always, That the limit of the total bonded indebtedness of said city, as fixed by the constitution of the State, shall never be exceeded. Should two thirds of the qualified voters of the city vote in favor of issuing bonds at any election called by such city council, as hereinbefore provided, then and in such event said city council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax payers, with all the qualities of commercial paper and all bonds heretofore issued by said municipal corporations shall likewise be binding upon the city of Clarkston. 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. Bond issues for what purposes. Bond elections. Bond tax. SEC. 27. Be it further enacted, That whenever any [Illegible Text] 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 by the city of Clarkston and taking care of and handling and investing the sinking fund provided and raised by the city for the payment of its bonds at maturity respectively to create a board of commissioners to be known as the sinking fund committee of the city of Clarkston, and to provide for the number of persons who shall compose

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said commission and for their election or appointment, their qualifications, 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. 28. 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 pure fresh 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 pipes and mains, 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 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

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properly protected so as to safeguard the lives and property of the public; to make such other regulations governing such electric and gas systems, and the transmission of gas and of the electric current as may be proper and expedient. Water and waterworks. Electric or gas works. 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 waterworks system be installed in said city, to see that the drainage and sewerage system of the city be extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making proper connections with the sewers and for flushing same, and to make compulsory upon people of the city where sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer system of the city; to see that the streets, lanes, alleys and public places of the city and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, night soil and other refuse and for the operation of crematories (should same be installed), and for keeping the city in perfectly sanitary condition in all respects; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city; also to cause the owners of lots and parcels of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front, and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells should 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,

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for appropriate penalties for the punishment of any persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. Drainage and sewerage. Sanitary inspectors and rules. SEC. 30. 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 person, place, or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall have authority to provide for the isolation of those affected 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 against diseases. Vaccination. SEC. 31. 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 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 the 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

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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 Clarkston, 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, small pox or other contagious or infectious diseases, including quarantine and sanitary purposes, and to be collected and used for no other purpose whatever, whenever, in the judgment of the mayor and councilmen, 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 first of each year, and shall become due and collectible as may be fixed by ordinance. Execution 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. Extraordinary or special tax. Lien of taxes. SEC. 32. 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, business, etc., shall be returned for taxation by the taxpayers and inhabitants of said city, and it shall be the power and duty of the assessor or assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in said city, and if in his or their judgment they shall find the property embracing 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

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his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, to appeal to the mayor and councilmen under such rules and regulations as they may prescribe. Returns for taxation. SEC. 33. Be it further enacted that said mayor and 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 vehicles of all kinds that are public, as well as private vehicles which are unusual in their nature and likely to injure the roadbeds 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 and establishments producing offensive odors or unusual noises or large quantities of smoke; also auctioneers, peddlers, pawn brokers, and all other classes or kinds of business within the police power of the city, and to fix the amount of license therefor and to collect the same. That the mayor and council shall have the authority in addition to the ad valorem tax herein provided for to levy a special tax on all billiard tables, ten pin alleys, nine pin alleys, box ball alleys and tables and alleys of any other kind used for the purpose of playing on with balls and 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 and 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 and avocations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises and incomes thereon. Said city council may close up and prohibit entirely any business, factory, establishment or place

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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. License taxes. Special taxes. Specific occupation tax. Dangerous nuisances. SEC. 34. 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 businesses 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 and registry of businesses. SEC. 35. 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 of more public places in said city for ten days before the day of sale, and if the property be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's 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 said city. Sales shall be made under the rules and laws governing

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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 fifty 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 now allowed to sheriffs in this State; provided, however, That the fees of all officers as mentioned, as well as of other officers in the city of Clarkston, who are now or who may thereafter be authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Tax executions. Levy and sale. Fees. SEC. 36. Be it further enacted, That the marshal or collecting officer of the city of Clarkston 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 transferer with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms 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 execution for assessment. SEC. 37. Be it further enacted, That 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

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deem necessary as to the manner in which such club shall be conducted, and punish violations thereof by a fine of not more than five hundred dollars or work upon the public works not more than ninety 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 alcoholic liquors. License of locker clubs. No authority to sell alcoholic liquor. 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 have been revoked, the officers and agents thereof, and all others participating in such operation, may be punished as provided in the preceding paragraph of this Section. Permit for club. Revocation not reviewable. SEC. 38. Be it further enacted, That whenever any execution issued by the proper authorities of said city for taxes, licenses, assessments, fines, forfeitures or any other charges or demands 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 the same is personal property; and if said affidavit is presented it 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

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illegality and the procedures in reference thereto being governed by the laws and rules governing such matters in the superior courts of the State. Execution, illegality of. SEC. 39. 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 to do so, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the last day as the said mayor and council by ordinance may require, such persons may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days, under the direction and control of the proper officer, or be confined in the guard house for a term not exceeding ten days, in the discretion of the mayor. Thirty days continuous residence within the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Street tax or work. SEC. 40. 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 interests of said city, which shall exceed the sum of five hundred dollars in amount, which shall be advertised by the city department in which said work, labor or materials properly belong in a 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 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 and economically. Bids for contract work.

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SEC. 41. Be it further enacted, That a police court is hereby created and established in said city, and the same is hereby clothed with all such powers as are inherent in courts generally, and as usually belong to municipal and corporation courts, as well as those hereinafter more particularly set forth. Said police court shall be held and conducted in such manner and at such times as the city council may 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 offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction, to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein and to render judgment on the same; and to also try all nuisances and questions arising in reference thereto and to grant judgment for the abatement of the same and 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 the 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 judge. (2) Said mayor or presiding officer of said court shall be, to all intents and purposes, a justice of the peace and shall be authorized and empowered to issue warrants for offenses committed within the jurisdiction of the city of Clarkston 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

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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 judge shall have the power and authority to commit such offender or offenders to the county jail of said county, or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction, to be held in and for said county. (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 a 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 issuance and collections 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 may be used at the option of the mayor and councilmen of said city. (4) Said mayor or other police court judges, 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 offense against the municipal ordinances or laws in force within the jurisdiction limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered

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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 judge of said court in such cases. (6) Said police court shall have power to compel the attendance of persons charged with violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of the 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 serving 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 case before said police court shall be tried as speedily as possible, with due regard to the right of the accused and of the city, continuances may be granted by the court upon the proper showings 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 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 the police court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinances of the city. And said mayor and council are hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly in the way

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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 such judgments. On the entering of such judgments the clerk of the city council shall issue an execution against the principal and surety or sureties on such bonds, in conformity with such judgment, and in the form and manner prescribed for executions issued 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 when 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 judge entered upon the police court docket, and shall be paid over to the city treasurer as the property of said city of Clarkston. (11) Said 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 as are usually incident and lawfully chargeable to the 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 said 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 payment

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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, heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Police court, and its jurisdiction. Presiding officer. Powers of a justice of the peace. Other powers. Contempts. Dockets. Summons. Witnesses. Speedy trials. Bond for appearance. Forfeiture. Money deposit. Forfeiture. Costs. Clerk and marshal. Certiorari. SEC. 42. 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 of said city as said mayor and council 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, and be put to work on said streets or public works in or around said city, as provided by such sentence. Chaingang. SEC. 43. Be it further enacted, That said mayor and council 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, 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 persons committing or attempting to commit crime or violating the laws or ordinances of the city, and confine them in the guard house to await their trial. Guard house. SEC. 44. Be it further enacted, That upon complaint being filed with the mayor, or in his absence or disability to act, with the mayor pro tem., by affidavit or in such

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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 marshal 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. Arrests, however, may be made by any of the officers or persons who are thereunto duly authorized as aforesaid, without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Arrests by said city officers may likewise be made in the one-half mile zone lying outside of the city limits as now defined or as may hereafter be constituted, as provided for in a previous section of this Act, and likewise the officers of the city may follow violators of the law and ordinances of the city and who are endeavoring to escape and to arrest them in such flight wherever they may be found in the State. Warrants for arrests. Arrests without warrants. Arrests out of city limits. SEC. 45. 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 arrest the 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 which obstruct the free passage of public streets, sidewalks, parks and other places, to preserve order at elections and at all public meetings and assemblages, to regulate movements of teams and vehicles in the streets and to prevent the violation of

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all laws and ordinances in force applicable to the police of the city, 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 the police force of this city; and may clothe watchmen at private plants or factories, and railroad watchmen, with police powers. Peace and order; duty of marshal and police force. SEC. 46. Be it further enacted, That said mayor and councilmen may 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 council may prescribe. It shall consist of a chief and of a sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the city council. The chief shall be the executive head of the department, and shall be responsible for the good order and sufficiency 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. 47. 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. SEC. 48. Be it further enacted, That said mayor and councilmen of said city of Clarkston 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 Clarkston without first being authorized to do so by consent of two-thirds of the qualified voters of the city at an election called upon the question. No encroachments sold. SEC. 49. Be it further enacted, That it shall be within the power of the city board or department especially affected,

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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 department, or of said city council, be necessary to carry out any ordinance or plan of the municipal government of the city of Clarkston, or to the best interests of the city or its inhabitants. Public service corporations, requirements of. SEC. 50. 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 city council shall have power in their discretion to relieve from said double tax for good cause shown. Double tax. SEC. 51. 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 Clarkston, 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 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 an impeachment as hereinbefore provided, and said contracts shall be void, and upon being convicted and removed from office by said impeachment proceedings, as provided in this charter, such person shall not be qualified to hold office or position with or in the government of said city, or any department thereof for the term of ten years thereafter. Unlawful interest in contract, etc.

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SEC. 52. 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 to perform the duties of his office, or such private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof, shall be subject to impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending officer where such right exists, but shall be cumulative thereof. Articles of impeachment shall be prepared and presented whenever so ordered, and in the manner that may be determined by the city council in each case. When it shall be determined by the city council that a trial shall be had under articles of impeachment prepared as above specified, the city attorney shall prosecute in the name of the city. The city council of said city shall have the sole right to try all impeachments, and when sitting for that purpose they shall be under same oath or affirmation taken by jurors in the trials of criminal cases in the superior courts of the State. When the mayor is tried a judge of the superior court shall preside. Neither the mayor nor any councilman 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 cases of impeachment shall extend no further than removal from office and disqualification to hold any office of trust, honor or profit under this charter, but the party convicted shall, nevertheless, also be liable and subject to indictment and trial and punishment, according to law, in the courts of the State having jurisdiction in such matters. Employees and officers who are employed at the pleasure of the city council, or any

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board or officer of the city, may be dropped at the pleasure of the appointing power. Impeachment of officers. SEC. 53. 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 or 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 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. Vehicles. Markets. SEC. 54. 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 pavement or improvements on such street as the said city council may deem proper, and 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. Railway tracks on paved streets.

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SEC. 55. 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 council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front, and provided further, that the assessment provided in this section shall not be made on a vacant lot 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 theron. Sanitary assessment. SEC. 56. Be it further enacted, That said mayor and councilmen or 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. Officer sued may justify thereunder. SEC. 57. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914.

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CLERMONT, TOWN OF, CHARTER AMENDED. No. 287. An Act to amend An Act to incorporate the town of Clermont, in the county of Hall, to define its limits; to provide for a mayor and council and other officers and election of same; to provide for municipal government for said town; to prescribe the powers and duties of the several offices and to provide for rules and ordinances, and for other purposes, approved August 11th, 1913, so as to decrease the territorial limits of the town of Clermont from one mile to one-half mile. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 2 of the original Act incorporating said town, as found in the Acts of 1913, and as approved on August 11, 1913, be and the same is hereby amended by striking the words one mile in the third line of said Section 2, and inserting in lieu thereof the words one-half mile, so that Section 2, when amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in every direction from the corner of King and Main streets of said town of Clermont. Act of 1913 amended. Territorial limits defined. 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 18, 1914.

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COBB, TOWN OF, INCORPORATED. No. 318. An Act to incorporate the town of Cobb, in the county of Sumter, State of Georgia; to grant certain powers and privileges to the same; to prohibit the sale of spirituous, vinous, malt or intoxicating liquors, near beer or any imitation thereof in said town, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Cobb, in the county of Sumter, be and the same is hereby incorporated as a town, under the name of Cobb. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of the mayor and council of the town of Cobb they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in the performance of their trust. Town of Cobb incorporated. Name. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile from the depot of the Seaboard Air Line Railway in every direction, located at what is now called Cobb station. Territorial limits defined. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Wednesday in October, 1914, there shall be held in said town an election for mayor and four councilmen, who shall hold their office for the term of two years from that date, or until their successors are elected and qualified, and the second year thereafter a like election shall be held. At all elections all persons who are qualified to vote for members of the General Assembly of Georgia under existing laws, and who have been bona fide residents of said town for sixty days immediately prior to the election to be held, and who before registering, as hereinafter required, have paid all taxes of every description legally imposed and directed by authority of the town, and who

Page 618

shall have been duly registered, as hereinafter required, shall be qualified voters. All of said elections shall be conducted under the management of a justice of the peace or notary public, who is ex-officio notary public, and two freeholders, residents of said town, not candidates in the election, may manage the same. The said managers shall conduct said elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at said election shall be opened at ten o'clock A. M. and closed at three o'clock P. M. The managers at each and all of the elections shall, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by reason of being freeholders or a justice of the peace or notary public (as the case may be) to hold the same; that we will make a just and true return hereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so, according to the charter of this town, nor knowingly prohibit any one to vote who is entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made or subscribed before some officer authorized to administer oaths, if such be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of the others. The managers at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town. Said certificate shall be sufficient authority to each of the persons elected to enter upon the discharge of their official duties after qualifications, as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and councilmen a like certificate and shall also certify the result of the election to the acting council, and the last said certificate shall be entered on the records of the mayor and town council. Said managers shall also

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furnish the town council one of the tally sheets of said election, certified to by themselves as correct. In the event that the mayor, or any member of the council shall die, resign or be removed from office, there shall be an election ordered to fill the vacancy, which shall be done by the mayor, or in case there is no mayor by a majority of the councilmen, upon ten days' notice in writing, in two of the most public places in the town, which election shall be held and conducted as hereinbefore provided. Election of mayor and council. Term of office. Qualified voters. Managers of elections. Conduct of elections. Oath of managers. Certificate of election. Tally sheets. Vacancies in office. SEC. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and council shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman, as the case may be) of the town of Cobb, Sumter County, Georgia, to the best of my ability and understanding, so help me God, which oath may be administered by any officer who, under the laws of Georgia, is authorized to administer oaths. Oath of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That after the first election held under this charter no person shall be allowed to vote in any election for said city, who has not been duly registered as hereinafter provided. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer, on the first Monday in September of every two years, to open a registration book, or books, for the registration of the qualified voters of said town. Said list shall be kept open from nine o'clock A. M. until twelve M., and from two o'clock P. M. until five o'clock P. M. each and every day, Sundays and legal holidays excepted, until the first Monday in October, when it shall be fairly and absolutely closed. It shall be the duty of said clerk and treasurer, upon the application in person and not by proxy, of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the town, and who

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upon the date of the election, if there be a resident, will have resided in the town for sixty days prior next thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business. Said clerk and treasurer shall not knowingly permit any one to register who is not lawfully, entitled to do so and may, in any case, before registering the applicant, administer unto him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in the county of Sumter for six months, and in this town for sixty days next preceding this registration, or that by the date of the next town election, if still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the election for which this registration is taken; that you are twenty-one years old and that you have paid all taxes due the town of cobb, and that you have made all the returns required of you by the ordinance of this town, so help you God. Registration of voters. Oath of voter. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting at an election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon a conviction thereof in either the superior court or the city court of Americus, Sumter County, Georgia, or in any other court having jurisdiction over misdemeanors committed in said county, he shall be punished as prescribed by law. Illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the good government of such town, the protection of the health, life, liberty, security and property of the inhabitants thereof, and have and enjoy all the rights, privileges and powers incident to such corporations, which does not militate against or which is not repugnant to the constitution or the laws of the United States or of the State of Georgia; that they may be capable in law and

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equity to have and purchase, hold and receive, enjoy and possess, and retain unto themselves and their successors in office, for the use of the town of Cobb, any estate, real or personal, the property of, or belonging to said corporation of whatever kind or nature, and shall have power to sell, alien or lease any real estate or personal property, the property of or belonging to said corporation, to convey the same or any part thereof in any manner or way as may seem to them best. Powers of mayor and council. SEC. 9. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and town council of Cobb shall have full power and authority, and shall prescribe by ordinance for an assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said city; to defray the ordinary annual expenses of the city government, and taxes not to exceed one-half of one per centum; to maintain a system of public schools as may hereafter be established, a tax not to exceed one-half of one percentum; and to pay any other extraordinary expenses of the city government, such tax not to exceed one-half of one per centum as may be necessary in the discretion of said mayor and town council. Any person owning or holding any property, real or personal, within the limits of said town, on the first day of March of each year shall return the same for taxation under oath at any time on and from the first day of March, until the first day of July of each year to the clerk and treasurer of said town. Taxation ad valorem. SEC. 10. Be it further enacted by the authority aforesaid that the mayor and town council shall have authority to appoint three freeholders, residents of said town, as a board of tax assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real or personal, made by every taxpayer of said town, and if in their judgment they shall find the property embraced in said returns, or any portion of it, returned below its value, they shall assess its true value, provided, that said assessors

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shall give the taxpayer written notice of their assessment, and in every case it shall be the privilege of the taxpayer to arbitrate with the assessors the value thereof, said arbitrators to be disinterested taxpayers residing in said town, one of whom shall be selected by the taxpayer, and these two, if they disagree, shall select a third person, and a majority of whom shall fix the value of the return, whose decision shall be final. Assessors of tax returns. Arbitration. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and town council of Cobb shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, water rent, light rent, license fees and taxes and assessments of every kind, and for fines and forfeitures, for paving or curbing sidewalks, lanes and alleys, or for laying sewers and drains, and for cleaning and repairing same. Such execution to be issued by the clerk and treasurer against the person, firm or corporation by whom any such debt may be due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold, as provided by Article 6, Section 879, et sequa, of Code of 1910, for municipal sales for taxes. Power to enforce collections. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cobb shall have the authority to tax all shows, auctioneers, slight-of-hand performers, circuses, gift enterprises and all business, trades and callings and establishments in said town as they may deem proper and just, and they may classify same in such manner as they deem best, provided same is not repugnant to the constitution and laws of this State. Taxation of businesses, shows, etc. SEC. 13. Be it further enacted by the authority aforesaid, That the keeping for sale, selling or offering to sell any spirituous or intoxicating liquors, near beer, or any imitation thereof, within the corporate limits of said town of Cobb, shall be and is hereby prohibited, and the mayor and town council of said town shall have no power or authority to license the sale thereof. Keeping of liquor for sale prohibited.

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SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town of Cobb shall be the executive officer of said town, and in his absence a mayor pro tem. (who shall be elected by the councilmen from their number). He shall see that the laws and ordinances of said town, the by-laws, rules and regulations and orders of the council are effectively executed. He shall have control of the marshal and police of the town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to see especially that the peace and good order of the town is preserved, and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous and disorderly persons in said town. He shall have power to impose fines not to exceed the sum of fifty dollars, or to sentence any offender against the laws or ordinances of said town, to be confined in the guard house of said town, or be required to work upon the streets or public works in said town for any length of time, not to exceed thirty days, or both, in his discretion, whenever they have violated any of the laws, by-laws, rules, ordinances or orders of the council. He shall have power to hold mayor's court for the hearing and determination of such offenders as may come before him, at such time and place as he may see fit and proper, and to cause the offender to appear in court by the service upon him of a summons, and for a failure to appear and preserve the order of said court he shall have power and authority to punish for contempt, not to exceed a fine of five dollars, or imprisonment in the guard house, or work upon the streets not to exceed five days, either or both of said punishments. Any defendant dissatisfied with the judgment of said mayor shall have the right to appeal by certiorari to the superior court of Sumter County, as provided for in cases of appeal by certiorari in the justice court. Mayor and mayor pro tem. Duties and powers. Mayor's court, powers of. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cobb shall have the right of eminent domain, as provided for under the constitution and laws of the State of Georgia. They shall have full power and complete control of the streets,

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alleys, sidewalks and squares of said town, and shall have power and authority to open, lay out, widen, straighten, or otherwise change all streets, sidewalks, maintain and keep the same. Whenever the said council of the town of Cobb shall exercise the power herein delegated and shall fail to agree with the owner or owners of the property taken or damaged as to the amount of damages, the mayor and council shall choose one appraiser and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being duly sworn to do justice to the parties, shall fix the damages to the owner, and if the property owner, after five days' notice shall fail to name an appraiser, the clerk and treasurer shall appoint one for him, and in every case where the two appraisers chosen shall, after the space of five days, fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraisers, provided, the said appraisers chosen in any manner herein provided for must be residents of said town. the award of the appraisers shall be in writing, and shall be filed within five days in the clerk's office of the superior court of Sumter County, and shall thereupon operate as a judgment, and execution may issue thereon. Either party within ten days from the filing of the award may enter an appeal to the superior court of Sumter County. Eminent domain, power of. Streets, etc. Damages, appraisement of. Award. Appeal. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to provide by ordinance for the building and construction of water works, gas works and electric light plants within the corporate limits of said town, and to grant franchises for said purposes not exceeding twenty years in duration from date of said grant, and to provide by ordinance for sanitary sewerage, and to provide for healthfulness of the water supply and protection of the lines, pipes, powers and wires used in the construction and operation thereof. Electric, gas and waterworks. SEC. 17. Be it further enacted by the authority aforesaid,

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That the mayor and council of said town shall have authority to establish a system of public schools, to be determined at an election held for that purpose, said election to be held under the rules and regulations of an election for mayor and councilmen. Said mayor and council of said town may provide for a board of education, or they may control and act in the capacity of a board of education themselves, provided they signify which method the school shall be operated under and whichever system is adopted shall not be changed during the scholastic year for which it was entered into. Should said mayor and council elect to act as a board of education they shall have full power and authority over the management and control of the schools in every respect, and should they elect to operate said schools under a board of education, then they shall elect said board of education by the mayor and aldermen of said town, which shall be composed of three men, to be residents of said town. Public schools. Board of education. SEC. 18. Be it further enacted by the authority aforesaid, That said town of Cobb shall have power and authority to issue bonds for any public improvement, to be determined by an election held for that purpose, as provided for by law in such cases. Bond issue. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and council, at their first meeting after the passage of this Act and at their first meeting after each bi-annual election, shall elect a clerk and treasurer of said town, either from among their own number, or from the citizens of said town, and they shall also elect a marshal of said town from among the citizens of said town, or any other person that they may see fit to elect. The clerk and treasurer and the said marshal shall each make and give the mayor and said council a bond in an amount to be fixed by them, and to be approved by the mayor and made payable to him, conditioned for the faithful performance of their duties. Clerk and treasurer. Marshal. Bond. SEC. 20. Be it further enacted by the authority aforesaid, That the said clerk and treasurer and the said marshal

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shall each receive such salaries or fees as the mayor and town council may fix and deem just and proper, subject to be changed at any time. The mayor and council shall receive such salaries as they may fix for themselves. Salaries or fees. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cobb shall have the power and authority to do any and all things which are usually done by corporations of like character in this State, which are not contrary to the constitution or laws of the United States or of this State. General powers. SEC. 22. Be it further enacted by the athority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 18, 1914. COLBERT, CITY OF, INCORPORATED. No. 530. An Act to create and incorporate the city of Colbert, in the county of Madison, and grant a charter to that municipality under that 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 evidence of indebtedness for public purposes, such as 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.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter designated and defined, located in the county of Madison, and State of Georgia, is hereby incorporated under the name and style of the city of Colbert, and the said city of Colbert is hereby chartered and made a city under the corporate name of the City of Colbert, and by that name shall have perpetual succession, and said corporation is hereby vested 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 specifically enumerated. City of Colbert incorporated. General powers. (a) Be it further enacted, That said corporate body, under the name and style of the city of Colbert, shall have right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain the use and benefit of 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. Corporate 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 town of Colbert shall succeed to and are hereby vested in the city of Colbert, created by this Act. Titles, succession of. (c) And said city of Colbert, 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 town of Colbert, as heretofore incorporated. Responsibility. (d) And said city of Colbert, through its council, as

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hereinafter provided for, shall have special powers to make all contracts it may deem necessary for the welfare of the city or its citizens, and specially to make contracts with private electric light plants, water works plants, or gas plants, for lights, water or power; to assess values of property, levy taxes thereon and collect same, and remove nuisances, and shall have full power and control over streets, lanes and alleys of said city. Contracts. SEC. 2. Be it further enacted, That the corporate limits of the city of Colbert shall be as follows: From a point in the center of Main Street and the center of the main track of the Seaboard Air Line Railway where said Seaboard Air Line Railway crosses said Main Street, the distance shall be one-half mile in every direction; in other words, one-half mile radius from said point. Territorial limits. SEC. 3. Be it further enacted, That any person convicted in the mayor's court may obtain certiorari directly from the decision of the officer presiding in said court under the same rules as certiorari is obtained from the decision of county judges in criminal cases, or he may waive this right to apply for certiorari, and may, within four days from the rendition of the mayor's decision in the mayor's court, enter an appeal to the council, who shall hear the case anew, and their decision shall be final. Certiorari and appeal. SEC. 4. Be it further enacted, That the government of the said city of Colbert shall be vested in a mayor and four councilmen. The present president of council and councilmen of the town of Colbert shall continue in office until the first day of January, 1915, and until their successors are elected and qualified, and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of the city of Colbert, created by this Act. Mayor and council. SEC. 5. Be it further enacted, That on the first Wednesday in December next there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and four councilmen, two of whom

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shall be elected for a term of one year 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 Wednesday in December of each year thereafter there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and on the first Wednesday 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 offices on the first day of January following said election. At the first regular meeting of the mayor and council after their election and qualification they shall elect one of their number mayor pro tem., whose term of office shall be one year. In the event of 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 or vacancies for the unexpired term. Election for mayor and council. Terms of office. Mayor pro tem. SEC. 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted by the qualified voters of said city shall be superintended and managed by a justice of the peace and two freeholders, who are citizens of said city, or by three freeholders, all of whom shall be citizens of said city, and each of said managers before entering on his duties shall take and subscribe before some justice of the peace or some other 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 city hall of said city, and the vote shall be by ballot. The polls shall open at nine o'clock A. M. and close at four 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

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appointed by the mayor and council, who shall pay for same by an order of the city treasurer. Managers of elections. Oath of managers. Election regulations. SEC. 7. Be it further enacted, That in elections for mayor and councilmen the superintendents shall deliver certificates of election to the persons they find have received the greatest number of votes for the office of mayor and councilmen, respectively. And returns sealed up and delivered to the clerk of the council, to be kept ten days, and if no contest be filed the returns to be destroyed without being opened. 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 ten dollars in advance to said clerk within two days, said clerk shall cause a copy of said notice to be served by the marshal on the contestee, if said contest is for an office; and if the result of any election in which any question is submitted is contested, then said clerk shall cause notice to be served on the mayor of said city and posted at three public places in said city. Said mayor shall set the time for hearing such contest, which shall not be later than ten days after notice has been perfected, of which time both parties shall have five days' notice before hearing. The contestor shall pay the marshal two dollars in advance for serving said notice. The mayor and council are authorized to hear and determine the contest, and the losing party shall pay all costs, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor and be signed by the clerk. Certificate of election. Contest. SEC. 8. 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 Colbert. Voters qualified.

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SEC. 9. 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 two years immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. Eligibility to office. SEC. 10. Be it further enacted, That on the first day of January, unless such day shall fall on Sunday, in which case the following Monday shall be used instead, following each election, the persons elected for the office of mayor and councilmen, or either, shall take and subscribe before some judicial officer, or the mayor of said city then in office, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor and councilman, as the case may be, of the city of Colbert, to the best of my skill and ability, and as shall seem to me for 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 their duties of their office. Oath of mayor and councilmen. SEC. 11. Be it further enacted, That at the first meeting in January, or as soon thereafter as possible, the mayor and council 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 appointed or elected by said mayor and council shall accept such offices subject to be suspended, removed or dismissed 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

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he had been appointed or elected had expired or not. The mayor and council at their discretion may elect or appoint the same person to discharge and perform the duties of more than one office. Officers elected by council. 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 before the council, and the majority of votes cast shall determine all questions and elections before the council. On all questions before the city council the mayor and mayor pro tem., if he is presiding, shall be entitled to vote only in case of a tie. Said mayor and council shall hold their meetings within the limits of the city and at such time and place as they may see proper. Quorum. SEC. 13. Be it further enacted, That the mayor and council shall provide for the registration of voters of the city; that the clerk of council shall be registrar, and that the registration books shall be opened on the first day of November of each year and kept open until five days before the first Wednesday in December. This list shall constitute the qualified voters for general elections, and all called elections, except elections upon issuance of bonds, when the registration books shall be opened twenty days before the date calling 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 privileges. 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 have paid all taxes, licenses, fines and assessments legally due the city of Colbert at the time of registration. That the mayor and council shall prescribe and appropriate oath in accordance with the provisions of this section, to which

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all persons registering shall subscribe, and this registration list, properly purged, shall constitute the qualified voters of the city of Colbert. Registration of voters. SEC. 14. Be it further enacted, That the mayor, and 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 trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of two hundred dollars, and imprisonment and labor on the public works of said 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. 15. Be it further enacted, 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 said 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 (if any in said county), or of the superior court of said county, and it shall be the duty of the jailer of Madison County to receive the persons so committed and keep them until discharged by due process of law. Warrants for arrests. SEC. 16. Be it further enacted, That it shall be the duty of the marshal or police of said city to make arrests of any person violating the ordinances of said city, with or without summons, and also with or without warrant. They shall likewise make arrest of any persons who have violated any of the statutes of the State, and their arrest for such violations is hereby authorized, either with or without warrants therefor. They shall perform such other duties as may be imposed by the laws of the State, and the

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ordinances of the council and orders of the administrative board. Arrests without warrant. SEC. 17. Be it further enacted, 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 of said 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 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. Mayor's vote and veto. SEC. 18. Be it further enacted, That the legislative department of said city shall be vested in the board of council. The mayor and board of council shall be styled the mayor and council. Legislation. SEC. 19. Be it further enacted, That the compensation or salary of mayor and council and all other officers, servants and employees of the city shall be such sum as the city council may fix, except that the compensation of the mayor and council must be fixed by the preceding council; the present council cannot fix their own salaries. No one in the city shall be relieved of street tax except such as are exempt under the laws of Georgia. Salaries. Street tax. SEC. 20. Be it further enacted, 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 good security in such amount as the mayor and council may direct, conditioned upon the faithful discharge of the duties of his office; he shall be sanitary inspector,

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and shall be sworn in as a policeman, and shall look after the licenses that may be assessed against any person, firm or corporation doing or carrying on any kind of business within said city, and 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 costs as are now allowed sheriffs for like service, and the same fees for selling, making titles and for advertising as are now allowed sheriffs for like service, but these fees shall not be perquisites of the marshal, but shall be paid over by him to the clerk of the council. Said city marshal shall make a monthly report of all executions collected by him, and the amount of cost 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 by the ordinances 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's duties. SEC. 21. Be it further enacted, That during the month of January of each year the city council shall elect from among the qualified voters of the city of Colbert three upright, intelligent freeholders, who shall act as city tax assessors, and whose duty it shall be to visit each city lot or other subdivision of land within the city of Colbert and place a fair valuation thereon, and whose duty it shall be to value all improvements and assess for taxes in the city of Colbert 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 complaint, if any should arise against city tax assessment, shall be heard and adjusted by the city council at the first regular meeting in each year, and if there should be an excessive number of complaints, then and in that event shall the city council continue its sessions from day to day until said complaints shall have been heard and adjusted, and the action of the council and the adjudication of said tax matters shall be final. Said assessors shall act in conjunction in making each and every assessment. Tax assessors. Adjustment of complaints.

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Before entering upon the duties of tax assessor each assesor shall take the following oath before a duly authorized officer: I,....., do solemnly swear that I will faithfully, impartially and intelligently perform the duty of city tax assessor of Colbert, Georgia, to the best of my ability, so help me God. In the event that from any cause the said city council should fail to procure the said board of city assessors, then and in that case the said city council may perform the duties of said city assessors. Oath of assessor. SEC. 22. Be it further enacted, That in case the mayor or any councilman while in office shall be guilty of malpractice, or wilful neglect of office, or abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the mayor and council, or by the council in the absence of the mayor, and upon a conviction by a majority of the entire body, shall be removed from office. Impeachment. SEC. 23. Be it further enacted, That at the first regular meeting of the mayor and council after the January meeting of each year, they may receive sealed proposals from the banks of Colbert to become city depository. Said proposals shall state the amount of interest such banks are willing to pay on the daily balances of cash deposited by the city, and the rate of interest they will charge the city on the average daily overdrafts of the city, and propose to render to the city clerk a statement 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 said banks for the city's deposit account. Bank depository. SEC. 24. Be it further enacted, 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 the mayor and council, and shall take and subscribe an oath to faithfully discharge their duties as police or policemen to the best of their ability, without fear, favor or affection. Policemen.

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SEC. 25. Be it further enacted, That it shall be the duty of the chief of police and the policemen to examine all the 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 all chimneys and flues and see that they 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 every ordinance is properly enforced. Chief and policemen, duties of. SEC. 26. Be it further enacted, That no person holding any office under the city of Colbert 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 city treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Incapability of contracting with city. SEC. 27. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of the city shall fall due, and in what length of time said taxes shall be paid, when execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Taxes, powers as to. SEC. 28. Be it further enacted, 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 thirty (30) cents 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 be hereafter issued by said city authority; and to provide a fund for the payment of the annual interest of said

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bonds, a greater ad valorem tax may be levied and collected; said mayor and council shall have the 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 same. Ad valorem tax. Purposes. Returns. SEC. 29. Be it further enacted, 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 policemen to kill any dog or dogs running at large in said city, whose owners fail to comply with said ordinance. Dog tax. SEC. 30. Be it further enacted, That all persons subject to general road duty between the ages of twenty-one and fifty who are not exempt from road duty under the State laws, shall be subject to street duty, and the mayor and council may provide when and how they shall work the streets. They shall be required to work not less than six days in one year, or in lieu of working said six days they may pay such a sum as may be fixed by the mayor and council, and at such time as may be fixed by ordinance. The mayor and council shall by ordinance provide how the tax shall be collected, and 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 work on the public works of the city not more than ten days. Street tax or work. SEC. 31. Be it further enacted, That the mayor and council shall have full power and authority to require any person, firm or corporation, whether resident or non-resident of said city, who may be engaged in, prosecute or carry on 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 such 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

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provide by ordinance for the punishment of such persons, firms, companies or corporations required by ordinance to register and pay such license taxes, or to take out such licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. Business registration and license tax. SEC. 32. Be it further enacted, That the mayor and council of said city shall have full power and authority to license and regulate all markets in said city, opera house, hacks and drays used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightning rod dealers, emigrant agents, all fire and life insurance companies doing business in said city, trades and professions of any kind not exempt under the laws of this State; itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of this State; also all persons running pool tables, billiard tables and all tables kept for playing or renting, all ten-pin alleys, nine-pin alleys or alleys of any kind which are kept for playing or rent; 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 the city, and all persons selling goods, wares or merchandise, by sample or 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 ordinances of the city passed in conformity with the provisions of this Act. Businesses licensed. SEC. 33. Be it further enacted, That the mayor and council of said city shall have power and authority to prevent mules, horses, cattle, sheep, dogs, goats and all other animals or fowls from running at large over the city, and to prevent 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 to charge for the keeping of any animals so impounded, and when the owners of such impounded

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animal or animals shall fail or refuse to pay the impounding fee and costs of keeping such 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. 34. Be it further enacted, That 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 spirituous, vinous, malt or intoxicating liquors are sold in such place or places, and to arrest the offenders, and upon the 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 the 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 full power to carry into effect and force the provisions of this section. Liquor selling place, abatement of, as a nuisance. SEC. 35. Be it further enacted, That the mayor and council shall have full power and authority to cause the owners of city lots, or parts of and cellars, if the same shall become a nuisance, or the board of health should recommend that lots and cellars should be filled or drained, to cause the owners of such lots or cellers to fill or drain such lots or cellars to the level of the alleys or streets on which said lots are located. Should the owners of such lots or cellars, or the accupant, 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 such lots or cellars, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax this cost against the property and collect same by execution issued, as provided by ordinance. Said mayor and council may be ordinance declare what shall be a nuisance in said city and provide for the abatement of same. Filling of lots and cellars.

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SEC. 36. Be it further enacted, That the mayor and council shall have full and complete control of the streets, sidewalks, public parks and alleys of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys and public parks in said city, and for the purpose of widening, straightening, grading or in any way changing the 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 manner as provided in Sections 4657-4685, inclusive, of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payment of costs accrued. The mayor and council shall have full power and authority to remove or cause to be removed, any buildings, steps, awnings or other obstructions 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 ordinances. Streets, etc., control. Condemnation of property. SEC. 37. Be it further enacted, That the mayor and council shall have full power and authority in their discretion to grade or otherwise improve the sidewalks, streets and alleys and drainage of the same, and they shall have full power to carry into effect this provision by proper ordinances. That said mayor and council shall also have full power and authority to provide, by ordinance, for the paving of any of the sidewalks of said city; that no sidewalk, however, shall be paved unless a majority of the property owners abutting on the same shall petition the mayor and council that said paving be done. The ordinance passed upon said petition shall provide that the abutting property owners shall be given notice and opportunity of doing said work, and upon their failure to do said work in twenty days then the mayor and council shall pave said sidewalk, and the actual cost of constructing the same shall be apportioned among the abutting property owners in proportion to the lineal frontage of each owner, and the amount shall

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be assessed against each by ordinance, and also against the abutting property, and if said assessment shall not be paid within thirty days from the date of said assessment, then execution shall issue against the owner and the property, which execution is hereby declared a special lien on the property; provided, however, that not more than two-thirds of the total cost of said paving shall be so assessed against the property owners. The enforcement of liens for paving, and the collection of the same, shall be requested by proper ordinances passed by the mayor and council. Street improvements. Sidewalk paving. SEC. 38. Be it further enacted, That the mayor and council shall have full power and authority to require the owner of any improved property in said city to provide suitable private, or water closet, accommodations upon such improved premises whenever in their judgment and the opinion of the city physicians such improvements are necessary to preserve the health and 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. Health regulations. SEC. 39. Be it further enacted, That the 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 materials buildings in said limit may be erected or covered, how high the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally 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 the authority to order any change in the constructon 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 premises pay expenses of such change, which may be collected as taxes are collected. If any persons, firms or corporations shall erect any building, or if there be already

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erected in the city limits any building dangerous to the protection from fire, or which the council may deem a nuisance, or which is not in accordance with the laws and ordinances of the city, said mayor and council may order such building removed, and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits and regulations. SEC. 40. Be it further enacted, That the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time and to have such powers and duties as the mayor ond council may be ordinance provide. Health board. SEC. 41. Be it further enacted, That the mayor and council shall have full power to require the railroads running through said city, or portion thereof to make and repair such crossings on their roads whenever and in such manner as such mayor and council shall deem necessary; to place, or repair, such crossings, or to open and keep open any and all streets in said city; and the mayor and council may pass any ordinance needful for carrying out the provisions of 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 said railroad company, and may issue executions therefor as other executions are issued by the clerk of the council, and collect the same as provided in tax executions. Railroad crossings. SEC. 42. Be it further enacted, 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 sign post, awnings, telegraph, telephone poles, horse

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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 or sidewalks and public places of the city. Also to compel any telephone or telegraph company having previously erected poles or wires in said city to remove the same to any reasonable location designated by the mayor and counsel, and in case said telephone or telegraph company shall fail to remove the same within thirty days, or such further time as the mayor and council may deem just and reasonable after having been duly notified to do so, said city shall have the right to remove the same at the expense of said company and collect the same by execution. Pipes and gutters. Street obstructions. SEC. 43. Be it further enacted, That the said city of Colbert 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, ether within or without the city, and if necessary, to condemn land and water rights for such purposes. Sewerage. SEC. 44. Be it further enacted, That the mayor and council shall have power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine and regulations against such diseases, and to punish violators of any quarantine regulations of said city. They shall have 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 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 contagious disease when in their judgment it is best for the welfare and health of the city; they shall have the power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ city physicians at the expense of the city to vaccinate all persons who are unable to procure

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said vaccinations and may provide by ordinance punishments for persons failing to be vaccinated. Contagious diseases. Vaccination. SEC. 45. Be it further enacted, That the mayor and council of said city shall have 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 limits of the city, and to regulate interments therein, and to expend annually a sufficient sum for the proper keeping of said cemeteries. Churches and cemeteries. SEC. 46. Be it further enacted, 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 and alleys on such terms and conditions as they may fix; provided, that franchises shall not be granted for more than a term of thirty (30) years; and provided further, that no franchises shall be exclusive, except by a vote of a majority of the legal voters of said city, nor without compensation to the city, to be provided for in said franchise ordinance. Franchises and easements. SEC. 47. Be it further enacted, That should any person violating any of the ordinances of said city 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 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 of this State, and the warrant of the mayor, or 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 for such escape, and upon conviction may be punished as prescribed by ordinance, the penalty not to exceed that hereinbefore provided for violation of city ordinances. Fugitives from justice. Warrant for arrest. SEC. 48. Be it further enacted, That the said mayor and council shall provide for the city a safe and suitable prison

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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's ordinances. Such chaingang shall be established and maintained in a manner provided by the general law of the establishing of chaingangs for the keeping of misdemeanor convicts. City prison. Chaingang. SEC. 49. Be it further enacted, That the 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 such ordinances and provide such penalties as may be necessary to carry out the provisions of this charter. Lewd and gaming houses and Sabbath violation. SEC. 50. Be it further enacted, That the mayor and council shall have the power and authority to control and regulate the running and operating of all locombiles, trains, street cars, and all vehicles for transportation for persons or freight; to prevent all unnecessary noise from automobiles, locomobiles, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens of the city of Colbert, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Running of vehicles and trains, regulation of. SEC. 51. Be it further enacted, That the mayor and council shall have power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits, and to prescribe penalties for the violation thereof. Idling and loitering. SEC. 52. Be it further enacted, 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 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

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Act; provided, such laws, ordinances, rules and regulations are not in conflict with the constitution of Georgia. General welfare. SEC. 53. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Five Forks, be and are, hereby consolidated and superseded 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 Colbert 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 town heretofore passed and now in force, which are not inconsistent with this Act, are continued as ordinances of the city of Colbert, in full force and effect until same have been repealed by ordinance or resolution of the mayor and council, as provided for this Act. Repeal of Acts as to Town of Five Forks, and of in. consistent ordinances. Approved August 17, 1914. COLLEGE PARK, CITY OF, CHARTER AMENDED. No. 383. An Act to amend an Act entitled An Act to repeal all laws and amendment to laws heretofore passed incorporating the city of Manchester; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16th, 1895, and laws amendatory thereof; so as to change the period for which the mayor and council of said city may grant franchises to corporations; to provide for the division of said city into wards and for the representation of such

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wards in the city council; to change the salary of the mayor of said city to $300.00 per annum and of each councilman to $100.00 per annum; to authorize said mayor and council to call an election for the purpose of voting on a bond issue of not more than $15,000.00 for the purpose of establishing a park or system of parks within said city, to authorize the said mayor and council to call an election for the purpose of voting on a bond issue of not more than $15,000.00 for the purpose of building and establishing certain sewer outfalls; to restrict the corporate limits of said city; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act entitled An Act to repeal all laws and amendments to laws hereto fore passed incorporating the city of Manchester; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16th, 1895, and laws amendatory thereof; be and the same are hereby amended as follows: Act of 1895 amended. SEC. 2. Be it enacted by the authority aforesaid, That from and after the passage of this Act, Section Three (3), of the Act amending the charter of the city of College Park, approved August 14th, 1908, is hereby amended so as to delegate to the mayor and council of said city the power to grant franchises to such corporations as are set out in said Section Three (3), of said Act, for a period of not exceeding ninety-nine (99) years; this amendment shall not be construed to mean that the remainder of said section three as to the terms upon which said franchise shall be granted and the manner in which the same are granted, is in any way changed. Act of 1908 amended. Grant of franchises. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the said

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city of College Park shall be divided into three political divisions named wards and said divisions shall be termed the first, second and third wards. The first ward of said city shall embrace all territory in said city limits lying between the corporate limits of said city on the North and Virginia Avenue on the south. The second ward of said city shall embrace all territory in said city limits lying between Virginia Avenue on the north and John Wesley Avenue on the south. The third ward of said city shall embrace all territory in said city limits lying between John Wesley Avenue on the north and the corporate limits of said city on the south. Be it further enacted by the authority aforesaid, That on the first Monday in December, 1914, one councilman shall be elected from each of said three wards and shall hold office for two years thereafter, when their successors shall be elected. That on the first Monday in December, 1915, one councilman shall be elected from each of the said three wards and shall hold office two years, when their successors shall be elected. Be it further enacted by the authority aforesaid, That only the qualified voters residing in such ward shall be eligible to vote for the council to represent that ward, namely that the candidate for council of any one ward shall be elected by the qualified voters residing in said ward. Be it further enacted by the authority aforesaid, That all persons qualified to vote in the general election for councilman in said city under the present city charter shall be eligible to vote for councilman from the ward in which such person resides; Provided such person shall be a bona fide resident of said ward at least thirty days continuously preceding the election. Any person shall be eligible to represent his ward in the council of said city who is eligible under the present charter of said city; provided, such person shall be a bona fide resident of the ward which he seeks to represent at least six months continuously before the election. Three wards. Boundaries. Councilmen from each ward. Voters qualified. SEC. 4. Be it further enacted by the authority aforesaid, That Section One (1) of the Act amending the charter of the city of College Park, approved August 14th, 1908, be,

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and the same is, hereby amended so as to change the salary of the mayor of said city to three hundred ($300.00) dollars per annum and the salary of each councilman of said city to one hundred ($100.00) dollars per annum; provided, that the change of salaries of said mayor and councilmen shall not take effect until the expiration of their present terms of office Act of 1908 further amended. Salary of mayor and of councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to establish, build, maintain and operate a public park or system of public parks within the corporate limits of said city, for the convenience, recreation and pleasure of the general public and said mayor and council are hereby authorized and empowered to acquire the necessary property, rights, franchises and easements therefor. Public parks. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council of the city of College Park are hereby authorized in their discretion, to issue and sell fifteen thousand ($15,000.00) dollars of bonds of said city of College Park, in such denominations as they may deem proper, each bond to be for not less than one hundred dollars and for not more than one thousand dollars, running for not more than thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal at or before the maturity of said bonds, the maturity of said bonds to be fixed by the said mayor and council, subject, however, to the thirty year restriction set out above; provided, said bonds shall not be sold below par; and provided, that the qualified voters of said city of College Park assent to the issue of said bonds, as provided by law, at an election which the mayor and council of said city are hereby authorized to call, at such time as they may deem proper, and in accordance with the general law for such election as provided for in

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Sections 440 to 443 inclusive, of the Political Code of the State of Georgia of 1910, and sections amendatory thereof, thirty days notice of which election shall be given by publication of such notice in the paper in which sheriff's advertisements are published Said election shall be governed by the rules and regulations as regular elections for mayor and councilmen of said city; the qualification of voters shall be the same, each voter shall have printed or written upon his ballot the words. For Park Bonds, or Against Park Bonds, and if the requisite two thirds of the voters of said city at said election or at any election herein provided for, shall vote for park bonds, it shall be the duty of said mayor and council to issue them. In the event the result of said election or any other election herein provided for, be against park bonds, then said mayor and council may from time to time call other elections for said purpose, under the same provisions herein provided, but no election hereunder shall be held earlier than six months after the preceding election. The first election provided for herein shall not be held earlier than October 1st, 1914. In the event said bonds shall be authorized, said mayor and council shall, at or before the time of issuing any of said bonds, provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest and shall be used for no other purpose. Said bonds shall be issued in conformity with the general laws for validating municipal bonds and when issued shall be sold and the proceeds arising therefrom shall be used for the purpose of establishing, building, maintaining and operating a public park or system of public parks as provided in Section Five of this Act, and for said purposes only. Bond issue. Bond election. Form of ballots. Bond tax. Purpose of bonds. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council of the city of College Park be, and they are hereby authorized, in their discretion, to

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issue and sell fifteen thousand dollars of bonds of said city of College Park, in such denominations as they may deem proper, each bond to be for not less than one hundred and for not more than one thousand dollars, running for not more than thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent per annum The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before maturity of said bonds to be fixed by the said mayor and council, subject, however, to the thirty years restriction set out above; provided, said bonds shall not be sold below par; and provided, that the qualified voters of said city of College Park assent to the issue of said bonds, as provided by law, at an election which the mayor and council of said city are hereby authorized to call, at such time as they may deem proper, and in accordance with the general law for such elections as provided for in Sections 440-443, inclusive, of the Political Code of the State of Georgia of 1910, and sections amendatory thereof, thirty days notice of which election shall be given by publication of such notice in the paper in which the sheriff's advertisements are published. Said election shall be by the same rules and regulations as regular elections for mayor and councilmen of said city; the qualification of voters shall be the same, each voter shall have printed or written upon his ballot the words For Sewer Outfall Bonds or Against Sewer Outfall Bonds, and if the requisite two-thirds of the voters of said city at said election or at any election herein provided for shall vote for sewer outfall bonds it shall be the duty of Mayor and Council to issue them. In the event the result of said election or any other election herein provided for, be against sewer outfall bonds, then said mayor and council may from time to time call other elections for said purpose, under the same provisions herein provided, but no election hereunder shall be held earlier than six months after the preceding election. The first election provided for herein shall not be held earlier than October 1st,

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1914. In the event said bonds shall be authorized said mayor and council shall, at or before the time of issuing any of said bonds, provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest and shall be used for no other purpose. Said bonds shall be issued in conformity with the general laws for validating municipal bonds and when issued be sold and the proceeds arising therefrom shall be used for the purpose of establishing, building, maintaining and operating such sewer outfalls as may be deemed by the said mayor and council, necessary in certain sections of said city of College Park, as are not at present provided for by the present sewerage system in said city; and for said purpose only and said mayor and council are hereby authorized and empowered to build, contract for, establish, maintain and operate such sewer outfalls as are provided for in this section. Bond issue. Bond election. Form of ballots. Bond tax. Purpose of bonds. SEC. 8. Be it further enacted by the authority aforesaid; that the said mayor and council of said city, be, and they are hereby authorized and empowered to do and perform all acts and things necessary and incident and operating and maintaining of said park or system of parks and of said Sewerage Outfall System; and to do any perform any and all acts and things necessary and usual and incident to the issue and sale of each and all of the bonds authorized under this Act and generally to do and perform all things usual, incident and necessary to the acts and things authorized under this Act. Parks. Bonds. SEC. 9. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the corporate limits of the said city of College Park shall be so changed as to exclude from said limits all that land in land lot 158 of the 14th district, of originally Henry, now Fulton

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County, Georgia, lying east of South Spring Street, as shown on the present map of said city, on file in the office of the clerk of said city. Said corporate limits being so changed in this Act as to run from the present corporate limits on the north where they intersect the eastern side of said Spring Street, southwesterly along the eastern side of said South Spring Street, to the north land lot line of land lot 159, of the 14th district of originally Henry, now Fulton County, Georgia, thence running east along said north land lot line of said land lot 159, to the point where the present corporate limits begin on said north land lot line. The present corporate limits of said city of College Park shall remain the same except as specified in this section. Corporate limits changed. 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 12, 1914. COLUMBUS, CITY OF, CONFIRMING DONATION BY COMMONS COMMISSION. No. 334. An Act confirming the action of the commons commissioners of the city of Columbus in donating to the city of Columbus for hospital purposes, a tract of land which is included between Seventh and Eighth Avenues, and between, formerly Cemetery now Sixteenth Street, on the north and Fifteenth Street on the south, and known in the plan of the survey of the city commons as block No. eleven (11); and vesting the fee simple title to said tract of land in the city of Columbus, and authorizing the city of Columbus to sell and convey the fee simple title thereto;

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the proceeds to be used and devoted only for the erection and equipment of a new city hospital, and for other purposes. WHEREAS, the commissioners of commons of the city of Columbus, by a resolution adopted at the regular March meeting held on the 10th day of March, 1893, donated to the city of Columbus a tract of land lying between Seventh and Eighth Avenues, and bounded by Cemetery Street on the north, and Fifteenth Street on the south, the same to be used for the location of a city hospital, or to be sold and the proceeds to be used for the erection and equipment of a city hospital, and for no other purposes whatsoever; and, Preamble. WHEREAS, it was provided in said resolution that the same should become a valid donation when ratified by an enabling Act of the Legislature of the State of Georgia; It is, therefore, enacted as follows: SECTION 1. Be it enacted by the General Assembly of Georgia, That the action of the commissioners of commons of the city of Columbus in donating to the city of Columbus, a municipal corporation in the county of Muscogee, a certain tract of land which is included between Seventh and Eighth Avenues, and between, formerly Cemetery, now Sixteenth Street on the north and Fifteenth Street on the south, and known in the plan of the survey of the city commons as block No. eleven (11), as is stipulated in a resolution adopted by the commissioners of commons of the city of Columbus, at a regular meeting held on the 10th day of March, 1893, be, and the same is, hereby ratified and confirmed and made valid and binding, and the title to said tract of land is hereby vested in the city of Columbus for the purpose expressed in the resolution of the commissioners of commons of the city of Columbus. Donation of land for hospitals confirmed. SEC. 2. Be it further enacted, That the city of Columbus be, and it is hereby invested with full power and authority to sell said tract of land specified in the first section of this Act, and make a deed of conveyance thereto, which said deed

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shall operate to convey the fee-simple title thereto to the purchaser or purchasers thereof. The proceeds arising from the sale of said tract of land shall be used for the purpose of enacting and equipping a city hospital to be owned by the city of Columbus, and for no other purpose. Authority to sell said land. Proceeds for a hospital. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1914. COLUMBUS, CITY OF, SALE OF COMMONS. No. 344. An Act to authorize the sale of part of the commons of the city of Columbus, at the northeast corner of the intersection of Eleventh (formerly St. Clair) Street and Sixth Avenue (formerly Mercer Street), known as the church building and parsonage property and lot of the First African Baptist Church of Columbus, Ga., and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Trustees of the First African Baptist Church of Columbus, Georgia, be, and they are, herein authorized and empowered to sell at public and private sale that part of the commons of the city of Columbus, Ga., situated at the northeast corner of the intersection of Eleventh (formerly St. Clair) Street and Sixth Avenue (former Mercer Street), known as the church building and parsonage property and lot of the First African Baptist Church of Columbus, Ga., being the same property described in a certain deed of conveyance of the board of commissioners of commons of the city of

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Columbus, to the trustees of said church, dated July 17, 1879, the dimensions of said lot being as follows: Begin at the said corner and run north along Sixth Avenue (formerly Mercer Street) two hundred and twenty-one feet (221 ft.), thence east one hundred and eight feet (108 ft.) more or less to the lands of the Central of Georgia Railway (formerly Muscogee Railroad) and now owned by Golden Foundry and Machine Company, thence south to Eleventh (formerly St. Clair) Street, thence west along said Eleventh Street to the point of beginning. Church trustees authorized to sell part of commons of city of Columbus. SEC. 2. Be it further enacted by the authority aforesaid, That the purchaser or purchasers, at the sale hereinbefore authorized, shall acquire an absolute and unconditional title to said property; but the said Trustees are required to reinvest the proceeds, derived from the sale thereof, in other property for church purposes for the use and benefit of said First African Baptist Church. Title. Proceeds of sale. SEC. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved August 6, 1914. COLUMBUS, CITY OF, EXTENSION OF LIMITS. No. 460. An Act to extend the corporate limits of the city of Columbus in Muscogee County, Georgia, so as to embrace part of the Coweta reserve lying immediately east of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the corporate limits of the city of Columbus, in Muscogee County, Georgia, be extended so as to include

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that territory lying immediately east of said city, being such parts of lots Numbers 9, 10, 11, 40, 41, 42, and 52, of the Coweta reserve as are embraced within the following boundary lines, to-wit.: Beginning at that point on the eastern limits of said city where the east line of Tenth Avenue intersects the southside of Sixteenth Street (formerly Linwood Drive) and running thence easterly along the south side of Sixteenth Street, to the point where said Sixteenth Street intersects Seventeenth Street (known as Werocoba Drive) thence east, along the south side of Seventeenth Street to the east side of Fifteenth Avenue, (formerly Batten Avenue) thence south along the east side of Fifteenth Avenue to the south side of a street known as Fifteenth Street (or Springer Road); thence west along the south side of said Fifteenth Street to the east side of Thirteenth Avenue where Thirteenth Avenue forms an angle with Fifteenth Street; thence south along the east side of Thirteenth Avenue to the south side of Fifteenth Street; thence west along the south side of Fifteenth Street to the present city limits on Tenth Avenue to the point of beginning. Territory annexed. Boundary lines. SEC. 2. Be it further enacted, That this Act shall become effective on and after September 1, 1915. Effective Sept. 1, 1915. 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, 1914. CONCORD, CITY OF, NEW CHARTER. No. 313. An Act to create a new charter for the city of Concord, Pike County, Georgia; to define the corporate limits of said city; to provide a municipal government for same; to

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declare and define its rights and powers; to repeal the Act of 1887 incorporating the town of Concord, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the municipal government of the city of Concord shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the city of Concord, and by that name shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity, or for any given length of time, any estate or estates, real or personal, lands and tenements of all kinds, within or without the corporate limits of said city for corporate purposes, and shall in general have all the powers incident to municipal corporations in this State which are necessary to regulate, make, maintain and preserve a proper legal government of said city, and declare what acts or what things shall be unlawful. City of Concord incorporated. General powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall extend one-half mile in every direction from the center of the Southern Railway Company's depot. Said limits may be extended, in any direction, at any time after the passage of this Act in the following manner; notice of an election to incorporate other territory shall be given by the mayor and council by posting three notices of same in public places in said city at least thirty days prior to the date for such election. Said election to be held under the same rules as apply to elections for mayor and council. All legal voters within the proposed extension shall be entitled to vote. A two-thirds majority of all votes cast shall be necessary before such measure shall be effective. All property included in the new territory shall be subject to taxation for municipal improvements made by the issuance of bonds previous to said corporate extension, but no back taxes shall be collected. Territorial limits defined, may be extended on popular vote.

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SEC. 3. Be it further enacted, That an election under this Act shall be held at such time and place as may be designated by the present mayor and council, in the city of Concord. On the first Saturday in August, 1914, and every year thereafter, for a mayor and five councilmen, to serve one year, and until their successors are elected and qualified. Mayor and five councilmen to be elected. SEC. 4. Be it enacted, That any person eligible to vote for members of the General Assembly and for mayor and councilmen shall be eligible to the offices of mayor and council, or for any other office herein provided for. All citizens who are entitled to vote for members of the General Assembly are entitled to vote for mayor and councilmen; provided, that said voter has resided within the limits of said city thirty days prior to the election in which he desires to vote, and has paid all taxes due by him to said city of Concord. A justice of the peace and two free holders, residents of said city, or three free holders and residents of said city, shall prescribe and act as election managers, who shall, before opening the polls, take an oath before some one qualified to administer oaths, or before each other, the following oath: I, A B, do solemnly swear to conduct this election fairly in every respect, and to use my best efforts to prevent any illegal voting. The mayor and council shall prescribe the place for holding all elections; the time for opening and closing the same, and for payment of the election managers. When election for city officials are closed and the votes duly counted the person or persons receiving the highest number of votes shall be declared elected, and said managers shall promptly notify said persons of their election. At the annual election for mayor and councilmen the persons elected shall qualify and assume the duties of their respective offices on Monday following the date of their election. Voters qualified. Managers of election. Oath of managers. Place and time. SEC. 5. Be it further enacted, That the mayor and councilmen-elect, before entering the duties of their respective offices, shall take and subscribe before some one who is qualified to administer oaths, the following oath: I, A B, do solemnly swear that I will discharge the duties of the

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office to which I am elected, impartially and to the best of my knowledge and ability, so help me God. Oath of mayor and councilmen. SEC. 6. Be it further enacted, That the mayor and council, at their first regular meeting, shall elect a mayor pro tem., who, when the mayor is absent from the city, sick, or for any reason disqualified from discharging any of the duties of his office, shall act and prescribe as mayor, and shall be clothed with all of the power and authority conferred upon the mayor by this Act. The mayor and council, in case of a vacancy in the office of either mayor or council, by death, resignation, removal from the city, expulsion from office or for any other reason shall have power to order an election to fill the same; provided, as much as six months of the term of office has not expired, and if the unexpired term is not as much as six months, then, in case of a vacancy in the office of mayor, the mayor pro tem. shall discharge the duties of that office, and in case of a vacancy or vacancies in the office of councilmen, the same shall remain unfilled unless the number is reduced below four, in which event the vacancy or vacancies shall be filled by an election. Public notice of such elections shall be given at least ten days in advance and shall be held in the same manner as a regular election. Mayor pro tem. Vacancy in office, how filled. SEC. 7. Be it further enacted, That to constitute a quorum there must be present the mayor and a majority of the councilmen in office, or of the mayor pro tem. and a majority of the councilmen in office, not counting the mayor pro tem. Quorum of council. SEC. 8. Be it further enacted, That the mayor and council shall have power to punish, either by fine, censure, imprisonment or expulsion from office, the mayor or any member of council, for absence from the meetings without a reasonable and valid excuse, disorderly behavior or misconduct of any kind, but a two-thirds majority of the entire vote in office shall be necessary to expel either mayor or councilmen from office. Punishment for misconduct.

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SEC. 9. Be it further enacted, That at their first regular meeting the mayor and council shall elect a clerk and treasurer, for the term of one year, who shall be the clerical officer of the mayor and council, and his duties shall be such as may be prescribed by ordinances of the city and by the mayor and council. He shall be required to give bond with good security, in such sum as may be prescribed by the mayor and council. Any member of council shall be eligible to this office in addition to his office of councilman, and any other person who is eligible to the office of mayor and councilman shall be eligible to said office. Whenever the population of the city reaches two thousand or more, the office of clerk and treasurer shall be filled by a direct vote of the city as is prescribed by State law. Clerk and treasurer; his term, bond, duties, etc. SEC. 10. Be it further enacted, That at their first regular meeting, or as soon thereafter as is practicable, the mayor and council shall elect a chief of police, whose term of office shall expire with that of the mayor and council who elected him. His salary shall be such as may be fixed by the mayor and council. He shall be required to give bond with good security, in such sum as the mayor and council may direct. Said chief of police shall be ex-officio marshal of the city of Concord, and shall have the authority and power of a marshal, and shall have charge of and collect all fi fas issued by the clerk and treasurer. His term of office shall expire at the pleasure of the council for good and sufficient cause, and shall in no case extend beyond the year or term of the mayor and council, who elect him. Chief of police. SEC. 11. Be it further enacted, That the mayor and council shall have power to adopt and enforce such ordinances, rules and regulations as they may deem proper, for the control of the market or markets of said city; to secure order and quiet; to protect the health of said city; to protect the morals of the people of said city; to prevent fire or the spread thereof; to prescribe fire limits and the character of buildings to be erected within or without such limits; to condemn buildings which are or may become dangerous to life or health; to establish and maintain a fire department;

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to establish a quarantine against the introduction within said limits of any contagious or infectious diseases, and to prevent the spread of same should they exist within said city; to prescribe a license fee to be paid by any person engaged in any kind of business within said city; to prescribe fees and charges for all common carriers within said city; to prescribe a license fee to be paid by any person engaged in giving exhibitions, shows, lectures or any public entertainment of any kind; to provide by ordinance what shall constitute a nuisance, and by ordinance provide for the abatement of the same; to regulate and prevent habitual idleness and loitering at any public place, and to impose penalties for same; to prevent children from loitering within the business section of the city; to fix an hour or time at night, after which all persons found on the street shall be required to give an account of themselves and their business, and any other ordinances necessary to health, peace and good government of said city. Ordinances, rules and regulations; power to adopt. SEC. 12. Be it further enacted, That the mayor shall hold and preside over a court in said city which shall be called the mayors court, for the trial of all offenders against the laws, ordinances, rules and regulations of said city, as often as may be necessary, or at such times as may be fixed by the mayor and council. The said court shall have power to preserve order, compel the production of books and papers to be used as evidence, and to punish for contempt the disobedience of any of its mandates, or any unseemly conduct. The said court shall have power to punish, after conviction, any and all violations of the charter, ordinances, rules and regulations of said city, by a fine not exceeding two hundred dollars, or confinement at labor in the city chaingang not exceeding six months, either or both in the discretion of said court. The said court shall have power to punish for contempt by a fine not exceeding twenty-five dollars, or ten days in the city jail; either or both in the discretion of said court. Mayor's court. SEC. 13. Be it further enacted, That the mayor shall have all the power of a justice of the peace in all matters

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related to or connected with this charter, and shall issue warrants against and try offenders charged with a violation of any ordinances or rules of said city or any laws of this State that are committed within said city, and hear evidence on such charges, and bind over the defendants to the State courts, or commit them to the jail of Pike County where cases are not bailable, or where parties refuse or are unable to give bond. Mayor's powers as a justice. SEC. 14. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant, any person within the corporate limits of said city, who at the time of arrest is guilty of violating any ordinance of said city or any law of this State where the policeman or marshal does not see the offense committed, or where the person accused is not trying to escape, no arrest shall be made without a warrant, unless it appears that a failure of justice will occur for lack of an officer to issue a warrant; in such cases, arrests may be made without a warrant. Any person arrested, with or without a warrant may be held in the city jail a reasonable length of time, or until a proper hearing can be given them. The policemen of said city shall be authorized to the same extent as sheriffs of this State, to execute warrants placed in their hands. The marshal and policeman of said city are also authorized to make arrests anywhere within this State, of any person charged with violating any ordinances of said city; provided, when arrest is not made within twenty-four hours after the offense charged is committed, said officers are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to a written warrant, signed by the mayor, or mayor pro tem. The marshal or any city policeman may take bond payable to the mayor of said city for the appearance of any person arrested by them, for appearances before the mayor's court for trial, and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the mayor. Arrests without warrant. Warrants for arrest. Bond on arrest. SEC. 15. Be it further enacted, That the mayor and council shall have power to organize one or more chaingangs

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or workgangs, and confine therein persons who have been sentenced by the mayor's court of said city to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through proper officers. Chaingang. SEC. 16. Be it further enacted, That the mayor, when any persons are arraigned before the mayor's court for a violation of any city ordinances, rules or regulations, may for sufficient cause shown by either side, continue the hearing to such a 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 the accused may be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, and an execution issued thereon, after serving the defendant, if any be found and his security with a rule nisi, at least five days before the hearing of said rule nisi requiring him or her, or them, to show cause why said bond should not be forfeited. Bond for appearance. Forfeiture. SEC. 17. Be it further enacted, That the said mayor's court of said city shall have the same jurisdiction and power over the forcing of witnesses to attend trials in said court as the superior courts of this State have in forcing the attendance of witnesses in such courts, and the presiding officer of the mayor's court in said city of Concord shall have the right to punish for contempts as hereinbefore provided. Jurisdiction of mayor's court. SEC. 18. Be it further enacted, That the mayor and council shall have the power and authority to prescribe the place, and the manner and mode of trying offenders against the laws and ordinances of said city, as to the form of accusation made and the manner of conducting such trials. Trials. SEC. 19. Be it further enacted, That all executions in favor of the city of Concord, for the enforcement and collection of any fines, forfeitures, assessments, taxes of any kind, or other claims, demand or debt, shall be issued by

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the clerk and treasurer of said city and bear test in the name of the mayor, and shall be directed to the chief of police or marshal of said city, and shall state for what issued, and be made returnable to the mayor and council of the city of Concord at least within ninety days after issue of 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 executions, in the same manner respectively, as sheriff's or constables sales are required to be by law. All of such sales to be at the place and within the usual hours of sale of sheriff's and constables, except that all such sales shall be made at some designated point in the city of Concord, and to be made under the same rules and regulations that govern sheriffs and constables sales of similar property, for like causes both real and personal, and for all taxes due said city, shall be the same as provided by law for sales under execution, for state and county taxes. Said executions shall be returned to the clerk and treasurer after same have been duly satisfied. All sales and conveyances made under execution shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making any sale shall have full power and authority to put the purchaser in full possession of the property sold by them, and evict the occupant of said property if there be any, as provided by law. The owner of any lands sold as above shall have the right to redeem same as provided by law, and the city of Concord shall have power to bid on and buy any property sold by its officers under execution by the city, and shall have power to dispose of same as provided by the law of this State. Executions. Levy and sale. Redemption. SEC. 20. Be it further enacted, That the mayor and council shall have the right and authority to levy and collect upon all property within said city, real or personal, and upon all moneys, notes, accounts, stocks, bonds, and all other species of personal property owned by residents of said city; provided, said tax rate shall not be greater than the State law prescribes. Tax levy, and rate.

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SEC. 21. Be it further enacted, That the mayor and council of said city shall have power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc., livery stables and lots, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions of all kinds; itinerant lightning rod dealers, peddlers of clocks, stoves, machines or any other article of merchandise whatever; itinerant venders of any and all kinds of goods, wares, merchandise or other things; pool and bagatelle table 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 other contrivances; bicycles, vehicles or skating rinks; insurance agents, life, fire, accident or other insurance company or companies; loan agents and bankers, brokers and commission merchants of all kinds; keepers of slaughter houses, beef markets, green grocers, dealers in fish and oysters, or fish, vegetables, fruits, bread or other articles of food; contractors and builders, and all machinists or artisans; barber shops, junk shops, pawn brokers, and upon all and every other establishment, business, calling, trade, avocation or profession not heretofore mentioned. Should any person engage or continue in any business, trade, profession or calling for which any specific tax or license is required by said city by ordinance, and shall refuse to pay the same on demand of the proper authority of said city, such person or persons shall be liable to prosecution in the mayors court of said city, and may be fined or imprisoned in the discretion of the court. The provisions of this section shall apply to all persons, natural or artificial. Licenses of businesses, etc. SEC. 22. 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 in said city for any business for which a license is

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required, at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for the whole year; provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 23. Be it further enacted, That the mayor and council shall have authority to classify business and to arrange the various business trades and professions carried on in said city into such classes of subjects for taxation as they may deem just and proper. Classification of businesses for taxation. SEC. 24. Be it further enacted, That the mayor and council of said city shall have the power to require every male inhabitant of said city, who by the law of the State is subject to work on the public roads, to work such length of time on the streets of said city, as the mayor and council may by ordinance direct, in no case to exceed ten days in one year; provided, said person so subject to street work may relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which said tax shall not exceed five dollars in any one year. Said street work to be done, and commutation tax to be paid at such times as said mayor and council may by ordinance direct. Any person subject to work, or pay such tax, and failing to do so after being duly notified may be punished in the mayors court, as the mayor and council by ordinance may direct. Street tax or work. SEC. 25. Be it further enacted, That the mayor and council may revoke any license granted to any person, when it shall appear that said person or persons are keeping a place for immoral or illegal purposes, or who permit the gathering of boisterous or riotous assemblages in or around their place of business, and they may declare such a place a nuisance, and abate the same as such. Revocation of license. SEC. 26. Be it further enacted, That the mayor and council shall have the power to take up and impound any horses, mules, cattle hogs or dogs running at large within

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the limits of said city, and to pass such ordinances as they may deem necessary for the regulation of stock within said city; also to levy such a tax as they may deem proper on dogs and to provide any necessary ordinances with regard to same. Impounding of animals. Dog tax. SEC. 27. Be it further enacted, that the mayor and council shall have power to regulate the use of all sidewalks, crosswalks and bridges over and under the same; to require the owners or occupants of any premises to keep the sidewalks in front of or along the same free from obstruction of any kind; to regulate and prevent the throwing of ashes, dirt, filth, offal, garbage, or any offensive matter into any street, lane, alley, sidewalk or any public place within the city limits, or into any stream of water adjacent to the city; to prevent any injury to the streets, sidewalks, lanes or avenues or to any public grounds or buildings of the city; also to regulate or prohibit the use of the public streets or grounds for signs, sign posts, awanings, telegraph or telephone or other poles, horse racks and troughs, and the posting of hand bills and advertisements, and to prohibit the scattering on and over the streets and sidewalks of waste paper, refuse, sweepings, boxes or other litter, and to regulate and provide for curbs and gutters that flow into the streets or on the sidewalks of said city. Regulation of sidewalks, etc. SEC. 28. Be it further enacted, That the mayor and council of said city are hereby expressly empowered to pass any ordinance, not in conflict with the laws of the State or United States, to prohibit the storage or keeping of wines, beer, malt, cider, or alcoholic or intoxicating liquors of any kind, for sale or any illegal purpose; that the police or marshal of said city shall have power and authority, to enter, and if necessary to break open and enter any place in said city, when the mayor and council shall have reasonable cause to believe or suspect that any of said liquors are kept in violation of law, and to seize the stock of liquors and the apparatus for selling same; to arrest any person or persons keeping on hand or selling such liquors, and upon conviction

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such persons may be punished as provided in Section 12 of this Act. Liquors, powers as to. SEC. 29. Be it further enacted, that the mayor and council of said city shall have full power, whenever they deem it wise and proper, to require railroads in said corporation limits to make crossings on their several roads where they cross the streets in said city, to remove any obstructions which said roads have made, or caused to be made on said crossings and to pass ordinances needful for carrying out the provisions of this section, and in case said railroads fail or refuse to make said crossings after due notice has been given that such is required, the mayor and council shall have power to put same across such railroads, at the expense of said railroads, and may issue their executions and levy and collect the same, as provided by law for the execution of municipal taxes. The said mayor and council shall have power to pass regulations prohibiting the unreasonable blocking or closing of any street or road crossing in said city by trains or cars. Said mayor and council shall have power to regulate the speed of all kinds of trains or locomotives in said city; also the speed of automobiles, wagons, buggies, hacks, drays, horses, bicycles, motor cycles and everything else that moves on wheels or feet. Said mayor and council shall also have power to regulate the operation of automobiles and other motor vehicles. Railroad crossings. Speed of railroad trains, and of other vehicles. SEC. 30. Be it further enacted, That the mayor and council shall have full power and authority to care for and make any and all needed repairs to the cemetery now in said city; to buy or purchase new cemeteries within or without the city limits; to lay walks and drives, to plant grass, trees or shrubbery, and to do anything they may deem wise and proper to ornament and make attractive and desirable said cemetery; to grant or sell by deed any vacant lots for the burial of the dead. They shall have power to say where the dead shall or shall not be buried within the corporate limits of the city, and in any cemeteries the city may own or control. They shall have authority to employ a manager or

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sexton, or any other employee for the same and for whatever else they may deem best to preserve, protect and beautify said burial places. They shall have the right to draw on the ordinary expense funds of the city for said purposes, or upon any other funds not otherwise appropriated according to law. Cemeteries. SEC. 31. Be it further enacted, That the mayor and council shall have power 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, grade, and fill, curb, pave, drain and repair the same. They shall have full power to prescribe rules and regulations for laying out, constructing and maintaining the same, and shall have power to pave the whole or any part of any street, avenue, alley, sidewalk, crossing or other passage way of said city. They shall also have power to provide by ordinance for the curbing and paving of all squares, triangles, streets 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 same, to have power to reject any work not performed in compliance with such prescribed regulations. They shall have full power and authority to require any street, avenue, alley, sidewalk, street crossing, and railroad crossings, or other passage ways to be paved, in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving and curbing the streets shall be borne by the city, and the other two-thirds by the abutting property owners in just proportion to the foot frontage of said property. The entire expense of paving sidewalks, lanes and alleys, shall be borne by the abutting property awners in just proportion to the foot frontage of their property thereon. whenever the mayor and council shall determine to pave any street, avenue, alley, sidewalk, street crossing or railroad crossing or other passage ways in said city, they shall require

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the clerk and treasurer 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 owner to pay into the treasury of said 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 clerk and treasurer of said city shall at once issue against said property owner or owners execution against said property, which shall be a lien on said property superior to all other liens except for taxes, and said execution shall be levied on said property by the chief of police or marshal, and the same advertised and sold at public auction in accordance with the laws of this state governing the sale of property under judgment and execution by sheriff's and constables. Streets, opening and improvement of. Assessment of abutting property. Execution for assessment. SEC. 32. Be it further enacted, That the mayor and council shall have power and authority to provide for the erection and maintainance in said city of gas works, electric light works, waterworks, and to that end may give or sell franchises under such rules and regulations, and for such period of time as they may deem wise and proper. They may also grant to individuals and corporations the use of the streets, alleys and commons of said city under such rules and regulations as they may deem proper. They are hereby authorized to make contracts with individuals or corporations for the erection of gas works, gas lights, electric lights or waterworks, and may pay such amounts for purchase or rentals of same as they may deem proper. Whenever the mayor and council shall contract for either gas, light or water, for the use of said city, they may, by ordinance, if they deem best, limit the rates to individual consumers. The mayor and council shall have power to regulate the building and operation of said gas, light or waterworks, and impose upon their owners, operators, or lessees, such duties, obligations, restrictions and liabilities as they may

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deem just and equitable for the protection of the citizens of said city. Said mayor and council may also pass and enforce such ordinances as become necessary for the protection of the owners, operators or lessees of such works. Gas, electric and waterworks. SEC. 33. Be it further enacted, That the said mayor and council shall have power to grant rights-of-way to railroads, street railroads, electric light lines, telegraphs and telephone lines throughout the streets and alleys of said city, upon such terms and restrictions as the mayor and council may prescribe. Rights of way in streets. SEC. 34. Be it further enacted, That the mayor and council shall have power and authority to acquire on behalf of the city of Concord by gift, purchase or otherwise, grounds suitable for such park or parks, either within or without the corporate limits of said city, 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 maintain the same, and to that end may provide such officers and employees as in their judgment may be necessary and compensate them for their services. They shall have the right to draw on the ordinary expense fund of the city for said purposes, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 35. Be it further enacted, That the mayor and council 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 Concord, for the purchase or erection of a system of gas or electric lights, waterworks, sanitary sewerage, crematory, street paving, public buildings, or any other lawful purpose. Any and all elections, called or held under this section of this Act, shall be held as prescribed by the constitution and laws of this State; any and all bonds that may be issued from time to time, the issuing thereof, the sale of same, the handling of the proceeds of such sales, taxation and funds to pay interest on, and redeem bonds at maturity, and all other

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matters pertaining to bonds for the city of Concord, shall be done in accordance with the laws of Georgia, pertaining to the issuing of bonds by municipalities. No local Act or amendment of this charter shall be necessary to give the authority to call and order elections for the above named or any other legal purposes. Bond issue election. Purposes of bonds. SEC. 36. Be it further enacted, That whenever it may become necessary in the building or maintaining of any public utility, or in carrying out any other lawful enterprise for the best interests of the city, whether within or without the corporate limits of said city, or in the changing of any street, alley or sidewalk, or the laying out of any new street, alley or sidewalk, the city shall have power to condemn and acquire any lands that may be needed for said purposes in the following manner: The clerk and treasurer shall give written notice to landowners who may be affected by such condemnation, describing the lands to be taken, when and where condemnation trials shall be held, which date shall not be less than ten days from the issuing of such notice. The mayor and council shall select two freeholders and residents of said city and the property owners claiming damages shall select two freeholders and residents of said city; the four thus selected shall select a fifth freeholder and resident. Before beginning their duties they shall take an oath before some one qualified to administer oaths, that they will faithfully discharge their duties, without fear, favor or affection. After hearing all material evidence from both sides, they shall write their awards and at least three of them sign same, after which said written award shall be promptly handed to the clerk and treasurer. If they shall find in favor of the property owner or owners, the amount of the award shall be paid from any money in the city treasury not otherwise provided for. Each property owner shall have the right to above proceedings individually or where more than one is affected, they may proceed collectively if they so desire. The mayor and council shall have the right to abandon any work they may have planned for or undertaken when the awards of the arbitrators appear excessive or unreasonable. Condemnation of land for streets, etc. Award of damages.

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SEC. 37. Be it further enacted, That the mayor and council shall have power to provide rules and regulations for the registration of voters in said city. SEC. 38. Be it further enacted, That the mayor and council shall have authority to appoint tax assessors, whose duty shall be to assess all taxable property within said city. Said board of assessors shall consist of three upright citizens and freeholders of said city. The mayor and council shall by ordinance prescribe when assessments shall be made and when returned. Any person who may be dissatisfied with the assessment on his property, may appeal to the mayor and council, and their decision shall be final. Tax assessors. Appeal. SEC. 39. Be it further enacted, That the mayor and council shall have authority to employ a city attorney, and city physician, and any other officers or employees they may deem necessary at any time, for the welfare and good government of said city, on such terms and for such length of time as they may deem best. No officer or employee shall continue his office or position longer than the expiration of the term of office of the mayor and council who gave the positions, unless re-elected or appointed by a succeeding mayor and council. Attorney, physician and other officers. SEC. 40. Be it further enacted, That the mayor and council shall have power to prescribe the territory within which any business trade, or profession may be carried on in said city, and they shall have power to specify the hours within which any business, trade or profession may be carried on within said city; provided, that the authority conferred by this section shall never be used except for the welfare, advantage and best interests of the citizens of said city. Territory and hours of business or trade. SEC. 41. Be it further enacted, That the mayor and council shall have power to segregate the different races of people within said city limits, both as regards their places of residence and the business, trades or professions in which they may engage; they shall have power to prescribe the territory to be occupied by the different races as to

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their places of abode and their various callings and to prevent members of other races from living or carrying on any kind of business in such prescribed territory. Segregation of races of people. SEC. 42. Be it further enacted, That the said mayor and council shall have power to require all persons to secure a permit before erecting any building of any kind, large or small, within the corporate limits of said city; to require all persons seeking such permit to submit plans and specifications of the building to be erected, to show the materials to be used, describing the location to be occupied and the purpose for such building. Said mayor and council, or any officer or committee appointed or elected by them, shall have power to refuse a permit to any person, when it shall appear that such building, the material used, the location or the purpose for same, is unwise, improper, or contrary to ordinances, rules or regulations of said city. The mayor and council shall have power to make any ordinances, rules or regulations they may deem wise and proper and for the carrying out and enforcement of the provisions in this section. Building permits. SEC. 43. Be it further enacted, That the mayor and council shall have authority to employ an accountant to inspect the books of any officer or employee of the said city at any time they may deem fit to do so, and to pay for the services of such accountant such amount as they deem reasonable and just. Accountant to examine books. SEC. 44. Be it further enacted, That the salaries of the mayor and council, clerk and treasurer, and all other officials and employees of said city shall be such sum for each as the mayor and council may fix; provided, that the salary of the mayor shall not exceed two hundred dollars per year; that the salary of the councilmen shall not exceed twenty-five dollars per year, and the salary of the clerk and treasurer shall not exceed two hundred dollars per year; but the mayor and council and such other officers as they see fit, may be exempted from street tax or street work. The mayor and council shall not have the right to increase their own

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salaries during their term of office, but may increase or decrease the salaries for the next succeeding term of office; provided, any change in salaries must be made at least sixty days in advance of the annual election, and when not done by the time specified, the salaries shall remain the same as for the preceding year. Nothing in this Act, shall affect the fees or salaries of the present officers of the city, but the admisintration now in office may fix the salaries of the officials succeeding them under this Act. Salaries of officers. SEC. 45. Be it further enacted, That all legal contracts heretofore intered into by the town of Concord, as incorporated under a former Act, or the corporate authorities of same, or any lands or other property acquired by same, shall be good and valid for or against the city of Concord as incorporated under this Act. All rights and liabilities of the town of Concord shall accrue and survive, to and against the city of Concord as incorporated under this Act. All rules, ordinances and regulations now of force and not in conflict with this charter, shall remain valid and undisturbed by this Act, and shall be of full force until changed or repealed by proper authority. Existing contracts valid. Rights and liabilities survive. Ordinances of force. SEC. 46. Be it further enacted, That the Act of Oct. 24th, 1887, incorporating the town of Concord and conferring powers on same, is hereby repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. COOLIDGE, TOWN OF, CHARTER AMENDED. No. 315. An Act to amend an Act incorporating the town of Coolidge in the county of Thomas, State of Georgia, approved December 10, 1901, so as to provide for the extension

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of the corporate limits of said town; to change the time for holding election for mayor and councilmen; to authorize the mayor when presiding in the police court to impose a fine of offenders not exceeding one hundred ($100.00) dollars; to provide for the collection of an ad valorem tax of ten (10) mills; to provide for the election of a marshal and secretary and treasurer by vote of the qualified voters, and in the same manner and at the same time that elections are held for mayor and councilmen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That section two (2) of the Act approved December 10th, 1901, incorporating the town of Coolidge, in the county of Thomas, State of Georgia, be, and the same is, hereby amended by striking from said Section Two (2) of said Act the following words: one-half mile in every direction from a center at the intersection of Arbutus Avenue and the Tifton, Thomasville and Gulf Railroad, in said town of Coolidge, and substituting in lieu thereof the following: Three-fourths of a mile in each direction from a center of the intersection of Pine Street and Japonica Avenue, so that said section when amended shall read as follows: Act of 1901 amended. Section 2 to be read as amended. Be it further enacted by the Authority aforesaid, That the corporate limits of said town shall extend three-fourths (3/4) of a mile in each direction from a center at the intersection of Pine Street and Japonica Avenue. Territorial limits. SEC. 2. That Section Four (4) of said Act be amended by striking therefrom the words: second Monday in January, 1903, and substituting in lieu thereof the following: first Mondays in December of each year, so that said section when amended shall read as follows: Section 4 to be read as amended. That an election shall be held in said town on the first Monday in December of each year, and annually thereafter, for a mayor and six (6) councilmen, to serve for one year, and until their successors are elected and qualified; said election to be held in said town under the supervision of

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the justice of the peace of the district, G. M., and of three freeholders resident in said town. The polls shall be opened by eight o'clock A. M. and closed at 5 o'clock P. M., standard time. No one shall be entitled to vote in said election, or in any municipal election in said town, unless he is a duly registered voter of said town; said election shall be conducted in all respects as elections for members of the General Assembly in this State, except that only two lists of voters and two tally sheets need be kept, except as herein provided. Election of mayor and six councilmen. Voters must be registered. SEC. 3. That Section Ten (10) of said Act be amended by striking from said section the words: not exceeding one-half of one per cent and substituting in lieu thereof the words ten (10) mills, so that said section when amended shall read as follows: Section 10 to be read as amended. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to levy and collect a tax upon all and every species of property in said town subject to State tax; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, trade and profession carried on in said town; to tax all theatrical performances, shows and exhibitions for gain; upon bank insurance, telegraph and express agencies in said town, or of any profit in said town; to tax all itinerant traders or peddlers; all venders of patent medicines, drugs, books, nostrums, or devices of any kind, or solicitors or canvassers selling goods, wares or merchandise, by sample or retail, or to customers; all said taxes (except tax on real and personal property, which shall be ad valorem, and not exceeding ten (10) mills for ordinary current expenses) shall be in the nature of a license, which must be paid in advance of doing business or carrying on a trade or occupation, or canvassing, or offering for sale any of the articles above set forth; and the said mayor and councilmen shall provide by ordinance for the punishment of said parties required to take out license, who do, or attempt to do, any business before taking out license, and complying fully

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with all the requirements of said mayor and councilmen made with reference thereto. Taxing powers. SEC. 4. That Section Eighteen (18) of said Act be, and the same is, hereby amended by striking therefrom the figures twenty-five ($25.00) dollars in the seventh (7) line of said said section and substituting in lieu thereof the figures one hundred ($100.00) dollars. Section 18 amended. SEC. 5. Be it further enacted, That Section Nine (9) of said Act be amended by striking therefrom Section Nine (9) and substituting in lieu thereof the following: That said mayor and councilmen shall have power at any regular meeting to elect a clerk, policemen, chaingang keeper and guards, a sexton or cemetery keeper; that a marshal and secretary and treasurer of said town shall be elected annually by a vote of the qualified voters of said town in the same manner and at the same time that elections are held for mayor and councilmen; that said mayor and councilmen shall have the right to regulate the time, mode and manner of electing each and all of said officers, except the marshal and secretary and treasurer, who shall be elected as herein provided; that said mayor and council shall have the right to fix fees and salaries of all of said officers or to take their bond, and prescribe their powers and duties; and shall also have power to provide for the appointment of a health officer and a board of health, and to prescribe their powers and duties. Section 9 amended. Election of officers by mayor and council. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. CORDELE, CITY OF, CHARTER AMENDED. No. 400. An Act to amend an Act creating a new charter for the city of Cordele, said Act approved August 21st, 1911, and

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found on pages 990 to 1042 of the published Acts of the General Assembly of Georgia, 1911, 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 89 of the Act of 1911, creating a new charter for the city of Cordele, be, and the same is, hereby amended as follows: by adding after the sentence one-third of the expense of paving streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the abutting front footage of said property, occurring on page 1029 of the printed Acts of 1911, by adding the following: provided, any street railroad or other railroad company having a track, or tracks, running along or across any of the streets, avenues or alleys of said city, which may now, or which may hereafter be paved, shall be required to pay the cost in full for such paving, macadamizing or otherwise improving such street, avenue or alley between their track or tracks and for three feet on each side thereof. The mayor and city council of Cordele shall have full and complete authority to pave or otherwise improve, and to contract to pave and otherwise improve, the entire surface of any street, avenue or alley of said city without giving to any railroad company or other occupant or property owner on such street, avenue, or alley, the option to have the space paved or otherwise improved by themselves, or by a contract at its, or his, instance, the object being to secure uniformity; provided further, where any street, avenue or alley of said city shall extend longitudinally along the right of way of any railroad company or when the right of way or property of such railroad company abuts any street, avenue or alley or street crossing, said railroad company shall be treated in all respects as an abutting property owner, and the assessment shall be made accordingly, and by adding after the words: except liens for taxes, occurring in the last line of said section at the bottom of page 129 of said Act of 1911, the following: and said execution

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may be recorded in the office of the clerk of the superior court of Crisp County upon the general execution docket, as other executions are recorded, and by adding after the words, said marshal or chief of police shall make to the purchaser a good and valid deed thereto, conveying title as fully as sheriffs of this State are authorized to do at public sales under judgment and execution, the following: provided, the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and specifying fully and distinctly the grounds of such denial of liability and stating what amounts he admits to be due, which amount so admitted to be due shall be paid or tendered to the mayor and city council of Cordele at the time, or before such affidavit is tendered and received; said affidavit so received shall be returned to the superior court of Crisp County, and there tried, and the issues determined, as in case of affidavit for delay, provided, the judge of the superior court of Crisp County shall have authority to hear and determine all questions touching the sufficiency of said affidavit at any time before the time when said cause would regularly come up for trial, so that said section, when so amended shall read as follows: Section 89. Be it further enacted, That the mayor and aldermen of the city of Cordele shall have power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said city, and shall have the power to vacate, close up, open, alter, fill, curb, pave, drain and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same and shall also have the power of curbing and paving the whole or any part of any street, avenue, alley, sidewalk, crossing or other passageway of said city. They shall also have the power to prescribe by ordinance for the curbing and 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

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shall be given and when the work shall be completed, to supervise the construction of same, and to have power to reject any work not performed in compliance with such prescribed regulations. They shall have full power and authority to require any street, avenue, or alley, sidewalk, street crossing, or railroad crossing, or other passageway to be paved in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the front footage of said property, provided, that any street railroad company or other railroad company having a track or tracks running along or across any of the streets, avenues, or alleys of said city, which may now, or may hereafter be paved, shall be required to pay the cost in full for paving, macadamizing or otherwise improving said street, avenue or alley the full space between their track or tracks, and for the space of three feet on each side thereof. The mayor and city council of Cordele shall have full power and authority to pave and otherwise improve, and to contract to pave and otherwise improve, the entire surface of any street, avenue, or alley of said city without giving to any railroad company or other occupant, or property owner on such street, avenue, or alley, the option to have the space paved, or otherwise improved by themselves, or by a contract at its, or his, instance, the object being to prevent delay and secure uniformity; provided, further, that where any street, alley or avenue of said city may extend longitudinally along the right of way of any railroad company, or when the right of way or property of such railroad company abuts a street, avenue, alley or street crossing, said railroad company shall be treated in all respects as an abutting property owner, and the assessment shall be made accordingly. The entire expense of paving sidewalks, lanes and alleys shall be borne by the abutting property owners in just proportion to the front footage of their property thereon. Whenever the mayor and city council of Cordele shall determine to pave any street, avenue, or alleys, or sidewalk, street crossing or

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railroad crossing 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 such property therefor, and said city shall proceed at once to do such paving, or cause it to be done, and when the same is completed it shall be the duty of the property owner to pay into the treasury of the city, within twenty days from and after the 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 liens for taxes, and said execution shall be levied upon 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 sheriffs. Said marshal, or chief of police, shall make to the purchaser a good and valid deed thereto, conveying title as fully as sheriffs of this State are authorized to do at public sales under judgment and execution; provided, the defendant shall have the right to file an affidavit denying the whole, or any part of the amount for which the execution issued is due, specifying fully and distinctly the grounds of such denial of liability and stating what amount he admits to be due, which amount, so admitted to be due, shall be paid, or tendered, to the mayor and city council of Cordele at the time, or before the affidavit is tendered and received. Said affidavit so received shall be returned to the superior court of Crisp County, and there be tried and the issues determined, as in cases of affidavit for delay; provided, the judge of the superior court of Crisp County shall have authority to hear and determine all questions touching the sufficiency of said affidavit at any time before the time when said cause would regularly come up for trial. The city of Cordele 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

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said city, said marshal, or chief of police, being empowered to and authorized to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Act of 1911 amended. To be read as amended. Paving of streets; assessment of cost on railroads and other owners of property. Affidavit of illegality. SEC. 2. Be it further enacted by the authority aforesaid, When the mayor and city council of said city shall determine to pave or otherwise improve any street, alley, avenue, or sidewalk, upon which any public property abuts, such as the county court house and jail of Crisp county, then, and in that event, the cost of such paving or improvement shall be assessed and collected in the same manner and for the same amount as said mayor and city council of Cordele are herein authorized to assess the cost of paving, or improving, against private abutting property, and when any street, alley, avenue or sidewalk upon which said public property abuts is so paved, or otherwise improved, and the authorities in charge of said property fail or refuse to pay for such paving or other improvement, then, and in that event, the mayor and city council of Cordele shall have the right to enforce the payment of same in the manner pointed out in the preceding section against the owners of private property, and the public authorities in charge of such property shall likewise have the right to contest the amount in the same manner as private parties may defend or in any other manner provided by law. Street paving, enforcement of executions for. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of the foregoing sections shall apply to any and all executions yet uninforced by sale of property or collection which may have been issued, or which may hereafter be issued, and the rights of defense in such section given shall accrue to all defendants in execution against whom executions may have heretofore issued, or may hereafter issue. SEC. 4. Be it further enacted by the authority aforesaid, That nothing in the preceding sections of this amendment shall, in any manner be construed to alter, change, or effect the powers, rights and duties conferred upon the bond commission of the city of Cordele, as contained in the Act of the General Assembly of Georgia, approved

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August 21, 1912, and the several Acts amendatory thereof, but in all respects the powers, duties and rights of said bond commission shall be and remain as therein provided. Bond commission not affected. SEC. 5. Be it further enacted by the authority aforesaid, That Section 15 of the Act creating a new charter for the city of Cordele, said section to be found on page 998 of the printed Acts of the General Assembly of Georgia, 1911, be and the same is amended as follows: by striking from the second line of said section the words, first regular meeting of the city council in January, and inserting in lieu thereof, at the last regular meeting of the city council in December, so that said section when so amended shall read as follows: Section 15. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Cordele shall elect annually at the last regular meeting of the city council in December a mayor pro tem., whose duty it shall be to act in all cases as the mayor in the absence, or disqualification, of the mayor, during which time he shall be clothed with all the necessary powers of mayor; also elect a clerk and treasurer, city marshal, or police chief, and also such number of policement as they may deem best for the protection of the city, and they may also from time to time increase the number of policemen as the growth of the city may require. They shall also have the right to pass such rules and regulations and ordinances for the management of the police force as they may deem necessary. Act of 1911 further amended. SEC. 6. Be it further enacted by the authority aforesaid, That Section 16 of said Act of 1911, found on page 999 of the printed Acts of 1911, be and the same is hereby amended, as follows: by striking said section and inserting in lieu thereof the following: Section 16. Be it further enacted by the authority aforesaid, That all of said officers referred to in the preceding section shall hold their respective offices for one year from the first day of January next succeeding their election, and until their successors are elected and qualified.

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SEC. 7. Be it further enacted by the authority aforesaid, That Section 31 of said Act of 1911, found on page 1004 of the printed Acts of the General Assembly of 1911, be and the same is hereby amended, as follows: by striking from said section the words, at the first regular meeting in January of each year, and inserting in lieu thereof, at the last regular meeting in December, so that said section when amended shall read, as follows: Section 31. Be it further enacted by the authority aforesaid, That all salaries of all officers of the city of Cordele shall be fixed by the mayor and city council of Cordele at the last regular meeting in December of each year, which salary shall not be increased or diminshed during the term for which said officers were elected. SEC. 8. Be it further enacted by the authority aforesaid, That Section 99 of the Act of 1911, creating a new charter for the city of Cordele, and found on page 1033 of the printed Acts of the General Assembly of Georgia, 1911, be and the same is hereby amended by adding the words, and personal property, after the words, value the real estate, occurring in the fourth line of said section, so that said section, when so amended shall read as follows: Section 99. Be it further enacted, That the mayor and aldermen shall have power and authority each year, if in their discretion they shall see proper, to appoint three tax assessors, whose duty it shall be to value the real estate and personal property in said city for taxation, and to scrutinize carefully each return of property for taxation, either real or personalty, by any taxpayer of said city, and if in their judgment they shall find the property embraced in the return, or any protion of it, returned below the proper value, they shall assess the value thereof. 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 12, 1914.

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CRANDALL, TOWN OF, NEW CHARTER. No. 314. An Act to repeal an Act approved August 22, 1907, incorporating the town of Crandall, in the county of Murray, State of Georgia, and to provide a new charter for said town, and for the election of a mayor and councilmen; to 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 authority of the same, That from and after the passage of this Act an Act approved August 22d, 1907, incorporating the town of Crandall, in the county of Murray, in said State, be and the same is hereby repealed, and that in lieu thereof the following shall be the charter for the town of Crandall. Act of 1907 repealed. SEC. 2. Be it further enacted, That the municipal government of the town of Crandall, in the county of Murray, shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate, under the name and style of the mayor and councilmen of the town of Crandall, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name, within the limits of said town, and to sell, alien, exchange, lease or convey the same or any part thereof and do all other acts relating to their corporate capacity consistent with the constitution and laws of said State. Town of Crandall, government. Corporate name. General powers. SEC. 3. Be it further enacted, That the corporate limits of said town of Crandall, beginning at the Louisville and Nashville depot, shall extend one-fourth of a mile south

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and three-eighths of a mile east, for forty-three hundred and eighty-nine (4389) feet north, and west to the east side of the Federal road, the west boundary of said town to extend along the east side of said Federal road, with the meanderings of the same. Territorial limits defined. SEC. 4. Be it further enacted, That J. H. Plemans be, and he is hereby, appointed mayor of said town, and C. S. Phillips, D. B. McCollum, N. B. Bates and M. E. Claer be, and they are, hereby appointed councilmen of said town, to hold their office until the first election of mayor and councilmen of said town, on the first Saturday in January, 1915, and until their successors are elected and qualified. The above-named officers to enter upon the duties of their office immediately after the passage of this Act, and that on the first Saturday in January, 1915, and annually thereafter, an election for mayor and four councilmen shall be held, who shall hold their office for one year and until their successors are elected and qualified, and the polls of said election shall be opened at nine o'clock in the forenoon and closed at three o'clock in the afternoon; said election shall be held under the superintendence of a justice of the peace or notary public of the militia district in which said town is located, and two freeholders, or by three freeholders of said town, and each of said managers, before entering upon his duties, shall take an oath before some justice of the peace, or they may swear each other, and that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power, and in case the said managers of said election shall have any doubt as to the qualification of any voter they shall have power to administer the following oath: You, A. B., do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States, and have resided for the last ninety days in the limits of said corporation and have paid all taxes legally imposed and demanded of you by the council or its authorities; so help you God. And any person who shall take either of said oaths falsely shall be liable to indictment and punished as for a misdemeanor. Mayor and council named. Election of successors. Term of office. Election managers. Oath of managers. Oath of voter.

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SEC. 5. Be it further enacted, that the person or persons receiving the highest number of votes at any election for mayor and councilmen, respectively, shall be declared duly elected. SEC. 6. Be it further enacted, That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the town, and shall reside ninety days within the limits of the corporation, and no others shall be qualified to vote at an election for officers of said town. Voters qualified. SEC. 7. Be it further enacted, That no person shall be qualified to hold the office of mayor or councilman, who has not been a bona fide resident citizen of said town for the period of six months at the time of election to either of said offices. Eligibility of mayor and councilmen. SEC. 8. Be it further enacted, That in case a vacancy occurs in any of the offices in said town, an election may be held after ten days' notice of same, posted at three or more public places in said town, said notice given by the person highest in authority in said council, said election to be held as other elections in said town, and the person or persons elected shall hold office until their successors are elected and qualified. Vacancy in office, how filled. SEC. 9. Be it further enacted, That the managers of elections in said town, shall immediately upon the closing of the polls proceed to count the votes and declare the result of the election. 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, any when they have counted all the votes they shall certify said tally sheet and a list of voters on same, showing that they are correct, and seal them up and deliver to one of their number, to be by him kept sealed without inspection for thirty days, and at the expiration of thirty days he shall destroy them without inspection, unless notice of a contest of said election is filed. Lists of voters and tally sheets.

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SEC. 10. Be it further enacted, That the persons elected shall be notified by the election managers of their elections, and shall, on the following Thursday night, or as soon thereafter as possible, next after the election, meet and take the oath of office before some one authorized to administer oaths, or they may swear each other, which oath shall be as follows: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor or councilman of the town of Crandall, to the best of my skill and ability; so help me God. They shall then forthwith enter upon their duties. Oath of office. SEC. 11. Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen shall be fixed by them at the first meeting after their election each year, 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 never exceed fifty dollars per annum. Said mayor and council shall elect their marshals, clerks, treasurers and such other officers as are, in their opinion, necessary to carry out the provisions of this charter, fix their compensations and take such bonds as are necessary and usual in such cases, and prescribe an oath to be administered to them before entering upon the discharge of their duties; provided, that no salary shall be paid any officer until the vote of the majority of said town shall recommend the payment of the same, said vote to be taken at any regular election of mayor and councilmen of said town, except the salary of the marshal, which shall be fixed by the mayor and council. Salaries. SEC. 12. Be it further enacted, That at the first meeting of the mayor and councilmen of said town they shall elect one of their number a mayor pro tem., who shall have authority to perform the duties whenever from sickness, absence or other cause, the mayor is disqualified or cannot act. Mayor pro tem. SEC. 13. Be it further enacted, That there shall be a mayor's court in said town, to be held by the mayor in the

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council chamber or some other convenient place in said town, as often as is necessary. Said court shall have power to preserve order and compel the attendance of witnesses and to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding ten dollars, either or both. In the absence or disqualification of the mayor and the mayor pro tem. of said town any member of said council may preside over said court and exercise the power of mayor of said town in the trial of cases. Mayor's court. SEC. 14. 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 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 courts. SEC. 15. 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 shall be faithfully executed; he shall look after the finances of the town, making reports to the council from time to time, showing the receipts and disbursements of all departments, and the status of said town generally; he shall have general jurisdiction of the affairs of said town, not in conflict with the duties of the mayor and council as a body corporate; he shall have control of the police of said town and may appoint special police when 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 to hold courts 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 justice of the peace of said State. Mayor's duties and powers.

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SEC. 16. 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 may 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 or fowls, in said town, and provide for the impounding of such animals or fowls at the expense of the owner thereof, and for the sale of the same to pay the expenses of the impounding, including feed bills. Nuisances. Animals running at large. SEC. 17. Be it further enacted, That the mayor and council of said town shall have control of the streets, sidewalks, alleys, bridges, cemeteries and all public property in said town, and they may prohibit any encroachment thereon, or interference therewith, and they shall have the power to locate all cemeteries, and the burial of the dead therein, in said town. They shall have the power to lay off and open new streets and alleys, to widen and straighten any street or alley in said town, and for these and public purposes they may condemn the owner's property in the manner now provided by law for condemning property for public use, the damage to be paid out of the town treasury. Control of streets, bridges, cemeteries. SEC. 18. Be it further enacted, That said mayor and council shall have authority to require every male inhabitant of said town who has resided in said town thirty days and is within the ages of from twenty-one 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 five 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 the 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 to be paid at such times as the council may prescribe. Any

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person failing to pay such commutation tax shall be punished in the manner prescribed by ordinance. Street tax or work. SEC. 19. Be it further enacted, That in all cases when necessary tax, fire, forfeiture, commutation or license fees are not 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 upon any property of the defendant in such fi. fa., and after advertising the same at three or more public places in said town, to proceed to sue the same, under the same rules and regulations as constable sales are held under the laws of Georgia. Executions for taxes, etc. SEC. 20. Be it further enacted, That immediately after the passage of this Act, the mayor and councilmen provided for herein shall proceed to levy and collect for town purposes a tax upon all property, both real and personal, in said town, for the year 1914, not to exceed one-fourth of one per cent. And the said mayor and council shall annually thereafter levy and collect a tax for town purposes upon all classes of property, not to exceed one-half of one per cent. The said mayor and council shall have authority, in addition to said tax, to levy and collect annually a tax, not to exceed one-fourth of one per cent., to be known as a school tax, which said tax shall be used for the purpose, and no other, of maintaining a school in said town, as an independent school, or in connection with the county public school in said town; said taxes to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in Sections 862 and 863 of the Code of 1910, said property to be assessed at its value on the first day of April each year. Provided, however, the taxpayers shall first have the right to give in their tax under oath, during the month of April, and when so given in, said assessors may, in their discretion decrease or increase said returns so as to get at its true value. Said mayor and council shall have the right, without said board of assessors, to fix and collect, if they deem necessary, by execution a special tax or license on all kinds of business,

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callings, professions, or occupations 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. Tax levy and rate ad valorem. School tax. Assessment for taxes. License tax on occupations. SEC. 21. 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 such meetings the mayor, if present, shall preside, but he shall not be entitled to vote on any question unless there be a tie, in which event he shall be allowed to cast his vote. A majority of said council shall constitute a quorum for the transaction of any business, except in the case of the annual tax levy, at which time the full council shall be necessary. Meetings of mayor and council. Quorum. SEC. 22. Be it further enacted, That the marshal, deputy marshal, or any policeman lawfully appointed in said town may arrest without a warrant any person he may see violating the ordinances of said town, and carry such offender before the mayor's court for trial, and to this end may summon any citizen or citizens as a posse to assist in said arrest; he shall inform the mayor of the nature of offense committed by the person 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, and the mayor, in his discretion, when the ends of justice seem to require it, may allow the accused in his own court to give bond for his appearance to answer any charge at some future day fixed by the court in a reasonable sum, with good security, not exceeding one hundred dollars, and if the accused fails to appear at the time fixed in said bond the mayor shall enter on his docket the words, Bonds Forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at a future day why said bond should not be absolutely forfeited, and judgment entered

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against them for the full amount of the bond and costs. And, if no good cause be shown, judgment shall be entered for the amount of the bond and costs, and a fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town. Arrests without warrant. Assistance. Charges preferred. Bond for appearance. Forfeiture. 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, when 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 officers shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain before a justice of the peace in such cases. 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 upon 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. Violations of State laws. Warrants for arrests. Court of inquiry. SEC. 24. Be it further enacted, That the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for the services performed by them, not to exceed the fees of sheriffs, clerks, tax collectors and justice 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 ordinances. 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 on which he shall enter a true and correct record of all the sums of money coming into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries

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on said books of all sums paid out by him, to whom paid, the date and the nature of the claim paid. He shall take from the party a receipt for the amount so paid, said book and receipt 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. Payments from town treasury. Treasurer's duty. SEC. 26. Be it further enacted, That the mayor and council of said town shall have the authority and power to establish and maintain a chaingang for the purpose of working the streets and elsewhere in said town such persons as are convicted of violating the by-laws and ordinances of said town and sentenced to work in said chaingang, and the said mayor and council shall have power to make rules and regulations for the operation of the same not in conflict with the laws of Georgia. Chaingang. SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. CRAWFORDVILLE, CITY OF, CHARTER AMENDED. No. 332. An Act to amend the charter of the city of Crawfordville, so as to authorize and empower the city council of said city to pay all its members, exempt them from street tax, and fix the salary, etc., of the marshal or night watchman, or both, and for other purpose. SECTION 1. 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 second Wednesday

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in October, 1914, the charter of the city of Crawfordville, in Taliaferro County, Georgia, shall be amended so as to authorize and empower the city council of said city to pay the different members of council, not to exceed the following amounts per year: Mayor, $100; clerks, $25; treasurer, $18, and the other two members; $12 each; and that each be exempt from street tax during his term of service, and also that the salary, perquisites and any other fees of the marshal or night watchman, or both, for any service whatsoever shall not exceed sixty dollars per month. Pay and exemptions to mayor and council. 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, 1914. CUTHBERT, CITY OF, CHARTER AMENDED. No. 295. An Act to amend the charter of the city of Cuthbert, approved August 15th, 1910, by striking from the first line of Section 15 of said Act (Acts 1910, page 534) the words the mayor and, so as to exclude from its operation the provision of the inability to re-election therein provided the mayor. SECTION 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 15 of an Act approved August 15th, 1910, incorporating the city of Cuthbert, be amended by striking from the first line of said Section 15 of said Act (Acts 1910, page 534) the words the mayor and, so that said section when so amended will read as follows: Section 15.

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Be it further enacted, That each alderman of the city of Cuthbert shall be ineligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No person shall be eligible to the office of the mayor of said city who is not twenty-five years of age, who has not resided in the city of Cuthbert for a period of five years next preceeding the date of his election, and who is not a qualified voter of said city. No person shall be eligible to the office of alderman of the city of Cuthbert, who is not twenty-one years of age, who has not resided in the city of Cuthbert for the period of not less than three years next prior to his election, and who is not a qualified voter of said city. Act of 1910 amended. To be read as amended. Eligibility of mayor and aldermen. SEC. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved July 23, 1914. DALLAS, TOWN OF, SCHOOL BOND ELECTION. No. 296. An Act to authorize the mayor and aldermen of the town of Dallas, in the county of Paulding, to order and have held an election by the qualified voters of the said town of Dallas, to determine whether or not bonds shall be issued by the said town of Dallas, to be sold for the purpose of erecting and equipping building or buildings on old school site, or for the purpose of acquiring a site or sites, erecting and equipping suitable school building or buildings thereon, for the town of Dallas, and to authorize the issue of said bonds, and the assessing, levying and collecting of a tax on all property subject to taxation, both real and personal, in said

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town, for the purpose of paying the interest on said bonds, as well as the principal thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the mayor and aldermen of the town of Dallas, in the county of Paulding, be and they are hereby authorized and empowered to order and have held an election by the qualified voters of said town at such time as the mayor and aldermen aforesaid may designate, to determine whether or not bonds shall be issued by the town of Dallas not to exceed fifteen thousand ($15,000) dollars, to be sold for the purpose of erecting and equipping building or buildings on old school site or for the purpose of acquiring a site or sites, erecting and equipping building or buildings thereon, for public and high school purposes for said town. Said election shall be held in accordance with the provisions of Sections 440 to 443, inclusive, of the Code of Georgia of 1910. Those voting for bonds shall have written or printed on their ballots For bonds, those voting against bonds shall have written or printed on their ballots Against bonds. Authority to hold election as to issue of bonds. Ballots. 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 aldermen of the town of Dallas shall be, and are, hereby authorized to issue bonds for the said town of Dallas, in a sum not to exceed fifteen thousand ($15,000) dollars in the aggregate. Said bonds shall be designated School bonds for the town of Dallas, and shall be in denominations of five hundred ($500) dollars each, and numbered from one to thirty consecutively, and bear interest at the rate of six per cent., payable annually, on such dates as the mayor and aldermen may fix, and be for a term of twenty (20) years. Said bonds so issued shall be sold by the mayor and aldermen of the town of Dallas in such a way as may seem most advantageous to said town for not less than par, the proceeds

Page 701

thereof to be used by the mayor and aldermen of the town of Dallas for the purpose of erecting and equipping suitable school building or buildings on old school site or for the purpose of acquiring such site or sites and erecting and equipping suitable school building or buildings thereon as may be selected and determined by them. And the said above-named funds are to be used for no other purposes. Amount of issue, denomination, number, rate of interest, and term. Sale of bonds. For school buildings. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the town of Dallas shall and are hereby authorized and empowered to annually assess, levy and collect tax on all the property subject to taxation, both real and personal, in the corporate limits of the town of Dallas in such sum as may be necessary for the specific 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, and that tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said town and shall be used solely for the payment of interest on said bonds as it may accrue and for the creation of a sinking fund for the payment of the principal of the same. Annual tax to pay interest and for sinking fund. SEC. 4. Be it further enacted, That after the passage and approval of this Act, the mayor and aldermen of the town of Dallas shall pass an ordinance directing and authorizing the clerk of said town to open a book for the registration of voters in said town for the purpose of qualifying them to vote in said bond election. Said mayor and aldermen shall provide when said book shall be open, how long to remain open and the oath that shall be administered to the applicant for registration before he registers. It shall be the duty of the town clerk to prepare a list of said names, registered voters, in alphabetical order, certifying same under his official signature, at or before the opening of the polls. The managers of said election shall keep said list before them during the election, and shall

Page 702

not permit any one to vote in said election whose name does not appear thereon. Registration of voters. SEC. 5. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against bonds the mayor and aldermen of said town may at any time after the expiration of one year from the date of said election, order another election under the provisions of this Act, and may so continue until the issuing of said bonds is authorized by the legal voters of said town in the manner provided by law. Resubmissions if defeated. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws now of force in conflict with this Act be and the same are hereby repealed. Approved July 23, 1914. DALTON, CITY OF, SCHOOL TRUSTEES' TERMS. No. 406. An Act to amend an Act approved August 3, 1910, amending an Act approved February 24th, 1874, amending and codifying the various Acts incorporating the city of Dalton, so as to provide for the extension of the terms of the present board of trustees of the public schools of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act, the terms of the members of the board of trustees of the public schools of the city of Dalton, said State, as provided for in Section 9 of an Act approved August 3rd, 1910, amending an Act approved February 24, 1874,

Page 703

amending and codifying the various Acts incorporating the city of Dalton, be and the same are hereby extended from September 1, 1914, until January 1st, 1915. Terms of public school trustees extended. SEC. 2. Be it further enacted by the authority aforesaid, That at the regular city election, to be held in December, 1914, two trustees shall be elected for said public schools, whose terms shall begin January 1st, 1915, and expire two years thereafter, and whose successors shall be elected at the regular city election next preceding the expiration of their term; and that at said election in December, 1914, three trustees shall be elected for a term four years from January 1st, 1915, whose successors shall be elected at their regular city election next preceding the expiration of their term; and that all trustees elected after said election in December, 1914, shall hold office for a period of four years. Election of trustees, and their terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That said trustees shall hold office until their successors are elected and qualified. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws herewith conflicting are repealed. Approved August 12, 1914. DECATUR, TOWN OF, ANNEXATION OF OAKHURST. No. 512. An Act to amend the charter of the town of Decatur, in the county of DeKalb, approved August 17, 1909, to be found in Georgia Laws, 1909, pages 757-815, and the

Page 704

Acts amendatory thereto, so as to extend the corporate limits of said town by the incorporation of new and additional territory, as follows: All that tract of land, lying and being in Land Lot 212, 213, 236, 237, 244 and 245 in the Fifteenth District of DeKalb County, Georgia, and more particularly described as follows: Commencing at the southeast corner of said land lot 212, and running thence north along the east line of said land lot eighteen hundred and sixty-nine (1869) feet; thence northeast nine hundred eighty-two (982) feet, to the southeast corner of what has heretofore been known as the Mynatt estate; thence northeast along the north side of the land of Mrs. Mattie A. Dukes, nine hundred thirty-five (935) feet, to the west side of Mead Road; thence southeast along the west side of said road one hundred forty-five (145) feet; thence east to the east line of said land lot two hundred and thirteen (213) feet; thence north along said east line one thousand and fifty-eight (1,058) feet, to the northeast corner of said land lot 213; thence west along the north line of said land lot twenty-one hundred sixty (2160) feet; thence north along the western corporate limits of the town of Decatur to the center of Ponce de Leon Avenue, in land lot 245; thence westerly along the center of Ponce de Leon Avenue seventeen hundred seventy-five (1775) feet, more or less, to the northwest corner of the present corporate limits of the town of Oakhurst in said land lot 244; thence south along the present western corporate limits of the town of Oakhurst to the south line of said land lot 212; thence east along south line five hundred fifty-three (553) feet to point of beginning; said described territory being the present corporate limits of the town of Oakhurst; to provide for four wards and eight councilmen, and to provide for all other

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changes necessary to readjust said town to the limits herein extended, and to extend the jurisdiction of said town over the added territory, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the corporate limits of the town of Decatur be, and the same are, hereby extended by the incorporation of new and additional territory, as follows: All that tract of land, lying and being in Land Lot 212, 213, 236, 237, 244 and 245, in the Fifteenth District of DeKalb County, Georgia, and more particularly described as follows: Commencing at the southeast corner of said Land Lot 212, and running thence north along the east line of said land lot eighteen hundred and sixty-nine (1869) feet; thence northeast nine hundred eighty-two (982) feet to the southeast corner of what has heretofore been known as the Mynatt estate; thence northeast along the north side of the land of Mrs. Mattie A. Dukes nine hundred and thirty-five (935) feet to the west side of Mead Road; thence southeast along the west side of said road one hundred forty-five (145) feet; thence east to the east line of said land lot two hundred and thirteen (213) feet; thence north along said east line one thousand fifty-eight (1,058) feet to the northeast corner of said land lot 213; thence west along the north line of said land lot twenty-one hundred sixty (2160) feet; thence north along the western corporate limits of the town of Decatur to the center of Pone de Leon Avenue in land lot 245; thence westerly along the center of Ponce de Leon Avenue seventeen hundred seventy-five (1775) feet, more or less, to the northwest corner of the present corporate limits of the town of Oakhurst, in said land lot 244; thence south along the present western corporate limits of the town of Oakhurst to the south line of said land lot 212; thence east along south line five hundred fifty-three (553) feet to point of beginning; said described territory being the present corporate limits of the town of Oakhurst. Corporate limits extended. Territory annexed.

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SEC. 2. Be it further enacted by the authority aforesaid, That said described territory shall, when this Act becomes effective, become a ward of the town of Decatur, known as the Fourth Ward of said town, and the lines thereof shall remain fixed for a period of at least two years, and thereafter said ward lines may be changed in accordance with the present provisions of the charter of said town for the change of the other ward lines therein, and the mayor and council of said town shall, on the first Monday in January, 1915, by ordinance, provide for the election of two councilmen from said Fourth Ward, one to hold office until the first Monday in January, 1916, and the other to hold office until the first Monday in January, 1917, and their successors shall be elected for terms of two years, as now provided by the charter of the town of Decatur for the election of councilmen. The municipal government of said town of Decatur, after the election of said councilmen from said Fourth Ward, shall be vested in a mayor and eight councilmen. For all elections thereafter the mayor and council of said town shall provide, by ordinance, for two or more voting precincts for the convenience of the voters of said town. Annexed territory be the Fourth Ward. Change of ward lines. Election of councilmen. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act providing for the annexation of the above-described territory shall become effective January first, 1915, and said territory shall thereafter be included within the corporate limits of the town of Decatur, and all of the residents of said added territory shall thereafter become citizens of said town, and there shall be maintained at the present school site in said added territory a free public school, with such grades as the board of education may deem the attendance will authorize and the children of said added territory in grades other than those provided for in said school shall be admitted to the other public schools of said town on the same terms and conditions as other children of said town are admitted. Effective Jan. 1, 1915. SEC. 4. Be it further enacted by the authority aforesaid, That the town of Decatur shall assume all bonded and

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other obligations of the town of Oakhurst, Georgia, and the same are hereby made a part of the bonds and debts of said town of Decatur when the provisions of this Act become effective. All the property, real and personal, chosen in action and money belonging to the town of Oakhurst shall become the property of the town of Decatur, to be delivered in the possession and control of its officers on the first Monday in January, 1915. Bonded debt assumed. The teachers of the public school system of the town of Oakhurst who have been elected for the present scholastic year shall be continued under their existing contracts to serve in their present capacities for the remainder of said scholastic year. But the town of Decatur shall not be required to retain any other employees of the said town of Oakhurst. Public school system. SEC. 5. Be it further enacted by the authority aforesaid, That the power and authority of the town of Decatur under its present charter and ordinances and all laws pertaining to the said town as a municipality are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of said town are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said town of Decatur, the power of assessing and taxing property and of fixing and regulating licenses for business and issuing executions for and in cases of default, to sell property upon which taxes are due, as now prescribed by the charter and ordinances of the town of Decatur are extended to all the limits included under the terms of this Act, and the citizens of said territory and the property therein shall have the same rights and privileges under the government of said town as the other citizens and property of said town have. The board of education of the town of Decatur shall have jurisdiction over the schools inside the added territory in the same manner as they have over the present territory of the said town,

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The said new territory is made subject to all the bonds heretofore issued by the town of Decatur, and are bound for the payment of said bonds in the same manner as the other territory of said town of Decatur, and the mayor and council of said town shall have the right to enforce and collect all tax executions and other obligations due to the town of Oakhurst on the first of January, 1915, in the same manner and under the same provisions that said town of Decatur now has for enforcing and collecting its obligations. Provided, That the provisions of this Act shall become operative so soon as the town of Oakhurst shall vote to repeal an Act incorporating the town of Oakhurst. Powers extended. Board of education. New territory subject to obligations. This Act to be effective when. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914. DECATUR, TOWN OF, BOARD OF HEALTH. No. 445. An Act to amend the charter of the town of Decatur, in the county of DeKalb, approved August 17, 1909, to be found in Georgia Laws, 1909, pages 757-815, and the Acts amendatory thereof, so as to provide for a board of health for said town, and to define the powers and duties thereof, and for other purposes. SECTION 1. The General Assembly of Georgia do enact, That from and after the passage of this bill the mayor and council of Decatur shall elect by ballot from the citizens of said town, five persons, who shall constitute the board of health for said town. At said election three of said persons shall be elected for a term of two years, two for a

Page 709

term of one year, and thereafter their successors shall be elected for terms of two years. All vacancies in said board from death, resignation, removal from town or otherwise, shall be filled by the mayor and council at their first regular meeting after said vacancy occurs. Act of 1909 to be amended. Board of health, five members to be elected. Terms. Vacancies. SEC. 2. The General Assembly of Georgia do enact, That said board of health shall have authority to inspect all premises in said town for the purpose of keeping them in a sanitary condition; said right of inspection shall extend not only to premises, but also to the interior of residences, stores and all other buildings within the town of Decatur; in cases of contagious diseases, to establish such quarantine as they may see fit when, in their opinion, said quarantine is necessary, and to do all other acts which are necessary to promote the health and comfort of the citizens of Decatur. All of the said powers to be exercised under ordinances passed by the council of the said town, prescribing and limiting the authority of said board of health. Authority of board of health. SEC. 3. That the membership of said board shall consist of one member from each ward in the town of Decatur, and one member from the town at large; at least three of the members of said board shall be practicing physicians in the town of Decatur. One member from each ward. Three physicians. 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, 1914. DONALDSONVILLE, TOWN OF, CHARTER AMENDED. No. 402. An Act to amend an Act incorporating the town of Donaldsonville, approved August 20, 1906, so as to authorize the town of Donaldsonville to build and erect, or to acquire

Page 710

by purchase, or otherwise, and to own and equip a municipal ice plant and a cold-storage plant in connection with the water works system of the town of Donaldsonville, or otherwise; and to purchase and own land on which to construct and build the same, if necessary; and to do and perform all acts in connection with the ownership and conduct of an ice plant and coldstorage plant ordinarily incident to the operation and conduct of same; and to authorize the issue of bonds for the purpose of acquiring, constructing or building, owning and equipping or operating said plant. SECTION 1. 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 Donaldsonville, approved August 20, 1906, be, and the same is, hereby amended by adding thereto new sections providing as follows: Act of 1906 amended. SEC. 2. Be it further enacted, That the town of Donaldsonville shall have the power to build and erect, or to acquire by purchase or otherwise, and to own and equip a municipal ice plant and a cold storage plant in connection with the water works system of the town of Donaldsonville, or otherwise, and to purchase and own land on which to construct and build the same, if necessary; and to do and perform all acts in connection with the ownership and operation and conduct of an ice plant and cold-storage plant and ordinarily incident to the operation and conduct of the same; to sell ice so manufactured, and to charge for storage privileges; and shall have the right and the power to call an election as provided by law for the purpose of increasing the bonded indebtedness of said town, so as to authorize the issue of bonds for the purpose of acquiring, constructing or building, owning and equipping or operating said ice plant and cold-storage plant in a sum not to exceed the constitutional limitation on municipal debts. Municipal ice and cold storage; powers conferred.

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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 12, 1914. DOUGLASVILLE, TOWN OF, CHARTER AMENDED. No. 356. An Act to amend the charter of the town of Douglasville, in the county of Douglas, approved August 26, 1891, and all amendments thereto, so as to abolish the office of recorder and create the office of clerk, 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 office of recorder shall be abolished, to take effect on Tuesday after the first Monday in February, 1915. Recorder's office abolished. SEC. 2. Be it further enacted, That the office of clerk of council be, and is, hereby created; that his term of office shall be for one year, and until his successor is elected and qualified; that he shall be elected by the mayor and council on the first Monday in February of each year, commencing in 1915, and his term of office shall be the same as the mayor and councilmen. Act of 1891 to be amended. Clerk of council to be elected. Term of office. SEC. 3. Be it further enacted, That the mayor and council shall consist of a mayor, clerk of council and seven councilmen. Mayor and council. SEC. 4. Be it further enacted, That the clerk of council shall also be city tax receiver and collector. He shall execute a bond in such sum as may be fixed by the mayor and council, with two or more good solvent securities, or acceptable

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security company, to be approved by the mayor and payable to the town of Douglasville, conditioned for the faithful discharge of all the duties of his office, according to law and the ordinances of said town, and to fully and faithfully account for and pay over all moneys that may come into his hands. He shall take an oath to discharge the duties of his office to the best of his skill and ability. He shall attend the meetings of the mayor and council, keep a record of the same, issue all subpoenaes, summons, processes and executions that may be necessary in the enforcement of the laws and ordinances. He shall issue all licenses granted by the mayor and council, keep a record thereof, have charge of and securely keep all books and papers belonging to the town. All summons, processes, licenses, executions and other papers issued by him shall bear test in the name of the mayor. He shall attend all sessions of the Mayor's court and collect all fines and forfeitures. He shall keep books in which he shall enter all moneys received, from whom, for what purpose, and how disbursed. He shall take receipts for all moneys paid out, and he shall pay over to the town treasurer all taxes and other moneys collected by him promptly. His books and papers shall be subject at all times to the inspection of the mayor, or any committee appointed by him for that purpose. He shall perform such other duties as may be required of him by the mayor and council. He shall be entitled to a vote in the mayor and council, and entitled to all the privileges and rights of a councilman. Clerk to be city tax receiver and collector. Bond. Oath. Duties. SEC. 5. Be it further enacted, That he shall receive such salary or compensation as may be fixed by the mayor and council, and such salary or compensation shall be fixed at the same time that the salaries of town officers are fixed. Salary. 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 7, 1914.

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DUBLIN, CITY OF, CHARTER AMENDED. No. 518. An Act to amend an Act approved August 15th, 1910, entitled an Act to create a new charter for the city of Dublin, in the county of Laurens, and to reincorporate said city, and defining its territorial limits by amending section 2 of said Act, defining the corporate limits of said city, and to give to said city the right to establish, maintain and operate ice and gas plants, constitute and operate street railroads, and any and all other public utilities, 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 all of the Section 2 of said Act, creating a new charter for the city of Dublin, approved August 15, 1910, defining the boundaries of the city of Dublin, be amended by striking out all of said section after the word the in the third line of said section, and inserting in lieu thereof the following: Western bank of the Oconee River at high-water mark, in an easterly direction from the center of the court house, in the county of Laurens, and State of Georgia, as is now situated, and shall run from the beginning point in a southwesterly direction to where the city limits crosses and intersects South Jefferson Street, and thence from South Jefferson Street sixty-six (66) degrees and fifty-five (55) minutes west a distance of twenty-two hundred eighty-five (2285) feet; thence south forty-eight (48) degrees and fifty-five (55) minutes west a distance of twelve hundred forty-nine (1249) feet; thence south forty-three (43) degrees and thirty (30) minutes west a distance of nine hundred and thirty-four (934) feet; thence south ninety-five (95) degrees and twenty-eight (28) minutes west a distance of fifteen hundred and thirty-five (1535) feet; thence north

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forty-six (46) degrees and thirty (30) minutes west a distance of thirty-nine hundred and fifty-eight (3958) feet; thence north thirteen (13) degrees and thirty (30) minutes west a distance of eleven hundred eighty-three (1183) feet; thence north twenty-six (26) degrees and 55 minutes west a distance of 2,336 feet; thence north 7 degrees west a distance of 480 feet; thence north 34 degrees and 4 minutes a distance of 3,955 feet; thence north 37 degrees and 50 minutes west a distance of 10,085 feet; thence north 38 degrees east a distance of 287 feet; thence south 47 degrees and fifteen (15) minutes east a distance of 1,000 feet; thence north 51 degrees east a distance of 3,975 feet; thence north 22 degrees and 30 minutes east a distance of 794 feet; thence south 81 degrees and 30 minutes east a distance of 2,716 feet; thence south 49 degrees and 4 minutes east a distance of 3,384 feet; to the western bank of the Oconee River, in a northeasterly direction from said Laurens County court house; thence running southerly direction along the western bank of the Oconee River to a point where a one-mile radius from the center of the court house intersects said river; thence in a westerly direction in a curve with the above-described radius from the center of the court house to the intersection with Jefferson Street, the starting point. Act of 1910 amended. Territorial limits. SEC. 2. Be it further enacted, That the city of Dublin be given the right, power and authority to construct and operate ice and gas plants, to build and maintain street railroads, within the incorporate limits of the city of Dublin. Municipal ice and gas plants and street railroads. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved August 17, 1914.

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EAST LAKE, TOWN OF, CHARTER AMENDED. No. 438. An Act to amend an Act entitled An Act to create and establish a new charter for the town of East Lake, DeKalb County, to declare the rights, powers and privileges of said corporation, and for other purposes, same being an Act of the General Assembly of Georgia, approved August 16th, 1910, and to be found in the Georgia Laws of 1910, page 682; also to amend Acts of the General Assembly of Georgia amendatory thereof; by extending the corporate limits of said town; by providing for the election of a town clerk and defining his duties; issuing municipal bonds for various purposes, including sewerage system, water works, improving streets and highways, building a town hall and jail, and for purchasing land for public parks; also to more fully set out the taxing powers; to enlarge the number of councilmen and name them, and mayor, until election of same; prescribe how said election is to be held; to declare the rights, powers and privileges of said corporation, and for other purposes, so that said charter of East Lake as thus amended shall read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That after the passage of this Act the town of East Lake, in the county of DeKalb, be, and it is, hereby incorporated as a town under the name and style of the town of East Lake, and as such shall have perpetual existence, shall sue and be sued, plead and be impleaded, have and use a common seal, and do all other acts relating to its corporate capacity. Act of 1910 to be amended. Town of East Lake incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace

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all that tract or parcel of land situated, lying and being in land lots Nos. 171, 172, 173, 180, 181, 202, 203, 204 and 205 of the fifteenth district of DeKalb County, Georgia, beginning on the north side of Boulevard DeKalb where the right of way of the Georgia Railway and Power Company leading from Atlanta to Decatur, Georgia, crosses said boulevard, and running northeasterly along said Georgia Railway and Power Company right-of-way two hundred (200) feet, more or less, to the north side of an alley; thence east along said alley two hundred fifty (250) feet, more or less, to the west side of First Avenue; thence northerly along the west side of First Avenue to the north side of Northern Street; thence easterly along the north side of Northern Street to the Fayetteville Road; thence northeasterly along the northwest side of said Fayetteville Road two hundred fifty (250) feet, more or less; thence easterly to a point three hundred (300) feet west of East Lake Drive; thence northerly parallel with East Lake Drive to the north side of Pharr Road; thence easterly along the north side of the said Pharr Road to McDonough Road, or Candler Street; thence crossing Candler Street and continuing due east four hundred (400) feet; thence south parallel with McDonough Road to a point four hundred (400) feet east of McDonough road on a line with the extension of the north side of Morgan Street; thence due west four hundred (400) feet to McDonough Road, or Candler Street; thence south along the east side of McDonough Road until it strikes the north and south land lot line between land lots numbers 182 and 183; thence south along the land lot line to Glennwood Avenue, sometimes called East Lake Avenue, or Wade Road; thence west along said Glennwood Avenue to the west line of Lakeview Boulevard; thence south two hundred (200) feet; thence due west and running at a distance of two hundred (200) feet south from the line between land lots 171 and 182 to the west land lot line of land lot 171; thence north along said land lot line two hundred (200) feet; thence west on said north land lot line between land lots 181 and 172 nine hundred (900) feet, more or less, to the

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east side of Johnson Avenue; thence north two hundred fifty (250) feet, more or less, to the south boundary line of the Atlanta Athletic Club grounds; thence east along the south boundary line of said club grounds two thousand five hundred fifty (2,550) feet, more or less, to the south-eastern corner of said grounds at Lakeview Boulevard; thence north along the west side of Lakeview Boulevard one thousand eight hundred forty-eight and five-tenths (1,848 5/10) feet to the south side of Morgan Street; thence west along the south side of Morgan Street to the land lot line between land lots 181 and 182; thence west continuing along the south side of Morgan Street to a point two hundred thirty-nine (239) feet east of Green Avenue; thence northwardly along an unnamed street in a curved line three hundred ninety (390) feet, more or less, to Herman Street; thence west along the south side of Herman Street one hundred ninety-three (193) feet to Green Avenue; thence south along the east side of Green Avenue three hundred eighty-six and three-tenths (386 3/10) feet to the south side of Morgan Street; thence west along the south side of Morgan Street to the east side of Second (formerly Skiff) Avenue thence south along the east side of Second Avenue sixteen hundred forty (1640) feet; thence east parallel with Glennwood Avenue, sometimes called West Lake Street, thirteen hundred sixty (1360) feet; thence south four hundred fifty (450) feet to the land lot line between land lots 172 and 181; thence west along said north land lot line between land lots 181 and 172, and between land lots 180 and 173, to a point nineteen hundred (1900) feet west of Second Avenue, (formerly Skiff Avenue); thence extending due north two hundred (200) feet to Glennwood Avenue, and crossing said street and continuing due north at a distance of nineteen hundred (1900) feet west from Second Avenue to the north side of East Fair Street, to the corporate limits of the town of Kirkwood; thence running northeasterly along the line of the corporate limits of the town of Kirkwood to the beginning point on the north side of Boulevard DeKalb. The said town of East Lake to have control and supervision, for all

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legitimate police purposes and for State and county school taxation purposes, over the properly of the Atlanta Athletic Club, adjoining said town of East Lake. Territorial limits defined. Police and taxation of Atlanta Athletic Club. SEC. 3. Be it further enacted, That the government of said town of East Lake shall consist of a mayor and a town council of ten (10) councilmen, and that Thomas B. Paine be, and he is, hereby appointed mayor of said town; and that William J. Tilson, Joseph Richardson, A. S. Hook, H. Clay Moore, Scott Hudson, J. Van Holt Nash, Coke Davis, C. C. Childress, W. T. Gentry and William F. Upshaw be and they are hereby appointed councilmen of said town; the said mayor and said councilmen to hold office until an election, which shall be held in October, 1914, and until the election and qualification of their successors in office. Mayor and council named. SEC. 4. Be it further enacted, That on the second Saturday in October, 1914, an election shall be held in said town for mayor and ten (10) councilmen; said election to be held under such supervision, rules and regulations as the town council may prescribe, and that the five councilmen receiving the highest number of votes shall be elected for the term of two (2) years, and that the five (5) councilmen receiving the next highest number of votes shall be elected for one (1) year, or in case of tie, to draw lots for long and short terms, and that annually thereafter on the second Saturday in October an election shall be held for mayor, to hold office for one year, and five (5) councilmen, to hold office for two (2) years. Election of mayor and council. SEC. 5. Be it further enacted, That all persons who shall have been bona fide residents of said town for the six months next preceding the date fixed for an election to be held therein, and who are qualified to vote for members of the General Assembly, and who shall have paid all taxes lawfully imposed, and who shall have registered, if registration be required by said town council, shall be qualified to vote at any such election. Voters qualified.

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SEC. 6. Be it further enacted, That the mayor shall be ex-officio chairman of the town council, but shall have no vote, unless the councilmen be equally divided; that he shall see to it that the duly adopted ordinances and resolutions of the town council are executed and enforced, and that he shall have general supervision of the administration of the affairs of the town. Mayor. SEC. 7. Be it further enacted, That the town council shall elect a mayor pro tem., who shall perform all the duties of the mayor during the absence or disability of the mayor. The town council shall also have power to fill any vacancy that may occur in the office of the mayor or councilmen, or any subordinate office of said town. Mayor pro tem. SEC. 8. Be it further enacted, That the mayor, or in his absence the mayor pro tem., shall be authorized to try any person charged with a violation of the ordinances of the town council and to punish offenders by a fine not to exceed one hundred dollars, or imprisonment not to exceed sixty days, either or both. Trial of offenders. SEC. 9. Be it further enacted, That the mayor, or in his absence the mayor pro tem., acting in a judicial capacity, shall have concurrent jurisdiction with justices of the peace in this State in all criminal matters that may originate within the corporate limits of said town, and on the premises of Atlanta Athletic Club, and that he may issue warrants and hold courts of inquiry, and bind over offenders to courts of competent jurisdiction. Powers of justice of the peace. SEC. 10. Be it further enacted, That the town council shall have power to elect a town marshal and such other town officers as it may deem necessary for the purpose of carrying into effect the purposes of this Act and the ordinances and resolutions of the town council; and that said town marshal, the mayor, the mayor pro tem., or any councilman, or any other town officer, may arrest, without warrant, any person guilty of a violation of the ordinances of the town council, or reasonably suspected thereof, and bring the offender before the mayor's court for trial. To

Page 720

this end, said town marshal, mayor, mayor pro tem., councilman or other town officer, as the case may be, may summon any of the bystanders as a posse to assist in such arrest. Marshal and other officers. Arrests. SEC. 11. Be it further enacted, That five (5) councilmen and the presiding officer shall constitute a quorum of the town council for the transaction of any business or the passage of any legislation at any regular or special meeting thereof. Quorum of council. SEC. 12. Be it further enacted, That the town council shall hold a regular meeting in the town of East Lake on the Monday next following the second Saturday in October of each year, or such place as may be designated in the call therefor. Other regular meetings of the town council shall be held in the town of East Lake on the second Monday of each month at such places as may be designated in the calls therefor. Special meetings of the town council may be held in the town of East Lake upon the call of the mayor, mayor pro tem., or five (5) councilmen, at such places as may be designated in the calls therefor, which shall be sent to the mayor, mayor pro tem. and each councilman. Meetings. SEC. 13. Be it further enacted, That unless the mayor, or in his absence the mayor pro tem., shall within one week from the date of its passage, file with the town clerk written expression of his disapproval of an ordinance or resolution adopted by the town council, such ordinance or resolution shall become effective and operative when duly entered upon the minutes of said meeting, which entry shall be made within two (2) days from the passage thereof; but if the mayor, or in his absence the mayor pro tem., shall, within the time prescribed, file in writing his disapproval of an ordinance or resolution, the town council, after receiving such written expression of disapproval, shall at its next regular or special meeting vote upon the question whether such ordinance or resolution shall be effective and operative, notwithstanding the disapproval of the mayor. If seven (7) of the members of the town council shall vote

Page 721

in the affirmative, such ordinance or resolution shall become effective and operative, notwithstanding the disapproval of the mayor, when duly entered as above prescribed; but if the affirmative vote shall be less than seven (7) the ordinance or resolution shall be defeated. Ordinances, when effective. SEC. 14. Be it further enacted, That upon the demand of any councilman, a vote by roll call shall be had on any question pending before the town council at any meeting thereof, and in that event the exact vote shall always appear upon the minutes of that meeting. Vote by roll call. SEC. 15. Be it further enacted, That said town council shall elect a town clerk, who shall hold no other office in said town. He may be removed from office at any time, and his successor elected by the town council, but he shall hold office until his successor be elected and qualified. Clerk. SEC. 16. Be it further enacted, That the town clerk, or in his absence the clerk of the meeting, shall keep accurate and complete minutes of the proceedings of each meeting of the town council. Such minutes shall be kept in a bound book provided for that purpose by the town council, which book shall be open to inspection by the auditor; and shall be produced at each meeting of the town council, when it shall be open to inspection by the mayor or any councilman present at such meeting; but the town clerk shall not surrender the custody of said book to any person other than one designated by resolution of town council. The minutes of each meeting shall be signed by the town clerk or clerk of said meeting, and also by the mayor, or in his absence by the mayor pro tem., or other presiding officer. Minutes. SEC. 17. Be it further enacted, That it shall be the duty of the town clerk to collect all moneys owing to the town of East Lake and promptly upon receipt thereof by him to deposit all such moneys to the credit of the Town of East Lake, Georgia, in such bank or banks as may be designated by the town council. The funds of the town shall not be withdrawn from such deposit, nor in any manner expended

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otherwise than in accordance with the terms of ordinances or resolutions adopted by the town council, and then only by warrants of a form approved by the town council; which warrants shall be valid only when signed with pen and ink by the town clerk and countersigned with pen and ink by the mayor or mayor pro tem. Each such warrant shall bear the words By order of the Town Council, which words shall appear immediately preceding the space provided thereon for the signature of the town clerk, and at the time of the issuance of each such warrant the town clerk shall make an entry on the stub thereof, referring, in specific terms, to the ordinance or resolution of the town council authorizing the expenditure of the money represented by such warrant. It shall be the duty of the mayor to file a sample of the authorized form of warrant, and specimens of the signature of the town clerk, mayor and mayor pro tem. with each bank designated as a depository of the funds of the town, together with written advices to the effect that such banks should honor drafts on said funds only when drawn on warrants of the authorized form, signed with pen and ink by the town clerk and countersigned with pen and ink by the mayor or mayor pro tem. Moneys to be deposited. How to be withdrawn. Validity of warrants. SEC. 18. Be it further enacted, That the town clerk shall keep accurate and complete accounts of all of the funds and other assets of the town, and shall keep his books posted to date, and all entries therein shall be so plain that they may be readily understood by all persons having a right to knowledge as to the status of the town's affairs; and he shall promptly render such statements and reports as may be called for from time to time by the mayor or town council. Clerk's duties. SEC. 19. Be it further enacted, That it shall be the duty of the town clerk to keep himself fully informed as to the ordinances and resolutions adopted by the town council, and as to all other features of the business of the corporation, and to promptly notify the mayor and town council as to delinquencies on the part of the town's debtors, and as to such other matters as should receive the attention

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of the mayor and town council, and to perform all such duties as may be imposed upon him by the town council. SEC. 20. Be it further enacted, That the town clerk shall give bond in such amount and with such surety company as may be designated by the town council. Such bond shall be deposited with the mayor. Bond of Clerk. SEC. 21. Be it further enacted, That the town clerk shall be the custodian of the seal, records, books, papers and other property of the town of East Lake, and it shall be his duty to keep the seal, records, books, papers, etc., securely locked in such place or places of safety as may be designated, or approved, by resolution adopted by the town council, and it shall be his duty to make a full exhibit thereof to any meeting of the town council whenever requested to do so by the mayor, mayor pro tem. or any councilman, and also to such auditor as may be designated by the town council. He shall surrender the custody of the seal, records, books, papers and other property of the town only to the person designated by resolution of town council. Custody of records, seal, etc. SEC. 22. Be it further enacted, That the books, records, funds, securities and all of the other property and affairs of the town shall be fully inventoried and critically audited at least once during each year by a certified public accountant, to be selected by the town council. The report of such accountant shall be addressed to the mayor and town council, and he himself shall furnish the mayor, each councilman and the town clerk's surety with a signed copy thereof. Audit of books, etc. SEC. 23. Be it further enacted, That the town council of said town of East Lake be, and it is, hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of sewerage and drainage and disposal plant for said town of East Lake, within or without the limits of said town, and as in its discretion it may deem best and proper. Sewerage and drainage. SEC. 24. Be it further enacted, That the town council of said town of East Lake be, and it is, hereby authorized

Page 724

and empowered to purchase, build, contract for, establish and maintain a system of water works for said town of East Lake for all purposes usual and incident to water works systems for municipal corporations, and to furnish water to private parties, and charge and collect for same, and generally to manage and conduct said water works system as the town council of said town may, in its discretion, deem best and proper. Waterworks. SEC. 25. Be it further enacted, That provided that the proportion of votes required by the constitution of the State of Georgia be cast at an election to be called by the town council at such time as, in its discretion, it may deem proper, shall be For bonds, the town council of said town of East Lake be, and it is, hereby authorized to issue and sell from time to time, in its discretion, at not less than their par value, bonds of said town of East Lake, in such denominations and of such form as, in its discretion, said town council may deem best. The issue of said bonds not to exceed one hundred thousand ($100,000.00) dollars in the aggregate; each bond to mature not later than thirty (30) years after date of its issue, and to bear interest at a rate not exceeding five and one-half per centum (5%) per annum, payable semi-annually. 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 sale of said bonds shall be for the purpose of securing funds wherewith to enable the town council of said town of East Lake to purchase, build, contract for, establish and extend a system of sewerage and drainage for said town; to purchase, build, contract for, establish and extend a system of water works for said town; to purchase land for and purchase, or erect, and furnish a building or buildings to be used for a public school, for a town hall and for a jail for said town; to improve the streets and highways of said town; to purchase and improve land to be used for public parks and cemeteries for said town. In the event of the issue of any of said bonds, the town council shall by ordinance, provide for the levy and collection of an annual special tax upon all property, both real and

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personal, in said town, for the purpose of raising moneys sufficient to pay the semi-annual interest on said bonds, and to provide a sinking fund wherewith to pay the principal of said bonds at their maturity. The moneys raised by such special tax shall be collected by the town clerk who, promptly upon receipt thereof by him, shall deposit all such moneys to the credit of the Sinking Fund Commission of the town of East Lake, Georgia, in such bank or banks as may be designated by the town council. The moneys so deposited shall not be withdrawn from such deposit nor in any manner expended otherwise than in accordance with the terms of resolutions duly adopted by said commission, and then only by warrant of a form approved by the town council, which warrants shall be valid only when signed with pen and ink by the town clerk and countersigned with pen and ink by two (2) of the commissioners. Each such warrant shall bear the words, By order of the Sinking Fund Commission of the town of East Lake, Georgia, which words shall appear immediately preceding the space provided thereon for the signature of the town clerk, and at the time of issuance of each such warrant the town clerk shall make an entry on the stub thereof, referring, in specific terms, to the resolution of the commission authorizing the expenditure of the money represented by such warrant. It shall be the duty of the mayor to file a sample of the authorized form of warrant and specimens of the signatures of the town clerk and commissioners with each bank designated as a depository of this special fund, together with written advices to the effect that such banks should honor drafts on said fund only when drawn on warrants of the authorized form signed with pen and ink by the town clerk and countersigned with pen and ink by two (2) commissioners. The sinking fund commission of the town of East Lake, Georgia, hereinafter created, shall have authority to invest and control such moneys for the purpose of paying the interest on the bonds of said town, and for the purpose of raising a sinking fund for the final redemption of the bonds of said town. Bonds, election for issue of. Specific provisions as to bonds. Tax levy and sinking fund.

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SEC. 26. Be it further enacted, That a sinking fund commission of the town of East Lake, Georgia, be, and it is, hereby created, to be composed of three (3) citizens of said town, to be elected by the town council as soon as may be practicable after the passage of this Act. One of said commissioners shall be elected by said town council to serve one (1) year, or until his successor be elected and qualified; one to serve two (2) years, or until his successor be elected and qualified; and one to serve three (3) years, or until his successor be elected and qualified. The commissioners shall in no way be connected with municipal government of said town. The commissioners shall elect from their number a chairman who shall serve as chairman for one (1) year, or until his successor be elected and qualified. The town clerk of said town of East Lake shall be ex-officio clerk of said sinking fund commission. He shall keep accurate and complete minutes of the proceedings of each meeting of said commission. Such minutes shall be kept in a bound book provided for that purpose by the town council, which book shall be open to inspection by the auditor, and shall be produced at each meeting of the commission, and at each meeting of the town council, when it shall be open to inspection by the mayor or any councilman or any commissioner present at the meeting, but the town clerk shall not surrender the custody of said book to any person other than one designated by resolution of the commission. The minutes of each meeting of said commission shall be signed by the town clerk or clerk of said meeting, and also by the chairman of the commission, or in his absence by other presiding officer. Sinking fund commission. SEC. 27. Be it further enacted, That the town council of said town of East Lake be, and it is, hereby authorized and empowered to purchase, hold, condemn and acquire any and all property within and without the corporate limits of said town of East Lake necessary or expedient, in the discretion of said town council, for the purpose of erecting, acquiring and maintaining a sewerage and drainage system, and also a water works system, and also for parks for the use of the public, and for any and all other

Page 727

purposes necessary or expedient for the good of the town, as, in its discretion, the said town council shall deem proper; provided, that in case of condemnation of private property, as authorized hereunder, the course of procedure shall be that authorized under the general law of the State for condemnation of private property. Property may be purchased or condemned. SEC. 28. Be it further enacted, That the town council of said town of East Lake be, and it is, hereby authorized and empowered to do and perform any and all things necessary and incident to the building of said system of sewers and drains and disposal plant and said system of water works; and to do and perform any and all things necessary, usual and incident to the issuing and sale of each and all of the bonds authorized under this Act; and generally to do and perform all things usual, incident and necessary to the acts and things authorized under this Act, so as to authorize the issuing and sale of each and all of the bonds herein referred to, and the operation of said system of sewers and drains and disposal plant, and said system of water works, and as is usual, necessary and incident to the operation of such plants by municipal corporations. Plenary powers. SEC. 29. Be it further enacted, That the town council of said town of East Lake shall have the entire and absolute control and jurisdiction of all soil pipes, private drains and sewers, water closets, privies, privy vaults, dry wells and cesspools in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as to said town council may seem best for the preservation of the health and comfort of the inhabitants of the town, with full power to require the change or total discontinuance of any such contrivance or structures as may be in existence or hereafter allowed. Health and sanitation. SEC. 30. Be it further enacted, That the town council may, by ordinance, require and compel connections to the sanitary sewers in all instances where there is a public sewer within five hundred (500) feet of the building or structure for which such connection is required. And said

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town council is hereby empowered to charge and collect a fee to be specified for the tapping and use of said public sewers. Sewers. SEC. 31. Be it further enacted, That the town council may prescribe, by ordinance, the method of abating nuisances, may define what shall constitute a nuisance, and require any nuisance to be abated in a summary manner, at the expense of the person causing the same, or the owner of the premises whereon it shall exist. The jurisdiction to try and determine all such proceedings shall vest in the mayor's court, and the execution herein provided for shall issue from said court as other executions thereof. Nuisance abatement. SEC. 32. Be it further enacted, That the town council shall have power and authority to pass, adopt and enforce any and all ordinances that may be deemed necessary and proper to the peace, security, welfare, health, good government and convenience of said town, and to prescribe punishment for the violation thereof. General welfare. SEC. 33. Be it further enacted, That the town council of said town of East Lake shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of the town; provided, that the total taxes assessed or levied by said town council for special and general purposes shall not exceed one per centum ad valorem per annum, and to expend the moneys thus collected in such manner and for such purposes as may, to said town council, in its discretion, seem necessary or desirable for the proper administration of the affairs of the town, or conducive to the health, comfort, convenience or happiness of its citizens. The taxing power of said town council, except as limited by law, shall be as general, complete and full as that of the State itself. Tax levy on property. SEC. 34. Be it further enacted, That said town council shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by executions issued by the town clerk, and bearing test in the name of the mayor, which executions shall be issued at the time and in

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the manner to be prescribed by the laws of the State in such cases, and the town clerk is hereby authorized and empowered to levy and collect any such tax executions, or other executions; or they may be collected by the sheriff of DeKalb County. They shall be directed to such officers in the alternative. Collection of taxes. SEC. 35. Be it further enacted, That the town council be, and it is, hereby empowered to require each male resident of the town of East Lake, between the ages of twenty-one (21) and sixty (60) years, to work upon the streets and highways of said town, as the town council may direct, for as many as six (6) days in each year, or in lieu of such work, to pay a street or road tax of not more than three ($3.00) dollars annually, and further to provide the time and manner of collecting said tax, and to punish persons who, after due notice, may fail or refuse to perform the work required or pay the tax as herein provided in case of violations of other ordinances. Street tax or work. SEC. 36. Be it further enacted, That the town council shall appoint tax assessors to assess for taxation the value of all property, both real and personal, in said town, and said assessors shall have all the powers of a court to compel the attendance of parties and witnesses, and to compel them to answer questions in regard to matters pertaining to the value of property, etc., and to enforce the same by attachments to be returned to the mayor's court; and the offenders, if convicted, to be punished as if in contempt of said court. Tax assessors. SEC. 37. Be it further enacted, That the recitals in any tax deeds made under the authority herein granted shall be prima facie evidence of the facts therein recited. Tax deeds. SEC. 38. Be it further enacted, That in addition to the powers hereinbefore granted, the town council shall have power: Further powers. (1) To take up and impound dogs, horses, mules, cattle, hogs or other animals running at large, and to regulate and control the keeping of stock or other animals

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within the town; to forbid the keeping of hogs within the town, or confine the same to particular localities. Impounding of animals. (2) To require the owners of lots to drain and keep the same in a sanitary and sightly condition; to fill up excavations or depressions; to construct, repair or improve sidewalks, abutting owners' property, and, upon failure to do so, to proceed as in case of nuisance. Drainage of lots. (3) To construct and extend sewers in any of the streets, alleys or ways of the town, or upon private property after condemning same, and to assess a just and reasonable share of the cost of same upon the owners of abutting property, and to enforce the payment of such assessments by executions to be issued, levied and collected as prescribed in case of tax executions. Sewers. (4) To grade and pave the streets, highways and alleys of the town, to construct and extend sidewalks, and to otherwise improve and beautify the streets, highways and alleys of the town, and to assess a share of the cost of the same upon owners of abutting property, and to enforce the payment of such assessments by executions to be issued, levied and collected as prescribed in case of tax collections; provided, however, that as to grading and paving of streets, no owner of abutting property shall be assessed more than one-third of the cost of the grading and paving of that portion of any street abutting his property. Street grading and paving. (5) To purchase, hold, receive, enjoy, possess and retain for the use and benefits of said town, in perpetuity, or for any term of years, any estates, real or personal, lands, tenements or hereditaments of whatever kind or nature, within or without the limits of said town. Purchase of property. (6) To organize a chaingang and put in compulsory labor thereon all those convicted of violating any of the valid ordinances of said town. Chaingang. (7) To make rules and regulations regarding the use of systems of water works, sewers, gas works, electric lights and telephones, and to provide for the punishment of those violating such rules and regulations. Rules and regulations.

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SEC. 39. Be it further enacted, That in addition to the powers hereinbefore enumerated said town council of the town of East Lake shall have all additional power and authority usually and properly incident to municipal corporations not in conflict with the constitution or laws of the State of Georgia, or the United States, as may be necessary to promote the good government of said town of East Lake and the general welfare of its citizens. Incidental powers. SEC. 40. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1914. EASTMAN, CITY OF, CLERK AND TREASURER. No. 373. An Act to amend an Act entitled an Act to create a new charter for the city of Eastman, in the county of Dodge; define its limits; create a municipal government therefor; declare its rights and powers, and for other purposes, approved August 22d, 1907, as amended by an Act approved August 16th, 1909, and by an Act approved August 11, 1913, so as to provide for the election of the clerk and treasurer of said city by the qualified voters thereof, and to prescribe the duties of said city clerk and treasurer, and to provide for his compensation, 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 12, of said Act, approved August 22d, 1907, be, and the same is, hereby amended by striking

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from said section all of the following words, to-wit: To elect a clerk and treasurer, one person being hereby made eligible to fill both places, to fix his duties, compensation and term of office, not exceeding one year. Act of 1907 amended. SEC. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 3, of said Act, approved August 22d, 1907, as amended by an Act approved August 16, 1909, and as amended by Section 3 of an Act approved August 11, 1913, be and the same is hereby amended by adding after the word elected in the 22d line of said amended section the following words to-wit: There shall be elected on the second Monday in January of each year a clerk and treasurer of said city by the qualified voters thereof in the same manner in which the mayor and council of said city are now elected, who shall serve for a term of one year, one person being hereby made eligible to perform the duties of both officers. It shall be unlawful for said city clerk and treasurer to have any interest in any contract made by the authorities of said city or to receive any rebate, expense account or other valuable consideration in connection with the purchase of any supplies for said city. If in the judgment of the mayor and council, the interests of said city so demand, the office of city clerk and treasurer may be separated, and one person elected to fill each office, in which event the duties and compensation of said offices may be divided and separated by ordinance enacted by the said mayor and council, said ordinance to conform to the duties now prescribed for the city clerk and treasurer of Eastman in the charter of said city. The duties of said city clerk and treasurer shall be the same as is now prescribed in the charter of said city, and the compensation of such officer or officers shall be fixed from time to time by the mayor and council of said city. The said city clerk and treasurer shall give bond in an approved surety company in whatever sum is demanded by the mayor and council of said city, and upon assuming the duties of said office shall subscribe to an oath setting forth that he will honestly, faithfully and impartially

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perform the duties required of him. The said mayor and council shall have no authority to remove the city clerk and treasurer from office, nor require of him the performance of any act in conflict with the provisions of the charter of said city, so that said section when so amended will read as follows: Sec. 3. Be it further enacted, That section four of said amendatory Act referred to as an Act approved August 16, 1909, entitled an Act to amend an Act incorporating the city of Eastman, in the county of Dodge, approved August 22d, 1907, to define the limits of said city of Eastman, and for other purposes, be amended by striking therefrom the language contained in said section, and substituting the following, that the same shall read as follows: Be it enacted by the authority aforesaid, That the municipal government of said city shall be vested in a mayor and five councilmen, who shall constitute the city council and who shall be selected, one from each of the four wards of said city, and one from the city at large, and who shall be elected and whose terms of office shall be as follows: On the second Monday in January, 1914, an election shall be held in the city of Eastman, at a place to be designated by the mayor and council of said city for the purpose of electing a mayor and councilmen for each third and fourth wards of said city, said aldermen to be elected for a period of one year each, and at which said election a mayor shall be elected for one year. Thereafter on the second Monday in January of each year an election shall be held as hereinbefore set out, on the second Monday in January, as aforesaid, at which election a mayor and five councilmen shall be elected, one councilman for each of the four wards of said city, and one councilman at large, all of whom shall be elected for a term of one year. The present councilmen of the first and second wards and the present councilman at large to serve the terms for which they were elected. There shall be elected on the second Monday in January of each year a clerk and treasurer of said city by the qualified voters therof in the same manner in which the mayor and council of said city are now elected, who shall serve for a term of one year, one person being hereby made eligible to perform the

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duties of both offices. It shall be unlawful for said city clerk and treasurer to have any interest in any contract made by the authorities of said city, or to receive any rebate, expense account or other valuable consideration in connection with the purchase of any supplies for said city. If, in the judgment of the mayor and council, the interests of the said city so demand, the offices of city clerk and treasurer may be separated and one person elected to fill each office, in which event the duties and compensation of said offices may be divided and separated by ordinance enacted by the said mayor and council, said ordinance to conform to the duties now prescribed for the city clerk and treasurer of Eastman in the charter of said city. The duties of said city clerk and treasurer shall be the same as are now prescribed in the charter of said city and the compensation of such officer or officers shall be such as shall be fixed from time to time by the mayor and council of said city. The said city clerk and treasurer shall give bond in an approved surety company in whatever sum is demanded by the mayor and council of said city and upon assuming the duties of said office shall subscribe to an oath setting forth that he will honestly, faithfully and impartially perform the duties required of him. The said mayor and council shall have no authority to remove the city clerk and treasurer from office, nor to require of him the performance of any Act in conflict with the provisions of the charter of said city. Acts of 1907 and 1909 and 1913 amended. To be read as amended. Mayor and council of Eastman. Clerk and treasurer of Eastman to be elected by popular vote. His qualifications, duties, compensation, bond, etc. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 11, 1914. EASTMAN, CITY OF, INCREASE OF TAX RATE. No. 357. An Act to amend an Act approved August 22, 1907, entitled An Act to create a new charter for the city of Eastman,

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in the county of Dodge, define its limits, create a municipal government therefor, declare its rights and powers, and for other purposes, and the several Acts amendatory thereof, so as to fix a maximum ad valorem tax rate upon the property within the said city of Eastman, 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, approved August 22, 1907, entitled An Act to create a new charter for the city of Eastman, in the county of Dodge, define its limits, create a municipal government therefor, declare its rights and powers, and for other purposes, and the several Acts amendatory thereof, be, and the same are, hereby amended, as follows: Act of 1907 amended. SECTION 1. That the mayor and council of the city of Eastman is hereby authorized to levy and collect for the purpose of paying the ordinary current expenses of the said city of Eastman for each of the years 1914, 1915, and 1916, an ad valorem tax of not exceeding six hundred seventy-five thousandths of one per centum upon the value of the property within the limits of said city; provided, that the maximum tax rate for all purposes for the years aforesaid shall not exceed one and one-half per centum. Ad valorem tax rate. Maximum tax rate for all purposes. SEC. 2. That in so far as the charter of the city of Eastman and any amendments thereto heretofore passed conflict with the provisions of this amendment, same are hereby repealed. SEC. 3. The foregoing amendment shall not become effective, nor of force, unless the majority of the qualified voters of the city of Eastman voting at a special election hereby called for the fourth Wednesday in September 1914, shall vote in favor thereof. Said election shall be held, managed, and the votes canvassed and the result declared in the same manner as regular municipal elections are now held under the charter and ordinances of said city. Those voting in favor of this Act shall have printed or written on

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their ballots the following words: For the amendment to the charter of the city of Eastman, authorizing an increased tax rate. Those opposed thereto shall have printed or written on their ballots the following words: Against the amendment to the charter of the city of Eastman, authorizing an increased tax rate. This Act submitted to popular vote. Form of ballots. Approved August 7, 1914. EAST POINT, CITY OF, SCHOOL BONDS. No. 375. An Act to amend an Act creating a new charter for the city of East Point, approved August 19, 1912; to authorize the city council of the city of East Point to issue bonds to the amount of thirty thousand dollars ($30,000) for the purpose of building and equipping a public school building or buildings in said city of East Point, 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 the Act to create a new charter for the city of East Point, approved August 19th, 1912, be and the same is hereby amended by striking all of Section 61, of said Act, after the enacting clause and inserting in lieu of the matter so stricken, the following: That the city council of the city of East Point be, and they are, hereby authorized to issue and sell bonds of said city of East Point to the amount of thirty thousand dollars ($30,000.00), 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

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in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said city assent to the issue of said bonds as provided by law at an election to be held 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 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, and also to provide for the payment of one-thirtieth of the principal of said bonds each year. 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 other and 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, in such manner and at such places in said city as a bond commission which shall be composed of five citizens of said city, two of which are to be members of the board of education of said city, who shall be chosen for said commission by members of said board; and three of which shall be elected by the people at large at a special election which shall be held for said purpose by city council of said city as soon as possible after the election which shall authorize the issue of said thirty thousand dollars ($30,000.00) of bonds deed proper. Act of 1912 amended. Bond issue for school buildings. Election to be held. Tax. Bond commission. SEC. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1914.

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EAST POINT, CITY OF, CHARTER AMENDED. No. 385. An Act to amend an Act creating a new charter for the city of East Point, approved August 19, 1912, by changing the limit of tax levy in said city, by changing the hours for voting in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section Fifty-nine (No. 59) of the Act approved August 19, 1912, creating a new charter for the city of East Point be amended as follows: by striking the word thirty-five in the eleventh line of said section, and inserting in lieu thereof the word thirty. Act of 1912 amended. SEC. 2. Be it further enacted by the authority aforesaid, That Section Sixty-four (No. 64) of the Act approved August 19, 1912, creating a new charter for the city of East Point be amended as follows: By striking the word seventy-five in the ninth line of said section and inserting in lieu thereof the word fifty and by striking the word thirty-five in the eleventh line of said section, and inserting in lieu thereof the word thirty. Act of 1912 amended. SEC. 3. Be it further enacted by the authority aforesaid, That Section Ten (10) of the Act approved August 19, 1912, creating a new charter for the city of East Point be amended as follows: By striking the words 8 p. m. and 3 p. m. in the thirteenth line of said section and inserting in lieu thereof the word 7 a. m. and 7 p. m. respectively. Act of 1912 amended. SEC. 4. The foregoing Act shall not become effective nor of force unless a majority of the qualified voters of East Point, voting at an election called for that purpose by the mayor and general council of East Point within six

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months from the passage of this Act, at least thirty days notice being required, under the provisions of this Act, to be given to such voters, of the time and manner of holding such election, which said election shall be held, managed, and the votes canvassed and the result declared in the same manner as regular municipal elections are now held under the charter and ordinances of said city. Those voting in favor of this Act shall have printed or written on their ballots the following words: For the amended charter of East Point reducing the tax rate as provided by Act of the General Assembly of 1914. Those opposed shall have written or printed upon their ballots the following words: Against the amended charter of East Point reducing the tax rate as provided by Act of the General Assembly of 1914. If a majority of the votes cast in said election is in favor of the Act the same shall thereupon become a law. If a majority of the votes cast in said election is against this Act the same shall not become a law. This Act submitted to popular vote. Form of ballots. 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 11, 1914. EATONTON, CITY OF, CHARTER AMENDED. No. 367 An Act to amend an Act entitled An Act to create and establish a new charter for the city of Eatonton, to define the rights, powers and privileges of said corporation and for other purposes, approved August 5th, 1908, by providing for the ratification of municipal contracts for a period longer than one year by popular vote, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly sembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entiled An Act to create and establish a new charter for the city of Eatonton; to define the rights, powers and privileges of said corporation and for other purposes, approved August 5th, 1908, be, and the same is, hereby amended by adding at the end of Section 32, of said Act, the following, to-wit.: Any municipal contract for a period longer than one year shall be submitted to the qualified voters of said city, at either a regular election or a special election ordered for the purpose, such elections being held as bond elections are held, and governed by the same regulations; provided, the published notice need contain only a brief statement of the purpose of the proposed contract, a full copy thereof being filed with the clerk for public inspection during the thirty days next preceding said election. No validation proceding shall be required, as in the case of bonds, but such contract shall be fully authorized or ratified when the same shall have received the assent of two thirds of the qualified voters of the city, and the result of said election shall have been spread upon the minutes of the board of council. Act of 1908 amended. Municipal contract for longer than a year to be submitted to popular vote. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1914. ELLAVILLE, CITY OF, NEW CHARTER. No. 436. An Act to create a new charter for the city of Ellaville, in the county of Schley, and to reincorporate said city and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said city of

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Ellaville; to provide for a mayor and councilmen and other officers for said city and to prescribe the powers, duties, rights and liabilities of all officers of said city, and the manner of their election or appointment and their removal from office; to provide for the retention of the present officers of the city of Ellaville until election of officers for said city under this charter; to provide that all ordinances, rules and regulations of the corporation of the city of Ellaville, not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations of the city of Ellaville, incorporated by this Act until the same are repealed or amended by the mayor and council of the city of Ellaville; to provide for streets and sidewalks, and the working and paving of the same and the establishment and maintenance of parks and cemeteries; to authorize and empower the mayor and council to purchase or build, establish, maintain and operate a system of waterworks, electric lights and sewerage for the city of Ellaville; to create a board of education and authorize the establishment, maintainance and operation of a system of public schools; to authorize the mayor and council to hold elections as now provided by law to determine the question of creating a debt against said city by issuance of bonds; to provide for the assessment, levying and collection of an ad valorem tax upon all property, both personal and real, for general purposes and for the purpose of paying the principal and interest of said bonds; to authorize and provide for granting licenses to and taxing all kinds of business, trades, professions, shows, exhibitions and entertainments, to provide for all matters of municipal concern, needs and requirements, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the city of Ellaville, heretofore incorporated under the laws of Georgia, shall from and after the passage of this Act, be known by the corporate name of the city of Ellaville and by that name be, and is, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and the said city of Ellaville, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its mayor and council such ordinances, rules and regulations and resolutions for the transaction and of its business, and the welfare and proper government of said city, as the said city council may deem best, and which shall be consistent with the laws of the State of Georgia, and of the United States, and said city of Ellaville shall be able by law and is hereby authorized and empowered to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity or for any number of years, any estate or estates, real or personal, lands, tenements of all kinds whatsoever, within or without the limits of said city for corporation purposes. It shall have special power in its corporate capacity to make all contracts which the mayor and council may deem necessary for the welfare of the city or its citizens; to assess values of property levy and collect taxes thereon, and remove nuisances. The mayor and council shall have full control and power over streets, lanes and alleys of said city, and to remove obstructions therefrom as is generally exercised by and granted to municipal corporations, and shall in general have all powers incident to corporations under the laws of this State which are necessary and proper in order to regulate, make, maintain and preserve a proper and legal government of said city, and to declare what Acts or things shall be unlawful. City of Ellaville incorporated. General powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be as follows: Beginning at the center of Broad Street at the point where Oglethorpe Street intersects said Broad Street and

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extending one-half mile in every direction from said central point, making a complete circle. Territorial limits defined. SEC. 3. Be it enacted by the authority aforesaid, That the government of said city of Ellaville shall be vested in a mayor and five councilmen. The present mayor and councilmen of the city of Ellaville 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 mayor and council of the city of Ellaville created by this Act, and all the ordinances, rules and regulations of the old corporation of the city of Ellaville, not repugnant to this charter, are amended, changed or modified by the mayor and council of the city of Ellaville, and all the officers of the old corporation of the city of Ellaville shall continue to hold their offices, until the expiration of the term for which they were elected, and until their successors are elected and qualified, unless sooner suspended, removed or discharged by mayor and council. Government in mayor and council. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held in the city council chamber in the city of Ellaville, on the second Tuesday in December, 1914, and annually thereafter, for mayor, five councilmen and recorder, who shall serve for one year after their installation, and until their successors are elected and qualified. Election to be held. SEC. 5. 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 submitted to the qualified voters of the city of Ellaville, shall be superintended and managed by a justice of the peace and two freeholders, who are citizens of said city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein. If it be impossible to obtain a justice of the peace to preside at said election, each of said managers before entering on

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his duties shall take and prescribe before some officer of Schley County qualified by law to administer oaths or before each other in the absence of such officer, the following oath: We, and each of us do solemnly swear that he 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 at the council chamber, or some other place previously provided for by the mayor and council and the voting shall be by ballot. 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 two days before election, and notice thereof given to persons appointed, and if anyone or more managers so appointed fail to appear and serve at the time for opening the polls on the day of the election the vacancy may be filled instanter, and the necessary numbers of managers appointed by the mayor then in office, or by the mayor pro tem. In the absence of the mayor, or in the absence of both, by any councilmen then in office. The said managers shall receive such compensation as may be fixed by the city council not to exceed two dollars per day each, to be paid out of any funds in the city treasury. Elections. Managers. Oath of managers. Tally sheets. Place. Managers. SEC. 6. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said city shall be opened from 9:00 o'clock a. m. to 4:00 o'clock p. m. at which time they shall be closed and the managers of any such election shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall make certificate of the results on each tally sheet, and shall place one of the list of voters and one of said tally sheets, together, with the ballots, in an envelope, or box and seal the same, and deposit the same with the clerk of the superior court of Schley County. The other list of voters and tally sheet shall be filed with the clerk of the city council by the managers of the election for delivery to said city council, who shall meet within three days after the election is held and inspect the returns and declare the results

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of the election, which declaration of the result of said election they shall cause to be entered on record on their book of minutes. The clerk of the superior court and the clerk of the city council after the expiration of thirty days time from the time of the election, shall destroy said ballots and list of voters without inspection; provided, no notice of contest be filed or pending, in which case they preserve the same until contest be finally determined. Polls. Returns. Notice of contest. SEC. 7. Be it further enacted by the authority aforesaid, That all persons who have paid all taxes legally imposed and demanded of them by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of the said city for at least ninety days previous to the time when the election is held, and who are qualified to vote in the county of Schley for members of the General Assembly of Georgia, shall be considered electors and entitled to vote in said city election. Voters qualified. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the city council on the first Wednesday of August of each year to open a book for the registration of the qualified voters of the said city which book the city council shall cause to be purchased. Said book shall be kept in some convenient place until the fourth Wednesday in November, when said book shall be absolutely closed. It shall be the duty of the clerk during the time when said book is open, upon the application of every male person who is qualified to vote for members of the General Assembly, and who is otherwise qualified under this charter, to register the name of such person, recording on said book opposite applicant's name his age, occupation or business, and the place of his residence. Before registering an applicant, the clerk shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the State of Georgia for twelve months, in the county of Schley six months, and the city of Ellaville for ninety days next preceding this registration, or that by the date of the next city election if still a resident of said city, you will have fulfilled these

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conditions; that it is your intention to remain a resident of the city until the day of election; that you are twenty-one years of age; that you have paid all taxes due the city of Ellaville, and that you have made all returns required of you by the ordinances of said city, so help you God. After said book is closed, no person shall be allowed to register unless it may be shown that he was prevented from registering by providential hindrances, if that be shown to the satisfaction of the clerk he may permit the person then to register. When said book is closed, it shall be the duty of the clerk to make out a list of the voters in alphabetical order, the white voters separate from the colored, and deliver the list to managers of the election on the day of the election and when the polls are first opened. Said list must be certified to under the hand of the clerk of said city. Registration of voters. SEC. 9. Be it further enacted, That if any person shall vote in the city elections 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 by law after an indictment or presentment by the grand jury of Schley County, has been preferred against him and he has been convicted. Illegal voting. SEC. 10. Be it further enacted, That no person shall be eligible to the office of mayor or of councilman of said city unless he be a citizen of said city and of the age of twenty-one years, and has resided in said city one year prior to said election and shall have paid all taxes required of him by the laws of said city and of the State. Eligibility of mayor and of councilmen. SEC. 11. Be it further enacted, That the term of office of the mayor and councilmen of the city of Ellaville shall be one year after the first Wednesday in January after their election and until their successors are elected and qualified. On the first Wednesday in January of the year after their election, the mayor and councilmen shall meet in the city hall or council chamber and there severally take before some officer of this State authorized to administer oaths, the following oath of office: I do solemnly swear that I

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will well and truly demean myself as mayor (or councilman, as the case may be), of the city of Ellaville, for the ensuing term and faithfully enforce the charter and ordinances of said city, to the best of my skill and knowledge without fear or favor, so help me God. Should any councilman or mayor-elect be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Terms of office. Oath. SEC. 12. Be it further enacted, That should any contest arise over the result of any election of mayor or councilman of said city it shall be conducted as follows: The contestant or contestants shall within ten days from date of election, by petition to superior court of Schley County, plainly and distinctly set out his or their grounds of 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 Schley County. Immediately upon the filing of said petition with the clerk he shall transmit a copy thereof to the superior court of Schley County, and shall furnish the contestees, as set out herein, each a copy of the petition. Upon the receipt of a copy of said petition the judge shall fix a time and place of hearing and indorse the same on said copy; provided, that the time of hearing shall not be more than sixty days nor less than thirty days from the date of his order, and may at the session of the superior court of said county, or in vacation as the judge determines. All parties shall receive from the clerk of the court ten days notice of the time and place of hearing and at the time and place the judge shall proceed to hear and determine said contest and all issues of law and fact submitted therein, with the right of either party thereto to except to the judgment of the judge. The cost accrued in the hearing shall be charged to the losing party or parties, and execution may issue to enforce its payment. Contest of election. SEC. 13. Be it further enacted, That during the pendency of said contest, the persons who have been declared elected, as hereinbefore provided, by the city council, shall exercise the duties of their respective offices.

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SEC. 14. Be it further enacted, That in the case of a vacancy in the office of mayor, caused by death resignation or failure to elect, removal from city or otherwise, said vacancy shall be filled by 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 its own members should they see fit; and in the case of a vacancy in the office of councilman, caused by death, resignation, removal from the city, failure to elect elevation to mayorality, or otherwise, the same shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman for the unexpired term. Said mayor or councilman thus elected shall, before entering upon the duties of their respective office take the oath of office heretofore prescribed. Vacancy in office, how filled. SEC. 15. Be it further enacted, That should the mayor or councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance or non-performance of his official duties, the office or offices may, in the discretion of the remaining members of the council, be declared vacant and the vacancies filled as provided in Section 14, of this Act; provided, that this power to declare any office vacant shall not be exercised until the party whose office is affected shall have resonable notice, not less than ten days, of the intention of the city council to investigate his conduct with the view of declaring his office vacant, which notice shall be written and specify the time and place of hearing, said party affected shall have the right to be present at said hearing, have compulsory process to compel the attendance of such witnesses as he may wish subpoenaed in his behalf, and to be represented by counsel. Power to declare office vacant. SEC. 16. Be it further enacted, That the city council shall be presided over at its meetings by the mayor, or in his absence, mayor pro tem., and a majority of the council shall be necessary to constitute a quorum for the transaction of business. The said council shall cause to be kept in a wellbound book an accurate record of all its proceedings, bylaws,

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Acts, orders, ordinances and resolutions, which shall be 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 meetings as they may determine and the mayor or mayor pro tem., may call such other additional meetings as the emergencies may require in his judgment. At such meetings of said city council the proceedings of the last meeting shall be read and corrected and signed and approved as corrected by the 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. Quorum. Record of minutes. SEC. 17. Be it further enacted, That the city council at the first meeting after their election and qualification, elect one of their members as mayor pro tem., who shall in the absence of the mayor and in case of his disqualification, 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, 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, is unable to Act. Mayor pro tem. SEC. 18. Be it further enacted, That said city council shall have power to elect one or more policemen, one of whom shall be known as the chief of police, also a treasurer. They may elect a city attorney, city physician, and such other officers as to them may seem necessary and proper. The term 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 policeman as may be necessary from time to time and said extra policemen shall receive such compensation as may be fixed by the council. Each of said officers shall, before entering upon the discharge of their duties take an oath to faithfully discharge said duties such oath to be prescribed by the mayor and councilmen; such

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officers to receive such salary and to make such bonds as the mayor and councilmen may prescribe, any of said officers may be dismissed from office at any time by a majority vote of the city council, when it shall satisfactorily appear to the mayor and council that said officers have been negligent of duty or guilty of misconduct. Policemen. Treasurer. Attorney. Physician. Extra policemen. Oath of officers. Salary. Removal. SEC. 19. Be it further enacted, That the mayor of said city shall be the chief executive thereof; he shall see that all laws, ordinances, resolutions, by-laws and rules of said city are faithfully and fully enforced and excuted, and that all officers of said city shall faithfully perform the duties required of them. The city council shall have power and authority to enact such ordinances from time to time as they deem necessary to enforce the provisions of this charter; but no ordinance shall pass unless it shall receive the vote of three councilmen, if there be a full board present. In the event a full board of five councilmen are not present, no ordinance, or other measure shall be passed unless it receive the vote of three councilmen; provided, 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 mayor shall be passed and held of full force and effect. In no case may the mayor have the right to vote upon any ordinance or measure except in the case of a tie but it shall be his duty to vote in all cases when a tie arises whether with a full board 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 that a councilman shall be disqualified from voting in accordance with the disqualification prescribed by laws of the State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the minutes and the remaining members of the council shall proceed to vote and act as if said councilman was absent. It shall be optional 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 may have the same published in any newspaper of said city, but the failure to post

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or publish any ordinance, resolution or measure shall in no wise operate to render same void. Mayor's duties. Ordinances. SEC. 20. Be it further enacted, That the mayor of said city may exercise within the city the powers 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 twenty-one years of age and over, to aid in enforcing the laws and ordinances of said city, or in suppressing riot or disorderly assemblage of any kind; he shall have the right to inspect the books and, papers of any 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 information relative to the affairs of the city and he shall recommend for the consideration of the council such measures as he may deem fit and proper. Mayor's powers and rights. SEC. 21. 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 the mayor and mayor pro tem., any member of the council may hold a court to be called a 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 in evidence and to punish for contempt. The punishment of any violation of the city laws, ordinances rule or contempt shall be a fine not exceeding $200.00 or imprisonment in the guard house for a term not exceeding three months or to work on the streets or such other places where the offenders may be lawfully placed at work not to exceed three months; one or more or all of these punishments may be imposed in the discretion of the trial court. Any person convicted of any offense before the trial court may enter an appeal from the judgment of said court to the city council provided the appeal be entered instanter, and a bond given for his appearance to abide the judgment of the city council sitting as a court. But if the accused will make oath that he is unable to make bond he shall nevertheless enter an appeal informa

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pauperis and shall be given a speedy trial. The accused shall have the right to be heard by council in any trial in the mayor's court, in case an appeal is entered and a bond given the mayor or chief of police shall assess the bond and approve the same. The trial on the appeal shall be heard before the mayor and the entire city council, unless it be impossible or impracticable to have a full board present, then the trial shall be had before the mayor and three members of the council and it shall require the votes of not less than three members of the council to reverse the judgment of the first trial court. And said city council shall be empowered to acquit the defendant, sustain the judgment of the presiding officer from whom the appeal was taken or change or alter same at their descretion; provided, however, that any judgment of the city council may be suspended by the writ of certiorari in accordance with the laws being hereby given. The city council shall have the right to establish a city chaingang in said city to own and possess a guard-house and provide for the confinement of offenders therein during the time they are not at work and to provide for their maintainance during the period of the imprisonment. The city employees in charge of convicted offenders shall have the right to administer such reasonable discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the city council. Mayor's court. Powers. Contempts. Appeal. Certiorari. Chaingang. Guard house. SEC. 22. Be it further enacted, That if on trial of any person before the mayor's court for a violation of any ordinance or law of said city shall appear that such person is probably guilty of offense against the said penal laws of the State it shall be the duty of the court so trying the offender to commit to prison or let to bail to answer before the court having jurisdiction of the same for the offense committed. Offenses against State laws. SEC. 23. Be it further enacted, That it shall be lawful for the chief of police of said city or any regular or special policeman or marshal thereof to arrest without a 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

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have been guilty in said limits of disorderly conduct, public indecency or any other violation of the ordinances or laws of said city and to hold such persons so arrested until the hearing of the charge can be had before a proper officer and to this end the arresting officer is authorized to imprison and confine any person arrested by them in the guardhouse. To affect and arrest in case it may be necessary the police or marshal or any marshal or any arresting officer shall have authority to call to his assistance the sheriff of Schley County, or his deputy or any constable of the county or any other citizen of the city, and such persons when so summoned shall be bound to assist and aid such officers and for failure to do so may be punished in the mayor's court in the manner heretofore provided. Arrests without warrant. Assistance. SEC. 24. Be it further enacted, That the chief of police or any lawful officer of said city shall have the right to accept from any person arrested by them a good and sufficient bond, which bond shall be approved by the arresting officer, conditioned for the appearance of the offender before the mayor's court on a day certain bond shall be payable to the city of Ellaville in an amount fixed by the arresting officer. When a bond is given and accepted by the arresting officer, he may then release the offender; but if it be a matter which in the judgment of the arresting officer is would be dangerous to the public to release the offender and permit him to be at large, said arresting officer, may refuse to accept a bond and release the offender but may commit him to the guardhouse until the day of trial and in such event it shall be the duty of the mayor to call his court as soon as practicable and give the offender a speedy trial. Bond or arrest. SEC. 25. Be it further enacted, That if any person who has been arrested for violating any law or ordinance of the city of Ellaville and has given bond for his or her appearance before the proper city authorities to answer to the charge preferred fails to so appear at the time and place fixed in the bond, said bond shall be declared forfeited and rule nisi shall issue directed to the principal and security requiring them to show cause before the mayor's court at

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the sitting of the said court to be held not less than ten nor longer than thirty days from the date of the forfeiture why the bonds should not be absolutely forfeited. Copies of the rule nisi shall be served on the principal and surety or sureties named in the bond at least five days before the sitting of the court to which it is made returnable either personally or by leaving same at the most notorius place of abode or the person on whom service is perfected or by publishing the same in any gazette published in the city one time or if no paper is published in the city, service may be perfected by posting a copy of the rule nisi at three public places in the city ten days before the sitting of the court. If at such return term no sufficient cause is shown to the contrary the forfeiture shall be made final and absolute and execution shall issue against the principal and surety or surities on said bond or such of them as have been served for the full amount thereof and all the costs of whatever nature which execution shall be signed by the clerk and by the mayor of said city. Said execution shall be a lien on the property of the defendant and the sureties in the same manner as executions from the superior court of Schley County. Said execution shall be directed to the chief of police of the city of Ellaville and to all and singular the sheriff and constables of said State, any one of whom may execute the same. Bond for appearance. Forfeiture. Execution. SEC. 26. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Ellaville, including the payment of bonds, interest on bonded debts and the creation of a sinking fund for the final extinguishment of any bonded debt and for grading, working or paving streets the mayor and council of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said city which under the laws of this State is subject to taxation not exceeding one per cent of the assessed value of all such property; provided, that in addition thereto they shall have power and authority to

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levy and collect an ad valorem tax of not more than one-half of one per cent on all property to be known as a public school tax; and provided, further, that this public school tax shall not be levied or collected until the question of levying shall have been submitted to the qualified voters of the city of Ellaville and passed by two-thirds majority. Taxation ad valorem. SEC. 27. Be it further enacted, That the city council in their discretion shall have the power and authority to levy and collect tax upon the gross sales of every merchant or other vender of goods, wares, merchandise, etc., in said city; said tax not to exceed one-half of one per cent, and to be in lieu of business tax. Tax on gross sales. SEC. 28. Be it further enacted, That the said city council shall have the power and authority to provide for the levying and collecting of a business tax 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 the inhabitants of said city to engage in any profession, trade, business 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, occupation, trade or business, and city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation or business tax, or to 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. Business or occupation tax. SEC. 29. Be it further enacted, That said city council shall have power and authority to regulate and control, by ordinance, and to license all hotels, boarding houses, restaurants, saloons for the sale of bottled goods, creams, ices, soft drinks of any kind, livery, sale and feed stables, hacks, drays and other vehicles run for profit, auctioneers,

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itinerant trades, theaters and theatrical performances, shows, circuses and exhibitions of all kind where an admission fee is charged, oil mills, ice works, laundries, waterworks, electric light plant, itinerant lightning rod venders, book agents, peddlers, itinerant venders of any kind of goods, wares and merchandise of any kind, offered for sale, every keeper of billiard, pool and bagatelle tables, a tax for each table kept for public play, keeper of a shooting gallery or ten pin alley or any game of chance, upon the keeper of any table device, stand or play for the performance of any game or play, whether played with sticks or balls, rings or other contrivance, whether for money or other things of value, upon ballrooms, flying jennies or other like contrivances, skating rinks, life, fire or accident insurance agents, banks and bankers, brokers, and commission merchants, beef markets and green grocers, dealers in fish and oysters, contractors and builders, barber shops, junk shops, pawn brokers, repairers and menders of shoes and upon all and every establishment, business trade or occupation not herein mentioned, and which by the laws of the State, are subject to license. Control and licensing of occupations. SEC. 30. Be it further enacted, That said city council shall have power and authority to make out and establish, by ordinance, a fiscal year in their discretion, from which and to which all license shall date. Should any apply for a license for any business in said city, for which a license is required at any time after the fiscal year has begun, said city council shall have authority to require from such persons and the same amount as required for a license for a full year, unless the city council desires to prorate the amount, which in their discretion may be done; provided, 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; provided, further, that this section of this Act is not compulsory but discretionary and the city council may issue license and collect the same for any portion of the year. Licenses. Fiscal year. SEC. 31. Be it further enacted, That said city council shall have power to enforce execution of any debt or claim

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due or to become due to said city for taxes, license, fees, fines, forfeitures, for cleaning and repairing privies and for abating nuisances, for laying sewers, and drains, and for any and all levies, assessments, fines, debts, and demands due or to become due to said city, said executions to be issued by the clerk and bear test in the name of the mayor, and be directed to the chief of police of the city of Ellaville, and to all and singular, and sheriffs, deputy sheriffs and constables of this State, and who are authorized to execute and levy the same upon which it is issued or on the property of the owner against whom such executions shall issue as the same is to be sold as provided by the Code of Georgia, 1911, by Sections 879, 880, 881, 882, in case of sales for taxes. Executions. SEC. 32. Be it further enacted, That said city council shall have power to provide by ordinance when the taxes of said city shall fall due, and tax execution shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes. SEC. 33. Be it further enacted, That the said city council shall have authority to contract debts and issue bonds of said city in accordance with the limitations provided in the constitution and general laws of the state, applicable to municipalities and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, erect public buildings or any improvement, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations herein stated. Debts and issue of bonds. SEC. 34. 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 ten thousand dollars in amount under restrictions hereinafter prescribed for the purpose of building a school house or school houses in said city, and supply furniture, fixtures and apparatus for same. Said bonds shall run for a term

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not exceeding thirty years and said mayor and council may provide for their maturing at any time during the thirty years. Said bonds when issued shall be sold and the proceeds turned over to the Ellaville board of education, hereinafter provided for, to be used by said board for the purposes mentioned in this section and for no other. Before said bonds shall be issued it shall be so recommended by the said Ellaville board of education, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the may or and council upon the recommendation of the Ellaville board of education, shall order an election of which at least thirty days notice shall be given by publication of such notice of whatever paper may be the official organ of Schley County. Said election shall be governed by the rules and regulations governing elections for mayor and council of said city and the qualification of the electors shall be the same. Each voter shall have printed or written on his ballot the words, For school bonds or Against school bonds, and if two-thirds of the qualified voters of said city shall vote for school bonds, it shall be the duty of the mayor and council of said city to issue them at once, and the method of ascertaining the number of qualified voters in said city at the time of said election shall be as prescribed by Section 443, of the Code of Georgia of 1911, at the time said bonds are issued said mayor and council of said city shall provide for the levy and collection of an annual tax if necessary in addition to all other taxes now authorized by law of sufficient amount to pay promptly principal and interest of said debt when the same shall become due, nor shall any parts of the funds so raised be used for other purposes. If any school property of said city be sold, the funds arising therefrom shall be reinvested in the property for school purposes or applied to the liquidation of said bonds. Bond issue for schools. To be submitted to voters. Ballots. SEC. 35. Be it further enacted, That the city council of said city of Ellaville are authorized out of any funds coming to their hands available for that purpose, to purchase real estate in said city of Ellaville and to erect thereon a

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building or buildings in which said corporation authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard house, and such other building as may be necessary or convenient for carrying on the government of said city. Public buildings. SEC. 36. Be it further enacted, That every male person between the ages of twenty-one and fifty years, who has resided in said city thirty days shall be liable and subject to work on the streets and sidewalks of said city not to exceed fifteen days in each year, at such times as the city council may require, or pay a commutation tax in lieu thereof not to exceed five dollars a year as the city council may determine. Should any one liable to work on the streets and sidewalks of said city under this section fail or refuse to do so, or to pay the commutation tax in lieu thereof after having received due and timely notice to do so, he shall be punished, and on conviction in the mayor's court, be fined, imprisoned in the city prison, or made to labor on the streets and sidewalks in accordance to such ordinances as may be enacted covering this matter. Street tax or work. SEC. 37. Be it further enacted, That the city council shall have the power to condemn and appropriate, as hereinafter provided, private property for public use, to lay off and open new streets, alleys, sidewalks, lanes or other ways for the conveniences of the public or any citizen of said city; also to vacate, close, alter, widen, curb, pave and keep in repair and good order all streets, alleys, avenues, sidewalks and, etc., and to construct and keep in repair, dranes, sewers, gutters, to lay off and impove public parks and grounds, to keep all public grounds, streets, lanes, sidewalks, alleys, or other ways free from obstructions of any kind, to regulate the width of the streets, sidewalks, crosswalks on the streets, to grade or to change the grade on all the streets, sidewalks, alleys, avenues, or other ways; to require abutting land owners to curb, pave or improve sidewalks at their own expense under the direction of the city authorities, and upon failure of such land owners to

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do so, after notice from the city authorities, the city authorities may have such work done and collect the cost thereof from the abutting land owners by execution as other taxes are collected. Condemnation of private property. SEC. 38. Be it further enacted, That the city council shall have the right and power to regulate the use of all sidewalks, cross walks, and bridges over or under the same; to require the owners or occupants of any premises to keep the sidewalks in front of, or along the same free from obstruction of any kind, to regulate and prevent the throwing of ashes, filth, dirt, offal, garbage, or any offensive matter into any street, lane, alley, sidewalk or public place within the city limits or into any stream of water adjacent to the city and to prevent any injury to the streets, sidewalks, lanes, or avenues or to any of the public grounds or buildings of the city; also to regulate or prohibit the use of the streets and public grounds for signs, sign posts, awnings, telegraph and telephone poles, horseracks and troughs, and the posting of hand bills and advertisements, and to prohibit the scattering on and over the streets and sidewalks of waste paper, refuse goods boxes and like, and to regulate and provide for curbs and gutters that flow into the streets or on the sidewalks of said city. Sidewalks, crossings, bridges. SEC. 39. Be it further enacted, That in all cases where the authorities of said city see proper to open a new street or to widen any street, lane or alley or in any way to change the same, it shall be lawful for them to have said streets, lanes or alleys or the proposed change in same surveyed or marked before proceeding to open the same, they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed for a period of ten days, during which it shall be lawful for such owner, his agent or attorney in case he can not agree with the authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley or to the widening or changing the old street, lane or alley and to make claim for damages which may result to

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such owner. In case no objection or claim for damages is filed within ten days it shall be lawful for the city council to proceed at once to open said street, lane or alley or to make such changes in any old one agreeable to the survey made before the commencement of the proceedings; and the owner of the land through which said new street runs or such changes proposed to be made shall be stopped thereafter claiming any damage by reason of the opening of said new street, or changes or widening of the old one. In case objections are filed and damages are claimed it shall be the duty of the mayor of the city to select one disinterested freeholder resident of the city and the owner or his agent another and the two a third, and in case the said owner shall refuse to select an assessor the ordinary of Schley County shall appoint one for him on application to him reciting said facts by the mayor of the city and the three assessors so chosen after hearing such evidence as may be offered by either party shall proceed to assess the damages resulting therefrom; provided. either being dissatisfied with said award shall have the right to appeal from the same to a jury in the superior court of Schley County under the laws governing appeal in other cases. Streets. Assessment of damages. SEC. 40. Be it further enacted, That the mayor and councilmen of said city of Ellaville 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, or waterworks and sewerage, a system of electric lights, a system of gas works and other public utilities, any one, more or all, as and whenever they consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates, and to provide by ordinance for the punishment of those who illegally use water, electricity or gas or service from such public works or who illegally diverts 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

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for same promptly, when due said mayor and councilmen are hereby authorized to cause executions to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other execution 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. Waterworks, sewerage, gas and electricity. SEC. 41. Be it further enacted, That said city council shall have the power to prescribe the limits within which wooden buildings or structures of any kind shall be erected, placed or repaired without permission of said city council to provide that any and all buildings within said limits which shall be known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent., of their value, shall be torn down or removed and to prescribe the manner of ascertaining such damage and the damage sustained by the owner by reason of being compelled to tear down or remove, such building. In case of an offense against such fire regulations the city council after giving notice five days shall cause any building not fire proof and erected in violation of ordinances of said city to be removed at the expense of the owner or the builder thereof, to be collected by execution as in cases of other executions issued by the city; and the city council shall have the right to determine what are and what are not fire proof buildings within the meaning of said ordinances. Said city council shall have the right and power to prohibit and prevent the construction of dangerous chimneys, fire places, hearths, stove pipe, ovens, boilers, and apparatus used about any building or manufactory and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety against fire. Buildings. SEC. 42. Be it further enacted, That any and all persons, firms and corporations, owning or holding property of any kind in any capacity within the corporate limits of

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said city on the first day of January of each year after the passage of this Act shall return the same for taxation under oath, at any time from the first day of March to the first day of July of each year to the clerk of said city or other officers authorized to receive the returns for said city. The city council shall cause to be prepared, a blank form of schedule for the return of all taxable property with appropriate blanks and lines for property of every description subject to taxation under the laws of the State and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all property owned or held in any capacity by said tax payer, of every kind and description, both real and personalty, including money, notes and accounts, choses in action, mortgages, bonds, stocks of any kind not by law exempt from taxation, the full value of all notes, accounts, mortgages, liens, stocks, bonds and other investments, and securities held by each tax payer in said city in his own right or as agent, trustee, guardian, executor or administrator on the first day of January of each year be returned whether solvent or insolvent and with the estimated values of all such notes, accounts, mortgages, bonds and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom returns are made, or some officer of the State authorized to administer an oath to-wit.: I do solemnly swear that the above and foregoing is a true and correct return of all property, both real and personal owned or held by me in any capacity whatsoever on the first day of January of the present year subject to taxation in the city of Ellaville, including money and notes and accounts, mortgages, bonds, liens, stock and all other investments and securities, so help me God. The clerk of said city or other person receiving tax returns, shall close the books for receiving tax returns at sum set on the first day of July, of each year, and shall deliver the returns to the city council at the next regular meeting. The said city council shall have power and authority if they see fit to pass an ordinance providing that all parties failing to make returns for taxation within the time

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prescribed herein shall be doubled taxed, and provided for the collection thereof. The assessment may be made at that or any subsequent meeting thereof. Tax returns. SEC. 43. Be it further enacted, That said city council shall have power and authority each year at any time after the books for receiving tax returns is closed, if they are not satisfied that all returns of property have been made at a fair valuation thereof, to appoint three upright and discreet citizens, of said city to act as tax assessors whose duty it shall be to value the real estate and personalty in said city for taxation and to scrutinize carefully each return of property, real and personal, by any tax payer of said city; and if in their judgment they shall find the property embraced in any return, returned below its true value they shall assess the value thereof within twenty days after their appointment, and whenever they shall raise the valuation at which the tax payer had returned his property, they shall give him or her notice in writing of their assessments; then it shall be the tax payer's privilege if dissatisfied with their assessment to have the matter submitted to three disinterested persons residents of said city one of whom shall be selected by him and one the assessors and the other by these two selected and the majority of these shall fix the assessment which shall be final. Tax assessors. SEC. 44. Be it further enacted, That said city council shall have power to regulate or prevent the storage of gun powder, dynamite or other explosive substance, resin, petroleum, cotton or any other combustible material within the limits of said city; to regulate or prohibit the building of bonfires and the exploding of fire-works, skyrockets and romancandles, fire crackers and other pyrotechnic display within city limits. Dangerous substances. SEC. 45. Be it further enacted, That said city council shall have power to summarily and forcibly remove at any time and without notice to any one and all, obstructions of any character from the streets, sidewalks, alleys and avenues of the city they shall have authority to prevent loiterers,

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tramps, vagrants and idle persons and lewd females from walking the streets and sidewalks of the city, and may punish them in their discretion by any punishment authorized by this Act. And whenever it shall appear to the mayor by evidence sufficient to excite suspicion that any room, house or building is being used in said city as a residence of lewd women, as a place where spirituous or intoxicating liquors are sold in violation of law, or a place where gambling is being carried on, or other immoral and illegal and disorderly practices are carried on, the mayor may order the police or any marshal of said city to enter said building, house, room, cellar or shack by force if necessary and arrest the occupants thereof and bring them before him to be dealt with according to law; That said city council shall have power to regulate traffic and sales upon the streets, to regulate the speed of trains, automobiles, cars, locomotives, within the city limits, to prevent fast driving of horses or other animals through the streets; to suppress rowdy or disorderly houses, gambling dens, houses of ill-fame and prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within the city; to declare what shall be a nuisance and to abate the same; to provide for the punishment of all persons who may create or permit nuisances to exist, to prevent the establishment of any offenses or unhealthy place of business within the city; to compel the owner of any stable, hog pin, privy or any offensive or unhealthy nauseous houses or place to cleanse, abate or remove the same and to regulate the location thereof; to prevent the keeping or storage for illegal purposes within the city any wines, liquors or other spirituous or intoxicating liquors of any kind, and to punish any person for violating any ordinance relating thereto. Obstruetions in streets. Vagrancy. Lewd houses. Liquors. Gaming. Disorder. Speed of trains and vehicles. Unlawful houses. Nuisance abatement. Stables, etc. Liquors. SEC. 46. Be it further enacted, That said city council shall have the power to enact ordinances for the purpose of preventing the spread of any contagious disease; to declare, maintain, and enforce quarantine regulations against such disease and to punish for violating any of the quarantine regulations of said city. They shall have power to build

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or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city or to condemn such real estate if it can not be purchased under the rules heretofore established for the condemnation of property. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city, and the citizens thereof. They shall have power to compel all persons to be vaccinated, both permanent residents and sojourners and may provide vaccine points and employ a physician at the expense of the city to vaccinate all persons who are unable to procure it done, and may provide by ordinance for the punishment of persons failing or refusing to be vaccinated. Diseases, quarantine, etc. Vaccination. SEC. 47. Be it further enacted, That the mayor and council shall have the right to revoke any license at any time that may be or may have been granted them under provisions of this charter whenever it is sufficiently shown to them that the person or persons to whom said license was granted is abusing the same, or when it is to the best interest of the city to do so. Revocation of license. SEC. 48. Be it further enacted, That the city council shall have power and the right to establish a fee-bill for the officers of said city. Said fee may be collected and turned in to the treasurer of the city, or may be paid to the officers so earning said fees, as the mayor and councilmen shall by ordinance direct. Fee bill of officers. SEC. 49. Be it further enacted, That the salary of all officers of the city of Ellaville shall be fixed by the mayor and council at the first regular meeting after installation and qualification, which salaries shall not be increased or diminished during the term of office of said officer; provided, that the salary of the mayor of said city shall in no wise exceed the sum of two hundred dollars per year, and the salary of councilmen shall not exceed the sum of fifty dollars per year unless by an amendment of this Act. Salaries of officers.

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SEC. 50. Be it further enacted, That it shall not be lawful for any member of the city council to be interested either directly or indirectly, in any contract with the city of Ellaville having for its object the public improvement of the city, or any part thereof or the expenditure of its money. Any violation of this section by any member of said council, or the mayor shall subject him to removal from office and he shall be punished in the courts of competent jurisdiction as for a misdemeanor. Unlawful interest in city contract. SEC. 51. Be it further enacted, That said city council shall have power to protect places of divine worship and all other lawful assemblages. They shall have the right to control and exercise supervision of cemeteries and to that end may acquire, by purchase or gift, lands either within or without the city limits for the purpose of establishing a place for the burial of the dead. They may by ordinance prevent burial of the dead at any place in said city they so desire. They may prescribe where the dead shall or shall not be buried. Should any cemetery be established under this section, either within or without the city limits the said city council shall have the right to sell or dispose of lots or sections in said cemetery, lay out, work and keep up a street or streets to said cemetery, or walks, lawns, or roads within the same and to regulate the method of burial therein, and to all and everything necessary for the health and safety of the citizens. Places of worship. Cemeteries. Burials. SEC. 52. Be it further enacted, That the city council of Ellaville are hereby authorized and empowered to establish, support, maintain and control a system of public schools which shall be provided for by local taxation and otherwise in the manner hereinafter provided for in this Act for the city of Ellaville, Schley County, Georgia; provided, however, that before the local tax can be levied and collected as herein provided for public schools; the mayor and councilmen, of their own motion, or when requested to do so in writing by fifteen freeholders of said city, shall call and advertise an election in a newspaper published in said city, once a week for four weeks, to be held at the same

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place as other elections are held in said city, at which election all persons qualified to vote for mayor and councilmen shall be qualified to vote. Said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed under the provisions of this charter, and the laws and the constitution of the State of Georgia. The electors at such election shall write or have printed on their ballots For tax for public schools, or Against tax for public schools, and in the event that the necessary majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force, and provided, further, that if at such election the vote should be against taxation for public schools, then the mayor and councilmen are authorized and empowered to call another election for such purpose at any time; provided, a period of six months shall intervene between each election. Public school system. Election. Ballots. SEC. 53. Be it further enacted, That there shall be a board of education of said city, under the corporate name of the Ellaville Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board shall consist of five members, to be elected by said mayor and councilmen within the earliest time practicable after this Act goes into effect. At the first election, two members shall be elected for a term of two years, and three members shall be elected for a term of one year, and thereafter election for members of the board of education shall be held annually at such time as the city council shall fix, or as soon thereafter as practicable and the terms of the members elected after said first term shall be for two years. All vacancies on the board of education shall be filled by special elections for the unexpired term only, and the members of said board shall hold their office until the successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No persons

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shall be eligible to membership upon said board except such person as would be eligible to election as councilman of said city, who, at the time of his election is mayor or councilman of said city. That said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State, or other provisions of this charter. Board of education. SEC. 54. Be it further enacted, That officers of the board of education shall be a president, vice-president, secretary and treasurer and such other officers as the board of education may deem advisable. The secretary and treasurer who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board of education, to faithfully account for all moneys coming into his hands and such office, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bond in any of the courts of this State for any breach of said bond by the said secretary and treasurer and the proceeds of said suit shall be applied to the public schools of said city. Said secretary and treasurer shall pay out no moneys except by orders of the board. His term of office shall be for two years and until his successor is elected and qualified. Officers of board of education. SEC. 55. Be it further enacted, That said board of education shall have power and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time; to establish such schools as they may see fit for the white children and also for the colored children of said city, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall

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at a regular meeting order more than one, and in this have concurrence of the mayor and city council of Ellaville. Powers of board of education. SEC. 56. Be it further enacted, That said board of education shall keep full and accurate minutes of the proceedings of said board, which shall meet at least once a month in regular session, and which said minutes and other books shall be subject to the inspection of the mayor and city council or any other interested citizen of said city. The board of education shall be under the direct supervision of the city council and shall, as often as required to do so, furnish to said city council a full and complete report to their works, undertaking and expenditures together with a statement of moneys had and received. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said school, shall select and employ teachers for said school, and if they see fit, a superintendent for said schools. They shall fix the school terms and the time of beginning and closing, they shall have the right to remove or suspend such teachers and superintendent whenever in their discretion, they may deem such action to be for the best interest for said schools, and their action in so doing shall be conclusive in all cases, and not subject to review by any body or court; they shall fix the compensation of the teachers and pay the same; they shall make such by-laws, rules and regulations for the government of said board and for the control of said teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts which they may deem best to promote the best educational interest of said city, not in conflict with the State laws. Minutes. Reports. Duties and powers of board of education. SEC. 57. Be it further enacted, That said board of education is authorized and empowered to receive, hold, apply, sell, or extend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of said city. Gifts.

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SEC. 58. Be it further enacted, That said board shall out of any funds going into their hands provide school houses by renting, leasing, purchasing or building, and shall properly furnish the same for school purposes. The title of all such property shall be in the corporation of the city of Ellaville. School houses. SEC. 59. Be it further enacted, That said board of education shall keep accurate accounts of all moneys, all property received by them for the use of said public schools, and of all expenditures made by them; these accounts shall be at all times open to the inspection of the mayor and city council of Ellaville or interested citizens of said city. The members of said board shall be personally liable to the city of Ellaville for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purpose. Accounts of board of education. SEC. 60. Be it further enacted, That said board shall annually make reports to the city council of Ellaville, in writing, of the condition of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said board, and present the vouchers therefor. This report shall contain any estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said city council when so requested. Reports. SEC. 61. Be it further enacted, That the terms of the officers of said board shall be fixed by the by-laws and regulations adopted by said board for its proper government, and no officer shall have compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board of education, prior to his election and qualification, not to exceed, however, one hundred dollars per annum, provided, however, that said board by unanimous vote can pay reasonable compensaton for special services which they find necessary to secure in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Terms of office.

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SEC. 62. Be it further enacted, That the public schools herein provided for shall run for a period of not more than ten scholastic months, nor less than five scholastic months in each year. School terms. SEC. 63. Be it further enacted, That if the election provided for in this charter shall be in favor of public schools, then the mayor and councilmen of Ellaville shall be authorized and empowered to assess, levy and collect annually, a tax not to exceed one-half of one per cent per annum, which said school tax shall be used solely and exclusively for the purpose of the establishing, maintaining said schools and providing furniture, apparatus, grounds and buildings for said schools; provided, further, that it shall be lawful in the sound discretion and best judgment and with the consent and concurrent approval of the mayor and city council, for said board of education to change and require a small incidental or matriculation fee for each scholar admitted into said schools which amount shall in no event exceed the rate of fifty cents per month. Tax for schools. SEC. 64. Be it further enacted, That all school children between the ages of six and eighteen years, who are bona fide residents of said city, with their parents or guardians, shall be entitled to the benefits of said schools and no such child or children shall be required to pay any tuition for such cause of study as is now provided by law in the public schools of the several counties of this State, except the incidental or matriculation fee above mentioned, but the board of education may, in their discretion, require children living outside of the limits of said city to pay tuition for and during the school term; provided, all such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fees. School children. SEC. 65. Be it further enacted, That said board of education shall determine as early as practicable in each year which amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for

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ensuing year, and shall submit such finding in writing to the mayor and city council, and when the taxes for such purpose are levied and collected the collecting officer of said city shall pay over same to the secretary and treasurer of said board of education, said taxes shall be assessed and collected as other taxes of said city are. Said taxes to be paid out under the order of said board under such regulations and requirements as they shall provide. Estimate of school expenses. SEC. 66. Be it further enacted, That the board of education of Schley County, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said city of Ellaville nor have any authority or voice in the management of the schools herein established under the provisions of this Act by the board of education of the city of Ellaville. County board of education. SEC. 67. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the board of education of the city of Ellaville the pro rata share of the State and county school fund to which said city is entitled according to the number of children of school age residing within the corporate limits of the city of Ellaville, increased by the number of children of school age residing without the limits of said city, but residing within the limits of Schley County, who, attended such school. For each child of school age residing without the corporate limits in Schley County, but attending said public schools of Ellaville, the city is entitled to receive for each year the amount apportioned for the State school fund for each child of school age residing in the county of Schley. The amount to be paid at such time as the teachers of the county are paid, and when paid, shall be expended by said board for the support and maintenance of the said public schools of Ellaville. It shall be the duty of the board of education to have, prepare, and furnish the State School Commissioner, immediately upon the establishment of said public schools, and annually thereafter, in the fall of each year, at such time as they may establish a list or census of all school children of school age in said city of Ellaville, and of all school children of school

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age residing in the county of Schley, who attended said public schools of said city. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. State school fund. SEC. 68. Be it further enacted, That all assessments or taxes and all funds arising from or collected under this Act shall be by the corporate authorities of the city of Ellaville, kept separate and distinct from the other assessments and collections of said city, and are to be used solely for the purposes herein designated; and the city council shall keep a separate, full and distinct itemized account showing all moneys raised, when, how and from whom and what, and the disposition of the same, to whom, when and for what purpose paid out. Funds to be kept separate. SEC. 69. Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia, incorporating, formerly the town of Ellaville, now city of Ellaville and now constituting the present charter of said city, 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 is passed by the General Assembly and approved by the Governor of the State of Georgia, and be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former charter repealed. Approved August 14, 1914. FAIRMOUNT, TOWN OF, CENTER AND LIMITS. No. 308. An Act to amend an Act approved August 6th, 1908, establishing a new charter for the town of Fairmount, in

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the county of Gordon, so as to change the center and limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the charter of the town of Fairmount be, and the same is, hereby amended by striking and repealing Section 2 of the Act approved August 6th, 1908, as found in Georgia Laws, 1908, page 656, and enacting and substituting in lieu thereof the following, so that Section 2 of the charter of the town of Fairmount shall be as follows, to-wit.: Act of 1908 amended. SEC. 2. Be it further enacted, That the corporate limits of said town of Fairmount shall extend one-half of a mile in every direction from the center of the park in said town. Territorial limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. FAIRMOUNT, TOWN OF, SCHOOL SYSTEM. No. 310. An Act to establish a system of public schools in the town of Fairmount, Ga.; 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 said school system, after submitting the

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same to the qualified voters of the town of Fairmount, and the same is ratified by a two-thirds vote 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 there shall be established in the town of Fairmount, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Public school system in town of Fairmount. SEC. 2. Be it further enacted, That on August the 19th, 1914, after the passage of this Act, the qualified voters shall elect four members of the board of education of said public school system, who shall hold office until the next regular election of mayor and aldermen of said town. At said regular election of mayor and aldermen of said town there shall be elected four members of said board of education, the two candidates receiving the higher number of votes at said election to hold office for a term of two years thereafter, and until their successors are elected and qualified, and the two candidates receiving the next higher number of votes at said election to hold office for a term of one year thereafter and until their successors are elected and qualified, and in like manner annually thereafter two members of said board of education to fill the vacancies occurring by the expiration of terms, as aforesaid. All vacancies otherwise occurring in said board shall be filled immediately by the mayor and council of Fairmount, and such members shall hold office for the balance of the unexpired term. In addition to the four members of said board so elected, the mayor of Fairmount shall be ex-officio chairman of the board of education of Fairmount, and he, together with the four members so elected by the qualified voters of said town, shall constitute the board of education of Fairmount, with the right in them and their successors in office to take and hold in trust for the town of Fairmount any grant or devise of land or donation or bequest of money

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or other property made or sold to it for educational purposes, and with the right to sue and be sued, plead and be impleaded, and with right to purchase suitable lot or lots for school buildings, and to erect such building or buildings by contract or otherwise, and to furnish and equip the same, and to do all things necessary to successfully maintain and carry on a modern public school system. The said board of education is further authorized and empowered to establish and maintain a high school; to conduct dormitories; to purchase property and erect buildings; to furnish and equip the same; to acquire property in trust by purchase or gift; 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 town of Fairmount. The qualifications for members of the board of education shall be the same as prescribed in the charter of said town for mayor and aldermen of said town. Board of education to be elected. Terms of office. Rights, powers, etc. SEC. 3. Be it further enacted, That before 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 Fairmount, 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 to 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 board member. Quorum. SEC. 4. Be it further enacted, That the mayor of Fairmount, 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 electing a chairman pro tempore, to act in the absence or disqualification of the chairman, and also by electing some one of their number as secretary and treasurer, each of said officers to be elected by ballot or acclamation of said board, as they see proper. The members of said board

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of education shall receive no compensation for their services as such. Organization of board. SEC. 5. Be it further enacted, That it shall be the duty of the secretary and treasurer of said board to keep in a well-bound book a record of all the official acts and doings of said board of education, which record shall at all times be kept open to the inspection of any taxpayer of the town of Fairmount. 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 Fairmount, for the faithful discharge 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 on the minutes. He shall receive such compensation for his services as may be fixed by said board, which said board is hereby authorized to contract for and pay out of the public school funds. Secretary and treasurer, and his duties. SEC. 6. Be it further enacted, That said board of education shall elect a superintendent and teachers and other officers for the said public and high schools of Fairmount, fix their salaries, contract with them as such, and pay out of the moneys coming into its hands, and shall have the right and authority to suspend or remove said superintendent or teachers whenever in its discretion it deems it best to do so, and shall suspend or expel any pupil from attendance on said schools whenever in the opinion of a majority of the board it shall be for the best 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 its duty, to borrow money for the support and maintenance of said schools when necessary, and to repay the same with legal interest from the funds coming into its hands. Said board shall at all times supervise, regulate and make efficient said school system, fixing the length of

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the terms and the time of opening and closing the same, prescribe the curriculum, the text books and books of reference to be used therein, and shall do any and all other acts not inconsistent with the laws of this State, as may promote the system of education contemplated by this Act. Superintendent, teachers, etc. Borrowing of money. SEC. 7. Be it further enacted, That said board of education shall annually, on or before the first day of December, make to the mayor and council of Fairmount a written report of all moneys received and disbursed by it, and shall accompany said report with a full itemized statement, accompanied by vouchers for all moneys disbursed, and the same shall be published by the mayor and council of Fairmount, and publication paid for out of the public school fund aforesaid. Report of receipts and expenditures. SEC. 8. Be it further enacted, That it shall be the duty of said 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 the same shall be free to all children within school age residing within the town of Fairmount; provided, however, the board may in its discretion require each pupil entering any of said schools to pay a reasonable matriculation fee, to be paid upon entrance, or in such installments as the board may direct. Children of non-residents may be admitted to such schools upon such terms as may be prescribed by the board. Free grammar and high schools. SEC. 9. Be it further enacted, That it shall be lawful for the county superintendent of schools of Gordon County, or other counties of the State, to make contract with said board of education to teach pupils of school age residing in their respective counties and outside the corporate limits of the town of Fairmount, and to pay said board out of that portion of the common school fund of the State belonging to their respective counties are paid; provided, however, that in the case the rate of tuition for non-resident children, as fixed by said board, is higher than the public school rate authorized to be paid by the county superintendent

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of schools, 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 for teaching non-resident pupils. SEC. 10. Be it further enacted, That the board of education of Fairmount shall take the census of the children of school age every five years as required by the general school law and, the State School Superintendent shall apportion the proper pro rata of the school fund to the secretary and treasurer of the board of education of Fairmount. Census. SEC. 11. Be it further enacted, That provisions shall be made by said board of education for the education of both white and colored children within said town, but that separate schools shall be provided for these races. SEC. 12. Be it further enacted, That the mayor and council of Fairmount shall have power and authority to issue bonds of said town not to exceed ten thousand dollars, or so much thereof as in their judgment may be necessary, for the purchase of a suitable lot for school buildings, and erecting thereon school buildings thoroughly equipped for school purposes. Said bonds may be issued of such denominations and with such rate of interest, not exceeding six per centum per annum, as the said mayor and council may determine, and shall run for a term not exceeding thirty years, and said mayor and council may provide for the maturing of said bonds at any time during said thirty years and for the returning of said bonds, together with accrued interest, at stated periods during said time, and 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 said board of education, to be used by said board for the school purposes aforesaid. Bond for school house. SEC. 13. Be it further enacted, That before said funds shall be issued, the same shall be recommended by said board of education, and the question of their issuance shall be submitted to the legally qualified voters of said town. For said purpose the mayor and council of Fairmount, upon recommendation of the board of education of Fairmount,

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shall order an election, at which at least thirty days' notice shall be given by publication of such notice once a week for four consecutive weeks in any newspaper published in Gordon County, and posted in at least three public places in said town. Said election shall be held and governed by the same rules and regulations as elections for mayor and aldermen of said town, and the qualifications of voters shall be the same. Each voter at said election shall have written or printed on his ballot, either the words For school bonds, or the words Against school bonds. If two-thirds of the qualified voters of said town voting at said election shall vote For school bonds it shall be the duty of said mayor and council to issue same. In the event the said bond election shall not result in favor of bonds, it shall be the duty of said mayor and council, upon recommendation of said board of education, to order another election; provided, however, said election shall not be held oftener than once a year. Bond election. Ballots. SEC. 14. Be it further enacted, That at or before the time of issuing any of said bonds, said mayor and council 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 purposes whatever. Tax. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. FITZGERALD, CITY OF, CHARTER AMENDED. No. 531. An Act to amend an Act to incorporate the city of Fitzgerald, and establishing a new charter therefor, approved

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August 22, 1907, and the several Acts amendatory thereof, and for other purposes. Whereas, the present charter of the city of Fitzgerald contains many obsolete provisions, others whose purposes have been executed, and furthermore requires amendment in many particulars; therefore, 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 Fitzgerald, approved August 22, 1907, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1907 amended. SECTION 1. All the provisions of said Act wherein the same conflict with this Act are hereby repealed, and furthermore, said Acts are hereby amended to conform to the provisions of this Act, and the language thereof is hereby changed as hereinafter set out, and the same is amended in manner and form as hereinafter provided. Repeal of provisions conflicting herewith. SEC. 2. 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 inhabitants of the territory embraced in the following territory, to-wit.: Beginning at the southwest corner of five-acre tract number 398, running thence north along the west line of five-acre tracts numbers 398, 421 and 426 to the north side of Lincoln Avenue; thence west along the south line of five-acre tracts numbers 448 and 447 to the west line of five-acre tract number 447; thence due north along the west line of five-acre tracts numbers 447 and 456; to the south side of McKinley Avenue; thence east to the north-west corner of five-acre tract 455; thence north along the west line of five-acre tracts number 447 and 482, all in land lot number 119 of the third district of Ben Hill County, Georgia, and along the west line of five-acre tracts numbers 505, 510, 533 and 538 to the northwest corner of same in land lot number 122 in the third district of said county and State; and thence east along the north line of five-acre tracts numbers 537, 538 and 536 to the northeast corner

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of said five-acre tract number 536 in land lot number 122 in the third district of said county and State; and thence to the northeast corner of five-acre tract number 833 in land lot number 121, in the third district of said county and State; and thence east along the north line of said five-acre tracts numbers 833, 834, 875, 876, 918, 919 and 960 in said land lot number 121; and thence east along the north line of said five-acre tracts numbers 961, 1008, 1007, 1471, 1097, and to the northeast corner of five-acre tract numbers 1098 in land lot number 300 in the fourth district of said county and State; and thence south along the east line of said five-acre tracts numbers 1125, 1136, 1139, 1149, 1154, 1163 and 1168 in land lot number 301 in the fourth district of said county and State; and to the south line of said land lot number 301; and thence west along the south line of land lot number 301; and thence south to the southwest corner of five-acre tract number 175 in land lot number 91 in the third district of said county and State; and thence west along the south line of said five-acre tracts numbers 1175, 1202, 1203, 1231, 1258, 1230, 1259 and 1286 to the southwest corner of said five-acre tract number 1286 to the northwest corner thereof; and thence a straight line to the point of beginning; all of which said five-acre tracts are a part of the survey of the American Tribune soldiers' colony, platted and now of record in the office of the clerk of the superior court of Irwin County, Georgia; the said inhabitants are hereby continued under the name and style of City of Fitzgerald, and the said city is hereby chartered and incorporated under the name and style of city of Fitzgerald, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging to the city of Fitzgerald, incorporated by an Act approved August 22, 1907, and the amendments thereto, and shall be and is hereby vested in the said city of Fitzgerald, as continued under this Act. And the said city of Fitzgerald may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a

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common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the laws of this State and of the United States, and that the said city of Fitzgerald 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, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said city of Fitzgerald shall succeed to all rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the city of Fitzgerald, and its mayor and aldermen as a body corporate, as heretofore incorporated by an Act approved August 22, 1907. Territorial limits defined. Name of corporation. General powers. SEC. 3. Be it further enacted by the authority aforesaid, That the said city shall be devided into four wards, as follows, to-wit.: The first ward shall be bounded on the north by the north line of the city; on the east by Main Street north of Central Avenue and the line running north from the center of north end of Main Street to a point on the north line of the city; on the south by Central Avenue west of Main street and a line running due west from the center of the west end of Central Avenue to a point on the west line of the city. The second ward shall be bounded on the north by the north line of the city; on the east line of the city; on the south by Central Avenue east of Main Street and a line running due east from the center of said avenue to a point on the east line of the city; on the west by the east line of the first ward. The third ward shall be bounded on the north by the south line of the second ward, and on the east by the east line of the city; and on the west by Main Street south of Central Avenue and a line running due south from the center of the south end of Main Street to a point on the north line of the city. The fourth ward

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shall be bounded on the north by the south line of the first ward; on the east by the west line of the third ward; on the south by the south line of the city; on the west by the west line of the city. Wards. SEC. 4. Be it further enacted by the authority aforesaid, That at the election to be held on the third Tuesday in December, 1915, and biennially thereafter, as hereinafter provided, there shall be elected a mayor, who shall hold office for two years, and until his successor is elected and qualified; and in the event that the office of mayor shall become vacant by death, removal or otherwise, the mayor pro tem., or in case there is no mayor pro tem., the common council at the next regular session shall give ten days' notice in the official organ of the city of the date of the election of his successor, and said council shall call said election within thirty days from said vacancy. Said election shall be managed in the same manner as all city elections, in accordance with this charter; provided, however, that if the office of mayor shall become vacant within three months from the expiration of the term of office, the mayor pro tem. shall act as mayor during the rest of the term and exercise all the powers of mayor during said term. The mayor shall be ineligible for re-election to the second succeeding term; he shall be the chief executive of the city and see that all the laws and ordinances of the city are faithfully executed, and shall examine and audit all accounts against the city before payment. He shall be paid a salary of $400.00 per year, to be paid monthly, and shall receive no other fees, nor perquisites in connection with his office. He shall have the power to convene the city council in extra session, whenever, in his judgment, the exigencies of the case may demand it. He shall examine the books of all 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 common council. Mayor's election, term, salary, duties and powers. Vacancy in office. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor, or in his absence the mayor pro tem.,

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and in the absence or disqualification of each of these any member of the city council shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinance, a mayor's court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation 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 a period not to exceed sixty days for each offense, one or all, in the discretion of the mayor. Mayor's court. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor, mayor pro tem., or any alderman shall have the right to issue warrants for offenses committed within the corporate limits of the city, which warrants shall be directed to the 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 Fitzgerald, or of the superior court of said county, and it shall be the duty of the jailer of Ben Hill County to receive the persons so committed and safely keep them until discharged by due process of law. Warrants for offenses. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor shall not vote except in case of a tie; he shall have the power to veto all ordinances, orders or 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 may in the manner prescribed in this charter for voting on such questions, pass the said order or resolution, over the veto of the mayor, by a two-thirds 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. Before entering upon the discharge of

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the duties of his office the mayor shall take and subscribe the following oath before some judge of the superior court, or the ordinary of said county: I do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor for the city of Fitzgerald during my continuance in office. I am not directly or indirectly interested in any contract or work being done, or material being furnished the city of Fitzgerald, and will not be so interested during my term of office; I do not hold any other municipal office; so help me God. Before assuming office the mayor pro tem. shall take a like oath. Mayor's vote and veto. Mayor pro tem. Oath. SEC. 8. Be it further enacted by the authority aforesaid, That the legislative department of the city shall be vested in the mayor and board of aldermen. The mayor and board of aldermen shall be styled The Mayor and Council. Legislation. SEC. 9. Be it enacted further by the authority aforesaid, That at the next election, which is to be held the third Tuesday in December next, there shall be elected one alderman from each ward in the city, who shall hold office for a term of two years, and whose successor shall be elected biennially thereafter. On the third Tuesday in December, 1915, there shall be elected five aldermen from the city at large for a term of two years, whose successors shall be elected biennially thereafter. All of said aldermen shall be elected by the qualified voters of the city at large, and the said aldermen shall receive for their services $24.00 per year, to be paid monthly. It being the purpose of this section and Act not to change the personnel, the term of office, or the present status of the mayor or aldermen of said city. Aldermen. SEC. 10. Be it further enacted by the authority aforesaid, That the aldermen elected shall before entering upon the discharge of their duties, take and subscribe the following oath before a judge of the superior court, or ordinary, or justice of the peace: I do solemnly swear that I will, to the best of my ability, discharge my duties as alderman of the city of Fitzgerald during my continuance in office;

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that I am fully qualified to hold office under the charter of the city of Fitzgerald, and that I am not interested directly or indirectly in any contract of the city of Fitzgerald, having for its object the public improvement of the city or any part thereof, or the expenditure of any money, and that I hold no other municipal office. Oath. SEC. 11. Be it further enacted by the authority aforesaid, That the aldermen elected shall be citizens of the United States and shall have resided within the State of Georgia twelve months and the city of Fitzgerald six months and in the ward from which he is elected thirty days next preceding his election; said aldermen shall hold office until their successors are elected and qualified, and in case of a vacancy caused by death, resignation or otherwise the mayor or the mayor pro tem. shall order another election giving ten days' notice in the official organ of the city. Said order shall be issued as soon as said office is vacated. Said election shall be managed in the same way as elections to be held in chief, according to the provisions of this charter, on the subject of elections. Aldermen, eligibility, etc. SEC. 12. Be it further enacted by the authority aforesaid, That the present mayor and aldermen of said city shall continue in the office to which they have been elected and qualified, and that all ordinances now of force under the original charter of the city of Fitzgerald and the Acts amendatory thereof that are not inconsistent with the provisions of this charter shall continue of force until the same have been duly amended or repealed, as provided for in this Act. Present mayor and aldermen hold. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Fitzgerald shall be ex-officio superintendent of all elections under the provisions of this Act. In all cases of general elections when said election superintendent shall have named precinct managers, and prepared the form of ballot and tally sheets, they shall have said tickets printed as herein provided, and provide for the erection of booths, and shall

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supply said tickets and tally sheets and other election blanks to said managers, and keep accurate records of the same, and upon their order said precinct managers and clerks shall be paid for their services as now provided by law, and the expense incurred in said election shall be paid out of the city treasury. In case of primary elections, the duties of election superintendents shall devolve upon the executive committee ordering said primary elections and upon such other persons as the party holding primary elections shall designate before entering upon their duties as superintendent of elections, as herein provided; said superintendents shall take and subscribe the following oath before an officer authorized to administer oaths: I do solemnly swear that I will faithfully and impartially discharge the duties of an election superintendent for the city of Fitzgerald, without fear or favor to any party or candidate, and to the best of my ability, so help me God. The terms election and elections as used in this Act shall apply to primary elections identically as to other elections, unless expressly otherwise provided. Elections. Oath of superintendents. SEC. 14. Be it further enacted by the authority aforesaid, That in all elections and primary elections hereafter held in said city on any subject which may be submitted to the vote of the people and for the mayor and aldermen of said city, the voting shall be by secret official ballot, printed and distributed as hereafter provided, and no ballot shall be recorded or counted in any election except it be provided and voted as herein prescribed. Ballots. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of superintendents of elections, or the executive committee, in case of primary elections, to have prepared in the manner herein provided, at the city's expense, or the party holding the same in primary elections, official ballots which must contain the names of all who filed, as hereinafter provided, with the superintendents of elections, or executive committee, in case of primary elections, written notice of their candidacy at least ten days before the date of the election, and such names

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must be arranged upon such ballots in alphabetical order as to candidates for the office. The ballots must be all alike, printed in plain black type, in straight lines on plain white paper, so thick that the printing cannot be distinguished from the back, and on the ballot shall be printed such words as will aid the voter to designate his choice, as Vote for one, Vote for two, and the like. Written notice of candidacy hereinbefore referred to shall be filed as follows: In the general elections, with the superintendent of elections, and in primary elections, with the executive committee of the party holding such primary. Official ballots. SEC. 16. Be it further enacted by the authority aforesaid, That whenever any public question is submitted to the vote of the people, the substance of such public measures, or sufficient words to indicate its nature, shall be twice clearly indicated upon the ballot, once preceded by the word for and once preceded by the word against, and the voter shall strike the one for which he does not wish to vote. Votes. SEC. 17. Be it further enacted by the authority aforesaid, That in the preparation of the ballots the following forms shall be substantially observed, the name of all the candidates for any office to be filled must be placed under the proper designation of the office in alphabetical order, as hereinbefore provided, and the order in which the several offices to be filled are to be on the ballot is left to the discretion of the election superintendents, or executive committee, in case of primary elections: Official Ballot. For mayor (vote for one), John Doe, Richard Roe. For Aldermen (vote for five), John Doe, Richard Roe, etc. For (designating special measure to be voted for). Against (designating special measure to be voted for). Election.....19...........Manager. Ballots. SEC. 18. Be it further enacted by the authority aforesaid, That there shall be provided by the election superintendents in the manner herein directed, or the executive committee in case of a primary election, for the voting

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places at least one hundred ballots for every fifty qualified voters usually voting at such voting places, which ballots must be delivered to the election managers in time for the election, and the said election managers must not deliver any ballot to any person other than a qualified elector, and not to him until he applies for one at the voting place for the purpose of voting the same as hereinafter provided. Ballots. SEC. 19. Be it further enacted by the authority aforesaid, That no printer, publisher or any other person engaged by superintendents of elections, or the executive committee in case of primary elections, or on their written order, and no person employed by such printer or publisher, or other person to aid or assist in preparing the said ballots, shall retain or deliver any ballot or ballots, or any likeness of same, to any person whomsoever, except upon the written order of the superintendents of elections, or executive committee in case of primary elections; nor shall any other person procure in any manner, other than in this Act provided, any official ballot, or likeness thereof, or furnish or give the same to any one other than an election manager. Any person guilty of a violation of any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as prescribed in Section 1065, Penal Code of Georgia. Unauthorized ballots, penalty. SEC. 20. Be it further enacted by the authority aforesaid, That said city shall prepare, through its election superintendents, for each general election in said city, at the city's expense, a booth or booths for voting places in the city, where voters are entitled to vote, and in case of primary elections, such booth or booths shall be provided by the executive committee in case of primary elections. However, it shall be at the expense of the party holding the election. Primary elections shall be managed in every respect the same as general elections. In all elections, general or primary, the managers and clerks shall occupy a room or covered inclosure at each precinct, where they shall keep the ballot box, tally sheets and list of voters, and there shall be provided an inclosure at each precinct of sufficient size

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to allow the arrangement and disposition of booths hereinafter provided for; the compartment or booth shall be at least three feet wide, and of sufficient depth and heighth to conceal the voter from observation while preparing his ballot, with a table or shelf therein to accommodate the voter in the preparation of his ballot. These booths or compartments shall be erected in such numbers as in the judgment of the superintendents of the election will allow full opportunity of voting to all qualified voters who are desirous of voting. The said booths shall be so constructed that the electors in the making of their ballots shall be screened from observation, and a guard rail or other barrier shall be so placed that only persons inside of said rail can approach within eight feet of said booths, and when more than one booth or compartment is provided at any election precinct, the two booths shall be within three feet of each other, and no two booths shall have the entrance thereto arranged so that voters in said booths shall be visible to each other, and they shall be so arranged that the entrance thereto shall be in plain view of the managers of the election, and no booth shall have more than one entrance; no person other than the election officers and voters shall be permitted within said barrier, except by the authority of the superintendent of elections, for the purpose of keeping order and enforcing laws; and not more than one person shall be allowed to any one booth at the same time, except as provided in Section 25 of this Act. Elections, voting places, booths, etc. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the superintendent of elections to appoint for each voting place in the city three managers of elections and three clerks. The managers must be upright and intelligent men and freeholders, and, before entering upon the discharge of their duties, they must take and subscribe the following oath: I do solemnly swear that I will faithfully manage this day's election, and not permit any person to vote who is not a qualified elector; that I will not permit any person to cast a vote except in a manner provided by law, and will see that the result of the election is carefully and correctly ascertained;

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that I will not seek to influence, either directly or indirectly, the vote of any elector, nor will I reveal, directly or indirectly, the contents of any ballot, which oath may be taken and subscribed by said electors before each other. Each of said clerks, before entering upon the discharge of his duties, shall take the following oath, which may be administered by any of the managers of the election: I do solemnly swear that I will faithfully discharge the duties of clerk of this election; and I will not attempt, directly or indirectly, to influence the vote of any voter at this election, nor will I reveal, directly or indirectly, the contents of any ballot. If for any reason the managers, or any one of them, appointed for any general or primary election shall fail to be on hand at the time and place of election, or refuse to serve, then such vacancy or vacancies shall be filled, as provided in Section 71 of the Code of 1895, of Georgia. Managers and clerks of election. Oath of clerk. SEC. 22. Be it further enacted by the authority aforesaid, That the managers of the elections at the voting precints shall be provided by the superintendents of elections with suitable ballot boxes, which boxes shall have a sufficient aperture to admit ballots. Ballot boxes. SEC. 23. Be it further enacted by the authority aforesaid, That when any elector desires to vote he shall approach the voting room, or enclosure, and announce his name to the election managers, and if he is qualified, he shall be allowed to go behind the guard rail, at the entrance provided for that purpose, and there receive from the hands of the manager one of the official ballots, which must have thereon the initial of the manager furnishing the ballot, written thereon at the time of furnishing said ballot, so that when same is folded the initial of the manager can be seen without unfolding said ballot, and the said voter after receiving the said ballot must retire to a booth, or compartment, in which there is no other person, and there, with a pencil or pen and ink, cancel the name or names of such person or persons for whom he does not desire to vote; and, in case of a special measure submitted to the people, he shall by cancellation vote for or

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against said measure, as he may desire. After preparing his ballot, the voter shall, before leaving his booth or compartment, carefully fold the same so that the contents thereof cannot be seen, and so that the initials of the manager signing the ballot may be seen without disclosing the contents of the ballot. When the ballot has thus been prepared and folded, the voter shall not unfold the same, but after giving his name to the manager in charge of the ballot box, shall hand him the ballot, and the manager shall, without opening the same, number it in its order, and in the presence of the voter deposit the ballot in the ballot box, and the voter shall retire from the voting room. Votes, how prepared and cast. Secret ballot. SEC. 24. Be it further enacted by the authority aforesaid, That no elector shall remain in the booth longer than three minutes; when the three minutes have expired, he shall, on the order of any one of the managers, vacate the booth and retire from the voting room or inclosure, but he shall not be permitted to carry any ballot with him from the said voting room, or inclosure, but must return it to the managers, and said elector having so retired without voting, shall not be allowed to return and vote. In case any elector on attempting to prepare his ballot shall deface or spoil same, he can apply to the managers in charge of said ballots and obtain another, upon first returning the ballot so spoiled to the manager, but no elector shall be allowed more than two ballots at any one election, and in case he spoils and defaces both of these he shall be [Illegible Text] of the privilege of voting at said election. Regulations for voters. SEC. 25. Be it further enacted by the authority aforesaid, That in case any elector is unable to read, or is prevented from preparing his ballot by physical disability, he may, in the discretion of the majority of the managers, have the assistance of a manager or clerk to aid him in the preparation of his ballot, who shall go to the booth with him for that purpose. Any person who shall represent himself to said election managers, or to any one of them, in the manner set forth in this Act as being unable to read, or from any cause unable to prepare his ballot, and thereby

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obtains assistance in the preparation of his ballot, when such representations are untrue, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Criminal Code of Georgia. Further regulations. SEC. 26. Be it further enacted by the authority aforesaid, That no person within or without said election rooms, or enclosures, shall in any manner, directly or indirectly, attempt to influence or interfere with any elector in preparing his ballot, or casting the same, nor shall any person be guilty of disorderly conduct or under the influence of liquor near said voting room or inclosure. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as prescribed in Section 1065 of the Criminal Code of Georgia. Conduct forbidden. SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerks of the elections to keep three lists of voters voting at the elections, upon which list they must enter the names of all persons voting and number them in the order they vote. As each ballot is received the number of the voter on the list shall be marked on his ballot before it is deposited in the box. After the closing of the polls at any precincts the managers shall count the votes as now provided by law, and in so doing require the clerks to keep three tally sheets, and when the count is finished there must be a certificate signed by the managers, stating the number of votes each person voted for received, and each list of voters and each tally sheet must have placed thereon the signatures of the managers. Clerks' duties as to lists, etc. SEC. 28. Be it further enacted by the authority aforesaid, That the consolidation of a vote at the general election must be made by the managers of the election as now provided by law and a certificate of result published by the managers to the council or governing body of the city. In case of primary elections, the consolidation shall be made in the same manner herein provided for to the proper authority or the party holding said primary. Consolidavote. tion of

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SEC. 29. Be it further enacted by the authority aforesaid, That any manager, clerk, officer or other person upon whom a duty is imposed by this Act who neglects or fails to perform the same, where no punishment is otherwise herein provided, shall be guilty of a misdemeanor, and upon conviction shall be punished, as provided in Section 1065 of the Penal Code of Georgia. Penalty for failure in duty. SEC. 30. Be it further enacted by the authority aforesaid, That if an election is contested, notice of the contest shall be filed with the ordinary of Ben Hill County within three days of said election, and said ordinary shall, within two days after he receives said notice, cause a copy of the same to be served by the sheriff or his deputy on the contestee, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice thereof to be served on the mayor of said city and the clerk of the council. The ordinary shall fix the time of hearing said contest, which shall not be later than ten days after said election, of which time both parties shall have five days' notice before the hearing, and the contest shall be held at the county court house. Said ordinary is authorized to and shall determine any contest, and the losing party shall pay all cost, for which the ordinary is authorized to issue an execution and collect the same. Contest of election. SEC. 31. Be it further enacted by the authority aforesaid, That all persons qualified to vote at any election for members of the General Assembly of this State, and who have paid all taxes and license due said city, and who shall have resided in said State twelve months, and said city six months next preceding said election at which he offers to vote, and who shall have registered as required by the registration laws of said city shall be qualified to vote at any election provided for in this charter. Qualification of voters. SEC. 32. Be it enacted further by the authority aforesaid, That no officer or employee of the city shall be eligible to hold any office in said city, except the superintendent of water and lights, the city engineer, the chief of police and

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the city architect, unless he is qualified to vote for the members of the General Assembly and for mayor and aldermen under the provisions of this charter. Ineligibility of officers. SEC. 33. Be it enacted further by the authority aforesaid, That the clerk of the council shall, on the first Monday in October of each year in which an election is to be held, open a registration book for the qualified voters of said city, and said book shall be kept open at his office, Sundays and legal holidays excepted, until the second Tuesday in November following, when it shall be finally and absolutely closed. It shall be the duty of the clerk, upon application of any male citizen, qualified to vote for the members of the General Assembly, and who has paid all taxes and licenses required of him by the city authorities, and who has been a resident of said State twelve months and of said city for six months next preceding the election to be held, to allow him to register his name in said book, describing the applicant, name, age, color, location and the number of the street and ward where he resides. The clerk shall not permit any one to register not lawfully entitled to do so, of his own knowledge, and shall in every instance administer to the applicant the following oath: You do solemnly swear that you are a citizen of the United States and have resided in the State of Georgia twelve months and in the city of Fitzgerald six months next preceding the date of the election to be held, and that it is your intention to remain a resident of said city until the date of the election, and that you have paid all taxes and licenses due the city and all taxes required by the constitution of Georgia of 1877, and the laws of Georgia; so help you God. Said oaths shall be written or printed and attached to the registraction books. The said clerk shall publish the number of registered voters in the official organ of the city not later than the first issue after the registration books are closed. Registration of voters. SEC. 34. Be it further enacted by the authority aforesaid, That after the registration books are closed it shall be the duty of the clerk to submit the same to the mayor

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and council, or to a committee appointed by the mayor and council. Upon examination of said books if the mayor and council upon their own information, or information published by others, find that some person is registered who is not qualified to vote, they shall cause a summons to be issued to him requiring him to appear before the council within two days thereafter, and show cause, if any he has, why his name should not be stricken off the registration list. The clerk shall, five days before the date of holding election, prepare a list of names of registered voters, arranged in alphabetical order, certify the same under his hand and corporate seal, and shall furnish a list to the managers of said election for their inspection during said election, and no person shall be permitted to vote whose name does not appear on said list, and after said election is over it shall be the duty of the managers to return said list to the city clerk, to be by him filed and kept. SEC. 35. Be it further enacted by the authority aforesaid, That for any special election in said city for any special purpose the clerk of the council shall open the registration books thirty days before said special election and close the same ten days before the date of said election, and furnish the list of registered voters to the mayor and council and make up the list and furnish to the manager of said special election as hereinafter provided. A registration of colored voters for all elections shall be made out separately and notice of the opening of the registration books shall be advertised in all cases as hereinbefore provided; and the number of registered votes shall be published as provided in Section 33. Registration of voters. SEC. 36. Be it further enacted by the authority aforesaid, That all persons registering or voting at any election or primary election who are not qualified to register or vote, according to the provisions of this charter, or city laws, shall be guilty of a misdemeanor, and upon conviction therefor in any of the courts of this State, shall be

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punished as prescribed in Section 1065 of the Criminal Code of Georgia. Illegal registration. SEC. 37. Be it further enacted by the authority aforesaid, That a recorder's court be and hereby is established for said city of Fitzgerald, which court shall have jurisdiction to try all offenses against the laws and ordinances of said municipal corporation. Said court shall have power to enforce its judgments by inflicting such penalties as will and may be provided by law and ordinances of said city, punish witnesses for non-attendance and for contempt, and also to punish any person who shall counsel or advise, aid or encourage, or intimidate a witness whose testimony is material or desired before said court, to absent himself, or who shall absent himself or go away beyond the reach of the process of the court. Said court shall have full jurisdiction, power and authority throughout the entire county of Ben Hill for the purpose of compelling the attendance of witnesses before said court, residing anywhere in the county of Ben Hill. Said court shall be presided over by the recorder, in his absence or disability, or disqualification, by the mayor or mayor pro tem., or any member of the city council, and said court shall be held every Monday morning and from day to day, if the same becomes necessary, to try all offenses against the ordinances. Recorder's court. SEC. 38. Be it further enacted by the authority aforesaid, That the recorder shall be elected by the mayor and council of Fitzgerald, and shall hold his office at the pleasure of the mayor and council, and shall be paid such salary as the mayor and council shall prescribe and fix. Said recorder shall be an attorney-at-law, admitted to practice in the courts of this State, shall be at least twenty-five years old, and shall be a qualified voter of the city of Fitzgerald. Before entering upon the duties of this 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 knowledge, without fear, favor, affection, reward or hope thereof. The recorder may be removed from office by the

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city council and mayor, after trial and conviction had before the same, upon written charges of neglect of duty, malpractice in office or other conduct unbecoming to the station. A vote of two-thirds of the city council shall be necessary to such conviction and removal. The recorder when elected shall be clothed with all rights, powers and privileges of the mayor as to said recorder's court, and shall preside over said court. Recorder. Oath. SEC. 39. Be it enacted further by the authority aforesaid, That the recorder, mayor or mayor pro tem., or any member of the city council acting in the recorder's court, shall have the power to impose fines for the violation of any law or ordinance of the city of Fitzgerald to an amount not exceeding two hundred ($200.00) dollars, or to imprison offenders in the city jail for a period of not more than sixty days, or to labor on the public works or streets in the city chaingang for not more than sixty days, any or all, both fine and imprisonment and labor, in the discretion of the recorder. He shall also have the same powers as the judges of the superior courts of this State to punish for contempts by a fine not to exceed fifty dollars, or imprison in the city jail for a period not to exceed twenty days. He shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed in the corporate limits of the city, which warrants shall be executed by any of the police force; and to try and commit offenders to the jail of Ben Hill 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; provided, however, that the provisions of Sections 37, 38 and 39 of this charter shall not become operative except and unless an ordinance is passed by the mayor and council of the said city, carrying into effect the provisions of said sections, and establishing the office of recorder and a recorder's court for the said city, in which event all the provisions of said sections of this charter and all ordinances of said city in pursuance thereof shall become operative, and the authority

Page 801

of the mayor of said city to establish and hold a mayor's court, and try offenders against the laws and ordinances of said city, shall at once become inoperative; and provided further, that in the event of the establishment by the mayor and council of the office of recorder, and recorder's court, that said recorder shall be vested with all rights, powers and authority vested in the mayor under this charter and under the laws and ordinances established with the establishment of said office and officer with reference to the trial of offenders against the city ordinances, and in case of the establishment of the recorder's court the salary of the mayor of said city shall be reduced to the sum of two hundred dollars per annum, but upon the abolishment of the office of recorder the mayor's salary shall be four hundred ($400.00) dollars per annum. Powers. Salary. SEC. 40. Be it further enacted by the authority aforesaid, That in the case sections 37, 38 and 39 of this charter are put into effect by the ordinances of the mayor and council, they shall remain in effect until an ordinance is passed by the legislative power of said city abolishing the office of recorder and abolishing or repealing the ordinance making provisions for the office and officer, and in case the office is established as herein provided and abolished as herein provided, then and in that event all the provisions of this charter with reference to the trial of offenders against the laws and ordinances of said city by the mayor, mayor pro tem., or any member of the council of said city shall again become operative and of force. Abolishment of office. SEC. 41. Be it enacted by the authority aforesaid, That at the general election in December, 1914, there shall be elected a city tax assessor, who shall hold office for a term of two years, and who shall be elected biennially thereafter, and in the case of a vacancy in the said office by death, resignation or removal, the vacancy shall be filled by the election of some person qualified under this charter to hold the position by the mayor and council. Tax assessor. SEC. 42. Be it further enacted by the authority aforesaid, That at the regular election in December, 1915, there

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shall be elected a city treasurer, who shall hold office for a term of two years, and said city treasurer shall receive all moneys from all sources for the city of Fitzgerald, and shall keep a complete record of the same, and shall keep a separate account of each appropriation made for each separate and distinct purpose, and shall notify the chairman of the various committees from time to time, as often as necessary, the amount of money on hand appropriated for the use of that particular committee, and shall pay no warrant except in compliance with the provisions of this charter. The city treasurer shall make a full and complete statement of his actings and doings monthly to the mayor and council, and as often as may be found necessary; said city treasurer shall perform such other duties in connection with the office as the mayor and council may, by ordinance, prescribe. Said city treasurer before entering upon the duties of his office shall take and subscribe to an oath to faithfully perform the duties of the office and shall give bond in such sums as may be required by the mayor and council, conditioned for the faithful discharge of the duties of the office and for the faithful accounting to the city of Fitzgerald for all moneys that may come to his hands as such treasurer, said bond to be made payable to the city of Fitzgerald. The said city treasurer shall receive for his services the sum of $75.00 per month. Treasurer. SEC. 43. Be it further enacted by the authority aforesaid, That the chief of police shall be the collecting officer of all executions issued for unpaid taxes, licenses and other matters which he may be directed by the mayor and council to collect. In addition to the oath hereinafter provided to be taken and subscribed to by him, he shall give bond with security, to be approved by the mayor and council, who shall fix the amount thereof, conditioned for the faithful discharge of all the duties of his office. He shall collect the street taxes, shall look after all licenses that may be assessed against any person, firm or corporation doing or carrying on any kind of business within the said city, and shall see to it that the same are paid. There shall be taxed

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against all persons against whom an execution shall be issued, and for levying and settling the same, the same fees that are now allowed sheriffs for like services, all of which said amounts shall be collected by the said chief of police and by him turned over to the city treasurer regularly each month, who shall make and preserve a record of the same, and receipt the said chief of police for same. The said chief of police shall make a monthly report to the city clerk showing an itemized statement of all moneys collected by him, and the amount of cost paid to him, and the disposition of said funds, which said report the city clerk shall present to the following session of the city council, at which time and to which body the city treasurer shall also present a written report, showing all amounts paid over to him on account of such executions, and from the other specified sources by the said chief of police. The said chief of police shall do and perform any other like service that may be required of him by the mayor and council. Chief of police. SEC. 44. Be it further enacted by the authority aforesaid, That it shall be the duty of the city treasurer to collect all moneys for the water, light and bond commission that may be due said commission for water, lights or other purposes, and he shall keep a separate account of the moneys so received and of their disbursement by said commission, which disbursement shall be only upon warrants drawn by it through its proper officers. The said commission is hereby empowered to employ for the treasurer such clerical assistance as is necessary for said treasurer to have for the performance of the duties of his office. Collections. SEC. 45. 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, and shall keep a corporate seal and all papers and records of the city appertaining to his office, and shall keep the minutes of the city council, and shall report annually on or before the first day of January of each year to the city council an estimate of the expenses of the city and the amount of revenue necessary to be raised for the current year, and shall

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perform all such duties as may be required of him by the ordinances of said city. Copies of all papers filed by the clerk and transcripts of records of the city council certified to by the clerk and transcripts of records under the corporate seal shall be evidence in all courts as if the original were produced. The clerk shall receive for his services $900.00 per annum, and shall keep office open from 8 o'clock A. M. until 6 o'clock P. M., except one hour at noon each day, Sundays and legal holidays excepted, and shall faithfully discharge his duties as clerk, and execute a bond in the sum of $2,000.00, to be approved by the mayor, payable to the city of Fitzgerald, conditioned for the faithful discharge of the duties of his office. The clerk shall keep a separate account, in which he shall enter the amount appropriated for each separate and distinct purpose, and in drawing his warrants against the city treasurer he shall draw his warrants 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, licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which said sum shall be paid to the city treasurer. The mayor and council shall purchase for said city clerk all books necessary to transact the business of his office and such other stationery and printed matter as may be needed for the same. The city clerk shall not make any collections, but shall keep an accurate account of all funds due the city. Clerk's duties. SEC. 46. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and council each year they shall elect a city clerk, a city attorney, a city engineer, a chief of police, and such other officers

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and employees as the mayor and council may deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and shall take and 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 Fitzgerald, and shall be approved by the mayor and council, and recorded in a book kept for that purpose. Officers elected by council. SEC. 47. Be it further enacted by the authority aforesaid, That the city attorney shall be legal adviser for the mayor and recorder and city council. He shall give written opinions whenever called upon, upon any subject or matter with respect to the law; shall attend the sessions of the police court when called upon by the mayor, or councilman acting as such; he shall attend the meetings of the mayor and council when requested by the mayor and council; shall look after all legal matters and litigation wherein the city of Fitzgerald 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 $200.00 per annum, and such fees in actual litigated cases as may be agreed upon by the council. He shall hold office until his successor is elected and qualified. Attorney. Salary. SEC. 48. Be it further enacted by the authority aforesaid, That at the first regular meeting of the city council in each year they shall receive sealed proposals from the banks of the city of Fitzgerald to become the city depository. Said proposals shall state the amount of interest such banks are willing to pay on the daily balances of cash deposits of the city, and the rate of interest they will charge the city on the average overdrafts, and shall render a statement to the city clerk, showing the amount of each day's balance or overdraft. The mayor and council shall accept the best bids that may be offered by any bank, or all of them, in the city of Fitzgerald for the city's deposit account, and said bank or banks shall give bond in such sums

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as the city may require for the safe keeping of such deposits and the discharge of its, or their, duties as the city depository, or depositories, and the discharge of such other duties as may be required for the safe keeping of such deposits 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. Depository of moneys. SEC. 49. Be it further enacted by the authority aforesaid, That the chief of police shall hold office for one year from date of election or until his successor is elected and qualified. He shall take and subscribe an oath that he will faithfully discharge the duties of chief of police 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 council. He shall see that all ordinances are enforced and the men under him are of good 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 resolution or 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 city council, shall keep a record of all arrests made, the offenses for which they were made, and shall, on or before the session of the police court each day hand in to the clerk a record of all persons arrested. He shall keep a complete record of the disposition made of all cases, and if the offender is fined the amount of the fine, collect the same and pay it 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 to be furnished him for that purposes. 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

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do and perform all other duties incumbent upon him and as provided by ordinance. He shall receive a salary such as may be fixed by the mayor and council, not to exceed $1,200 per annum. Chief of police. Salary. SEC. 50. 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. They shall serve for one year and shall receive a salary to be fixed by the mayor and council, not to exceed $900 per annum, and all men, when on duty as policemen, shall wear a regulation uniform to be adopted by the chief of police and a committee of council, and paid for by the city. Said uniforms must not be worn when not on duty. Policemen. Salary. SEC. 51. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police and policemen to examine all buildings in the city, and if dangerous to report that fact to the mayor or chairman of the committee provided for that purpose 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 electric light wires are erected in a safe way, and see that each and every ordinance of the city is properly enforced. Duties of policemen. SEC. 52. Be it further enacted by the authority aforesaid, That each police officer shall be furnished with blank summonses, requiring the person summonsed to appear before the mayor or recorder's court. If they believe the defendant will leave the city and not obey summons, then they shall apply to the mayor, the recorder or 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 or recorder's court for trial. Upon the arrest of any person for violating the criminal laws of Georgia, they shall be immediately carried 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

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the State law is being violated to apply to the nearest magistrate for a warrant and execute same. The councilmen of said city are hereby given authority to issue warrents for the arrest of offenders against the laws and ordinances of said city. Summons. Warrant. SEC. 53. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem., or any councilman when acting as such, or the recorder, when any person or persons are arraigned before the mayor or recorder's court, charged with a violation of any of the ordinances, regulations or rules of said city, may for good cause 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., the recorder or alderman acting as such, and execution issued thereon by serving the defendant, if he be found, and his securities with a rule nisi, at least five days before the hearing of said rule nisi. Bond for appearance. Forfeiture. SEC. 54. Be it further enacted by the authority aforesaid, That any person convicted before the mayor or other presiding office of the police force, shall have the right or certiorari to the superior court of Ben Hill County; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the 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, in which event he may, in the discretion of the mayor or other presiding officer, be placed in the city prison or county jail to await final judgment in the case. All certioraries shall be governed by the same rule as govern other certioraries, except as above prescribed. The mayor and council may provide by ordinance for the form of all accusations,

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affidavits and warrants to be issued for the violation of the city ordinances and laws, and the procedure in such trials. Certiorari. SEC. 55. Be it further enacted by the authority aforesaid, That there is hereby created a water, light and bond commission, to consist of three upright, intelligent citizens of the city of Fitzgerald, of sound business discretion, whose duties and powers it shall be to take charge of, operate and maintain the present system of water and lights in the city of Fitzgerald and improve the same through and by proper agents in and for said city; and whose duties it shall be to construct and maintain a system of sewerage for the said city. The said water, light and bond commission shall have the control of the sale of all bonds that may be issued by the city of Fitzgerald, and of all contracts made in behalf of said city, for water, light and sewerage purposes. And the said water, light and bond commission is further authorized to control in like manner any and all other bonds that they may issue in the city of Fitzgerald for said purposes from time to time, and for carrying into effect the provisions of this section, said water, light and bond commission is hereby given authority to negotiate loans, if necessary, through the mayor and council, or direct on behalf of the city of Fitzgerald, and all other profits arising from the operation of said water and light plant and also all other public works under the control of said commission shall be paid monthly into the city treasury of Fitzgerald; it shall be the duty of the city council to supply said water, light and bond commission with funds, if necessary, to carry into effect the provisions of this section. Any guardian or trustee, in his discretion, may invest any funds of his ward or cestui qui trust, in his hands, in the bonds of the said city of Fitzgerald in the same manner and to the same extent as such funds may be invested in bonds, stocks and other securities of the State of Georgia. It shall be the duty of said water, light and bond commission to make monthly itemized reports to the mayor and city council, showing the receipts and disbursements, on account of the water, light and sewerage systems of said city; filing with said city council, or their clerks, all originals

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of bills and all receipts which shall be filed with the clerk of the city council by the first day of each and every month, to remain on file for a period of ten days thereafter, and it shall be the duty of the members of the said commission to appear before the mayor and council whenever called upon for the purpose of being examined with reference to any matter affecting the water, light and bond commission, and their actings and doings. It is hereby made their duty to expend for the operation, maintenance and extension of such systems all of the funds in their hands for said purposes before calling on the mayor and council. The said mayor and council are given the power and authority to have an independent investigation made of all the actings and doings of said water, light and bond commission and their employees at the expense of the city of Fitzgerald, and they are hereby authorized to have the machinery and workings of said plants independently investigated by competent authority and recommend to said water, light and bond commission any change made therein which, in their judgment, would be to the best interest of the city, the expense of making which shall be borne by the water, light and bond commission, if said commission, upon such recommendation, makes such changes. All vacancies occurring in the office of such commission shall be filled by popular election, especially called for that purpose. The term of office of such commissioners shall, except as herein provided be three years, and shall begin on January the first following their election, and one commissioner shall be elected by popular vote at each December election of said city. Said water, light and bond commission shall be required to give good and sufficient bonds, payable to the city of Fitzgerald, for the forthcoming of all funds and records entrusted to them, and for their actings and doings as said commissioners, said bonds to be assessed by the city council. Water, light and bond commission. SEC. 56. Be it further enacted by the authority aforesaid, That the city clerk and treasurer shall immediately open an account upon their books with said commission,

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and shall turn over to said commission all the taxes collected under the existing laws or which may be raised in the future, for the purpose of paying all bonded indebtedness, or the interest thereon, due by or against the city of Fitzgerald, and the mayor and council shall cause to be paid over to said bond commissioners a sum sufficient to pay the accruing interest and the amount required by law to be held as a sinking fund, for the final redemption of the entire bonded indebtedness of the city. Said commission shall have the power to invest any of the moneys in its custody in valid State, county and municipal bonds, and if the aforesaid bonds cannot be purchased, said commission shall loan said sum of money for a period of five years or less upon real estate security, but shall not loan to any person less than one thousand dollars, and no loan shall be made for more than one-third of the assessed value of the real estate, which was made for the previous year. The borrower shall furnish at his own expense an abstract of title, keep the property insured, record the deeds and pay all taxes and charges against said property; and in making all loans upon real estate the commissioners shall take a deed and notes in the name of the city, specifying that it is a part of the sinking fund loan, and execute a bond for re-conveyance, which bond and all other papers shall bear test in the name of the city of Fitzgerald, be signed by the chairman of the bond commission and the city clerk, who shall be ex-officio clerk of the bond commission. Money so loaned shall be at the highest legal rate of interest. Said bond commission shall be authorized to dispose of all bonds, invest the proceeds, and in their discretion buy up the bonds of the city, or any of them, before maturity, paying premium therefor in their discretion; and the mayor and council of the city shall each year appropriate a sufficient sum of money to defray the expenses of said commission. Said bond commissioners shall give bond in such amount as may be fixed by the mayor and council, and shall each be paid the sum of one hundred dollars per annum, the same to be paid monthly. Accounts with the commission. Investments.

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SEC. 57. Be it enacted by the authority aforesaid, That it shall not be lawful for the mayor and aldermen, or any member of the bond commission, superintendent of the water and light plant, or any member of the board of health, or the city engineer or architect, or engineer who submits plans and specifications for any building, sewerage or street improvement, or any of the employees of the city, to be interested directly or indirectly, as a stockholder in any firm, or corporation, which may enter into any contract with the city of Fitzgerald, the mayor and council, the water and light and bond commission, and all other persons in behalf of the city, for any street improvement, sewerage or building of the city; or in the purchase of supplies of any kind for the use of said city; and any violation of this section by any of the aforesaid officers and employees of the city shall be a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1065 of the Criminal Code of Georgia. Unlawful interest in contract with city. SEC. 58. Be it further enacted by the authority aforesaid, That all ad valorem taxes due the city of Fitzgerald shall be due and payable on the 20th day of December of each year; and the first day of March of each year is hereby fixed as the taxing date for said city. Tax dates. SEC. 59. 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 collection of an ad valorem tax on all real and personal property in said city, of not exceeding one dollar on one hundred dollars of the assessed value of all property for the ordinary current expenses of the said city, and for the collection of a sinking fund for the final redemption of the bonds of said city, and for such other purposes as may be provided in this charter; and the mayor and council may provide by ordinance for the levy and collection of such taxes. The tax assessor of said city is hereby given the authority to assess all real estate, following the map and plan of said city in his discretion, to assess each lot thereof and the improvements thereon, according to the block, square and lot

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numbers, and when each assessment is made; full power and authority is hereby given to those officers of said city whose duty it is to issue and collect executions, to issue and collect them against the property taxed. The authorities of said city being hereby relieved of the duty, in their discretion, of assessing taxes, issuing executions therefor and collecting the same, out of the owner of the real estate, whether the owner thereof be known or unknown, it being the purpose of this provision to authorize the authorities of said city to assess and collect an ad valorem tax on real estate against the property itself under existing laws for the ascertainment of values and the levy and collection of such taxes; provided, that the provisions of this section shall apply to the property only which appears on the tax digest of this city; and provided further, that the assessment of all property, real and personal, shall be ad valorem, and that all property within the limits of the city shall be subject to taxation for municipal purposes, both public and private, except as such is exempt under existing laws. Tax ad valorem. SEC. 60. Be it further enacted by the authority aforesaid, That all persons subject to general road duty, between the ages of sixteen and fifty, who are not exempt under the State laws from working the roads, shall be subject to street duty, and the mayor and council shall provide when and how they shall work said streets. They shall be required to work not less than three days in any one year, or in lieu of working the said three days, they shall pay the sum of $2.50, which sum shall be paid at such time as the mayor and council shall direct. The mayor and council may by ordinance provide how the tax shall be collected, or how the person subject to street tax shall be summonsed to work on the streets, and upon failure to work or pay the tax, they shall be fined a sum not to exceed fifty dollars, or sentenced to imprisonment or to work on the public works of the city not to exceed thirty days. Street tax or work. SEC. 61. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require any person, firm, or corporation,

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whether resident or non-resident, of said city, who may engage in, prosecute or carry on any business, calling or vocation 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 persons, 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 aldermen 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 such license for same, who fail to comply with all requirements of said ordinance made in reference thereto. Registration and license taxes. SEC. 62. Be it enacted further 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 on, and to charge for such license such sums as they may by ordinance prescribe. Licenses. SEC. 63. 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 law; itinerant dealers in jewelry and medicines, and all articles of merchandise, except such as are exempted by the laws of this State; also any person running a flying jenny, merry-go-round, skating rink, all circuses, side shows and other shows and performances exhibited in said city, and all persons selling goods, wares, or merchandise by sample or otherwise, and all other business, callings or vocations, which under the constitution and laws of this State are not exempt from license, shall be subject

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to license under the ordinances of the city passed in conformity with the provisions of this Act. Licensing and control of occupations. SEC. 64. 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 the 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 same as they may prescribe, and in addition thereto charge for the keeping of any animal or animals so impounded, and when the owners shall fail and refuse to pay the impounding fee and costs of keeping said animals, the same may be sold at public outcry, and the proceeds applied to the payment of said fee, under such rules and regulations as may be prescribed by ordinance. All moneys due by the owners of impounded animals, as well as all moneys due by the purchaser of such animals, shall be paid over by such owner or such purchaser, as the case may be, to the treasurer of the city of Fitzgerald, who shall keep a record, separate from his other records, of the receipts and disbursements by him of such moneys. Animals running at large. SEC. 65. 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 weight or measure, less than the State's standard weights and measures, a case shall be made against such dealer, and upon such conviction in the mayor's or recorder's court in this city, his 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 chief of police and policemen whenever complaint is made to make an immediate investigation

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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 limits bringing wood into the city shall not be required to procure license, but shall be otherwise amenable to the provisions of this ordinance. License tax of dealers in coal, wood and ice. Weights. Farmers exempt. SEC. 66. Be it further enacted by the authority aforesaid, That the marshal and policemen shall have full power and authority to enter, if necessary to break open and enter, any place in the city, when the mayor and aldermen shall have reasonable cause to believe that, or may suspect the place to be a place where intoxicating liquors are sold, and to seize the stock of said liquors, and the apparatus for selling same; said mayor and council shall have full authority to abate as a nuisance any place when the mayor and council shall have reason to suspect that intoxicating liquors are sold in such places, and to arrest the offenders; and upon conviction of any person for maintaining a nuisance as above, the mayor shall have full power to cause the marshal and policemen of said city to seize and destroy the stock of liquors and apparatus for selling the 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 full power to carry into effect and enforce the provisions of this section, and enact all ordinances for that purpose. Liquors. Nuisance abatement. SEC. 67. Be it enacted by the authority aforesaid, That the mayor and council shall have full authority to cause 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 the lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the alleys and streets on which said lots are located. If the owner or occupant of said lots and cellars should fail or refuse, after reasonable notice, either to themselves or agents, as the mayor and council may provide, to comply with the requirements of said mayor and council, the said

Page 817

mayor and council are authorized to have this work performed, and by ordinance tax the costs against the property and collect the same by execution, issued as provided by ordinance. Said mayor and council may by ordinance declare what shall be a nuisance in the said city, and provide by ordinance for the abatement of the same. Lots and cellars as nuisances. SEC. 68. 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 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 the owner, trustee, executor, administrator, guardian or agent, in the same manner as provided by Sections 4635-4657, inclusive, of Volume 2, of the Code of Georgia, of 1895, and the Act amendatory thereof. The mayor and council may abandon such proceedings at any time upon the payment of accrued costs. The mayor and council of said city shall have full power and authority to remove or cause to be removed any buildings, steps, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Streets, sidewalks, parks, control of. Condemnation of land. SEC. 69. Be it enacted by the authority aforesaid, That the mayor and council of said city shall have full power, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the cost of paving and otherwise improving streets against real estate abutting on such streets; provided, that the amount so assessed for paving and otherwise improving the street shall in no instance be more than two-thirds of such cost; and any street or railroad company having tracts of land running through

Page 818

or across the streets of said city shall be required to pave, macadamize or otherwise improve such streets in such proportion as the mayor and council may provide by ordinance in accordance with the provisions of this section. Said mayor and council shall have all power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purposes above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof on real estate according to its frontage on the street or portions of streets so improved, or according to the area or value of said real estate, either or all, as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against real estate so assessed for the amount assessed against the owner at the date of the ordinance making such assessment; which execution may be levied by the chief of police of said city on the real estate, and after advertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The chief of police shall execute the deed to the purchaser, and shall have the 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 the execution was issued, and stating the amount that he admits due, which amount admitted to be due, with all costs, shall be paid before the affidavit is received, and the affidavit shall be returned to the superior court of Ben Hill County and there tried, and the issue determined, as in the case of illegality, subject to the penalty of illegality provided for the purpose of delay. The mayor and council shall have authority to pave and contract the whole surface of the streets without giving any

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railroad company or other property holder or other occupant of the street the option of paving such streets themselves. The lien for assessments on abutting property and on street railroads, or other railroad companies, for street paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from 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 streets, sidewalks and alleys of said city; to enforce by execution the cost thereof against the adjacent property owners, who shall be served with notice by personal service or publication. Street improvements. Assessment of abutting property. Affidavit of illegality. Lien of assessments. SEC. 70. Be it enacted by the authority aforesaid, That the mayor and aldermen shall have the power to prescribe the kinds of water closets, urinals and surface closets to be used in the corporate limits of said city, as well as the power to condemn and compel the disuse of same when they do not conform to the kind prescribed or compel the owner to establish and connect water closets and urinals on his premises with the sanitary sewerage system of said city when such property is located on or near a street where there are sewers. Such connections shall be under such rules and regulations as may be prescribed by the water, light and bond commission. When any property owner fails to remove any surface closets or connect any water closets or urinals with the sanitary sewers of said city within the time prescribed by said mayor and aldermen, after being notified so to do, then such removal or connection may be made by the city, and the cost taxed against the property on which same is located and execution issued, which may be enforced in the manner prescribed for the enforcement of other executions for taxes. The said mayor and aldermen shall have full and absolute control of surface sewers and private drains, cesspools and the like, and also full power to prescribe penalties for the failure to

Page 820

comply with the rules of the water, light and bond commission. Sanitary regulations. SEC. 71. Be it enacted by the authority aforesaid, That the mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city of Fitzgerald, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what material buildings in said city limits may be erected or covered, how thick the walls may be, the manner in which the chimneys, stove pipes and flues shall be constructed; to change all things they may deem necessary to protect said city, so far as possible from danger from fire, and to prevent conflagrations. They shall also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when, in their judgment the same is dangerous, or likely to be so; and to make the owner or occupant of the premises pay the expenses of the change, as they may elect, which may be collected by executions; and if any person, firm or corporation shall not remove said building, after notice to do so, then said mayor and council shall have the power to remove same at the expense of the owner, which expense may be collected by execution. Fire regulations. SEC. 72. Be it enacted by the authority aforesaid, That at the first regular meeting of mayor and council each year, they shall elect a chief of the fire department, and as many firemen as may be necessary for the conduct of the fire department. Said chief shall take and prescribe an oath that he will faithfully discharge to the best of his ability his duties as such chief, and the firemen shall respectively take a like oath. It shall be the duty of the chief and firemen to make quarterly inspection of all poles and lights in the city, to see that they are safely erected and to report to the chairman of the water and light commission and to the mayor any defect that they may find, with such recommendation as the chief may see proper to make. The chief shall examine all flues and chimneys in the city when he is required to do so by the mayor and

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council, and discharge such other duties connected with the office as may be required by the mayor and council. The term of office of such chief shall be for one year, unless removed for cause by the mayor and council. The salaries of the chief of the fire department and firemen shall be fixed as provided by ordinance. Chief of fire department. SEC. 73. Be it 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 mayor and aldermen deem necessary; to replace or repair such crossing, or to open and keep open all streets in said city, and the mayor and council shall pass all ordinances needful for the carrying out of this provision, and in case the railroads aforesaid shall fail or refuse to make such crossing within five days, or to repair the same within twenty-four hours after having been notified to do so, by the mayor and council, the said mayor and council shall have the power to put in or repair such crossings at the expense of the said railroad, 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 execution. Railroad crossings. SEC. 74. 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 and alleys of said city; to regulate and prohibit, except as such power may be restricted by an existing general law, the use of the streets, alleys and public grounds for signs, sign post, awnings, telegraph, telephone poles, horse troughs and racks, and for posting of 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 and wires in the city to remove the same to any location designated by the mayor and council; and in case said telegraph and telephone company shall fail

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to remove the same within ten days after having been duly notified to do so, said city shall have a right to remove the same at the expense of said company and collect the expense of the same by execution. Streets, use of. SEC. 75. Be it further enacted by the authority aforesaid, That the said city of Fitzgerald shall have the power and authority to contract for the purchase of lands and water rights, to be used in connection with the erection and maintenance of a sewerage system; the power to erect which is vested in the water, light and bond commission aforesaid, which contracting power shall extend to lands and water rights, either in or out of the said city, and said city for the same purpose shall have the power also to condemn lands and water rights whenever necessary under existing laws. Sewerage system. SEC. 76. Be it further enacted by the authority, That the mayor and council of Fitzgerald 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 Fitzgerald in sums not exceeding seven per cent of the assessed value of all taxable property in said city, to be sold for the purpose of improving and enlarging the water and light plant, now established and in operation, and in maintaining the same, and for the purpose of establishing, building and acquiring and maintaining a sewerage system in said city and for building and equipping public school buildings. Said election shall be held in accordance with the provisions of the laws of Georgia referring to elections for issuing municipal bonds. At said election the ballots shall be For water and light bonds or Against water and light bonds, For sewerage bonds or Against sewerage bonds. Bond issue. Ballots. SEC. 77. Be it further enacted by the authority aforesaid, That said bonds when so issued shall be sold by the water, light and bond commission, the sale to be advertised in one of the leading papers in New York and the official

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organ of the city of Fitzgerald, and in such other papers as the commission shall deem it wise to place it for a period of thirty days. Sealed bids for said bonds shall be received, and said bonds shall be sold to the highest and best bidder. The sale of said bonds shall be ratified by the mayor and council. Bond sales. SEC. 78. Be it further enacted by the authority aforesaid, That the mayor and council of Fitzgerald 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 on said bonds, and to create a sinking fund sufficient to redeem and pay off said bonds at their maturity; and when 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 the accumulation of a sinking fund for the payment of the principal. Interest on bonds, tax for. SEC. 79. Be it further enacted by the authority aforesaid, That if an election be held as herein provided, and the same shall be against the issue of bonds for any of the purposes herein specified, the mayor and council shall at any time thereafter, at the expiration of three months from the date of said election, or any succeeding election, order another election under the provisions of this charter, may continue to do so until the issuance of said bonds are authorized by the legal voters of the city in the manner prescribed by law. The mayor and council may advertise such election for water and light, and sewerage and public school bonds at one general election, or they may advertise for one or more of said purposes, or one only of said purposes, as in their judgment may be necessary. Elections for bonds. SEC. 80. 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 contagious diseases, and to declare and

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maintain quarantine regulations against such diseases, and to punish violators of any of the quarantine regulations of the 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 who has smallpox or contagious disease when, in their judgment, it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Diseases, quarantine, etc. Vaccination. SEC. 81. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to protect all places of divine worship, and the cemeteries of said city 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, and to purchase or acquire by condemnation proceedings, under existing general laws, lands for cemeteries within or without the city, and to exercise police powers over such lands. Places of worship. Cemeteries. SEC. 82. 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 public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions as they may fix; provided, that franchises shall be granted for not more than a term of twenty years nor without compensation to the said city, to be provided for in said franchise ordinance. Franchises, easements, etc. SEC. 83. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances of said city flee from jurisdiction thereof, such person

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may be apprehended wherever he may be found in this State, and the warrant of the recorder, mayor or mayor pro tem., or councilmen, 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 ordinances of said city escape he may be apprehended wherever found in any county of this State, and the warrant of the recorder, mayor, or mayor pro tem., or any member of the city council, shall be sufficient authority for his arrest and return; and all persons thus escaping from custody of said city may be tried again for escape, and upon conviction may be punished, as prescribed for the violation of city ordinances. Fugitives from justice. SEC. 84. Be it further enacted by the authority, That the mayor and council of said city are empowered and authorized, by themselves, or through committee, in the discretion of said mayor and council, to examine into the workings of the business of any office of said city, or examine into the conduct of any officer of said city, and the mayor and council, or committee conducting said examination shall have the power to send for any person and papers of such officer, and compel their attendance upon such examination, swear witnesses and compel the attendance of witnesses, and the production of books and papers of all other persons, as may be required in such investigation. Examination of city offices. SEC. 85. 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 city 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 Fitzgerald or the superior court of Ben Hill 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 establishing chaingang for the keeping of misdemeanor convicts. Prison. Chaingang.

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SEC. 86. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinance and provide such penalties as may be necessary to carry out the provisions of this charter. Lewd and gaming houses. Sabbath. SEC. 87. 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 Fitzgerald, 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 keep order therein, and to that end may appoint such officers and employees as in their judgment may be necessary, and to compensate them for their services. Parks. SEC. 88. Be it further enacted by the authority, That any of the officers of said city of Fitzgerald 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 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 the pursuance thereof. Officer sued may justify hereunder. SEC. 89. Be it further enacted by the authority aforesaid, That in case the mayor or any alderman, or any other officer of said city, shall, while in office, be guilty of malpractice, willful neglect in office, or abuse of the powers 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. SEC. 90. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to control and regulate the running and operation

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of all locomotives, trains, street cars, motor vehicles and all vehicles for transportation of persons or freight; to prevent all unnecessary noise from locomotives, steam whistles, bells or other contrivance that may disturb the peace and comfort of the citizens of Fitzgerald, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Passenger vehicles control of. SEC. 91. 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. Idling and loitering. SEC. 92. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to pass all laws and ordinances that they may consider necessary for the peace, good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. Said mayor and council shall have full power to adopt and enforce any and all ordinances that they may consider advisable or necessary to carry out the powers granted to said city, and to the said mayor and council by this charter, to make and enforce such ordinance, rules and regulations for the government of their body, and all the officers of said city, and to do any and all things and exercise all powers conferred upon them by this Act, or that may be done under the laws of this State, conferring powers upon municipal corporations; provided, such laws, ordinances, rules and regulations are consistent with the laws of the State and United States. General welfare. SEC. 93. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall contract with the publishers of some public gazette published within the city, for the publication of their ordinances and advertisements,

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which said contract shall be awarded to the best bidder, and the mayor and council shall by ordinance provide for the monthly publication in such public gazette of a full statement of the receipts and disbursements of said city, giving the names to whom, and on what account, the disbursements are made. Publication of ordinances. SEC. 94. Be it further enacted by the authority aforesaid, That the territory included within the corporate limits of the city of Fitzgerald shall be, and is hereby, continued as an independent school district, and that at the first general election held in the city, on the third Tuesday in December, 1915, and biennially thereafter, there shall be elected a board of education, consisting of five members, who shall have the same qualifications as the members of the city council, one member from each ward of the city, and one from the city at large, who shall be the president of the board, who shall serve two years, and who shall be elected in the same manner as is provided for the election of aldermen for said city; provided, however, that this amendment shall not operate upon, or in any way affect, the present board or its officers or members, or the public school system or board now in operation; provided, further, that the mayor of said city is hereby made ex-officio member of said school board. School district. Board of education. SEC. 95. Be it further enacted by the authority aforesaid, That before entering upon their duties as members of the board of education they shall subscribe to an oath to faithfully discharge their duties as members of the board of education of said city to the best of their ability. They shall have the power and authority to elect from their number a treasurer, vice-president and clerk, and make such rules and regulations for the government of their body and for the government and management of the public schools of said district as they may deem fit and proper, and that are not inconsistent with the terms of this charter and the general laws of this State. Oath. Officers of board. SEC. 96. Be it further enacted by the authority aforesaid, That said board of education shall have the power to

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establish and maintain a system of public schools within said district, to hire a superintendent, teachers, janitors and all necessary help and assistants, and to fix the term of school months to be taught each year, and the compensation and duties of the superintendent, teachers and other help, and to designate the books to be used in said schools, and fix the amount of matriculation fee of students residing within the city and to fix the amount to be paid by, and the terms on which parties living outside of the school district may send pupils to said school; to provide free books, knives, charts and school apparatus and buildings for such industrial schools as the school board shall deem wise and expedient, and such as may be agreed upon by them; and they shall have full charge and control of all school property belonging to said city and school district. The mayor and council of said city shall not erect or buy for school purposes any building until said school board shall have approved of the location, plans and specifications of such building. The said school board is clothed with the authority to negotiate loans, if such should be necessary, for the payment of its teachers, or other employees, either through the mayor and council of said city, or directly of itself on behalf of, and to be binding upon itself and its successors, which said loans shall not exceed, and are to be paid out of its own income from the State, county, city or otherwise, for the year in which the loan is contracted. Powers of board. SEC. 97. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. It is hereby made the duty of the mayor and city council of the city of Fitzgerald to levy and collect as a tax the amount so reported to them by the said board, and to turn the proceeds thereof over to the treasurer of the said board; provided, however, that the amount so reported and collected shall not exceed five mills on the taxable value of the property

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of Fitzgerald, according to the city assessment. It shall be the duty of the treasurer of said city to turn over to the treasurer of said board at the end of each month all moneys in his hands belonging to the said board from whatever source collected. Said board of education shall hold a regular meeting at least once a month, and oftener if necessary, and it shall have full power and authority to audit all bills against said district, to draw warrants on the treasurer for the payment of the same when they come due, whether there be funds in his hands or not sufficient to pay said, warrants, and said warrants shall draw interest at the legal rate from the date of the registration of the same in the office of the clerk of said board. The said treasurer shall give a full and sufficient bond, conditioned upon the faithful discharge of his duties as said treasurer, and in the amount to be fixed by the board, which said bond shall be approved by the said board and paid for by it. The said treasurer shall receive such compensation as the board may fix, to be paid by the said board monthly, but not to exceed the sum of fifty dollars per year. At the time said school board shall submit to the mayor and council their estimate of the funds required for the public school purposes for the ensuing year, they shall also submit an itemized statement, showing in detail for what purpose said funds are needed, and at the end of each school year they shall submit to said mayor and council a complete itemized statement showing for what the funds were expended during the preceding year and shall file the same with the clerk of the city, together with all original bills, showing from what sources they were received and for what purposes they were expended; and the said mayor and council are hereby authorized and empowered, at any time in their discretion, to call for a complete itemized statement from said school board, showing in detail the disbursements of all funds and the original of all bills, up to date, of said statement; a complete statement shall be filed with the clerk of said city at the end of the scholastic year, showing in detail all receipts and disbursements, and to remain for a period of thirty days, subject to the investigation of the mayor

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and council and by any citizen of said city, and when called for by said mayor and council, said statement to be filed with said clerk as aforesaid, and remain with him for the purposes aforesaid, for a period of thirty days. Duties of board. Tax. Treasurer of board. Meetings. Bond and compensation of treasurer. Estimates and reports by board. SEC. 98. Be it further enacted by the authority aforesaid, That the members of said board of education shall not receive more than twenty-four ($24.00) dollars per year for all services rendered, and no further compensation, either directly or indirectly, nor shall they be interested, directly or indirectly, in any contract with said school district; provided, that the clerk of said board of education may be allowed compensation, to be fixed by said board of education, not to exceed two hundred dollars per annum, to be paid monthly. Pay of board members. SEC. 99. Be it further enacted by the authority aforesaid, That all contracts of the present board of education of said city, the superintendent, teachers and others, shall be continued and recognized under this Act, and all debts and liabilities of said board of education shall be a liability against those elected under this Act; that all books, and papers, property, etc., belonging to the present board of education shall belong to those elected under this Act when they shall have been elected and qualified. Contracts, liability on. SEC. 100. Be it further enacted by the authority aforesaid, That no amount whatsoever shall be paid by the city treasurer of Fitzgerald that has not been previously entered on a monthly pay roll and shall have been examined and approved by a finance committee, consisting of three members of the city council, who shall be elected by the city council of Fitzgerald at the first meeting in January of each year, and said pay roll shall contain one column in which shall be entered the amounts to be paid out by the city of Fitzgerald, and the said column shall be footed up so as to show the total amount, and on the said pay roll and on the right of the first named column, in which the clerk shall accurately extend only such amounts as has been finally approved for payment by said finance committee, and said last named column shall agree with the amount of the checks

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drawn by the city treasurer therefor. No amounts whatsoever shall be paid out of the treasury of the city of Fitzgerald, except by its treasurer, and said treasurer shall take and hold a receipt or voucher for each and every amount which he pays out for the said city, and all liabilities against the city of Fitzgerald shall be due and payable on or immediately after its first meeting for each month, except in extraordinary cases, and in such event the pay roll shall be made out as above designated, and shall bear easy reference to the minutes of the city council, in which shall be found the authority for said payments. Payments by city treasurer. SEC. 101. Be it further enacted by the authority aforesaid, That at the regular election in December, 1914, there shall be elected by the qualified voters of said city a tax assessor, who shall hold his office for a term of two years, and whose authority and duty it shall be to assess all property in said city for the purpose of city taxation. The assessment roll shall be compiled by him at least ten days prior to the first Monday in April of each year, by which time he shall deliver said roll to the clerk of the city council, to be kept by said clerk among the records of his office and open for inspection from the delivery to him until the first Monday in April, at which time he shall deliver the same unaltered to the board for review or equalization hereinafter provided for. Tax assessor. SEC. 102. Be it further enacted by the authority aforesaid, That the board of review and equalization shall be composed of three members of the city council, to be selected from its members by said body, and this said board shall have its regular annual meeting on the first Monday in April of each year. The clerk of the council of said city shall act as the clerk of the board, and he shall keep an accurate record of all changes made by said board. The said board shall have all of its meetings at the city hall, and shall be clothed with authority to correct and equalize the assessment roll. The said board shall adjourn from day to day until its work is completed, and a majority of the whole board shall constitute a quorum to transact business.

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If no quorum is present the clerk may adjourn the meeting from day to day until a quorum is secured. The said board may change the valuation and assessment of any real and personal property upon the assessment roll by increasing or diminishing the assessed valuation thereof, as shall be reasonable and just, so as to render the assessment and taxation uniform; provided, however, that the value of any property as fixed by the assessor upon the said roll shall not be increased by the said board more than ten per cent., without first giving the owner, or his duly constituted agent, notice of the intention of the board to make such an increase, which notice shall be served by a policeman of the city of Fitzgerald upon the said owner or agent in person, if it be found, or by leaving a copy at his most notorious place of business, if any, or if impossible to serve in either of the aforesaid ways, then by leaving a copy at his last known place of residence, and the said notice shall state the time when the board will be in session to act upon the matter. It shall be the duty of the said board to place upon and to add to the assessment roll, and to assess a value for any property subject to taxation which does not appear upon the assessment roll, and the value so placed upon said property shall be such that said property shall bear a just and equal proportion of the taxes. The sessions of said board shall be made public, and any person feeling aggrieved by anything in the assessment roll, may either in person or by agent or attorney, apply to the said board for correction of the alleged errors in the listing or valuation of his property, and the board may correct or change, as it deems just and equitable, If the board has reason to believe that any person has failed to return to the assessors all property required by law to be returned by him, the board shall give notice to the person whom they believe has failed to make the return, or has failed to swear to his return, which said notice shall be given in the manner hereinbefore pointed out as the manner of giving notice before making any increase, above ten per cent., in valuation of property, and when such person has appeared in response to such notice, the board

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may administer an oath to him and examine him under oath in regard to said matters; and if such person, being notified, shall refuse or fail to answer or fail to appear, the said board shall assess such property at such value as to them shall seem just and equitable. Each member of said board shall receive for his services the sum of two dollars per day for each day that he attends the sessions of said board. The assessor hereinbefore provided shall receive for his services in making the assessment and all other work in connection therewith such salary or compensation as the mayor and council shall, by ordinance or resolution, not to exceed three dollars per day for the time he is actually engaged in the duty of making the assessment and compiling the records, and he and the members of said board shall be paid as other bills against the city are paid. Review and equalization of assessments. SEC. 102. Be it further enacted by the authority aforesaid, That the mayor and council be and they are hereby authorized and empowered to borrow money and sign the name of the city of Fitzgerald to notes therefor, thereby binding the city, and said loans are never to exceed the income from the taxes levied during the year in which said indebtedness is incurred, and to be repaid out of the taxes or other income of the city for the year in which said indebtedness is incurred. Borrowing money. SEC. 103. Be it further enacted by the authority aforesaid, That a board of trustees for the Carnegie Library of the city of Fitzgerald is hereby created, to consist of four persons, to be elected annually by the mayor and council, two of whom shall be men and two women, and it shall be the duty of said board to manage the Carnegie Library, to expend all funds appropriated by the mayor and council therefor and available from any source for library purposes; to hire a librarian and such other help as may be necessary, and generally to superintend and operate said library. The mayor and council of said city are hereby authorized to levy and collect taxes each year for the support and maintenance of said library. The mayor of said

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city is hereby made ex-officio member of said board of trustees. Library trustees. SEC. 104. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to condemn any building within the fire limits of said city, when in their judgment it becomes necessary for the health or safety of the inhabitants thereof, and when they have passed a resolution condemning such building the owner thereof shall be given the privilege, himself, of destroying the same, and if he does not do so within a reasonable time, the mayor and council may themselves have the same destroyed; provided, however, the owner of said building shall have the privilege of demanding to be paid the intrinsic value of said building, and if such owner and city authorities are unable to agree upon its value, then said owner shall select one arbitrator, the authorities one, and these two shall select a third, who shall hear evidence as to the value of the building and make an award, finding the value thereof, which shall be binding upon both parties, unless and until an appeal is taken therefrom, in the manner provided by law for assessing the value of property in condemnation proceedings. Condemnation of buildings. SEC. 105. Be it further enacted by the authority aforesaid, That all the Acts of the General Assembly heretofore passed incorporating and establishing a new charter for the city of Fitzgerald, and the amendments thereto, be and the same are, hereby consolidated and superseded by this Act; and all such as conflict with this Act be, and the same are, hereby repealed; that all ordinances passed by the mayor and council under a former charter or amendments thereto now in force and not inconsistent with this Act shall continue as ordinances of said city, and such as are inconsistent herewith be, and the same are, hereby repealed. Former Acts superseded hereby. Approved August 17, 1914.

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FIVE FORKS, TOWN OF, CHARTER REPEALED. No. 358. An Act to repeal an Act entitled, An Act to incorporate the town of Five Forks in the county of Madison; to define the corporate limits of said town, to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties, and for other purposes, approved December 8, 1899, and all Acts amendatory thereof, and provide for the continuance of the present charter until the new charter shall have been granted. SECTION 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 to incorporate the town of Five Forks, in the county of Madison; to define the corporate limits of said town; to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties, and for other purposes, approved December 8, 1899, and all Acts amendatory thereof, be and the same is hereby repealed. Act of 1899 repealed. SEC. 2. Be it further enacted, That this Act shall not be of force and effect until the new charter of the city of Colbert shall have been enacted. City of Colbert. 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, 1914. FORT GAINES, CITY OF, NEW CHARTER. No. 412. An Act to create a new charter for the city of Fort Gaines, in the county of Clay, and to re-incorporate said city and

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define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof; to provide that all ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this Act, be preserved and continued of force and valid and binding until the same are repealed or amended by the mayor and council 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 is held; to provide the manner and time for all elections in said city; to provide for the qualification of all electors and voters therein; to provide for a mayor's court and trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for a city chaingang and the working of prisoners therein; to provide for a fire department, a board of health, a police department and to prescribe the rights, powers and duties of the same; to authorize the mayor and council to maintain and operate a system of waterworks and sewers and electric light plant; to authorize said city to borrow money and issue bonds and other evidence of debts, 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 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

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authorize the assessment and collection of a tax for working the streets of said city; to authorize a taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainment in said city; to provide for abatement of nuisances; to prohibit the sale of intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for the search of same and destruction thereof and the punishment of offender; to grant encroachments on the streets; to force the connection of all closets with sanitary sewers; to provide penalties for failure to do so and regulate the manner in which said city shall construct and build a sewerage system for said city for sanitary purposes and enforce a lien against the property for the same; to provide for all matters and things necessary, proper and incident to municipal corporations and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter designated be, and they are hereby constituted and continued a body politic, and corporate under the name and style of the city of Fort Gaines; and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any court of law and equity in this State, or elsewhere as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess, and retain to them, their successors and assigns, for the use and benefit of said city of Fort Gaines, in perpetuity, or for any term of years, any estate or estates and any and all kinds of property of whatever kind or nature, within or without the corporate limits of said city for corporate purposes. To have and to hold all property now belonging to said city;

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either in its own name or in the name of others, to the use of said city for the purposes and intents for which the same were given, granted and dedicated; to use, manage, and improve, sell, convey, rent and lease the same; and shall have like powers over all property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation of the city of Fort Gaines. They shall have the power to borrow money and give evidences of indebtedness for the same as provided by the laws of said State for casual deficiencies, to issue bonds and to do and perform all and every act necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, resolutions, ordinances, or other orders as they may deem proper, not in conflict with this charter or the constitution and laws of this State and of the United States. City of Fort Gaines incorporated. General powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall be as follows: Commencing on the west bank of the Chattahoochee River, on the line dividing the States of Georgia and Alabama, at a point opposite the mouth of the Camochobee Creek, and running across said river to the mouth of said creek; then running east on the old dividing line between Randolph and Early Counties to the northeast corner of lot number 361; thence south on the east line of lots numbers 361, 362 and 363, to the Ledbetter Branch; thence following said branch westerly to the south line of lot number 363; thence due west, across the Chattahoochee River to a point on its western bank on the line dividing the States of Georgia and Alabama; thence on said State line to the point of beginning. Territorial limits defined. SEC. 3. Be it further enacted, That the municipal government of said city shall be vested in a mayor and five councilmen to be elected as herein provided; and such other officers as said mayor and council may consider right and proper to elect or appoint as hereinafter provided. That said mayor and council shall constitute the legislative department of said city and as such shall have full power and

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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 all and every matter and thing whatsoever, that may be by them considered necessary and proper or incident to the good government of said city, and to the peace, security, happiness, health, welfare, protection or convenience of the inhabitants of said city and for preserving the peace, good order, and dignity of said government of said city. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing or 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 an addition and in the aid of such powers. Mayor and five councilmen to be elected. Legislation. General welfare. SEC. 4. Be it further enacted, That said mayor and five councilmen shall be elected by ballot on the second Tuesday in December, 1914, and every two years thereafter. That said mayor and councilmen so elected shall hold office for a period of two years and until their successors are elected and qualified. That the present mayor, M. C. Gay, and five councilmen, to-wit.: J. E. Peterson, R. C. McAllister, A. W. Holley, Hamilton M'Rae, and Joe Vinson, shall hold office and discharge the duties thereof until the election to be held under this charter for mayor and councilmen on the 2d Tuesday in December, 1914. That all minor officers, including the mayor pro tem., elected or appointed by said mayor and council shall hold office and discharge the duties thereof for the term for which they were elected or appointed, unless sooner removed by said mayor and council for cause. Election. Term of office. Present officers hold until election. Mayor pro tem., and other officers. SEC. 5. Be it further enacted, That every male person who shall have attained the age of twenty-one years and who is a citizen of the United States, and who shall have resided in and had his domicile in the State of Georgia for one year and in the county of Clay for six months, and in the city of Fort Gaines for six months next preceding date of the election and who shall have paid all State and county

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taxes since the adoption of the present constitution of the State of Georgia and who shall have paid all municipal taxes and done all work on streets and who shall have registered as a qualified voter as herein provided for as follows: That all citizens of the city of Fort Gaines who have resided within the corporate limits of said city for six months previous to the date of any municipal election held in said city, and who shall be qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes due the State and county up to and for the year previous to that in which said election is to be held, and who shall have paid all taxes, fines, and dues of every nature which may be required of him by the city of Fort Gaines shall be entitled to vote in any municipal election in said city; provided, he shall first register with the clerk of the mayor and city council of the city of Fort Gaines and who shall subscribe, previous to having his name entered on the city registration book the following oath, before said clerk: I do solemnly swear that I am twenty-one years of age, that I have resided in the city of Fort Gaines for six months previous to this date, (or that I will have so resided before the next municipal election), and that I am a citizen of the State of Georgia, and do not owe the State of Georgia, nor the county of Clay, nor the city of Fort Gaines, any taxes which remain due and unpaid, nor am I due the city of Fort Gaines any fine or moneys of any nature whatever, so help me God. That it shall be the duty of said clerk to prepare for each year a registration book for the registration of the voters of said city, upon which shall be printed the oath herein prescribed and the caption now used by the tax collector of Clay County, Georgia, in his registration book and upon which he shall enter, or cause to be subscribed the name of all voters in said city who apply to be registered and duly qualify themselves to be so registered. It shall be the duty of said clerk to keep said book or books open in his office from the first day of January of each year until thirty days before the general election of said city of Fort Gaines for the registration of such voters as may apply to be registered and to keep said book so that the color, occupation, and age

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of each voter shall be known. After the registration books above provided for shall be closed, it shall be the duty of said clerk to compare with the books of the State and county taxes and the city tax books, and it shall be his duty to erase from said list the names of all persons who shall have not paid to him all taxes due as herein provided. After having purged said list as herein prescribed said clerk shall make out a list of the qualified voters so far as the books show and certify said list as correct, which list shall be kept on file by said clerk and in his custody and shall be known as the voters' list of said city and at any municipal election held in said city, said clerk shall furnish said list to the managers of such election for their government in conducting said election. That it shall be unlawful for the managers of any municipal election held within said city to allow any person to vote at such elections unless the name of such person appears on the registration list furnished them in accordance with the provisions of this Act. Voters qualified. Voter must register. Oath. Registration book. Voters' list. SEC. 6. Be it further enacted, That the mayor shall appoint two freeholders or a justice of the peace and one freeholder of said city, who shall be registered voters, to manage said election. It shall be the duty of said managers to receive, count and verify the votes polled. Each of said managers before entering upon his duty shall subscribe the same oath as that subscribed for managers holding elections for county officers in this State. Managers of elections. SEC. 7. Be it further enacted, That any person offering to vote at any election of said city, if he is challenged, shall take the following oath: I do solemnly swear that I am twenty-one years old and have registered and qualified as a voter of the city of Fort Gaines, so help me God. All persons voting illegally at any elections in the city of Fort Gaines shall be liable to the same penalties prescribed by the laws of the State of Georgia for illegal voting in State and county elections and may be prosecuted for the same in any court in Clay County having jurisdiction. Challenge of voter. Illegal voting.

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SEC. 8. Be it further enacted, That it shall be the duty of said clerk and he is hereby required to keep a book to be called the permanent qualification book upon which all persons desiring to qualify as voters in said city shall be required to qualify as herein required. Such voters upon qualification shall sign their names in alphabetical order and shall be subject to examination by said clerks as to their qualification and said clerk shall have the right and shall be charged with the duty of examining, each two years, the qualification of each voter or name entered thereon. That each year said clerk shall make up the registration list for the year prior to any general election by putting on such registration list the names of such persons as appear on such permanent qualification book who have previously registered and qualified as provided in this Act. That all persons who have qualified, registered as herein provided, and have signed the permanent qualification book, shall not thereafter be required to register or further qualify, except as may be required by said clerk. And such persons shall in all cases be entitled to receive notice before his name shall be stricken from said permanent qualification book by said clerk; provided that no person shall remain registered longer than he retains the qualification. That it shall be the duty in making out and purging a voters' list for the qualified voters of said city to place thereon all names of persons whose names appear on said permanent registration book, but that said clerk shall strike from said permanent registration book all of such names who shall not be a qualified voter as provided in this Act. Permanent qualification of voters. SEC. 9. Be it further enacted, That it shall be the duty of the Mayor to furnish all necessary material for holding elections in said city. All elections shall be held at such place or places in said city as the mayor and council may prescribe by ordinance. The polls shall be opened at six o'clock a. m. and close at six o'clock p. m. solar time, at all elections. Elections. SEC. 10. Be it further enacted, That the chief of police and the sheriff of Clay County shall take all necessary steps

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and precautions to preserve order, to prevent the carrying of deadly weapons, and to secure to all electors the right to deposit their ballot at the polls without fear of harm or intimidation. No officer of said city or manager of any election shall threaten or intimidate or persuade any elector at such election. That after the votes of any election shall have been counted by the managers thereof they shall cause and make out two tally sheets and election returns to be certified by them as true and correct, one of which shall be retained by said managers and the other turned over to the mayor who shall declare the results of said election in the presence of the councilmen at the next regular meeting following said election and said mayor shall cause the persons elected to be notified of the same and shall file with the city clerk a certified copy of the tally sheets of said election, together with said returns to be kept on file by said clerk and duly recorded by him on the board of councilmen. The person who shall receive the largest number of votes shall be declared duly elected. The person or persons who shall receive the largest number of votes cast for councilmen shall be declared duly elected. In case of a tie vote between two or more persons for the same office, another election shall be called by the mayor and councilmen to be held within thirty days of the election at which said tie occurred; provided, that the five persons running for councilmen receiving the greatest number of votes cast shall be declared elected. Officers to secure orderly election. Returns and declaration of result. SEC. 11. Be it further enacted, That the persons elected as mayor and councilmen shall attend on the first regular meeting, after said election, of the city council of said city at the council chamber of city hall for the purpose of qualifying and taking the oath of office. The mayor and councilmen so elected shall take and subscribe before some officer authorized by law to administer oaths, the following oath: I,....., do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the

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inhabitants of the city of Fort Gaines and the common interests thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Oath of office. SEC. 12. Be it further enacted, That in case of a vacancy on the board of councilmen either by death, resignation or failure to qualify, removal from office or removal from the city, the mayor shall, together with the remaining members of said council, have power to fill said vacancy or vacancies by appointing any person qualified under this Act to hold said unexpired term or terms. That in case of the death of the mayor, removal from office, removal from said city, or failure to qualify the board of councilmen shall order an election to fill said vacancy, notice of which shall be given by publication in the gazette in which the legal advertisements of said city are published, which election shall be held within thirty days from the beginning of said vacancy or vacancies but no registration shall be held for said election; the registration list for the last election shall prevail. Vacancy in office. SEC. 13. Be it further enacted, That no person shall be eligible to hold the office of mayor unless he be at least twenty-one years old, and a qualified elector of the city of Fort Gaines and shall have resided in said city two years immediately preceding his election. No person shall be eligible to the office of councilman unless he shall have attained the age of twenty-one, and be a qualified elector of said city and shall have resided in said city two years immediately preceding his election. Eligibility of mayor and of councilmen. SEC. 14. Be it further enacted, That the term of office of the mayor shall be two years, who shall be elected at the same time and in the same manner as is provided in this Act for the election of councilmen and shall hold office until his successor is elected and qualified. He shall receive such salary per annum as shall be fixed by the board of councilmen and which shall not be changed during his term of office. He shall be the chief executive officer of the city and shall have general supervision over all of its affairs, and who

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shall preside over all of the meetings of said council. He shall sign deeds and contracts, except deeds made for property sold at public sale under execution, which shall be signed by the marshal or chief of police; approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws of this State and ordinances of the said city are faithfully executed within the corporate limits of said city. He shall keep the board of councilmen advised from time to time of the general conditions of the city, and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him and shall preside over same; he shall devote as much time as may be necessary to the business of the city. That the regular meeting of said mayor and board of councilmen shall be on the first Tuesday in each month and at such time and place as said mayor and council may by ordinance provide. Term of office of mayor. His salary and duties. SEC. 15. Be it further enacted, That said councilmen shall receive as compensation for his or their services out of the treasury of said city such sum per annum as said mayor and council may provide by ordinance and which compensation of the mayor and councilmen shall not be changed during the term of office for which they were elected. Compensation of councilmen. SEC. 16. Be it further enacted, That should the mayor or any member of the council be guilty of malpractice in office or willful neglect of his office, or abuse of the powers conferred on him, or shall be guilty of any other conduct unbecoming an officer of said city he shall be subject to impeachment by said mayor and councilmen, and on conviction shall be removed from office. That the provisions and the manner of such impeachment shall be made by said mayor and councilmen by ordinance. Impeachment. SEC. 17. Be it further enacted, That there shall be a mayor pro tem., who shall be elected from the council to

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preside over that body in the absence of the mayor or his disqualification, or absence on account of illness; and who shall be clothed with all the rights, powers, and duties of mayor during his absence or disability of said mayor. Before entering upon the discharge of his duty as mayor pro tem., he shall take the same oath prescribed herein for the mayor in addition to the oath taken by him as councilman. Mayor pro tem. SEC. 18. Be it further enacted, That every ordinance and resolution passed by the council shall before the same becomes effective, be approved and signed by the mayor, within ten days after the passage thereof, unless passed over his veto, any action taken by the council if he shall not approve the same and shall return it with his objections entered thereon to the city clerk within ten days after its passage and the council at the next regular meeting thereof, if a quorum be present, order said objection recorded on the minutes and take a vote on said question as to whether said resolution or ordinance shall become adopted over said veto. Should as many as four commissioners vote in the affirmative said resolution or ordinance shall become effective without the approval of said mayor; otherwise not. If said ordinance or resolution shall not be returned by the mayor to the city clerk within ten days after its passage it shall become effective in the same manner as if the mayor had signed and approved the same. Veto power. SEC. 19. Be it further enacted, That the police force of said city shall consist of a chief of police, marshal, and such other officers and men as the mayor and councilmen may by ordinance prescribe. Their term of office shall be for one month and until their successors are elected and qualified, but they, or any of them may be suspended or discharged by the mayor and council at any time, when in their opinion, such suspensions or discharge becomes necessary for the good of the service of the interest of said city. The compensation of the police force shall be prescribed by the mayor and city council by ordinance. 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

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this State or any of the ordinances of the city of Fort Gaines and all persons committing or attempting to commit 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 county prison or in the common jail of Clay County and bring them before the mayor's court for trial or commitment; provided, that all persons desiring to give bail for their appearance before such mayor's court shall be allowed to do so, which shall not exceed the sum of one hundred dollars, and which bail shall be fixed by the mayor or any one of the board of council. That said chief of police or marshal shall be allowed to take a cash bond, the manner of the taking of which shall be prescribed by said mayor and council by ordinance. The police force shall be elected by the mayor and council who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police force, their terms of office, pay, duties and powers. SEC. 20. Be it further enacted, That it shall be the duty of the chief of police, either upon written or verbal notice of the mayor or any member of the board of councilmen, or citizen of said city, to arrest or prosecute all offenses against the ordinances of said city committed within the limits of said city of Fort Gaines. That said chief of police or marshal or any member of said police force shall not arrest any person violating the ordinances of said city, if said person or persons so violating any of the ordinances of said city shall demand a warrant before his arrest. In case any crime is committed in the presence of any member of said police force or comes to his knowledge it shall be his duty to prosecute the same without such notice; provided, that he shall in all cases first obtain a warrant before arresting any person if a warrant shall be demanded. Arrests. SEC. 21. Be it further enacted, That in addition to the officers already named, said mayor and council shall elect a city clerk, a city marshal, a city treasurer, a city sexton, or street hands, a city attorney and a city engineer, and such other officers or agents of the city as the mayor and

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councilmen may by ordinance prescribe. These officers shall serve for a term of one month and until their successors are elected and qualified, and no person shall hold said office or offices unless he be a qualified elector of said city, to be judged of by the mayor and council by a majority vote thereof. That said officers including the chief of police herein named, shall be elected by said mayor and council at their first regular meeting each year or at any regular meeting of said councilmen. That either one or all of said offices may be combined or consolidated into one of said offices, and one person eligible, under this Act, may hold all, one or any two of said offices. That such bond shall be given by said officers and such oath subscribed as may be prescribed by said mayor and council by ordinance. That any of said officers may be suspended or discharged by the mayor and council at any time, with or without notice, when in their opinion such suspension or discharge shall become necessary for the best interest of said city. City officers elected by council. SEC. 22. Be it further enacted, That it shall be the duty of the treasurer to receive and disburse all money of the city, and who shall give such bond as the mayor and councilmen may prescribe, conditioned for the faithful performance of his duties and shall take an oath that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office. He shall make itemized reports of all receipts and disbursements and submit same to the mayor and councilmen whenever called upon by them to do so, and who shall be subject to all ordinances passed by said mayor and council pertaining to his duties and shall keep the moneys received by him deposited in such banks or bank in the city of Fort Gaines as said mayor and council may prescribe. Treasurer. SEC. 23. Be it further enacted, That the city clerk shall attend all meetings of the mayor and council, keep the minutes and files of each, attest all ordinances, deeds or contracts made by said city, attend to the issuance of licenses, sign and issue all executions or other processes in the name of the mayor for the collection of taxes or money

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due said city and perform such other duties as may be required of him by said mayor and city council. That he shall attend all the meetings of the mayor's court hereinafter provided for and act as clerk of said court. That he shall perform any and all duties as the mayor and council may, from time to time prescribe. Clerk. SEC. 24. Be it further enacted, that it shall be the duty of the chief of police or city marshal to levy and collect all executions for faxes or other money due the city; to advertise and conduct all sales of property under execution, execute deeds or other conveyances as is usual in such cases, and perform such other services as the mayor and council shall by ordinance require; provided, that nothing herein contained shall prevent the mayor and council from combining and consolidating the offices of chief of police and city marshal, and electing the same person to fill both offices. Chief of police or marshal. SEC. 25. Be it further enacted, That the mayor and council shall have authority to prescribe the duties of all the officers of said city, to fix their salary and the amount of bond they shall give for the faithful performance of their duties and prescribe the oath to be taken by them. That all elections by mayor and council for any of the officers shall be in public and shall be conducted as follows: As soon as the names of the candidates for the various offices the clerk shall call the roll and each member of the body shall, as his name is called, vote viva voce. The clerk shall keep a correct record of all votes which shall be entered on the minutes and at the conclusion of the call the mayor shall announce the results; a majority of the whole board shall in all cases be necessary to elect or confirm as the case may be. That in the case of a vacancy of any of the offices elected by the said mayor and council caused by death or otherwise shall be filled by said mayor and council at their first regular meeting immediately following such vacancy, or a meeting may be called for that purpose to fill said vacancy. Officers' duties, salaries, bonds and oath. How elected. SEC. 26. Be it further enacted, That there shall be a mayor's court maintained and established for the city,

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which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by the ordinance; punishing 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, to absent himself or go away beyond the reach of the process of the court. Said court shall have full jurisdiction and power for the purpose of compelling the attendance of witnesses before said court, residing anywhere in said county of Clay or within the limits of said city. That said court shall be presided over by the mayor and in his absence or disqualification the mayor pro tem. and said court shall be held every Monday morning and from day to day as the same becomes necessary, or at any other time and as often as may be necessary to try all offenders against the city ordinances. That the mayor or the mayor pro tem. of said city shall have power to impose fines for violations of any laws or ordinances of the city of Fort Gaines to an amount not to exceed fifty dollars or to imprison offenders in the city barracks or prison for a period of not more than thirty days or to labor on the public works or streets in the city chaingang for not more than thirty days. He shall also have power to impose either, one, both or all of said fines and punishments in the discretion of the mayor. He shall also have the same powers of the judges of the superior courts of this State to punish for contempt by a fine not to exceed twenty-five dollars or imprisonment in the city barracks or prison not to exceed fifteen days. He shall be, the mayor of said city, to all intents and purposes as justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of said city, and to try and commit the offenders to the jail of Clay 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. Mayor's court and its powers.

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SEC. 27. Be it further enacted, That the chief of police shall attend the sessions of said court in addition to his other duties. That the clerk of said council shall sign and issue all processes, executions, summonses, subpoenas, attachments and all other processes issuing out of said court, all of which shall bear test in the name of the mayor. The ministerial officers of the said court shall be the chief of police or marshal and his entire force and the clerk of said mayor and council, any of whom with the exception of the clerk, may execute and return the mandates of said court and to whom, in the alternative all mesne and final process shall be directed. The chief of police and all the officers of said court shall be liable to contempt for non-performance of the orders of said court. Chief of police. Clerk. SEC. 28. Be it further enacted, That there shall be no appeal from the judgment or decisions of said mayor's court except by writ of certiorari to the superior court of Clay County and from the superior court to the court of appeals. That no person convicted in said mayor's court shall be released from custody until he shall have given a good and sufficient bond and security to be fixed and approved by the mayor of said court for his appearance to carry out and perform said sentence in the event the same is affirmed, which bond shall include the cost of his conviction. No appeal. Certiorari. Bond for appearance. SEC. 29. Be it further enacted, That the mayor and council shall have full power and authority to pass such laws, ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, that none of said ordinances, rules or regulations shall be in conflict with the laws of said State and this charter. Ordinances as to mayor's court. SEC. 30. Be it further enacted, That the mayor and council shall cause any nuisance likely to endanger the health of the city or any neighborhood or place to be abated in a summary manner, and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the

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party causing the same, and payment thereof be enforced by fine or imprisonment or both in the discretion of said mayor and council. That said fine, when imposed, may be enforced by execution. Nuisance abatement. SEC. 31. Be it further enacted, That said mayor and council 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 ordinance of said mayor and council. They shall have full power and authority to declare 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 what may be 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 Fort Gaines 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. They shall, by ordinance, provide for the punishment, and the mayor's court shall have jurisdiction to try and punish all persons charged with and found guilty of any violation of any resolution or ordinance pertaining to the public health of said city. They may establish and maintain a smallpox hospital or other hospitals for the confinement of persons infected with contagious diseases. That for the purpose of carrying out this section they may elect a city physician and by ordinance establish and maintain a board of health for said city and confer upon said board by ordinance or resolution such powers and duties as is necessary for the carrying out of this section and for the purpose of the public health of said city. Should said mayor and council deem it proper to establish a board of health for said city same shall be composed of the mayor, a physician and two of the councilmen of said city, which physician shall be paid such salary or perquisite as said mayor and council may prescribe. Health and sanitation. Quarantine. Nulsances. Present ordinances effective. Contagious diseases. Board of health.

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SEC. 32. Be it further enacted, That the mayor and council shall elect a chief of fire department and any other officers and men thereof, and shall have power to suspend or remove whenever they shall deem it necessary or proper for the well-being and efficiency of said department. They shall have power to prescribe all rules and regulations for the general management for the officers and men of this department and fix by ordinance the salaries of same in the discretion of said mayor and council. The chief and members of said department shall be elected in the manner and at the same time as other ministerial officers of this Act are elected and shall be subject to the same rules and regulations that said mayor and council may from time to time prescribe. Fire department. SEC. 33. Be it further enacted, That said city shall own, have, maintain and operate a system of electric lights or other lighting system and a water plant; and shall have the right to establish, equip, modify and operate a lighting system, a sewerage system, a drainage system and a water system in and for said town and for the public health and convenience of the citizens thereof; to appoint a superintendent or such other laborers as they may deem proper for said system or systems, to purchase, rent and lease real estate and apparatus and machinery and all the other things necessary to properly and successfully conduct said light, sewerage, drainage and water system and hold title to the same for the city, to collect, receive, all moneys for water rent, light rent, or drainage rent, or sewerage rent and all other revenue derived from said system or system, to make such rules and regulations for the government and management of the employees of said system or systems as they may doem necessary for the best interest of said system or systems not in conflict with this charter or the laws of said State. They shall have power and authority to fix the compensation of any of the employees of said system or systems, their time of service and may suspend or discharge any of said employees when they may deem it for the best interest of said system or systems. That said mayor

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and council shall have the right and power to make such rates, rents and tolls for the patrons of said system or systems as they may deem it for the best interest of said system or systems. Lights. Sewerage. Water. SEC. 34. Be it further enacted, That the mayor and council shall have full power over all the streets, lands, lanes, alleys, sidewalks, crossings, parks and public lands of said city. They shall have full and complete power 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, shall, booth, tent, steps, gates, 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 mayor and board of councilmen, after notice thereof served upon such owner, his agent or tenants in charge, then the city authorities may remove the same, at said owners 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 power and authority to regulate, lay-out, open, grade, drain, and control new streets, lanes, alleys, crossings and side-walks, whenever in their discretion it may be necessary or proper to do so; and no person or corporation shall at any time thereafter, lay out, open or extend any street, lane, alley or sidewalk, park or square, contrary to the original plan of the city without the consent of the mayor and council by a vote had at a regular meeting. They shall have full 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, grading, draining, working or in any manner whatever changing the grade, street lines and sidewalks of said city. And whenever the mayor and 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,

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executor, administrator, guardian, agent or other fiduciary, in the manner and form provided for the condemnation of property for public uses under and by virtue of the Code of Georgia of 1910, and Acts amendatory thereof. They shall have full and complete power and authority, by a majority vote at a regular meeting, to require any street, lane, pavement, sidewalks, or street crossings to be paved in such manner, and with such material, and at such time as they may determine by resolution or ordinance. One-third of the expenses of paving streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the feet frontage of said property. The entire expense of paving sidewalks, lanes and alleys shall be borne by the abutting property owners in just proportion to the foot frontage of their property thereon. The entire expense of all railroad crossings shall be borne by said railroad. Whenever the mayor and council 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 the owner and against said property, which shall be a lien on said property superior to all other liens, except lien 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 with the laws of this State governing the sales of property under judgment and execution by sheriff. 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 this State are authorized to do at public sale under

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judgment and execution. The city of Fort Gaines shall have full right to bid on and purchase said property at said sale if it chooses to offer the highest bid therefor. That 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. That the mayor and council shall have authority and power to grant encroachments upon the streets, sidewalks, lanes, alleys and lands of the city upon such terms and in such manner as may be prescribed by ordinance and for or without consideration to the user. This power shall be exercised with caution and due regard to be had to rights of the city and to all property owners to be affected thereby. Streets, control and improvement of. Removal of obstructions. Condemnation of private property. Paving at expense of abutting property and railroads. Executions. Encroachments. SEC. 35. Be it further enacted, That the mayor and council shall have 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 sewered. They shall have full and complete power and authority to establish and maintain a sewerage or drainage system for said city by a majority vote at a regular meeting, to require any street to be sewered, drained in such manner, with such material and at such time as they may deem or determine by resolution or ordinance. That the mode and manner of sewering or draining the street or streets of said city shall be done in the same manner as the paving of the streets of said city and which is provided for in Section 34, of this Act. That said mayor or council shall have authority and power to regulate surface closets and cause them to be removed as a nuisance, to cause all water closets or other deposits of filth or other receptacles of the same, privies and water closets to be connected with said sewerage or drainage system in such manner as they may determine by ordinance or otherwise. Streets, sewers and drains. SEC. 36. Be it further enacted, That the mayor and council shall have full power and authority to regulate and control all markets or marketing within the city limits. Markets. SEC. 37. Be it further enacted, That the mayor and council shall have power and authority to prevent stock

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from running at large, or dogs, and take up and empound any horse, mule, cow, hog, goat, dog or domestic animal found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. And they shall have authority and power to make such regulations or impose such taxes, upon the owners of dogs within the limits of said city as they may determine by ordinance or otherwise. Impounding of animals. SEC. 38. Be it further enacted, That said city shall have authority to make such regulations for the control of intoxicants or liquor within said city not in conflict with the laws of said State or this charter. Intoxicating liquors. Section 39. Be it further enacted, That said mayor and council shall have full power and authority to establish and fix fire limits within said city and from time to time, in their discretion, to extend and enlarge the same. When said fire limits are so established it shall not be lawful for 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 said mayor and council. That they shall have full power and authority to pass such ordinances as they may determine for the regulation and carrying out of this section of this Act. Fire limits. SEC. 40. Be it further enacted, That the mayor and council shall have power to require every male inhabitant of said city between the ages of twenty-one and fifty years to work such time on the streets of said city as said mayor and council shall direct by ordinance. Said person so subject to work on the streets shall have the right to relieve himself of such work by paying such commutation tax as said mayor and council shall fix by ordinance, which shall be payable or said work done at such time and place as said mayor and council shall fix by ordinance. Any person subject to work on said streets or to pay said tax who shall fail to do so, after being notified, may be punished as other

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violators of the ordinances of the city of Fort Gaines and of this Act. Street tax or work. SEC. 41. Be it further enacted by authority aforesaid, That the mayor and council of said city shall have power and authority to license, regulate and control all opera houses, livery stables, hacks, drays, automobiles or other vehicles used for hire, vendue masters, auctioneers, itinerant traders, theatrical performers, shows, circuses and exhibitions of all kinds, itinerant lightning rod agents, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry or medicine, and all other itinerant venders of articles, wares and merchandise, except such as are excepted by the laws of this State, every keeper of billiard, pool or bagatelle table, kept for public use or game, and all other establishments, business, callings, or vocations which under the laws and constitution of this State are subject to a license tax by municipal corporations. That said city shall have authority, to levy and collect a tax on all franchises which are now subject of taxation by this State. Licenses of occupations. SEC. 42. Be it further enacted, That said mayor and council for the purpose of raising revenue for the support and maintaining of the city government shall have power and authority to 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 city, which is subject to be taxed under the laws of this State, said tax not to exceed the per centum on the assessed value of the same for ordinary current expenses and which tax shall not exceed the limit as provided by the laws of the State of Georgia for municipal corporations. They shall 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 hereafter exist and created by said city in accordance with the constitution and laws of the said State of Georgia. They shall have power to provide, levy and collect all taxes which are authorized and provided for, for

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municipal corporations under and by virtue of the laws of said State of Georgia. They shall have power to provide, by ordinance, when the taxes are to be paid and the manner of collecting the same. They shall have power to prescribe, by ordinance, 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. Tax ad valorem. Additional tax for bonds. Tax laws. SEC. 43. Be it further enacted, by authority aforesaid, That any person owning or holding any property within the limits of said city fixed by law and each year for return of property for State and county taxation shall return the same upon oath, for taxation at any time and place that said mayor and council shall prescribe by ordinance or otherwise. That said return shall be made to the clerk of said city and in the manner and form prescribed by the ordinances of said city. Tax returns. SEC. 44. Be it further enacted, That the mayor and council may at their option, elect three councilmen of said city who are qualified voters thereof as city 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 real and personal property in said city, for the purpose of taxation, by said city, and it shall be their duty to examine the tax returns of the tax payers of said city and increase or decrease the valuation of the property shown therein, when in their judgment, the value placed thereon by the taxpayer is not the true value of said property. Said assessors shall make returns of their assessments 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 assessment, said objection to be heard and determined by the mayor and council, and the clerk of said city shall give each owner of property whose tax return has 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 city

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and has no agent therein the mayor and council shall cause notice to be mailed to him at his most notorious place of abode. In all cases notice to the agent or tenant in possession shall be sufficient if the owner is a non-resident. All assessments shall be final if no objections are made on or before the time set for hearing objections, where notice has been given. If objections are made, the decision of said mayor and council after hearing such evidence as may be offered shall be final. Tax assessors. Objections to assessments. SEC. 45. Be it further enacted, That whenever any person is arrested under the provisions of authority contained in this Act or under ordinances passed by authority of the same, he shall be privileged to give good and sufficient bond to be approved by the mayor, conditioned for his appearance to answer such charge when the same shall be heard or final decision rendered thereon and shall be payable to the city of Fort Gaines, which shall be forfeited for the non-appearance of the defendant, in the same manner as penal bonds are forfeited in the courts of this State, and said mayor is hereby authorized to issue scire facias thereon returnable before him at a regular court day; when any defendant shall fail to appear, judgment shall be rendered against defendant and his security as in State courts and the sale of all property levied on which shall be conducted, advertised and made as sales of other property under other executions issued by said city and such judgment and execution shall be a lien on all the property of the principal and securities equal in dignity to the judgment and execution 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 said judgment of forfeiture. Bond for appearance. Forfeiture. SEC. 46. Be it further enacted, That all executions issued by the city clerk shall be directed to the chief of police and marshal of said city and to all and singular the sheriffs and constables of this State, and state for what issued and shall be returnable to the mayor's court of said city at the next regular term thereof; provided, same shall not convene within not less than fifteen days of the issuance of said

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execution, and it shall be the duty of the marshal, or other collecting officer to execute the same as herein provided; if said execution shall be for less than one hundred dollars and shall be levied upon personal property the same shall be advertised and sold in the manner as sales by constables are conducted in this State, said sales to take place before the council chamber door in said city on a regular court day. If said execution shall be for one hundred dollars or more all proceedings thereunder shall be had under the same rules and regulations as govern sheriff's sales in this State; all sales where the executions levied shall be less than one hundred dollars, or more, 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, except that all of said sales shall be conducted and made by the chief of police or marshal of said city. Said executions may be arrested by the filing of illegality thereto or claims to the property levied on may be interposed on the same terms and conditions that illegality claims are filed to executions issuing from the courts of this State, such an illegality or claim may be filed with the execution; if less than one hundred dollars and levied upon personal property it shall be returned to the justice court of the 431st District G. M., of Clay County, Georgia, to be there disposed of as other claims and illegalities in said court. Should said execution be for more than one hundred dollars and levied upon real estate, any claims or illegalities filed thereto shall be returned to the superior court of Clay County, to be there disposed of as other claims and illegalities are tried in said court. The clerk of the superior court shall enter on his general execution docket all executions, including tax executions, which shall be issued by said city, and shall mark them satisfied upon said docket when same shall be paid. That when said executions are issued by said city and entered upon the general execution docket of the superior court of Clay County they shall be equal in dignity and superiority as to their date and recordation as other judgments and executions rendered by the courts of this State. The lien of tax executions in favor of the city of Fort Gaines shall

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have priority over all property of defendants within the corporate limits of said city, over all other executions and judgments except those for State and county taxes; provided, that the liens of all other executions shall only bind and be liens upon the property of defendants within the corporate limits of said city. That all tax executions and sales thereunder shall be issued by the clerk of said city under the test and name of the mayor of said city and shall be issued by said clerk instanter upon the failure of any person, firm or corporation to pay the taxes due said city and shall be enforced as other executions are enforced issued by said city. Executions. Levy and sale. Claims and illegalities. Lien of tax executions. SEC. 48. Be it further enacted, That persons sentenced to labor by said mayor's court shall be turned over to the marshal or chief of police or other officer in charge of the work of the streets and public works, to be put to work on said streets or public works in and around said city. That said mayor and council shall have power and authority to establish and maintain a chaingang for said city and may pass such regulations and rules for its control and management as they may determine by ordinance or otherwise. They may, at their option, have said chaingang managed by the chief of police or marshal or such men or agents as they may determine or think proper by ordinance or otherwise. Labor on streets. Chaingang. SEC. 49. Be it further enacted, That upon complaint being made with the mayor, or in his absence, the mayor pro tem., or disability to act, by affidavit or such other manner as they may require that any person has violated any municipal ordinance or law, said mayor, or mayor pro tem., shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police or the city marshal and signed by said mayor or mayor pro tem. Warrants for arrests. SEC. 50. Be it further enacted, That there shall be kept in the mayor's court one or more dockets upon which shall appear and shall be entered all cases wherein persons are charged with violating the ordinances of said city. That

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when a warrant has been sworn out against any person for violating any ordinances of said city that the same shall be returnable to the mayor of said city. That all violators or offenders against the laws and ordinances of said city shall be tried by a written summons, which shall be signed by the chief of police or the city marshal, and shall set forth the nature of the offense with which the offender is charged. That said summons shall be in writing and shall not be made at all unless demanded in writing by said offender, which summons shall show the name of all witnesses to be sworn against any person charged with such violation. That the mayor of said court shall administer all oaths to witnesses, which oath administered shall be the same as that administered to witnesses in the courts of the State of Georgia. That said mayor shall have the right to issue subpoenas for witnesses and to compel their attendance either for or against the defendant upon said court. That said mayor and council shall have authority to pass any rules or regulations to govern and control the proceedings of said mayor's court not in conflict with the laws of this State. Dockets of mayor's court. Summons. Mayor's powers. SEC. 51. Be it further enacted, That the mayor and four councilmen shall constitute a quorum for the transaction of all business and legislation for said city. Quorum of council. SEC. 52. Be it further enacted, That the mayor and city council shall have the power and authority to regulate the speed of automobiles or other motor-drive vehicles within the limits of said city and they shall have the right to license and tax all garages within said city and automobile repairers. Speed of vehicles. Garages. SEC. 53. Be it further enacted, That said mayor and council shall have power and authority to issue bonds for the purpose of meeting and maturing outstanding bonds of said city and for any purposes of internal improvements whatever under the constitution and laws of Georgia, regulating the issuing of municipal bonds. Bond issues. SEC. 54. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said city except

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where they may come in conflict with this charter but shall preserve and continue the same. SEC. 55. Be it further enacted, That said mayor and council shall have authority and power to grant franchises, easements, rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city and on such terms and conditions as said city shall provide; provided, that no new public franchise, nor any alteration or renewal, in whole or in part, nor extension of any public franchise shall be granted by said mayor and council without publication of the details of the proposed franchise or a proposed alteration or renewal, or extension once a week for four weeks in the public gazette of said city, and the expenses of said publication shall be borne by the applicant before action is taken by the mayor and council; nor shall the same be granted except upon full and adequate compensation to be paid to the city, said compensation to be in the sound discretion of the mayor and councilmen. Franchises and easements. SEC. 56. Be it further enacted, That said mayor and council shall have the power to establish the scale of water and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water and electric lights, into and upon any premises and from time to time to regulate the use of water and electricity in such manner as does seem to them necessary and proper; and shall have the power and authority to have the marshal of said city or such other officer of said city to inspect and enter at all reasonable hours any dwelling or other place where said water or electric lights are 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 the surface pipes, surface closets, stop cocks, or other apparatus connected with said waterworks now owned and operated by said city; 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 mayor's court be fined as prescribed

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for the violation of the ordinances of said city as in this Act set out as may be prescribed by ordinance for the punishment of such offenders. That said mayor and council shall have power and authority to pass such rules and ordinances pertaining to the water and electric light system in said city as they may in their discretion deem proper. Water and light rates, etc. SEC. 57. Be it further enacted, That said mayor and council shall have power and authority to prevent tramps, street walkers, vagrants, loiterers, idle persons, and lewd females from walking the streets of said city or the sidewalks thereof and punish them in their discretion by any punishment authorized by this Act. And whenever it shall appear to the mayor of said city by evidence to excite the suspicion of a reasonable and prudent man, that any room, building, or cellar in said city is being used as a house of ill fame, as a residence of lewd women, or as a place where gambling or other immoral and illegal and disorderly practices are carried on said mayor may order the chief of police of said city or any police officer to enter said building, house, room or cellar by force, if necessary, and arrest the occupants thereof and bring them before the said mayor to be dealt with according to law. Idlers, vagrants, lewd females, etc. Gaming and lewd houses. SEC. 58. Be it further enacted, That the Acts of the General Assembly of Georgia, to-wit.: To incorporate the town of Fort Gaines in Clay County; to define the limits of the same and for other purposes; and to repeal all previous Acts incorporating the same and amendatory thereof; approved the 25th day of September 1883; and the Acts approved August 13, 1910, and December 20, 1899, and August 27, 1907; except such part or parts thereof as may be in conflict with this Act, be, and they are, continued in operation, confirmed and consolidated with, and made a part of this Act. Acts of 1883, 1899, 1907 and 1910 amended. SEC. 59. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914.

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FORT GAINES, CITY OF, REGISTRATION LAW REPEALED. No. 284. An Act to repeal an Act to provide for the registration of the qualified voters of the city of Fort Gaines, Georgia, so as to entitle such voters to vote in all municipal elections held in said city of Fort Gaines; to prescribe the qualification of such voters, the manner of registering, the manner of purging the registration lists, 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 to provide for the registration of the qualified voters of the city of Fort Gaines, Georgia, so as to entitle such voters to vote in all municipal elections held in said city of Fort Gaines; to prescribe the qualification of such voters, the manner of registering, the manner of purging the voters' lists, and for other purposes, approved the 5th day of August, 1910, be, and the same is, hereby repealed. Act of 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 July 18, 1914. FORT VALLEY, CITY OF, ELIGIBILITY OF MAYOR AND ALDERMEN. No. 394. An Act to amend an Act entitled, An Act to amend, revise and consolidate the several Acts granting corporate

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authority to the town of Fort Valley; to confer additional powers upon the mayor and city council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city and for other purposes, by providing that one of the qualifications for eligibility to the offices of mayor and alderman of the city of Fort Valley shall be that each shall be a freeholder owning real estate within the corporate limits of Fort Valley. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 12, of the amended charter of the city of Fort Valley, as amended by the Act approved August 22, 1907, be amended by adding in the third line of said section the following words: A freeholder owning real estate within the corporate limits of the city of Fort Valley, and by adding, in the seventh line of said section, the following words: And a freeholder owning real estate within the corporate limits of the city of Fort Valley, so that when so amended said section shall read as follows: Section 12. Be it further enacted, That no person shall be eligible to the office of mayor of the city of Fort Valley unless he be of the age of twenty-five years, a freeholder owning real estate within the corporate limits of the city of Fort Valley, a citizen of the United States of America, and shall have resided in said city one year immediately preceding his election; and no person shall be eligible to the office of alderman unless he shall have been of the age of twenty-one years and a freeholder owning real estate within the corporate limits of the city of Fort Valley and shall have resided in the city one year immediately preceding his election, and shall have the other qualifications in the case of the mayor, and shall have paid all taxes due and demanded by said city. Act of 1907 amended. To be read as amended. Mayor and aldermen must be freeholders, etc.

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SEC. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. FORT VALLEY, CITY OF, RECORDER'S COURT. No. 392. An Act to establish a municipal court in and for the city of Fort Valley, Georgia; said court to be known as the recorder's court of Fort Valley; the judge of said court to be known as the recorder; to provide the jurisdiction of said court; in what manner said recorder shall be chosen, the amount of his salary and how it shall be paid; the qualifications and term of office of said recorder and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same That there shall be a municipal court established for the city of Fort Valley, Georgia, known as the recorder's court, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by the ordinances; punish witness for non-attendance, and also punish any person who shall counsel or advise, aid, encourage or intimidate a witness whose testimony is material or desired before said court, to absent himself, or go away or remove beyond the reach of the processes of the court. Said court shall have full jurisdiction throughout the entire county of Houston and full power and authority for the purpose of compelling the attendance before said court, residing anywhere

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in said county of Houston. Said court shall be presided over by the recorder, or in his absence or disability or disqualification, by the mayor or mayor pro tem., and said court shall be held at such times and as often as may be necessary to try all offenders against the city ordinances, the time of holding said court to be fixed by the presiding officer. Recorder's court created; its jurisdiction, powers, etc. SEC. 2. Be it further enacted, That the mayor and board of aldermen may elect a city recorder, who shall be at least 25 years of age and who shall have resided for one year next preceding his election in the city of Fort Valley, and who shall be a qualified voter therein; who shall be a freeholder owning real estate within the corporate limits of the city of Fort Valley; 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 mayor and board of aldermen. The recorder may be removed from office by the mayor and board of aldermen after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of a majority of said mayor and board of aldermen shall be necessary for such conviction and removal. That said 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. Compensation of said recorder is to be fixed by the mayor and city council of Fort Valley in the same manner as salaries of the mayor and aldermen are now fixed. In no event shall the joint salaries of the mayor and city recorder exceed the sum of five hundred dollars. The said recorder shall be elected for a term of two years. Recorder elected by mayor and aldermen. Eligibility. Oath. Removal from office. Rights and powers. Compensation.

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SEC. 3. Be it further enacted, That the recorder or mayor pro tem. of said city shall have power to impose fines for the violation of any law or ordinance of the city of Fort Valley to an amount not exceeding two hundred dollars, or to imprison offenders in the city barracks for a period of not more than thirty days or to labor on the public works or streets in the city chaingang for not more than ninety days; either one or all of said sentences may be imposed in the discretion of the presiding officer. He shall also have the same power as judges of the superior courts of this State to punish for contempts by a fine not to exceed fifty dollars or imprisonment in the city barracks not to exceed fifteen days. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city and to try and commit the offenders to the jail of Houston County or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Powers. SEC. 4. Be it further enacted, That the chief of police or some member of the police force designated by him, shall attend the sessions of said court and Act as clerk thereof in addition to his other duties; who shall sign and issue all processes, summonses, subpoenas, attachments, and all other processes issuing out of said court, all of which shall bear test in the name of the mayor. The ministerial officers of said court shall be the chief of police and the entire police force of said city, any of whom with the exception of the member designated to Act as clerk, may execute and return the mandates of said court, and to whom, in the alternative, all mesne and final process shall be directed. The chief of police or some member of the police force designated by him, shall attend all sessions of said court for the purpose of executing the necessary orders thereof and enforcing order therein. Clerk of the court. Other officers.

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SEC. 5. Be it further enacted, That in the absence, sickness or disqualification of the mayor and of the recorder, the mayor pro tem. of said city shall be clothed with all the powers of mayor and shall hold the recorder's court. Mayor pro tem. may hold court. SEC. 6. Be it further enacted, That the mayor and board of aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Ordinances. SEC. 7. Be it further enacted, That there shall be no appeal from the judgments or decisions of said recorder's court except by writ of certiorari to the superior court of said county. That whenever any person convicted in said court, or his attorney, shall give notice that he intends to apply for a writ of certiorari it shall be the duty of the mayor or recorder or other officer presiding over said court to suspend said sentence until said certiorari shall have been heard and determined by said superior court, and in case of appeal from the decision of the superior court to the Supreme Court or the Court of Appeals, until there is a final determination of said case, in the said court of last resort. But no person convicted in said 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. No appeal. Certiorari. Bond for appearance. SEC. 8. 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 12, 1914.

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GAINESVILLE, CITY OF, COMMISSION GOVERNMENT. No. 423. An Act to amend the charter of Gainesville under the Act approved February 28th, 1877, and the various Acts amendatory thereof, so as to establish a commission form of 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 from and after the passage of this Act, the inhabitants of the city of Gainesville shall continue to exist as a municipal corporation and body politic, as chartered under the Act approved February 28, 1877, and the various Acts amendatory thereof as for as the corporate existence and identity, the territorial limits and the jurisdiction of said corporation are concerned; and all the corporate rights, powers and privileges heretofore conferred, and all property and property rights now held, owned, or possessed by said corporation, and all duties, obligations and liabilities imposed by law are hereby preserved into and against said corporation, except as altered and amended by this Act; provided, however, that the name and style of said corporation shall be changed from the mayor and council of the city of Gainesville to City of Gainesville. All resolutions and ordinances thereof now of force not conflicting herewith shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said city, and all powers and authority that at this time are vested in the said city council of Gainesville, the mayor of Gainesville, or any board, commission, arganization, department, or body of any kind that is authorized or empowered to exercise, to do or perform any rights or authority of municipal government in or connected with the city of Gainesville, be and the same are hereby vested in the managers hereinafter provided for unless hereinafter

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specifically vested in some other officer, and the offices of mayor, city council, alderman, councilman, and the boards, commissions, organizations, departments, and other bodies, and all offices created by them shall be and are hereby abolished on the date this Act becomes operative; provided, however, that the school board shall remain as at present organized, and nothing in this Act shall be construed to alter or amend their duties and powers; provided, however, that the city managers hereinafter provided for shall have control of the streets and alleys of said city and the cleaning of the same, and the employment of labor for that purpose subject to the civil service rules hereinafter provided; except the city managers herein provided for shall have the power of filling vacancies in said boards that is now vested in the mayor and council; and provided, further, that all officers and members of any boards shall continue to perform their duties until provision shall have been made by said managers for performance of such duties. Act of 1877 and amendatory Acts preserved, except as altered hereby. Name changed to city of Gainesville. Powers vested in managers. School board remains. Powers of city managers. SEC. 2. That the corporate powers of the city of Gainsville shall be exercised as hereinafter provided by a board of city managers, and such other officers and agents as are hereinafter provided for and subject to such limitation as may be hereinafter imposed. Said board of city managers shall consist of five citizens of Gainesville who shall be elected in the manner and whose qualifications shall be as hereinafter provided. This board of city managers shall constitute the governing body of said city with powers, as hereinafter provided, to pass ordinances, adopt regulations, and appoint a chief administrative officer to be known as the city superintendent, and exercise all powers and authority now vested in the mayor and city council not herein expressly delegated to some other officer. Board of city managers to be elected. Powers. SEC. 3. All city managers shall serve for a term of four years and until their successors are elected and have qualified; except at the first election there shall be two city managers elected for two years and three city managers for four years, and each candidate shall designate for which term he offers. Vacancies in the board of city

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managers shall be filled as they were filled in the city council of Gainesville at the time of the adoption of this charter. Term of office. Vacancies. SEC. 4. Members of the board of city managers shall have been residents of the city for not less than two years and shall be at least thirty years of age, and shall be registered electors therein. City managers and other officers and employees shall not hold any other public office or employment under the city of Gainesville, or county of Hall, and shall not be interested, directly or indirectly in the profits or emoluments of any contract, job, work or service for the municipality. Any city manager who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office and any such contract in which any city manager is or may become interested, directly or indirectly, may be declared void by the city managers. No city manager or other officer or employee of said city shall accept any frank, free ticket, pass, or service, directly or indirectly, from any person, firm or corporation, upon terms more favorable than are granted to the public generally, except in such case where a city manager, officer or employee by reason of official connection with such corporation or firm, may have a right to such frank, pass, or service which is permitted by the Georgia Railroad Commission. Any violation of the provisions of this section shall be a misdemeanor and upon conviction such violation shall be punished as provided in Section 1065, of the Penal Code of Georgia for 1910. Such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges, when the same is provided by ordinance. Eligibility. Limitations. SEC. 5. The city managers shall elect from their number a presiding officer or chairman who shall be termed the mayor, and he shall hold such office for a term of two years. The mayor shall be the presiding officer, except that in his absence a mayor pro tempore may be chosen. The mayor shall exercise such powers conferred and perform all duties imposed upon him by this charter, the ordinances of the city and the laws of the State. He shall be recognized as

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the official head of the city by courts for the purpose of serving civil processes, by the Governor for the purposes of the military law, and for all ceremonial purposes. The presiding officer shall have the right to vote upon all questions before the body. Mayor. Mayor pro tem. Mayor's powers. SEC. 6. The pay of each city manager shall be the sum of $5.00 for each meeting of the board of city managers attended by him; provided, however, that no city manager shall receive from the city a sum greater than $250.00 per year, and no city manager shall receive any other compensation from the city. The absence from three consecutive regular meetings of said board of city managers shall operate to vacate the seat of the member unless such absence be first authorized by the city managers or thereafter excused for providential cause. Pay of managers. Absence from meetings. SEC. 7. At 10 o'clock a. m. on the first Monday in January, 1915, and thereafter on the first Monday in January of each year, following a regular municipal election, or as soon thereafter as practicable, the city managers shall meet at the usual place for holding the meetings of the legislative body of the city, at which time the newly elected managers shall assume the duties of their office. Thereafter the managers shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once a month. The mayor, or the mayor pro tem., in the absence of the mayor or of any two members of the board of city managers may call a special meeting of the managers upon at least twelve hours written notice to each member served personally, or left at his usual place of residence or place of business. All meetings of the managers shall be public, but upon two-third vote the managers may go into executive session for purpose of considering and discussing pending question; and any citizen shall have access to the minutes and records of all meetings at all reasonable times. The board of city managers shall determine its own rules and order of business and shall keep a journal of its proceedings. Meetings.

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SEC. 8. The board of city managers shall be the judges of the election and qualifications of its members. A majority of all members elected shall constitute of quorum to do business. The affirmative vote of a majority of the members elected to the board of city managers shall be necessary to adopt any ordinance or resolution. The vote upon the passage or adoption of all ordinances or resolutions shall be taken by yea and nay and entered upon the journal. Every ordinance or resolution passed by the city managers shall be signed by the mayor or presiding officer, or two members, and be filed with the clerk within two days and by him recorded. Quorum. Ordinances or resolutions. SEC. 9. Each proposed ordinance or resolution shall be introduced in written or printed form, and shall not cantain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacted clause of all ordinances passed by the city managers shall be: Be it ordained by the managers of the city of Gainesville. No ordinance, unless it be declared an emergency measure, shall be passed on the day on which it shall have been introduced, unless so ordered by an affirmative vote of not less than four members of the board of city managers. No ordinance, or resolution or section thereof shall be revised, repealed, or amended unless the new ordinance or resolution distinctly describe the entire ordinance or resolution or section revised, repealed, or amended; and the original ordinance resolution. section, or sections, so amended shall be repealed. SEC. 10. All ordinances and resolutions shall be in effect from and after thirty days from the date of passage by the city managers, except as otherwise provided in this charter. The managers may, by an affirmative vote of not less than four members, pass an emergency measure to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a municipal department, in

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which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money may be passed as emergency measures, but no measure making a grant, renewal, or extension of a franchise or other special privilege or regulating the rate to be charged for its service by any public utility, shall ever be passed as an emergency measure. SEC. 11. The board of city managers shall choose a clerk and such other officers and employees as may be necessary for the transaction of the business of that body in its legislative capacity. The clerk shall be known as the clerk of the managers and shall keep records and perform such other duties as may be required by this charter of the managers. Clerk and other officers. SEC. 12. The city managers shall cause a continuous audit to be made of the books of account, records and transactions of the administrative department of the city. Such audit, during each fiscal year shall be made by one or more certified public accountants who hold a certificate issued by the State Board of Accountancy of Georgia, or by a State maintaining an equal standard of professional requirements which entitles the holder of such certificate to a Georgia certificate. The duties of the auditor and auditors, so appointed shall include the certifications of all statements required under this charter. Such statements shall include a general balance sheet, exhibiting the the assets and liabilities of the city supported by departmental schedules, and schedules for each utility publicly owned or operated; summaries of income and expenditures supported by detailed schedules; and also comparison in proper classifications with the last previous year. The report of such audit for each previous year shall be printed and a copy thereof furnished to the newspapers of the city of Gainesville, to each of the city managers and to any citizen who may apply therefor; and a condensed summary thereof shall be published in the manner provided by the managers. Audit of books and records. SEC. 13. Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the mayor or

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presiding officer, or two of the managers and the clerk of the managers. Record of ordinances, etc. SEC. 14. The board of city managers, or any committee thereof duly authorized by them so to do, may investigate the financial transaction of any officer, or department of the city government and the official acts and conduct of any city official, and by similar investigation may secure information upon any matter. In conducting such investigations the city managers or any committee thereof, may compel the attendance of witnesses and the production of books, papers, and other evidence and for that purpose may issue subpoenas or attachments which shall be signed by the presiding officer of the city managers, or the chairman of such committee, as the case may be, which may be served and executed by an officer authorized by law to serve subpoenas and other process. If any witness shall refuse to testify to any facts within his knowledge or produce papers or books in his possession, or under his control, relating to the matters under inquiry, before the city managers or any such committee, the city managers shall have the power to cause the witness to be punished for contempt, and in order to enforce this provision the city managers may have the power to impose a fine not exceeding $100.00 and imprisonment in the city prison or county jail not to exceed ten days, either or both. No witness shall be excused from testifying touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry. Investigations. SEC. 15. The city managers shall appoint a city superintendent who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. He shall be appointed for a term of two years, provided he may be removed at any time at the will of the city managers. City superintendent. SEC. 16. The powers and duties of the city superintendent shall be: (a) To see that the laws and ordinances

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are enforced. (b) To appoint and remove all officers and employees in the departments in both the classified and unclassified service except as otherwise provided by this charter; all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this charter. (c) To exercise over all departments and divisions created herein or that may be hereafter created by the city managers. (d) To attend all meetings of the city managers with the right to take part in the discussion but having no vote; (e) To recommend to the city managers for adoption such measures as he may deem necessary or expedient; (f) To keep the city managers fully advised as to the financial condition and needs of the city; and (g) To perform such other duties as may be prescribed by this charter or be required of him by ordinance or resolution of the city managers. His powers and duties. SEC. 17. No city superintendent shall receive as salary a sum not less than $1,500.00 per annum, payable in monthly installments. Salary. SEC. 18. The city superintendent may without notice cause the affairs of any department or the conduct of any officer or employee to be examined. Any person or persons appointed by the city superintendent to examine the affairs of any department or the conduct of any officer or employee may issue subpoenas to witnesses and notices for the production of books and papers, and any person disobeying any such subpoena or notice or refusing to testify shall be punished for contempt by the city manager in the manner herein before provided. Examination of departments. SEC. 19. The city managers upon conferring with the city superintendent shall establish by ordinance such departments and create such offices, as they deem necessary to the proper government and administration of the city, and they may likewise by ordinance discontinue any department and determine, combine and distribute the functions and duties of departments, and sub-divisions thereof, and likewise

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they may fix or alter the salaries to be paid the chief of such departments and the employees therein. But nothing in this section shall be construed to vary or modify the provisions hereinafter referring to the civil service of said city. Departments and offices. SEC. 20. The city shall elect a director or chief of each department created by the city managers and all other officers of corresponding importance, such as city attorney and recorder, and such directors shall conduct the affairs of his department in accordance with the rules and regulations made by the city superintendent and approved by the city managers. The duties of the recorder and city attorney shall be prescribed by the city managers where not otherwise prescribed by law. Such director or chief shall be responsible for the conduct of officers and employees of his department, for the performance of its business, and for the custody and preservation of the books, records, papers, and property under its control. Subject to the supervision and control of the city superintendent in all matters, the direction of each department shall manage the department. Chief or director of each department. SEC. 21. The city managers may appoint a city plan board and upon the request of the city superintendent shall appoint advisory boards. The members of such boards shall serve without compensation and their duty shall be to consult and advise the various departments. The duties and powers thus created shall be prescribed by ordinance. City plan board, and advisory boards. SEC. 22. The city managers shall appoint three registered electors of the city as a civil service board, one to serve for two years, and one for four years, and one for six years, to take office January 1st 1915, or as soon thereafter as appointed and qualified. Thereafter members of the civil service board shall be appointed to serve for six years and until their successors have been appointed and have qualified. Members of the civil service board shall not hold any elective office or other office under the city of Gainesville or county of Hall. The city managers shall have power to remove any member of the board upon stating in writing

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the reason for removal and allowing him an opportunity to be heard in his own defense. Any vacancy shall be filled by the city managers for the unexpired term. Civil service board. SEC. 23. Immediately after appointment, the civil service board shall organize by electing one of its members chairman. The board shall appoint from their number a chief examiner who shall also act as secretary. The board may appoint such other subordinates as may by the city managers be provided for. Chief examiner. SEC. 24. The civil service of the city is hereby divided into the unclassified and classified service: (1) The unclassified service shall include: Unclassified service. A. All officers elected by the people. B. The city superintendent. C. The heads of departments and heads of divisions of departments and members of appointive boards, provided any such officers be created by the city managers. D. The deputies and secretaries of the city superintendent and one assistant deputy and one secretary for each department, and the clerk of the managers; provided, such officers be created by the city managers. (2) The classified service shall comprise all positions not specifically included in this charter in the unclassified service. There shall be in the classified service two classes to be known as the competitive class, and non-competitive class. Classified service. A. The competitive class shall include all positions and employments for which it is practicable to determine the merit and fitness of applicants by competitive examination. B. The non-competitive class shall consist of all positions requiring peculiar exceptional qualifications of a managerial, scientific, professional, or educational character as may be determined by the rules of the civil service board. SEC. 25. The civil service board, subject to the approval of the city managers, shall adopt, amend and enforce a code

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of rules and regulations, providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry, which shall have the force and effect of law; shall make investigations concerning the enforcement and effect of this charter and of the rules adopted. It shall make an annual report to the city managers. Rules for appointments. SEC. 26. The chief examiner shall be the employment officer of all city employees coming under the classified service. He shall provide examinations in accordance with regulations of the board and maintain lists of eligibles of each class of service of those meeting the requirements of said regulations. Positions in the classified service shall be filled by him from such eligible lists upon requisitions from and after consultation with the city superintendent under rules and regulations to be prescribed by the board. As positions are filled the employment officer shall certify the fact in proper and prescribed form, to the city treasurer or such officer as the city managers may designate, and the direction of the department in which the vacancy exists. Examinations for positions. SEC. 27. The civil service board shall provide for promotion all positions in the classified service, based on records of merit, efficiency, conduct and seniority. Promotions. SEC. 28. An appointment or promotion shall not be deemed complete until a period of probation not to exceed six months has lapsed, and a probationer may be discharged or reduced at any time within the said period of six months upon the recommendation of the head of the department in which said probationer is employed, with the approvel of the majority of the board. Probation. SEC. 29. An employee shall not be discharged or reduced in rank or compensation until he has been presented with reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in his own defense. The reason for such discharge or reduction and any reply in writing thereto by such employee shall be filed with the board. Discharges or reductions.

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SEC. 30. Any employee of any department in the city in the classified service who is suspended, reduced in rank, or dismissed from a department by the director of that department or the city superintendent may appeal from the decision of such officer to the civil service board, and such board shall define the manner, time, and place by which such appeal shall be heard. The judgment of such board shall be final. Appeals. SEC. 31. All persons in the employ of the city holding positions in the classified service, as established by this charter, at the time it takes effect, shall, unless their positions be abolished, retain same until discharged, reduced, promoted, or transferred in accordance herewith. Positions retained. SEC. 32. The treasurer or other public disbursing officer shall not pay any salary or compensation for service to any person holding a position in the classified service unless the pay roll or account for such salary or compensation shall bear the certificate of the civil service board, by its secretary, that the person named therein have been appointed or employed and are performing service in accordance with the provisions of this charter and of the rules established thereunder. Salaries, payment of. SEC. 33. In an investigation conducted by the civil service board, it shall have the power to subpoena and require the attendance of witnesses and the production of books and papers appertaining to the investigation and to administer oaths to such witnesses. Evidence on investigations. SEC. 34. No person in the classified service or seeking admission thereto shall be appointed, reduced or removed, in any way favored or discriminated against because of political opinions or affiliations or religious belief. No officer or employee of the city shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or political purposes whatever. No person holding position in the classified service shall take any part in political management or affairs or in political campaigns

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further than to cast his vote or express privately his opinion. Discriminations forbidden. No political activity. SEC. 35. The civil service board, subject to the approval of the city managers shall by ordinance, determine the penalties for the violation of the civil service prvisions of this charter. Penalties. SEC. 36. The salaries of the civil service board and its employees shall be determined by the city managers and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this charter, but in no event shall a member of said civil service board, except the chief examiner receive a sum greater than $300.00 per annum. Salaries of civil service board, etc. SEC. 37. The city of Gainesville may acquire, construct, own, lease, operate and regulate public utilities in any manner not in conflict with the general laws of this State; and the city managers may by proper ordinance carry out the provisions of this section. Public utilities. SEC. 38. The city managers may at any of their regular monthly meetings by ordinance grant permission to any individual, company or corporation to construct and operate a public utility in over or under the streets and public grounds of the city, but not until the individual, company or corporation seeking said franchise has given notice by publication once a week for three weeks in the newspaper in which the sheriff's advertisements of Hall County are published, of the purpose to apply for said franchise, the full nature of the franchise, the term for which it is to run, the capital to be employed in the enterprise and the consideration offered the city in payment for the franchise and the date of the meeting of the city managers at which such application is to be made and before any ordinance is passed granting such franchise there shall be given ample opportunity to any citizen desiring to be heard, either for or against the franchise, to prevent his views to the city managers, either orally or in writing. No franchise shall be considered an emergency measure, nor shall any franchise be granted for a period greated than fifty years. Franchises.

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SEC. 39. The city managers may, by ordinance, renew any grant for the construction or operation of any utility, at its expiration subject to the provisions in the preceding section. Renewals. SEC. 40. No franchise shall be renewed before one year prior to its expiration. SEC. 41. The city managers shall in any ordinance granting or renewing any franchise to construct and operate a public utility, prescribe the kind and quality of service or product to be furnished, the rate or rates to be charged therefor, the manner in which the streets and public grounds shall be used and occupied, and any other terms and conditions conducive to the public interest, which are not in conflict with the general laws of the State of Georgia. Restrictions by ordinance. SEC. 42. All such grants and renewals thereof shall reserve to the the city the right to terminate the same and to purchase all the property of the utility in the streets and highways in the city and elsewhere, as may be provided in the ordinance making the grant or renewal, used in or useful for the operation of the utility; at a price either fixed by the ordinance making the grant, or if no such price be fixed, thereafter to be fixed by arbitration. Nothing in such grant shall prevent the city from acquiring the property of any such utility by condemnation proceedings or in any other lawful mode; but all such methods shall be alternative to the power to purchase, reserved in the grant or renewal, herein before provided. Upon the acquisition by the city of the property of any utility, by purchase, condemnation, or otherwise, all grants or renewals shall at once terminate. Reservation of right to terminate. Acquirement by city. SEC. 43. No ordinance making such grant or renewal shall be valid unless it shall expressly provide therein that the price to be paid by the city for the property that may be acquired by it from such utility, by purchase, condemnation or otherwise, shall exclude all value of such grant or renewal. SEC. 44. The city managers may, by ordinance, grant to any individual, company, or corporation operating a

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public utility, the right to extend the appliances and service of such utility, subject to the provisions of Section 38, of this charter. All such extensions shall become a part of the aggregate property of the utility, and shall be subject to all the obligations and reserved rights in favor of the city applicable to the property of the utility by virtue of the ordinance providing for its construction and operation. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made or any renewal thereof; but nothing herein contained shall operate to confer upon any utility company rights by extension that a new company could not obtain by original franchise. Extensions. SEC. 45. No consent of the owner of property abutting on any highway or public grounds shall be required for the construction, extension, maintenance or operation of any public utility or original grant or renewals, unless such public utility is of such a character that its construction or operation is an additional burden upon the rights of the property owners in such highway or public grounds. Consent of owner of property. SEC. 46. The city managers shall at all times control the distribution of space, in, over, under, or across all streets or public grounds occupied by public utility fixtures. All rights granted for the construction and operation of public utilities shall be subject to the continuing right of the city managers to require such construction, relocation, change or discontinuance of the appliances used by the utility in the streets, alleys, avenues, and highways of the city, as shall in the opinion of the city managers be necessary to the public interest. Control of use of streets, etc. SEC. 47. The city managers shall have the power to levy and collect taxes upon property of every nature whatsoever in said city, and shall have all of the powers of taxation conferred upon the mayor and council of the city of Gainesville under former Acts incorporating said city and the city managers shall provide a method of assessing property, both real and personal, and for equalizing assessments,

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and shall also have authority to levy and collect in addition to the ad valorem tax on property, occupation taxes on all callings and business of every nature that may be carried on in said city, either by residents or non-residents; provided, that no tax upon property, shall exceed a tax of one per cent on the value of all property and such a percentage in addition thereto as shall be necessary to maintain the school system of the city, but in no event shall the tax upon the property so levied exceed one and one-half per cent. Taxing powers. SEC. 48. The fiscal year of the city shall begin on the first day of January, on or before the first day of November of each year the city superintendent shall submit to the city managers an estimate of the expenditures and revenues of the city departments for the ensuing year. This estimate shall be compiled from the detailed information obtained from the several departments on uniform blanks to be furnished by the city superintendent. The classification of the estimate of expenditures shall be as nearly uniform as possible for the main functional divisions of all departments and shall give in parallel columns the following information: Fiscal year. Estimates and information. (a) A detailed estimate of the expense of conducting each department as submitted by the department. (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, including adjustments due to transfers between appropriations plus an estimate of expenditure necessary to complete the current fiscal year. (d) Amount of supplies and material on hand at the date of preparation of the invoice. (e) Increase or decrease of requests compared with the corresponding appropriations for the current year. (f) Such other information as is required by the city managers or that the city superintendent may deem advisable to submit.

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(g) The recommendation of the city superintendent as to the amounts to be appropriated with reasons therefor in such detail as the city managers may direct sufficient copies of such estimate shall be prepared and submitted that there may be copies on file in the office of the city managers for inspection by the public. SEC. 49. Upon receipt of such estimate the city managers shall prepare an appropriation ordinance in such form as may be prescribed by ordinance or resolution. Before finally acting upon such tenative appropriation the city managers shall fix a time and place for holding public hearings upon the tenative appropriations and shall give public notice of such hearings. Following the public hearing and before its final passage the appropriation ordinance shall be published with a parallel comparison with the recommendation of the city superintendent. The city managers shall not pass the appropriation ordinance until ten days after its publication, nor before the second Monday in January. Appropriation ordinance. SEC. 50. If, at the beginning of the term of office of the first board of city managers elected under the provisions of this charter the appropriations for expenditures of the city government for the current fiscal year have been made, said city managers shall have power by ordinance to revise, to repeal, or change said appropriation and to make additional appropriations. Change of appropriations. SEC. 51. Upon request of the city superintendent the city managers may transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year has proved insufficient, or may authorize a transfer to be made between items appropriated to the same office or department, so far as may be lawfully done under the general laws of the State. Transfer of appropriations. SEC. 52. At the close of each fiscal year the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated and shall be subject to the future appropriation. Reverter.

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Any accruing revenue of the city, not appropriated as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriations shall have been satisfied or abandoned, may from time to time be appropriated by the city managers to such uses as will not conflict with any uses for which specifically such revenues accrued. No money shall be drawn from the treasury of the city, nor shall any obligation for the expenditure of money be incurred, except pursuant to the appropriations made by the city managers. SEC. 53. The city managers shall fix by ordinance the salary or compensation, and the terms of office, of the heads of the departments, and its own employees, the salary or compensation of the members of the division of police and fire, and of members of boards in the unclassified service of the city, except as otherwise provided by this charter. The city superintendent shall fix the number and salaries or compensations of all other officers and employees. The salaries or compensation so fixed shall be uniform for like service in each grade of the service as the same shall be graded or classified by the city superintendent in accordance with the rules and regulations adopted by the civil service board. All such salaries and rates of pay shall be reported to the city employment officer, or such officer as shall be designated by the city managers, forthwith. All fees and moneys received or collected by officers and employees shall be paid into the city treasury. Salaries of heads of departments, and of employees. SEC. 54. The city managers and city superintendent in fixing the salary of any officer, clerk, or employee shall determine whether such officer, clerk or employee shall give a bond and the amount thereof which bond shall be procured from a regularly accredited surety company authorized to do business under the laws of Georgia. Premiums on such bonds shall be paid by the city. Bonded officers. SEC. 55. All persons holding office at the time this charter goes into effect shall continue in the performance

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of their duties until provision shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office. When such provision shall have been made the term of any such officer shall expire. Tenure of office. The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the city under the laws of this state, or former charter of the city, shall if such officer, board, commission or department is abolished by this charter be, thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this charter; provided, further that John B. Rudolph, the present mayor, shall continue in office as mayor for the year 1915, at the same salary as now received by him in this capacity, and provided further that John A. Pierce, H. H. Griggs, and Dr. W. A. Palmer shall continue in office as city managers under the new charter for the year 1915, or until their present term expires, leaving only two city managers to be elected during the year 1914, at the first election under the provisions of this charter; the city superintendent to be elected by the city managers at the time specified in this charter. Duties of abolished office. Present mayor and three managers hold. SEC. 56. Every officer of the city shall before entering upon the duties of his office, take and subscribe an oath or affirmation, to be filed and kept in the office of the city managers, that he will in all respects faithfully discharge the duties of his office. Oath of office. SEC. 57. All contracts entered into by the city or for its benefit prior to the taking effect of this charter shall continue in force and effect. All public work begun prior to the taking effect of this charter shall be continued and perfected hereunder. Public improvements for which legislative steps shall have been taken under the laws in force at the time this charter takes effect may be carried to completion in accordance with the provisions of such laws. Contracts and public work.

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SEC. 58. The city purchasing agent, who shall be the city superintendent, unless otherwise provided by ordinance by the city managers, shall, in the manner provided by ordinance, purchase all supplies for the city, sell all personal property of the city not needed or unsuitable for the public use or that may have been condemned as useless by the director of a department. He shall have charge of such store rooms and store houses of the city as may be provided by ordinance, in which shall be stored all supplies and materials purchased by the city, and not delivered directly to the various departments, and he shall inspect all supplies delivered to determine quality and quantity and conformance with specifications, and no voucher shall be honored unless the accompanying invoice shall be enclosed as approved by the city purchasing agent. Real estate of the city shall not be sold or otherwise disposed of except by the city managers, or some one expressly authorized by them in each instance. Purchasing agent, and his duties. SEC. 59. The city purchasing agent may require from the director of each department at such times as contracts for supplies are to be let a requisition for the quantity and kind of supplies to be paid for from the appropriations of the department. Upon certification that funds are available in the proper appropriations, such goods shall be purchased and shall be paid for from funds in the proper department for that purpose. However, this procedure shall not prejudice the city purchasing agent from purchasing goods for cash to the credit of the stores account, to be furnished several departments on requisition to be paid for by the department furnished therewith by warrant made payable to the credit of the stores account. The city purchasing agent shall not furnish any supplies to or purchase any supplies for any department unless there be to the credit of such department an available appropriation balance in excess of all unpaid obligations sufficient to pay for such supplies, except by the authority of the city managers. Before making any purchase or sale, the city purchasing agent shall give opportunity for competition,

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all proposals to be upon precise specifications, and under such rules and regulations as the city managers shall establish. Each order of purchase or sale to be approved and countersigned by the city superintendent, or his deputy, except he shall have authority to purchase supplies and provide for repairs, the amount of which shall not exceed $100 without competitive bids. Requisition for supplies. No supplies without balance of appropriation. Competitive proposals. SEC. 60. No contract, agreement, or other obligations involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the city managers, or be authorized by any officer of the city unless the head of the department of finance, or such officer as the city managers may designate, first certify to the city managers, or to the proper officer, as the case may be, that money required for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement, or obligation. Contracts and expenditures. SEC. 61. All moneys actually in the treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation, from taxes or assessment, or from sales or services, products, or by-products, or from any city under taking, fees, charges, accounts, bills receivable or other credits in the process of collection; and all moneys applicable to the payment of such obligations, or appropriations, which are to be paid into the treasury prior to the maturity thereof, arising from he sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall, for the purposes of such certification, be deemed in the treasury to

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the credit of the appropriate fund and subject to such certification. Moneys in treasury. SEC. 62. All public advertising or publication necessary under the provisions of this charter shall be in a daily newspaper of general circulation within the city, and shall be done by contract, or in a journal published by the city, as may be determined by ordinance. If such contract shall be with a newspaper it shall be entered into only after opportunity has been given to competition under such rules and regulations as the city managers may establish and for a term of not longer than one year. Public advertising. SEC. 63. No contract involving an expenditure in excess of one hundred ($100.00) dollars shall be awarded except upon approval of the city managers. Contracts, regulations as to. SEC. 64. In no instance shall contracts be let, either as a whole or in aggregate, if bids for parts of the work are taken which exceed the estimate for the improvement contemplated. SEC. 65. All contracts, agreements, or other obligations entered into and all ordinances passed, resolutions and orders adopted contrary to the provisions of the preceding section, shall be void. SEC. 66. No person shall be allowed to vote in any election in said city unless he is registered as a voter, in accordance with the provisions hereinafter set forth. Voters must register. SEC. 67. The city managers shall have full power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for same, not in conflict with this charter or the general law, and to constitute and appoint the tax collector of Hall County to the office of registrar of said city. His compensation as such registrar shall be fixed by the board of city managers, and when he is appointed said city managers shall require him to perform the duties of said office. The registrar of said city shall

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keep a book known as the permanent registration book of electors of said city, and the electors of said city shall sign the said book under an oath contained therein, which shall be in the following words, to-wit.: I do swear that I am a legally registered voter of Hall County upon the permanent qualifications book of the county, and I do further swear that I have resided within the corporate limits of the city of Gainesville for thirty days preceding the taking of this oath, and that I have paid all taxes, State, county and municipal, that have been required of me, and that I have had an opportunity of paying since the adoption of the present constitution of this State. The registrar of said city shall immediately upon his appointment by said city managers, or as soon thereafter as practical, procure the book for registration above provided for and open the same and keep the same open at all hours when the tax collector's office is open, to enable the electors of said city to register therein, and no person registering there shall be required to register again as a qualified elector of said city, so long as such person remains a resident of said city, and each elector so registering shall be entitled to vote in all city elections held thereafter; provided, he has paid all taxes lawfully due by him at that time. The purpose of this provision of this Act being to provide a permanent system of registration for said city. Voter's oath. Registrar. SEC. 68. Whenever an election is required to be held by virtue of this Act, or under the laws of the State in said city, it shall be the duty of the city registrar or person having the custody of the permanent registration books, ten days before the time of such election to make from said book a list of voters for such election, and in making such list the registrars shall exclude all persons on the registration list who registered later than fifteen days prior to such election, or those who are for any reason not entititled to vote on account of non-payment of taxes, or who shall be disqualified from voting for any reason; that is to say, that the list of voters shall be made up from the permanent registration book by excluding therefrom those who are not qualified to vote in the approaching election.

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The list of voters so made up by the registrar shall be furnished to the managers of the election, and no person shall be allowed to vote at such election unless his name appears on said list of voters, or unless he produce and exhibit to the managers a certificate signed by the registrar that his name was omitted therefrom by accident or mistake. Election, registration for. SEC. 69. All elections in said city shall be conducted in the following manner, to-wit.: The city managers shall designate the place at which the polls shall be opened in said city, preferably the city hall of the city, and shall then designate three managers and two clerks to officiate at said polling place, and such managers and clerks shall be sworn by some officer authorized to administer an oath to faithfully discharge the duties imposed upon them, and not to divulge how any person has voted at any election, unless called upon to give evidence thereof in some court of competent jurisdiction of this State. The city managers shall provide for each election, no matter for what purpose called, an official ballot, on which shall appear the names of all offices to be filled and all candidates for offices, and the question or questions submitted, and no ballot shall be voted except the official ballot, thus prepared and furnished to the election managers by the city managers. Only one person shall be permitted to enter the polling place by the managers at a time, and one such ballot numbered with a corresponding number to the number on the list of voters kept by the clerks shall be delivered to the voter, and such voter shall retire to a booth or other private place, which shall be provided by the city managers, and strike from such ballot the names of persons and the side of the question that he does not desire to vote for, and return such ballot to the manager, and his name shall then be entered on the list of voters by the clerk, and the ballot shall be placed in the box. If the voter shall leave upon his ballot more names of candidates than are to be elected to a particular office, or two sides of the question to be submitted, then said ballot shall not be counted as to such office or as to such question. The election managers may prepare in the presence of each other the ballot of any blind, illiterate

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or infirm person requesting them to do so, but in no other instance shall the ballot be prepared by the managers or clerks. The polls shall be opened at the election precinct not earlier than nine o'clock A. M., Eastern standard time, and shall be closed not later than four P. M., Eastern stand-and time. The election managers shall publicly exhibit the box when the polls are opened and show that no ballots are contained therein, and the box shall then be sealed in the presence of the bystanders, except as to place of depositing the ballot, and shall remain sealed until the polls are closed. When the polls are closed, the votes shall be counted publicly, but at no other time during the day shall any person be admitted by the managers, the clerks, and the voter, entering one at a time. In counting the votes each ballot shall be called by one of the managers and inspected by the others before the vote is finally recorded. Elections, conduct of. SEC. 70. It shall be unlawful for any candidate, either directly or indirectly, or for any one acting for or on behalf of any candidate or issue or question to be decided by any election or primary election, to convey, carry, transport, or have conveyed, carried, or transported by carriage, automobile, or in any manner, any elector to the polls or place of voting. A violation of any of the provisions of this section shall constitute a misdemeanor, and shall be punished as provided by Section 1065 of the Penal Code of 1910. No carriage of voters. SEC. 71. The city managers may, at any election held in said city, provide two or more ballot boxes and additional clerks and managers for the same, and make all needful rules and regulations for the use of said managers to prevent repeating of unlawful voting. Ballot boxes. SEC. 72. After the votes have been counted the election managers shall seal up the oath of the managers and clerks, the tally sheets, the list of voters, and the ballots, and same shall then be delivered to the clerk of the city managers, to be safely kept until delivered to the city managers. The managers of the election shall keep two tally sheets and two lists of voters, and in all other respects, except as herein

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provided, the election shall be held in accordance with the existing laws of this State relating to elections by the people. Delivery of ballots, etc. SEC. 73. The city managers shall meet as soon as practicable after the election is held, either on the day of the election or thereafter, as they may deem proper, and it shall be the duty of the clerk to lay before the city managers the returns of the election as filed in his office, and the returns shall be opened and shall be canvassed by the city managers, and the result declared, all of which shall be made in public. If any person who may be a candidate for office, or any registered elector who voted at such election, desires to contest such election he shall, on or before the declaration of the result by the city managers, file with the clerk of the city managers his grounds of contest, which shall be heard and determined by the city managers in accordance with such ordinances and resolutions as the city managers may adopt from time to time. In the meantime, the result of the election as to such office, or to such question so contested, shall not be declared until after such contest is decided. Returns. SEC. 74. If, at any time, a primary election shall be held in said city by a political party, or set of voters in said city, such primary election shall be held in accordance with the rules and regulations provided in this Act as to the registration of voters and as to the manner of the election. Primary elections. SEC. 75. If this Act shall be adopted and become the charter of the city of Gainesville, as hereinafter provided, then the mayor and council of the city of Gainesville shall designate the city hall as a voting place and shall appoint managers and clerks to conduct an election for the city managers as herein provided for, and said election for city managers shall be held on the first Wednesday in December, 1914, in accordance with the provisions of this Act, provided that any person shall be allowed to vote at said election who shall register under the provisions of Section

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76 of this charter, and whose name shall be upon a list of voters compiled as provided in Section 76, and any person registering fifteen days before said election shall be embraced in said list of voters. Voting place. SEC. 76. That within not less than thirty days, nor more than sixty days after this Act has been approved by the Governor, there shall be held in the city of Gainesville an election to determine whether this Act shall become applicable to the city of Gainesville. The day of the election shall be fixed by the mayor and council of the city of Gainesville. An advertisement of the day so fixed and the place of voting shall be published in each weekly paper in the city of Gainesville once each week for four weeks before the day fixed for the election, and the mayor and council of the city of Gainesville shall designate as the place at which said election shall be held, the city hall of said city, and shall appoint three managers and two clerks for each ballot box that may be used in such election, and said election shall be held as near as may be under the provisions of this Act in regard to elections. There shall be made up by the clerk of council a list of voters and who have registered not less than fifteen days prior to such election, authorized to vote at said election, which list shall embrace only those who are registered voters under the laws of this city and this State, residing in the city of Gainesville, such list to be taken from the permanent qualification book. This list shall be published at least ten days before the election, and no person shall be allowed to vote whose name does not appear on such list, unless he produces and exhibits to the managers of the election a certificate signed by the clerk of council, county registrar, that his name was omitted from said list by accident or mistake. This Act to be submitted to popular vote. SEC. 77. The mayor and council of the city of Gainesville shall prepare and deliver to the managers of the said election and official ballot, which shall have written or printed thereon on separate lines the words For the new charter and Against the new charter, and those desiring to vote for the new charter shall erase the words Against

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the new charter, and those desiring to vote against the new charter shall erase the words For the new charter, and no ballot shall be counted which has neither erased. Form of ballots. SEC. 78. As soon as practicable after the polls are closed the mayor and council shall meet and the managers of the election shall bring in the returns, and the returns shall be canvassed by the mayor and council, and the result declared, and if a majority of the votes cast shall be for the new charter, then this Act shall take effect and become the charter of the city of Gainesville from that date, and if a majority of the votes shall be against the new charter, the mayor and council shall so declare, and the present charter of the city of Gainesville shall continue in force. Declaration of result. SEC. 79. If this Act shall take effect and any section or provision thereof shall be declared invalid for any reason, the remainder of the Act shall remain operative. Invalid provisions. Amendments to this charter may be submitted to the registered electors of the city by a two-thirds vote of the city managers at the next regular municipal election, if one shall occur not less than sixty days, nor more than one hundred twenty days after the passage by the city managers; otherwise, the city managers shall provide for the submission of the amendments at a special election, to be called and held within the time aforesaid. If such proposed amendment be approved by two-thirds of the registered electors voting thereon at said election, it shall become a part of the charter at the time fixed therein. The said city managers shall have as full and complete power of submitting amendments to this charter as the General Assembly of Georgia has in enacting special Acts relating to municipalities. Amendments to this charter may be submitted. Approved August 12, 1914.

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GLENWOOD, TOWN OF, CHARTER AMENDED. No. 424. An Act to amend an Act establishing a new charter for the town of Glenwood, approved August 11th, 1908, and which said town was at that time located in the county of Montgomery, but which is now located in the new county of Wheeler, said 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 the authority of the same, That the Act creating a new charter for the town of Glenwood, approved August 11, 1908, and which said town was at that time in the county of Montgomery, but which is now in the new county of Wheeler, be, and the same is, hereby amended as follows: That from and after the passage of this Act the above mentioned Act be, and the same is, hereby amended by striking from the fourth line of Section 30 of said Act the words one-quarter of one per cent, and adding in lieu thereof the words one per cent, so that said Section 30 when so amended shall read as follows, to-wit.: Act of 1908 amended. To be read as amended. SEC. 30. Be it further enacted, That the mayor and council of the town of Glenwood shall have power and authority to levy and collect a tax annually of not exceeding one per cent upon all and every species of property, both real and personal, within the limits of the town of Glenwood, including bonds, notes, debts, choses in action and money employed in banking and otherwise. Tax ad valorem. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the said Act creating a new charter for the said town of Glenwood, approved August 11, 1908, and which said town was at that time located in the county of Montgomery, but which is now in the new county of Wheeler, be, and the same is, hereby amended by striking from said Act all of Section 39, and inserting in lieu thereof the following: Act of 1908 amended.

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SEC. 39. Be it further enacted by the authority aforesaid, That upon complaint being filed with the mayor, and 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 said town, said mayor or mayor pro tem., shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, or any member of the police force of said town, and may be executed by said chief of police or any member of the police force of said town, or the marshal or any watchman or any other person authorized and empowered by law to make an arrest. Arrests, however, may be made by said chief of police, or any member of the police force of said town, or any person authorized to make an arrest without a warrant if the offense is committed in the presence of the officer making the arrest, or the offender is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for the want of an officer to issue a warrant. The arresting officers of said town may follow violators of the law and ordinances of said town, and who are endeavoring to escape, and arrest them in such flight wherever they may be found in this State. Substituted section. Warrant for arrest. Arrests without warrant. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the said Act creating said new charter for the town of Glenwood, approved August 11, 1908, and which said town was at that time located in the county of Montgomery, but which is now in the new county of Wheeler, be, and the same is, hereby amended by adding thereto the following sections, and to be numbered as follows, to-wit.: Act of 1908 amended. SEC. 41. Be it further enacted by the authority aforesaid, That all executions issued against persons, firms or corporations failing to pay any general or specific occupation tax, assessment, lien, or other charge occurring against such persons, firms or corporations respectively, or their property, for which executions may be issued under the provisions of the charter of said town of Glenwood, and

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this amendment thereto, or of the ordinances thereof, shall be signed and issued by the clerk of the town council, shall bear test in the name of the mayor of said town, and shall be directed to and enforced and levied by the chief of police of said town, 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 thereof by posting notices thereof in three or more public places in said town for ten days prior to the day of sale, one of which places shall be before the door of the council chamber of said town, and said sale of personal property shall be had on the day on which the justice court is held in and for the 1531st District, G. M.; and if the property levied upon be real estate, he shall advertise the same once a week for four weeks in the public gazette in which the sheriff's sales of Wheeler County are advertised before selling the same; and all sales of real estate under executions issued by the said town of Glenwood shall be had before the court house door of the said county of Wheeler, and on the day on which sheriff's sales are made. All such sales of real estate shall be made under the same rules and laws governing sheriff's sales in this State. When personal property is sold the chief of police shall deliver possession thereof at once to the purchaser and execute to such purchaser a bill of sale to such personalty if he so desires. When real estate is sold, the chief of police of said town shall make to the purchaser a deed, and upon application of the purchaser or his agent shall put such purchaser or his agent in the possession of the real estate sold; provided, said chief of police shall not be authorized to turn any person other than the defendant in fi. fa., his heirs, tenants or assigns, out of possession of such real estate. The clerk of council shall be entitled to fifty cents for each fi. fa. issued, and the chief of police shall be entitled to the same fees for levying as are allowed to lawful constables of this State, and to the same fees for selling as are allowed the sheriffs of this State; provided, however, that the fees of all said officers, as well as the other officers of said town of Glenwood who

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may now or may be hereafter authorized to charge fees for services pertaining to their offices, may be changed by ordinances of the town council of said town. New sections. Executions. Levy and sale. Proviso. Fees. SEC. 42. Be it further enacted by the authority aforesaid, That the chief of police or other collecting officer of the town of Glenwood, shall be authorized and empowered to transfer and assign any fi. fa., or execution issued for the collection of any taxes or assessments due said town in the same manner, upon the same terms and conditions, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in case of sales or transfers of tax fi. fas., issued for State and county taxes, as is now provided by law; and all sales of property hereafter made under executions in behalf of the town of Glenwood for the collection of any taxes or assessments due said town, the owner or owners, as the case may be, are authorized to redeem the same within the same time, and on compliance with the same terms and payment of the same premiums, interest and costs as in case of redemption of property when sold under tax fi. fas., issued for State and county taxes, as the law now exists, or as may be from time to time hereafter provided by law. Transfer of executions. SEC. 43. Be it further enacted by the authority aforesaid, That whenever any execution issued by the proper authorities of said town for taxes or assessments due said town, or for fines, forefeitures, or any other charge or demand due said town, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit of illegality denying the whole or any part of such execution is due, and the reason the same is not due, and stating what amount, if any, is admitted to be due (which amount so admitted shall be paid before the affidavit of illegality shall be received by the levying officer, and said affidavit for the balance shall be received) with bond and good security, to be approved by the levying officer, for the forthcoming of the property levied upon, if the same is personal property, and said affidavit so presented shall be returned to the justice court of the 1531st District, G. M.,

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of Wheeler County, Georgia, if the amount of said execution so levied is less than one hundred dollars, and the property levied upon is personal property; and said affidavit so presented, if the amount of the execution so levied is more than one hundred dollars, or if the execution be levied upon real estate, shall be returned to the superior court of Wheeler County, Georgia; and all such affidavits of illegality shall be tried and the issues determined, as in cases of other affidavits of illegality returnable to the several courts of this State, subject to all the pains and penalties provided for in cases of affidavits of illegality for the purpose of delay only. Such affidavits of illegality and the procedure in reference thereto being governed by the rules of law governing such matters in the several courts of this State. Affidavit of illegality. SEC. 44. Be it further enacted by the authority aforesaid, That a police court is hereby created and established in said town of Glenwood, and the same is hereby clothed with all such powers as are inherent in courts generally, and as usually belong to municipal and corporation courts, as well as those hereinafter set forth. Said police court shall be held and conducted in such manner and at such place and at such times as the town 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 the punishment to be inflicted upon all persons violating the ordinances of the town of Glenwood where such offense is committed within the jurisdictional limits of said town, and upon conviction, to punish the offenders for the violations of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of the new charter of said town, and of this amendment thereto, and of the ordinances and resolutions adopted in pursuance thereof; also to forfeit appearance bonds and recognizances returnable to said police court, and to hear, try and determine all issues made thereon and to render judgment on the same; and also to try all nuisances and questions arising

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in reference thereto and to grant judgments in abatement of the same and for the removal thereof, where such nuisance shall be located within the jurisdictional limits of said town. Police court. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor of said town shall preside as judge of said police court, and try and determine cases without a jury. In case of the absence or disqualification or disability of the mayor, or in case of a vacancy in his office, the mayor pro tem., or in his absence, disqualification or disability, any member of the board of councilmen shall preside as police court judge. Said mayor or presiding officer of said police court shall be, to all intents and purposes, a justice of the peace, and shall be authorized and empowered to issue warrants for offenses committed within the jurisdictional limits of the town of Glenwood, for police purposes, against the penal laws of this 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 this 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 State court having jurisdiction of such matters in the said county of Wheeler, and to that end the mayor or other presiding officer presiding over said police court shall have the power to commit such offender or offenders to the county jail of said county, or admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction, to be held in and for said county of Wheeler. 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 town by a fine of not more than one hundred dollars, or by labor on the streets or public works of said town under the control and direction of the proper officers of said town, not to exceed sixty days, or by confinement in the guard house of said town not to exceed sixty days,

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either one or more, or all, of said penalties may be imposed, in the discretion of the presiding officer of said police court trying the case; and all sentences may be in the alternative, and fines may be imposed with the alternative of either or both of the punishments, in the event the fine is 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 provided for the issuance and collection of tax executions by the said town of Glenwood, and levies may be made and sales thereunder may be conducted in the same way, this method of collecting fines imposed being cumulative, and to be used at the option of the mayor and council of said town. Presiding officer of court; powers. State law violations. Punishment. SEC. 46. Be it further enacted by the authority aforesaid, That there shall be kept in said police court one or more dockets, on which shall appear the name of each person arrested by the officers of said town for any offense against the municipal laws or ordinances in force within the jurisdictional limits of said town, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person the sentence imposed or disposition of the case shall be entered in writing opposite the name and charge by the mayor or other presiding officer of said police court, which respective entries signed by the mayor or other officer presiding in said police court shall show the final disposition of such case. Said police court shall have the power to compel the attendance of persons charged with the violation of any of the laws or ordinances of said town by summons, which summons shall be issued by the clerk of council and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served on the accused by any police officer of said town. Likewise, said police court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas, which shall be similarly tested, issued and served. Said police court shall have power to punish any person disobeying such summons or subpoenas by attachment in writing or warrant

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signed by the mayor or other police court judge, which said attachment or warrant shall be executed by a member of the police force. The cases before said police court shall be tried as speedily as possible, with due regard to the rights of the accused and the town; continuances may be granted by the police court upon proper showing made, in accordance with the rules governing such matters in the superior courts of this State, but such continuance shall be only until a time when said case can be properly tried in the discretion of the presiding judge of said court. Dockets. Summons. Witnesses. Trials. SEC. 47. Be it further enacted by the authority aforesaid, That any one who has been convicted in the police court of said town of Glenwood shall have the right to appeal to the town council of said town of Glenwood, upon the same terms and upon complying with the conditions stipulated in Sections numbered 5192, 5193 and 5194 of the Civil Code of 1910; provided, that said appeal shall be entered instanter or on the same day of the trial in said police court. Appeal. SEC. 48. Be it further enacted by the authority aforesaid, That when any person is charged with any offense against the laws or ordinances of said town, or who is arrested for such offense, shall give bond for his or her appearance at any police court of said town, and if such person fail at the time appointed in said bond to appear, in accordance with its terms and conditions, then and in such event said bond shall be forfeited and the amount of the same collected from the principal and securities thereon in a manner to be provided by ordinance of said town of Glenwood. And said mayor and council are expressly authorized hereby 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 of 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 the superior courts of this State grant such judgments. On entering of such judgments,

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the clerk of the town council of said town shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for executions issued in said town for taxes, which said execution shall be placed in the hands of the chief of police, or other arresting officer of said town, who shall proceed to enforce and collect the same as tax executions of said town are enforced and collected. In any case where any person charged with an offense against the ordinances or laws of said town, or is arrested for such offense, has deposited a sum of money as a bond for his appearance in said police court, and similarly where some other person has deposited a sum of money for the appearance of such person in said police court, then and in event such person does not appear at the time and place appointed for trial, said sum of money so deposited shall be forfeited instanter by the judgment of the mayor or police court judge presiding, entered upon the police court docket, and shall be paid over to the town treasurer of the said town of Glenwood. Said mayor and council shall have the power to provide by ordinance for the charge and collection of all items of costs in all cases brought into said police court, such as are usually incident and lawfully chargeable to the prosecution of said cases, the same to be added in the discretion of the police court judge to the amount of the fine imposed and collected, and then to be turned over to the proper officers, for whose use they are charged. The clerk of the town council, and the chief of police of said town, shall be clerk and marshal, respectively, of said police court, and shall serve the same in such capacity, and their duties and fees shall be such as usually appertain to such offices and as may be from time to time fixed by ordinances of said town, and they shall be entitled to charge, collect and receive such fees or costs for their services in said court when the same are collected, along with the fines as above provided, but not otherwise. They shall not be entitled to any payments on account of insolvent costs. Bond for appearance. Forfeiture. Costs. Officers of court.

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SEC. 49. Be it further enacted by the authority aforesaid, That said mayor and council of the town of Glenwood shall have full power and authority, in their discretion, to organize a chaingang in and for said town, and to prescribe rules and regulations for the same and for the government thereof, and to cause any or all offenders against the laws and ordinances of said town to work in said chaingang upon the streets and public works of said town as said mayor and council shall direct; and all persons sentenced to labor on the streets or public works of said town shall be turned over to the chief of police of said town or other officer in charge of the streets and public works of said town, and shall be by him put to work on the streets or public works of said town or in and around said town, and within the jurisdictional limits thereof, as may be provided in such cases. Chaingang. SEC. 50. Be it further enacted by the authority aforesaid, That the said mayor and council of said town shall have the right to establish and maintain a guard house and chaingang in said town, provide for the confinement of prisoners during the hours they are not engaged in labor on the streets or public works of said town; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits, employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of said town in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established for their management. The mayor and council of said town may have the right to hire or lease said convicts as may be confined in the chaingang of said town, under the provisions of the new charter of said town, and this amendment thereto, to the county authorities of Wheeler county, and shall have the right to make such charge against the county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities in the

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same manner as the county convicts are kept and provided for. Guard house and chaingang. Convicts. SEC. 51. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to erect and maintain a town guard house, and to establish and provide regulations therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court of said town for violating any of the laws or ordinances of said town, as well as for safe detention, until the trial of any person who has violated any of the laws or ordinances of said town, and also for the safe detention of all disorderly persons committing or attempting to commit crime within the jurisdictional limits of said town, and the chief of police or any arresting officer of said town 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 said town, and confine them to the guard house to await their trial. Guard house. SEC. 52. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police of said town, by himself or through the force under him, and at his command, at all times, day and night, to preserve the public peace, good order and tranquility of said town and its inhabitants; to prevent the commission of crime and arrest offenders; to protect the rights of persons and property; to provide proper police force and protection at fires; to protect strangers and travelers at railway stations and other places in said town; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages that obstruct the free passage of the public streets and sidewalks and other places of travel in said town; to preserve order at elections and at all public meetings and assemblages in said town; to regulate the movements of teams and vehicles of all kinds (especially automobiles, motorcycles and other vehicles propelled by steam, gasoline and other powers of like character) in the streets of said town; and to prevent the violation of all laws and

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ordinances in force applicable to the police of said town. He shall be held responsible for the good order of the town, and the general good conduct of the officers and men under him. The police of the town, including those holding temporary appointments, and night watchmen, shall be subject to the general control of the chief of police, under the direction of the mayor and council. The mayor and town council may pass ordinances from time to time regulating the chief of police and the police force of said town, and may clothe the watchmen at private plants or factories with police powers. Peace and order. Powers of police. SEC. 53. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 12, 1914. GRIFFIN, CITY OF, CHARTER AMENDED. No. 450. An Act to amend An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the city of Griffin; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes, so as to confer on said municipality the power to levy a tax of not more than 5/100 of one per cent on and against all property therein subject to be taxed, for the maintenance of a public library; and so as to confer on said municipality full and complete authority and power in and over all matters of sanitation and health; and to provide for vaccination and other compulsory

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means to arrest and stamp out epidemics of contagious and infectious diseases and prevent the spread 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 said authority, That Section 17 of the Acts of the General Assembly of Georgia, approved August 15th, 1910, entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the city of Griffin; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes, be and the same is hereby amended by striking from the fourth line in said Section 17 the words one and one-half per centum and insert in lieu the words one and fifty-five hundredths per centum, and by inserting after the words return for taxes and before the words collection of taxes, in line 49 of said Section 17, the following: for the maintenance of a public library in said city, five one-hundredths of one per centum on and against the value of all property therein returned and assessed for taxation and subject to be taxed, so that said section when amended shall read as follows: Act of 1910 amended. To be read as amended. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to levy and collect annually a tax of not exceeding one and fifty-five one-hundredths per centum upon all and every species of property, real or personal, or of any kind, within the limits of said city, including bonds, notes, debts, choses in action, money employed in banking and otherwise; but no tax shall be levied or collected except to pay existing debts of the city and interest that has, or may, accrue on the same, and such debts as may hereafter be created in conformity with the laws of said State, and the current expenses of the city government, and such other expenses of the city government as are herein referred to and allowed; provided, the incurring of bonded debts shall be authorized by a vote of two-thirds of the qualified voters of the said city, and that the money

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arising from licenses, street tax, fines, forfeitures and costs in the criminal court shall be first applied to the payment of the current expenses of the city, and if there should be a deficiency remaining, such deficiency shall be supplied by taxes raised as herein provided, but in no event to exceed thirty-five one-hundredths of one per cent on the value of the property assessed and returned for tax. The tax levied and collected shall be applied as follows, or such proportion thereof as is necessary for current expenses, thirty-five one-hundredths of one per cent. on the value of the property assessed and returned for tax: For public schools, thirty-five one-hundredths of one per cent on the value of the property assessed and returned for tax; for gas, water, electric lights and sewerage, fifteen one-hundredths of one per cent on the value of property assessed and returned for tax; for bonded debts and interest, fifty one-hundredths of one per cent on the property returned and assessed for tax; for street improvements, ten one-hundredths of one per cent on the value of property assessed and returned for tax; for aid to poor, maintenance of hospitals and for the health department of said city, five one-hundredths of one per cent on the value of property assessed and returned for tax; for the maintenance of a public library in said city, five one-hundredths of one per cent on the value of property assessed and returned for taxes and subject to be taxed. The collection of taxes may be enforced by the issue of executions, levy on property and sale thereof, in such a manner as the mayor and council may prescribe. All funds collected shall be kept separate and be used only for the purpose for which they were levied and collected. Tax ad valorem; rate and purposes. SEC. 2. Be it further enacted by said authority, That in addition to the powers granted to said city by the said Act of the General Assembly, approved August 15th, 1910, and enumerated therein, that the said city of Griffin shall have full and complete power and authority in and over all matters of sanitation and health; it shall have the power and authority, through and by the mayor and council thereof, or by the board of health of said city, to compel the removal to the smallpox hospital of any person or persons

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who shall have small pox in said city, who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said person or persons who shall have the smallpox shall be sufficiently guarded, it shall still be in the power of the mayor and council of said city in their discretion, under and by the advice of the board of health, whenever it shall be deemed to be in the interest of said city, to remove said person or persons having small pox to the small pox hospital. That the said mayor and council or board of health of said city shall also have the power and authority to establish and enforce compulsory quarantine of a citizen, or of a person or persons living in or being in said city, should there be an epidemic of scarlet fever, diphtheria or any other contagious or infectious diseases. That the mayor and council of said city shall have power and authority to declare, by resolution, that vaccination shall be compulsory on all persons living or being in said city, when, in their discretion, such vaccination shall appear to be necessary or expedient in the interest of the health of said city, and shall provide in said resolution the time within which all persons living or being in said city shall be vaccinated, and any person failing to be vaccinated within the time required in said resolution, or who shall refuse to submit to vaccination, shall upon conviction be punished for the first offense by a fine of not more than one hundred dollars, or imprisonment in the city prison not more than thirty days, or to work in the chaingang on the streets of said city not more than thirty days, any one or all, within the discretion of the court; and for each subsequent offense such person shall be punished in the manner and for the time prescribed in Section 22 of the charter of the city of Griffin, as contained in said Act, approved August 15th, 1910. And it is hereby made the duty of the health officers of the city of Griffin to vaccinate at the expense of said city, and free of charge to the person, any person or persons residing or being in the city, who, in the judgment of the mayor of said city, are unable from poverty to pay the expenses of such vaccination. The mayor and council of

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said city shall have power and authority to quarantine any animal having glanders or other infectious or contagious diseases found in said city, in order to prevent the spread of such diseases, and shall have power to have such animals killed and shall only be liable to the owner thereof for the actual cash value of said animal or animals at the time of said killing. Health and sanitation; quarantine, vaccination, etc. SEC. 3. Be it further enacted by said authority, That all Acts or parts of Acts in conflict to this Act be, and the same are, hereby repealed. Approved August 14, 1914. GUYTON, TOWN OF, CHARTER AMENDED. No. 328. An Act to amend the charter of the town of Guyton, Georgia, and the amendments thereto, increasing the tax on the property of the town from one-quarter of one per cent to one-half of one per cent., and authorizing the mayor and aldermen of said town to levy and collect a specific or license tax on the places in the town where mercantile trade is carried on. SECTION 1. Be it enacted by the General Assembly of Georgia, That the charter of the town of Guyton, Georgia, and the amendments thereto, be and they are hereby so amended as to increase the tax on the property of the town from one-quarter () of one per cent. to one-half () of one per cent., this increase not to be construed to repeal the school tax law for said town; and the mayor and aldermen of the town are hereby authorized to levy and collect a specific or license tax on places in the town

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of Guyton where mercantile trade is carried on; provided, not more than twenty ($20.00) dollars shall be required for the sale of articles produced by the seller or on the farm of the same. The mayor and aldermen of the town of Guyton shall define by ordinance the manner in which this tax is to be levied and collected, whether by license on the place of business or by specific tax on each class of merchandise, and shall state the amount of tax on each class of merchandise and shall publish the same in the usual manner of publishing ordinances for the town thirty days prior to the time when the tax is to take effect, and the mayor and aldermen shall have the same authority to enforce the collection of the taxes herein provided for that were given them in the charter of the town of Guyton for the collection of taxes. Tax rate increased. School tax. Specific or license tax. Collection of taxes. 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, 1914. HAPEVILLE, CITY OF, CHARTER AMENDED. No. 329. 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 Acts amendatory thereof; to authorize said city to purchase, build, own, operate and maintain a system of waterworks, and also a system of sewerage and drainage for said city; to authorize and empower the mayor and council of said city to issue and sell bonds of said city to the amount of twenty-nine thousand dollars ($29,000.00)

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from the proceeds of which said city may purchase, build, contract for, establish and maintain a water system for said city; to authorize and empower the mayor and council of said city to issue and sell bonds of said city to the amount of fourteen thousand dollars ($14,000.00) from the proceeds of which said city may purchase, build, contract for, establish and maintain a system of sewerage and drainage for said city; to authorize the levy and collection of a tax on all property in said city for redeeming any and all bonds issued under this Act, paying interest thereon, and providing a sinking fund for the redemption of said bonds; to provide for submitting the question of the issue and sale of said bonds to the qualified voters of said city; to authorize the condemnation of property both in and out of said city, and the doing of all things necessary or incident to the building and operation of said system of waterworks and of sewers and drains, and the issue and sale of said bonds; to provide for the manner of holding elections in said city, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an 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, so as to authorize and provide as follows: Act of 1891 amended. SEC. 1. That the mayor and council of said city of Hapeville, for and on behalf of said city, be and they are, hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of waterworks for said city, for all purposes usual and incident to waterworks systems for municipal corporations, and to furnish water to private parties and charge and collect for same; and generally to

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conduct and maintain said waterworks system for said city, as the mayor and council may, in their discretion, deem best. Waterworks system. SEC. 2. That the mayor and council of said city of Hapeville, for and on behalf of said city, be and they are hereby authorized and empowered to purchase, build, contract for, establish, and maintain a system of sewerage and drainage for said city of Hapeville, within and without the limits of said city, and as in their discretion they may deem best and proper. Sewerage and drainage. SEC. 3. That the mayor and council of said city be, and they are hereby authorized, in their discretion, to issue and sell twenty-nine thousand dollars ($29,000.00) of bonds of said city, in such denominations as they may deem proper, running for not more than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five per cent (5%) 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 the maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said city assent to the issue of said bonds, as provided by law, at an election to be called by the mayor and council, at such time as they may deem proper, and in accordance with the law for such elections. In the event said bonds are authorized and issued, the mayor and council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing, and maintaining a system of waterworks for said city, as authorized in Section 1 of this Act. Bond issue for waterworks. Election to decide.

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SEC. 4. That the mayor and council of said city of Hapeville, acting for and on behalf of said city, be and they are hereby authorized in their discretion, to issue and sell fourteen thousand dollars ($14,000.00) of bonds of said city, in such denominations as in their discretion they may deem best, running not longer than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five per cent. (5%) 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 qualified voters of said city shall assent to the issue of said bonds, as provided by law, at an election to be called by the mayor and council of said city, at such time as in their discretion they may deem proper, and in accordance with the general laws for such election. In the event said bonds are issued, the mayor and council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued, and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing, and maintaining a system of sewers and drains for said city, as provided in Section 2 of this Act. Bond issue for sewerage. Election to decide. SEC. 5. That said city of Hapeville be and it is hereby authorized and empowered, to purchase, hold, condemn, and acquire any and all property, within and without the incorporate limits of said city, necessary or proper, in the discretion of the mayor and council, for the purpose of erecting, acquiring and maintaining a waterworks system, and also a system of sewerage and drainage for said city, and for any and all other purposes necessary or expedient for the good of said city, as in their discretion the mayor and council of said city shall deem proper; provided, that in case of condemnation

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of private property, as authorized hereunder, the course of procedure shall be that authorized under the general laws of the State of Georgia for the condemnation of private property. Purchase and condemnation of property. SEC. 6. That the mayor and council of said city be and they are hereby authorized and empowered, for and on behalf of said city, to do and perform any and all things necesary, proper or incident to the building and operation of said system of waterworks, and said system of sewers and drains; and to do and perform any and all things necessary, usual, or incident to the issuing and selling of each and all of the bonds authorized under this Act; and generally to do and perform, for and on behalf of said city, all things usual, incident, or necessary to the acts and things authorized under this Act, so as to authorize the issuing and selling of each and all of the bonds herein referred to, and the operation of said water system, and also of said system of sewers and drains, and as is usual, necessary, proper, or incident to the operation of said plants by municipal corporations. Incidental powers. SEC. 7. That on and after the passage of this Act, elections for the office of mayor and councilmen of said city shall be held annually, at the council chamber of said city or at such other place as the mayor and council may designate, on the first Tuesday in December of each year. The hour for opening the polls at such election shall be six o'clock a. m. and the polls shall be kept open from that time until three o'clock p. m.; provided, nothing herein shall be construed as changing the terms of office of the mayor and councilmen of said city. In case of a vacancy in the office of mayor or any member of the council, by death, resignation, removal from said city, or for any cause whatsoever, a special election to fill such vacancy shall be ordered by the remaining members of the mayor and council. Ten days' notice of such special election shall be given by posting notices of same in at least three conspicuous places in said city; and no other notice shall be required in cases of special elections. Elections for mayor and councilmen. Vacancy in office.

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SEC. 8. That all elections held in said city on the issue and sale of the bonds, or for any other purposes authorized by law, shall be held in the manner provided for the election of mayor and councilmen of said city; provided, however, except as otherwise provided, the mayor and council are authorized to fix dates for such elections. SEC. 9. That the mayor and council of the city of Hapeville be, and they are, hereby authorized and empowered to make rules and regulations not inconsistent with law for the regulation of its waterworks system, and also to require the owner of any improved real estate within the corporate limits of said city to provide suitable water closet accommodations upon such improved premises, whenever in their judgment and discretion such improvements are necessary or proper to preserve the health or protect the sanitary interests of the citizens of any neighborhood or community of said city; and to prevent the use of water from wells and any and all places in said city for domestic purposes, whenever in their discretion they deem it necessary or proper to preserve the health of the citizens of any neighborhood or community within the corporate limits of said city. Rules and regulations for water system. SEC. 10. That in case the bonds authorized under this Act shall be authorized, issued and sold, as herein provided, then, and in such event, the mayor and council of the city of Hapeville are hereby authorized and empowered to levy and collect an ad valorem tax on all property sufficient to pay the interest on said bonds and to provide a sinking fund to pay off and retire said bonds at maturity, in addition to the taxes levied for other purposes authorized by law; provided, however, that the total taxes levied shall not exceed one per centum per annum of the value of said property. Tax levy. SEC. 11. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1914.

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HAWKINSVILLE, CITY OF, CHARTER AMENDED. No. 374. An Act to amend the charter of the city of Hawkinsville, in Pulaski County, approved December 18th, 1902, and Acts amendatory thereof, so as to authorize the city council of said city to issue bonds for the purpose of raising revenue to enlarge the present public school building and to erect, equip and maintain other and additional school buildings in said city; to authorize the city council of said city to grade, pave, macadamize, or otherwise improve the streets, alleys and lanes of said city and for that purpose to issue bonds; for one or all of said purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Hawkinsville, in the county of Pulaski, be, and the same is, hereby amended so as to authorize the city council of said city, to issue and sell bonds of said city, for the purpose of enlarging the present school building and erecting, equipping, and maintaining other and additional school buildings, to an amount not exceeding the sum of fifteen thousand dollars. Act of 1902 and amendatory Acts amended. Bonds for school buildings. SEC. 2. Be it further enacted by the authority aforesaid, That the city council of said city shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve the streets, alleys and lanes of said city, and to carry into effect the authority herein granted, said city council shall have full power and authority to assess the cost of paving and otherwise improving the streets, alleys and lanes against the real estate abutting on each side of the streets, alleys and lanes so improved to an amount not exceeding two-thirds ([frac23]) of the total cost thereof; and any street railroad company or other railroad company having or which may hereafter have tracks running

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through or across the streets, alleys or ways of said city, shall be required to pave, macadamize or otherwise improve said streets, alleys or ways, as said council may direct, the width of their said tracks and two feet on each side thereof; and to require such company to repair or repave their aforesaid portions as said city council may direct. In the event any such company or companies fail or refuse to comply with such requirements said city council may have the same done and the cost thereof shall be assessed against the said company or companies and enforced and collected by execution as herein provided. Said city council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on real estate according to the frontage on the streets or portions of streets so improved, or according to the area of value of said real estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinances providing for the work and making the assessments. Said city council shall have full power and authority to enforce the collection of the assessments herein provided for by execution against the abutting property and against the owners of the same, which executions shall be issued and levied like executions for taxes under existing ordinances, or such as may be made applicable to the subject; 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 the 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 the affidavit so received shall be returned to the superior court of Pulaski County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties

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provided for in cases of illegality for the purpose of delay. Said city council shall have the right by ordinance to declare what portions of the streets, alleys, lanes or ways of said city shall be graded, paved, macadamized or otherwise improved, and shall have the right to contract to pave the whole surface of said streets, alleys or ways without giving any street or railroad company or other owner or occupant of such streets the option of paving such streets themselves. The lien for assessments on abutting property and the owner thereof and on street railroads, or other railroad company, for street paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said city council shall have full power and authority to prescribe by ordinance such rules as they may, in their discretion think necessary to grade, pave, macadamize, drain or curb the streets, alleys, lanes or ways of said city, to enforce by execution the cost thereof against the adjacent or abutting property owners and railroad companies and to provide how the agents or owners thereof shall be served with notice. Street improvements; assessments on abutting property and rail roads. Executions for assessments. Affidavit of illegality. Lien of assessment. SEC. 3. Be it enacted by the authority aforesaid that the city council of said city shall have authority to issue and sell bonds of said city, for the purpose of grading, paving, macadamizing, or otherwise improving the streets, alleys and lanes of said city, to an amount not exceeding ten thousand dollars. Bonds for street improvements. SEC. 4. Be it enacted by the authority aforesaid, That upon the approval of this Act, the city council of said city, in its discretion, may order an election to determine whether or not bonds for any of the purposes aforesaid shall be issued; but if bonds for more than one purpose are to be submitted to the voters, provision shall be made in the submission for a separate vote upon each. The election shall be held in accordance with the provisions of Sections 440, 441 and 442 of the Code of Georgia, 1910, Volume 1. Bond election.

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SEC. 5. Be it further enacted by the authority aforesaid, That those who favor the issue of bonds for the purpose of enlarging the present school building and erecting, equipping and maintaining other and additional school buildings shall have written or printed on their ballot For school bonds, and those who are opposed to the issue of such bonds, shall have written or printed on their ballots Against school bonds; those who favor the issue of bonds for grading, paving, macadamizing, or otherwise improving the streets, alleys and lanes of said city shall have written or printed on their ballots For street paving bonds, and those who are opposed to the issue of such bonds shall have written or printed on their ballots Against street paving bonds. Form of ballots. SEC. 6. Be it further enacted by the authority aforesaid, That should two-thirds of the qualified voters of said city vote in favor of the issuance of any such bonds, then the same may be issued and sold; but should two-thirds of said qualified voters fail to vote in favor of the issuance of any such bonds then they shall not be issued, but the city council of said city may order other elections therefor, from time to time; provided, no election for the same purpose shall be held oftener than once in six months. Further elections. SEC. 7. Be it further enacted by the authority aforesaid, That said bonds shall be issued in such denominations as said city council may determine, to be fully paid off within thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per centum per annum, payable semi-annually; the principal and interest of said bonds shall be payable in gold coin of the present standard of weight and fineness, and shall be paid at such place as said city council may determine. Said bonds shall be executed by the official signatures of the mayor and the city clerk of the city of Hawkinsville, and having affixed thereto the corporate seal of the city and each coupon or interest warrant shall be signed by the clerk of the city and each coupon or interest warrant shall indicate the bond to which it belongs. Bonds, denomination, rate of interest, etc.

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SEC. 8. Be it further enacted by the authority aforesaid that as soon as said bonds to be issued under the provisions of this Act shall have been signed by the mayor and city clerk and the corporate seal of the city attached thereto, they shall be turned over to the bond commission of the city of Hawkinsville, and by said commission sold as follows: They shall advertise said bonds for sale to the highest bidder once a week for four weeks in such newspapers and in such cities as in their opinion will secure the highest and best bidders, and shall be sold to the highest and best bidders; provided, said bond commission in no event shall sell said bonds or any of them for less than par; and provided, further, that said bond commission shall have the right to reject any and all bids. Sale of bonds. SEC. 9. Be it further enacted by the authority aforesaid, That the proceeds of the sale of said bonds, when issued and sold shall be appropriated and used by the city council of said city only for the purpose for which they were issued. Proceeds appropriated. SEC. 10. Be it further enacted by the authority aforesaid, That in the event said bonds, or any of them, are issued, the city council of said city shall provide for the levy and collection of a special annual tax during the life of such bonds as may be issued sufficient to raise a fund to pay the interest on said bonds, and also sufficient to provide a sinking fund to pay off the principal of said bonds at their maturity. Tax to pay bonds. 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 11, 1914.

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HULL, TOWN OF, EXTENSION OF LIMITS. No. 350. An Act to amend an Act entitled An Act to incorporate the town of Hull, partly in the county of Madison and partly in the county of Clarke, approved August 24th, 1905, and Acts amendatory thereof, so as to extend the corporate limits of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to incorporate the town of Hull, in the counties of Madison and Clarke, approved August 24th, 1905, and the Acts amendatory thereof, be, and the same is, hereby amended, and the corporate limits of said town are hereby extended so as to include the following territory: Beginning at a point on the east side of said town where the present limits cross the Seaboard Air Line Railroad and extending east along said railroad to the land line of Mrs. J. J. N. Cheatham; thence southeast along the land line of Mrs. J. J. N. Cheatham and J. H. Bulloch to J. T. Johnson's land; thence along the line between J. T. Johnson and Mrs. J. J. N. Cheatham to Mrs. Cheatham's corner; thence south across the land of J. T. Johnson to a white oak on the road leading from J. T. Johnson's to Hull; thence south through the woods of J. T. Johnson to a pine in the edge of J. T. Johnson's field; thence south-west through the pines to a pine tree on the road leading from Dan Murray's to Hull; thence along the east side of said road to the present corporate limits. Act of 1905 amended. Territorial 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 August 7, 1914.

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JEFFERSON, CITY OF, PUBLIC SCHOOLS. No. 339. An Act to amend an Act approved July 30th, 1912, establishing a system of public schools for the city of Jefferson, in Jackson County, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act of 1912, approved July 30th, 1912, establishing a system of public schools for the city of Jefferson, in Jackson County, State of Georgia, be amended as follows: Section Two, of the Act of 1912, approved July 30th, 1912, be amended as follows: By striking from said section in the 22d and 23d lines thereof, the words ex-officio chairman and inserting in lieu thereof the words a member, and by adding at the end of said Section Two the following: This amendment not to affect the mayor now holding office, but to apply to his successors, so that said Section Two when amended shall read: Act of 1912 amended. To be read as amended. SEC. 2. Be it further enacted, That after the ratification of this Act, as hereinafter provided, the mayor and council of the 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 said mayor and council

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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 a member of the board of education, and he, with the 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 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 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, furnishing 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. This amendment not to affect the mayor now holding office, but apply to his successors. Election of members of board of education. Terms of office. Vacancies. Mayor a member of board. Rights and powers of board. SEC. 3. Be it further enacted by the authority aforesaid, That Section Four of the Act of 1912, approved July

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30th, 1912, establishing a system of public schools for the city of Jefferson, in Jackson County, State of Georgia, be and the same is hereby repealed, and in lieu thereof the following inserted: That the board of education shall at the first meeting after the election of new members, as herein provided, organize for the ensuing year by electing one of their body as chairman, and 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 secretary of said board 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. Substituted section. Organization of board of education. SEC. 4. Be it further enacted by the authority aforesaid, That Sections 10 and 11 of the Act of 1912, approved July 30th, 1912, establishing a public school system for the city of Jefferson, in the county of Jackson, State of Georgia, be, and the same are, hereby repealed, and in lieu thereof the following inserted: That the county board of education of Jackson County be, and the same is, hereby authorized and required to pay annually to said board of education of the city of Jefferson the pro rata share of the State school fund due and coming to the children within the incorporate limits of the city of Jefferson and taught in the school under this Act. Substituted section. State school fund. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1914.

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KESTLER, NAME CHANGED TO DAMASCUS. No. 365. An Act to change the name of the town of Kestler, on the Georgia Pine Railroad, in Early County, Georgia, to that of the town of Damascus. SECTION 1. 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 name of the town of Kestler, in the County of Early, State of Georgia, shall be changed to that of Damascus. Town of Kestler changed to Damascus. SEC. 2. Be it further enacted, That all laws, ordinances, rules and regulations now of force in regard to the town of Kestler shall be of force and shall apply to the town of Damascus as they have heretofore applied to the town of Kestler. Laws of force. 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 11, 1914. KIRKWOOD, TOWN OF, CHARTER AMENDED. No. 420. An Act to amend the charter of the town of Kirkwood, in the county of DeKalb, approved August 15, 1910, and the Acts amendatory thereof, so as to extend the corporate limits of said town by the incorporation of new and additional territory; and so as to provide who shall be required to register for any intermediate or special

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election in said town, by amending Section 9 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 charter of the town of Kirkwood, in the county of DeKalb, be, and the same is, hereby amended so as to extend the corporate limits of said town by the incorporation of new and additional territory therein; that the same may be from and after the passage of this Act a part of said town, as follows: A part of land lot two hundred seven (207), in the fifteenth (15th) district of DeKalb County, Georgia, commencing on the north side of Fair Street at a point where the west line of land lot 207 intersects said street (said west line being a boundary line of city of Atlanta), and running thence north along said west line of said land lot nineteen hundred (1900) feet, more or less, to a point two hundred (200) feet south of Boulevard Drive; thence east along the corporate limits of city of Atlanta and parallel to Boulevard Drive, fourteen hundred forty-five (1445) feet, more or less, to the western limits of town of Kirkwood; thence south along said western limits of town of Kirkwood nineteen hundred (1900) feet, more or less, to the north side of Fair Street; thence west along the north side of Fair Street fourteen hundred forty-five (1445) feet, more or less, to point of beginning. Act of 1910 amended. Territory added. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act said additional territory shall become a part of town of Kirkwood, and the residents thereof, and the property therein, shall be subject to the laws and ordinances of said town of force at the time of the passage of this Act, and to such laws and ordinances as may hereafter be passed, to the same extent as other residents and other property of said town are subject. SEC. 3. Be it further enacted by the authority aforesaid, That Section 9, of the charter of said town, approved

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August 15, 1910, be, and the same is, hereby amended by striking from said section in lines 51 and 52 thereof, the words, and prepare and furnish the registration lists as hereinbefore provided, and inserting in lieu thereof the following words, Registering therefor only those qualified voters of said town who did not register on, and have not been registered since, the first Monday in November previous thereto, and shall then prepare a list of the names of all voters who have registered on and since said first Monday in November, after it has been purged by the mayor and council, and furnish the same to the managers of the election, as hereinbefore provided, and the names appearing thereon shall be qualified to vote in such intermediate or special election, so that when said section is so amended, it shall read as follows: Be it further enacted, That it shall be the duty of the clerk of said town, upon the first Monday in November of each year to open a registration book for the registration of the qualified voters of said town. Said book shall be kept open at such hours as the mayor and council may prescribe each and every day (Sunday and legal holidays excepted) until the Wednesday before the first Wednesday in December, when it shall be fairly and absolutely closed. It shall be the duty of the clerk, upon application in person, and not by proxy of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of said town and who, upon the day of election, if then a resident, will then have resided in said town for ninety days prior thereto, to allow such person to register his name and color, recording on said book beside the applicant's name, his age, occupation or business and the street and ward in said town in which he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer to him the following oath, `You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in said State for twelve months, in this county for six months, and in Kirkwood

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for three months next preceding this registration, or that by date of next town election, if then a resident, you will have done so, and that it is your intention to remain a resident until the said day of election; that you are twentyone years of age or will be so prior to said day of election; that you have paid all taxes due the town of Kirkwood, and all taxes required by the laws of this State, except taxes for this year, so help you God.' It shall be the duty of the clerk of said town to prepare a list of the names of voters registered, after it has been purged by the mayor and council, in alphabetical order, and furnish the managers of the election with a complete list of the registered voters, by wards, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election and shall not permit one to vote in said election whose name does not appear thereon, and then only in the ward in which he resides, and when said election is over, it shall be the duty of said managers to return said lists to the clerk, to be by him safely kept and preserved. The registration for white and colored voters shall be made out separately. For any intermediate or specia election in said town for any purpose, the clerk shal open the registration book at least thirty days before the date fixed for such election and shal close the same five days before the day of election registering therefor only those qualified voters of said town who did not register on, and have not been registered since, the first Monday in November previous thereto, and shall then prepare a list of the names of all voters who have registered on and since said first Monday in November, after it has been purged by the mayor and council, and furnish the same to the managers of the election, as hereinbefore provided, and the names appearing thereon shall be quaified to vote in such intermediate or special election. 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

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in due time and form, be accidentally omitted from the registration list furnished the managers of said election, the clerk of said town may certify under his official signature and seal to such accidental omission to place his name on the lists, and that he is and was duly and legally registered in due time before the registration books were closed and thereupon and by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said town, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. 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 the 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 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. Act of 1910, Section 9, amended. To be read as amended. Registration of voters. Oath of voter. List of registered voters to be certified by clerk. Elections, management of. Notice. Illegal voting. Revision of registration list. 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 12, 1914. LAFAYETTE, CITY OF, CHARTER AMENDED. No. 534. An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the city of LaFayette in the county of Walker and to extend

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and define the corporate limits thereof; to provide for sanitation and sewerage of said city, and for the general welfare of its residents 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 LaFayette, in the county of Walker, State of Georgia, with all corporate rights, powers and privileges conferred and all duties, obligations and liabilities imposed by law, are hereby preserved into said city, except as amended by this Act. All resolutions, rules and ordinances thereof now in force not in conflict herewith shall remain unchanged subject hereafter to be amended or repealed by the duly constituted authorities of said city. All property rights and interests now held, owned or possessed by said city and all pending suits by or against said city are preserved and unaltered. Powers and rights preserved. SEC. 2. Be it further ordained that the corporate limits of said city of LaFayette be and they are hereby extended so as to embrace in addition to all the territory now embraced in said corporate limits the following territories also, to-wit: The corporate limits of the city of LaFayette shall be as follows: Beginning at a point one mile south of the court house and following around in a circle one mile from the court house, east and north to where the mile limit crosses the east line of land lot No. 10; thence north along east line of land lot No. 10 to the northeast corner of lot No. 10; thence west along north lines of land lots Nos. 10 and 9 to northwest corner of lot No. 9; thence south along the west lines of lots Nos. 9 and 28 to the point where the one mile radius from the court house crosses the west line of lot No. 28 and thence around south and east in a circle, keeping one mile from the court house, to the point of beginning. (It is not the intention to include or to interfere with the corporation of the town of Linwood, although the same is embraced within the limits herein described, and said town of Linwood is specifically excepted from the operation of this Act.) Territorial limits extended.

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SEC. 3. Be it further enacted, That the municipal government of the city of LaFayette shall consist of a mayor, recorder, and five councilmen; one councilman from each ward, who shall be a bona fide resident of the ward from which he is elected; and a mayor and recorder from the city at large, who are hereby constituted a body corporate under the name and style of the city of LaFayette 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 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 LaFayette 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 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 or ordinances or other orders as they may deem proper, not in conflict with this charter or the constitution and laws of this State or the United States. Government and officers. General powers. SEC. 4. All the present officers of said city shall hold their offices until the expiration of their present term and until their successors are elected and qualified. Present officers hold. SEC. 5. The next general election for mayor and councilmen shall be held on the first Tuesday in December, 1914,

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and on each first Tuesday in December thereafter, as follows: The first election under this charter to be held on the first Tuesday in December, 1914, shall be for the election of mayor and five councilmen and a recorder. The mayor and two of said councilmen shall be elected for a period of two years from said date and three of said councilmen and the recorder shall be elected for a period of one year from said date and until their successors are elected and qualified. The two councilmen receiving the highest number of votes cast, shall be declared elected for a term of two years, and the remaining three for a term of one year. In case of a tie the councilmen to serve for two years shall be decided by lot. On each first Tuesday in December thereafter, there shall be held an election for the offices which will expire by law on the first Monday in January following and they shall hold office for two years. The newly elected officers shall take oath and assume the duties of office on the first Monday in January following their election, or as soon thereafter as possible. Election for mayor and council. Terms of office. SEC. 6. Be it further enacted, That the city of LaFayette shall be divided into five wards, numbered one, two, three, four, and five, respectively, whose limits shall be as follows: Ward No. 1 shall include all that territory east of Spring Creek and north of the center of Culberson Ave., and north of a line running east from the east end of said Culberson Ave. to the city limits. Ward No. 2 shall include all that territory east of Spring Creek and south of the center of Culberson Ave. and south of a line running east from the east end of said Culberson Ave. to the city limits and north of the center of Patton Ave. and north of a line running east from the east end of said Patton Ave. to the city limits. Ward No. 3, shall include all that territory east of Spring Creek and south of the center of Patton Ave. and south of a line running east from the east end of said Patton Ave. to the city limits. Ward No. 4 shall include all that territory west of Spring Creek and south of the center of Armurchee Street and south of a line running west from the west end of said Armurchee Street to the city limits. Ward No.

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5 shall include all that territory west of Spring Creek and north of the center of Armurchee Street and north of a line running west from the west end of said Armurchee Street to the city limits. One councilman shall be elected from each ward and if two or more in any ward are voted for in a city election, the one receiving the largest number of votes shall be declared elected councilman from that ward. Five wards. Ward limits. SEC. 7. Be it further enacted, That the recorder of the city council shall keep a book to be labeled Registration Book, of the city of LaFayette, in which he shall register upon application, in alphabetical lists, keeping a separate list of white and colored voters, the names and ages of all male persons who shall make and subscribe the following oath: I do solemnly swear that I am a citizen and qualified voter of the State of Georgia, according to the constitution and laws thereof, and that on the first Tuesday in December next I will have been a bona fide resident of the city of LaFayette six months, and have paid all taxes legally required of me by said city. Sworn to and subscribed before me this..... day of.....19..... Recorder. Such registration book shall be kept open for the registration of voters thirty days preceding such election, when it shall be closed five days before each election. Said book shall be present at each election, in charge of the managers, and no persons whose names are not found thereon shall be allowed to vote. The recorder shall have such compensation for keeping registration books as the council shall allow, not to exceed three cents per name. Recorder. Registration of voters. Oath of voter. SEC. 8. 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 said 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. Be it further enacted, no person shall be eligible to the office of mayor or councilman who is not a freeholder himself, owning

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real estate in the city, or whose wife is not a freeholder, owning real estate in the city. Eligibility of mayor and councilmen. SEC. 9. All persons who have been bona fide residents of said city for 6 months before the day of election who, before registering as hereinbefore 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 hereinbefore provided and who shall be qualified to vote for members of the General Assembly shall be qualified electors in all municipal elections. Voters qualified. SEC. 10. Be it further enacted, That persons authorized to hold city elections shall be justices of the peace or intelligent upright freeholders and there shall be three managers appointed by the mayor and council for each election and they shall notify them at least 3 days before each election. The mayor and council shall select some suitable place for the holding of said elections. The managers shall receive such compensation as the mayor and council may determine. Said managers shall conduct elections as near as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be open at 8 o'clock a. m. and closed at 4 o'clock p. m. and a manager shall be eligible to open and close the polls. 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 free-holders or a justice of the peace, to hold the same and that we will make a just and true return thereof and not knowingly permit anyone to vote unless we believe he is justly entitled to do so according to the charter of this city nor knowingly prohibit anyone from voting who is entitled, and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed to before some officer authorized to administer oaths if any be present, and if no such officer be present, said oath may

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be made and subscribed by each manager in the presence of the others. The managers acting at first election under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded in the records of the city. Said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the councilmen and the recorder, a like certificate, and shall also certify as to the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally sheets of said election, certified by them. Election managers. Conduct of elections. Oath of managers. Certificate of election. SEC. 11. Be it further enacted, That in the event the office of mayor or anyone or more of the councilmen or the recorder shall become vacant by death, removal, disqualification or other causes, the councilmen shall fill such vacancies by an election which shall consist of a majority vote of the remaining members of the board of councilmen. Said newly elected persons to fill the unexpired term only. Vacancies in office. SEC. 12. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each councilman shall make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilman, as the case may be, of the city of LaFayette 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 the city. Oath of mayor and councilmen. SEC. 13. Be it further enacted, That the mayor and council of said city of LaFayette shall be and are duly required to make a public financial statement of the amounts received and expended by them as officials of said city at the close of each year, the board of school trustees shall also make a similar financial statement at the close of each year. Financial statements.

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SEC. 14. Be it further enacted. That any person who may be convicted before the mayor and city council of the city of LaFayette may, by giving notice of his intentions to certiorari and paying said fine and all the costs, or making oath that he is unable to give bond or pay the costs, suspend the judgment, and may be released from custody at once; provided, all certioraris from said court must be sued out, sanctioned, and filed within thirty days from the judgment; and provided, no such certiorari shall issue until the fine and all costs shall have been paid or affidavit been made by the defendant showing his inability to pay the costs or give the bond. Certiorari on conviction. SEC. 15. Be it further enacted that the mayor and councilmen shall elect, annually at the first regular meeting of the city council in January, a mayor pro tem., from their council, whose duties shall be to act in all cases in the absence, disqualification or sickness of the mayor during which time he shall be clothed with all the necessary powers of the mayor; a treasurer, who may or may not be a member of the board of councilmen; a city marshal; three tax assessors who shall be freeholders of said city, a tax-collector, and when the growth of the city may require, additional police protection. A city physician, who shall be a regular licensed physician practising in the city of LaFayette who shall be chairman of the board of health. And a city attorney who shall be a regular practicing member of the bar of said city of LaFayette, who shall attend the sessions of the mayor and council and the mayor's court at the request of the mayor. All of said officers to be elected for one year and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the mayor and council for neglect of duty, incapacity or malfeasance in office. The mayor may also appoint special policemen when in his judgment such appointment may be necessary. Such policemen to be discharged when the emergency requiring their service is past and to be compensated as the mayor and council may determine. While such policemen are on duty they shall have

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the same authority as prescribed for the regular policemen of said city. Said city treasurer, superintendent of water and light plant, tax assessors, city attorney, city marshal, and city physician shall be paid such sums for their services as the mayor and councilmen may determine; the mayor and council shall have authority to prescribe by ordinance from time to time such other duties of the various officers of the city, as are not herein set out. Mayor pro tem. Treasurer. Marshal. Tax assessors. Collector. Police. Physician. Attorney. Term of office and removal. Special policemen. Pay of officers. SEC. 16. Be it further enacted, That after the passage of this Act, no person shall be allowed to vote in any election held in said city who has not been duly registered as hereinbefore provided. Voters must register. SEC. 17. Be it further enacted, That all taxes due said city of LaFayette shall be due and payable on the first day of May of each year, or at such other time or times as the council of said city may, by ordinance, require; executions may be issued for the collection of any part of the city taxes, if they are collected in installments. Taxes, collection of. SEC. 18. Be it further enacted that the recorder and the tax assessors shall diligently investigate each year, within fifteen days after the tax receivers' books are closed or such other time as may be fixed by ordinance, to ascertain if all the property in said city subject to taxation has been returned for taxation, as provided by law, and in the event they find any property that is subject to said taxation that was returned the previous year but was not returned for the current year, or if they shall find any property that is subject to taxation that cannot be found in the returns of previous years, then it shall be the duty of the tax assessors to double tax said property from the valuation at which it was returned the year previous, or if said property has not been returned, to double tax said property from a fair valuation to be put on it by said tax assessors, for the time which it has not been returned and for which taxes have not been paid during the four years previous; provided, however, that the city council may, in their discretion, relieve said property from said double tax, for good cause shown. Tax returns; investigation. Double tax.

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SEC. 19. Be it further enacted, That the salaries of mayor, councilmen and recorder of the city of LaFayette shall be fixed by the mayor and council at the first regular meeting in November of each year for the ensuing year. Which salaries shall not be altered during the term of office of such officers. Salaries. Be it further enacted, That a majority of the council shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any councilman shall have the right to call for the ayes and nays and shall have the same recorded on the minutes in all cases. The mayor shall have no vote except in case of a tie. Quorum of council. SEC. 20. Be it further enacted, That the mayor and city council of LaFayette shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling and itinerant venders of articles, goods, wares and merchandise of every nature whatsoever. Every keeper of a pool, billiard or bagatelle table kept for the public use, every keeper of a shooting gallery, nine pin, or ten pin alley, upon the keeper of any other table, stand or place for the performance of any game or play whether played with stick or ball, ring or other contrivances, upon the keeper of flying horses, bicycles, velocipedes, or skating rinks, motor cycles or flying machines, insurance agents, life and fire insurance companies, brokers, dealers in pictures, loan agents, agents for industrial and aid societies that charge weekly, monthly or annual dues, premiums or assessments, agents for any other business or calling whatever. Keepers of slaughter houses, beef markets, green groceries, dealers in fruit, oysters, vegetables, milk, bread and other articles of food, upon

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every pawn broker and upon all establishments, business calling or avocations not hereinbefore mentioned and which under the laws and constitution of the State of Georgia are subject to license. Licensing and regulation of occupations. SEC. 21. Be it further enacted that said mayor and city council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys or public sidewalks in said city. They shall have power if necessary to regulate and establish a market or markets in said city, to regulate all butcher pens, slaughter houses, tan yards, livery stables, oil mills, guano factories, blacksmith shops, porches and chimneys, steam saw mills, steam grist mills and other machinery, millponds and gins within said city, and remove and cause to be removed at the expense of the owner or lessee of the same in case they become nuisances, dangerous or injurious to the health of the city, or cause the owner to do so, when they shall deem it necessary to the public interest to have the same done. They shall also have the power to regulate and control all public wells, pumps, running streams, branches, creeks, or springs in said city and shall prevent the adulteration of waters thereof, in any way whatever. They shall also have the power to regulate and control all fire companies, their engines, reels, houses and hose or any other apparatus of like character in said city. They shall have also the power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, sawdust, or any animal or vegetable matter of any kind which might be considered a nuisance or considered dangerous, at the expense of the owner. Should any owner or lessee fail or refuse to comply with any order passed for such purpose. The work may be done by the city at the expense attending the same collected by execution issued against said owner or lessee and said execution shall proceed and have the same force, power and dignity as an execution for taxes that may be issued by the said city. Removal of buildings, obstructions, etc. Markets. Regulation of various things. Nuisances. Waters. Fire apparatus. Unsafe buildings, etc.

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SEC. 22. Be it further enacted that the mayor and city council shall have power to open any new street in said city or to alter or extend any street, and to condemn private property upon the following conditions: If the owner of the property asserts his claim that he will be damaged thereby and if such owner and the mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one upright, intelligent freeholder of said city and the owner of said property shall select one such person, or if he shall fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the clerk of the superior court of Walker County to select some intelligent and upright freeholder as aforesaid, and it shall be the duty of the persons selected to select a third upright, intelligent freeholder as aforesaid and it shall be the duty of said three persons to assess the damage as sustained by the owner of said land, taking into the consideration the enhanced value, if any, to the property by reason of the public improvement, and either party may appeal from the award of said arbitrators to the superior court of Walker County; provided, that the mayor and council upon payment or tender to the owner or his agents of any sum found by said arbitrators shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal. Streets, alteration, extension and opening of. Damages, assessment of. Appeal from award. SEC. 23. Be it further enacted, That the mayor and council shall have power and authority to require the railroads or street railroads running through said town, or a portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor and council shall deem necessary, to pave or repair such crossings or to open any street in said town crossing them, to require all railroads to build and construct, and maintain, proper culverts and sewers under its property, to properly drain and carry off all surface water and to keep the same free from mud, debris, etc., and the mayor and council may pass any ordinance needful for carrying out the provisions

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of this section, and in case any railroad or street railroads shall fail or refuse to make such crossings or culverts within 15 days or to repair the same within 24 hours after having been notified to do so by the mayor and council, the mayor and council shall have the power to create and make the same across or under 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. Railroad corssings. SEC. 24. Be it further enacted, That the mayor and council shall have the power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and renew, and repave the streets, alleys, lanes, bridges, sidewalks, cross ways, drains, and gutters within the limits of said city and to improve and light the same and keep them free from obstruction for the use of the public or of any of the citizens of said city. To regulate the widths of sidewalks and streets, to compel the owners or lesses of property to pave, repair, renew and repave the streets and put down, repair and renew curbing and sidewalks along the same, under the directions of and according to specifications furnished by 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, raise, 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 curbings and drains, cross drains, crossing and other improvements thereon, according to their own specifications and to charge, assess and collect the expense of costs thereof by execution against the abutting property to be issued and signed by the mayor and recorder. Streets, powers as to. SEC. 25. Be it further enacted, That should any persons, firm or corporations fail or refuse to pay the city tax or license or tax and license or assessment or fine legally imposed by the city authorities within the time allowed or prescribed by the ordinance of said city, the recorder shall

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issue an execution against such delinquent for the amount due by him to said city, which shall bear test in the name of the mayor and recorder of said city. Said execution shall bind all property that said defaulting taxpayer owned in said city for the year for which said taxes, license assessments or fines are due. Said execution shall be directed to and enforced by the marshal of said city, who after levying the same upon the property of said defaulting tax payer, shall, if the property levied upon be personal property advertised for sale by posting notice thereof in three or more public places in said city for 10 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 sheriff's sales of Walker County are advertised, or some other newspaper published in said city, before selling the same. All sales under such executions shall be made by the city marshal before the door of the court house of Walker County or such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, under the law of sheriff's sales, to the highest bidder for cash. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in passing the title as the deed of the person against whom the execution is issued, and it shall be the duty of such marshal upon the application of the purchaser or his agent to put in possession said purchaser or his agent of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent tax payer, his heirs, tenants or assigns. The recorder shall be entitled to 50 cents for each fi. fia. issued and the marshal shall be entitled to the same fees for levies as are by law allowed a constable in this State and the same fees for selling as by law are allowed the sheriff in the State. License, tax, fine or assessment, execution for. Levy and sale. SEC. 26. Be it further enacted, That the mayor and councilmen of said city shall be bound to keep peace, and for this

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purpose shall be ex-officio justices of the peace, so as to enable them, or either of them to issue warrants for offenses committed within the jurisdiction of the city and shall have power, upon examination, to commit the offender or offenders to the guard house of said city or to the common jail of Walker County, or to allow bail if the offense be bailable, to appear before the proper court of said county for trial. Peace, powers to preserve. SEC. 27. 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, calling and kinds of business that are carried on in said city and to fix the specific license tax for same and the time or times such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax and shall also have the power to enforce the collection of same by execution. Classification, registry and licensing of occupations. SEC. 28. Be it further enacted, That all persons liable to perform road duty by the laws of this State shall be liable to work on the streets of said city not to exceed fifteen days or to pay a commutation tax in lieu thereof not to exceed $5.00 per year, as the mayor and 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 his street tax in lieu thereof, after having received due notice to so do, as may be fixed, by ordinance, such person may be sent to work by the mayor upon the streets of said city for and during the term of not more than fifteen days or to be confined in the common jail of Walker County for a term not exceeding ten days or both in the discretion of the mayor. Thirty days continuous residence within the city limits shall constitute a person liable to street work or street tax. Street tax or work. SEC. 29. Be it further enacted, That said mayor and councilmen shall have full power and authority to organize a chaingang in and for said city and to prescribe rules and regulations for same and to cause all offenders against the laws and ordinances of said city to work in said chaingang upon the streets or public works in or around said city, as

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the mayor and council may direct. The mayor and council shall also have the power to work State convicts on the streets of said city in accordance with the laws of this State. Chaingang. SEC. 30. Be it further enacted, That the mayor and council shall not grant any public franchise to any person, firm or corporation without having the right to tax said franchise and to pass and adopt such rules and ordinances regulating and governing the exercise of such franchise as may seem best and no franchise shall be granted for a longer period than fifty years. Franchises, taxation of. SEC. 31. Be it further enacted, That the mayor and council shall prescribe by ordinance the time and place and the manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city. It shall be the duty of the tax assessors to personally visit each piece of real estate in said city subject to taxation and to scrutinize carefully each return of property, real and personal, by all tax payers in said city, and if in their judgment they shall find the property embraced in any return or any portion of it, returned below its value, said assessors shall assess the values thereof within fifteen days from the date on which the tax receivers' books are closed or such other time as may be fixed by the mayor and council. When the tax assessors shall raise the valuation at which the tax payer has returned his property, said assessors shall give him written notice of their assessment within ten days from the date they have made such raise, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and council under such rules and regulations as they may prescribe. Returns for taxation. Assessment for taxes. Appeal. SEC. 32. Be it further enacted, That it shall be unlawful for the mayor or any councilman to be interested either directly or indirectly in any contract with the city or any part thereof, and for the violation of this section by the mayor or any councilman of said city, the offender shall on conviction, be punished as other misdemeanor cases prescribed by the Code of this State. Unlawful interest in city contract.

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SEC. 33. Be it further enacted, That the mayor and council shall have full power and authority to take up and impound any horse, mule, cows, hogs, sheep, goats or fowls running at large within the limits of said city or any part thereof, and to regulate and control the keeping of dogs in said city, and to provide for the impounding, muzzling, taxing and disposing of the same and to pass all such ordinances as may be deemed necessary for the carrying out of this section. Impounding of animals. SEC. 34. Be it further enacted, That the mayor and city council shall have full power and authority to fix and establish fire limits in said city, and from time to time to enlarge said fire limits or restrict or change the same and to provide a system of fire alarms should the same be deemed necessary. Said mayor and council shall also have the power and authority to regulate and inspect the character of all buildings hereafter erected in said city. They shall also have the power by ordinance to require building license to be issued by the proper officers to any party or parties to build or add to buildings in said city. Fire limits, protection, etc. SEC. 35. Be it further enacted that should the mayor or any officer of said city be guilty of any wilful neglect, mal-practice or abuse of power, he shall be subject to be indicted in the superior court of Walker County and upon conviction shall be punished as for a misdemeanor. Malpractice or neglect in office. SEC. 36. Be it further enacted, That the treasurer shall be custodian of the funds of said city, and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the mayor and council, and that the recorder shall be the keeper of the records of said city and he shall issue all processes and shall discharge all duties required of him by the laws, ordinances, or rules and regulations of said city, upon entering upon the discharge of their duty they shall take and subscribe an oath for the faithful performance of the duties of their respective offices and shall each give bond for the faithful performance of their duties in such sums as may be fixed by said mayor and council. Treasurer's duties. Recorder's duties. Oath and bond.

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SEC. 37. 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 any unauthorized arrest or false imprisonment that may be effected by the marshal or police of said city but if damages are ever thus received they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. False arrest or imprisonment, non-liability for. SEC. 38. Be it further enacted, That in case any sewer or parts of the same shall be located upon or through any private property, where such location would be for the public interest, and the owner or owners of such property refuse to grant a right-of-way for the purpose and such owner or owners and the authorities of the city cannot agree upon the damages to be paid for such right-of-way, the damage shall be assessed as in the case of property taken under condemnation proceedings for the purpose of opening, straightening or widening streets as provided in this charter. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal, upon the giving bond for the payment of any future damage that may be obtained. The city council shall also have the power and authority, when it is in their judgment necessary for the preservation of the health of the inhabitants of said city, to extend the system of sewerage or drainage beyond the limits of said city and the provision 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 that may be necessary for the purpose aforesaid. Sewers; damages assessed on condemnation proceedings. SEC. 39. Be it further enacted, That the city council shall have full power and authority for the preservation and protection of all sewers in said city to direct and control the time and manner and places where connection shall be made with said sewers and by whom the work is to be done and on what terms and conditions and to what extent surface water or drainage shall be permitted to flow into sewers and at what point, and generally all matters for the use, control

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and repair of sewers and sewer connections and the replacement of pavements and other adjacent structures in sanitary conditions shall be at all times exclusively under the direction and regulations of the city council in their fair and legal discretion. Sewers, regulation of. SEC. 40. Be it further enacted that the city council may provide by ordinance for the execution of the foregoing provisions as to sewers, sewerage and sanitation, except as to the taking of private property for the construction of sewers by and through such boards, committees or officers as they may deem best. SEC. 41. Be it further enacted, That the city council shall have power and authority to regulate the running of trains, automobiles, bicycles, motor cycles or 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 they may be run, the qualifications of the drivers thereof, the registrations of said machines and all other acts and things necessary or incident to the safety of the same and of the safety of the general public. Speed of trains, vehicles, etc. SEC. 42. Be it further enacted, That the city council shall have full power and authority to regulate the storing and keeping of gasoline, kerosine, benzine and other inflamable or explosive oils and the keeping or storing of gunpowder, dynamite, nitroglycerine and other explosives within the city limits. Dangerous substances. SEC. 43. Be it further enacted, That whenever any execution issued by the proper authorities of said city for fines, forfeitures, taxes license or any duty or demands due said city shall be levied on any property claimed by another person not a party to the execution said claim shall be investigated under the same rules, regulations or restrictions as regulate claim cases under the laws of this State, and said claims shall be tried by a jury in a justice court or superior court having jurisdiction thereof, as the case may be. Claims on levy.

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SEC. 44. Be it further enacted, That the said mayor and council shall have full power and authority to levy and collect an annual ad valorem tax not exceed four-tenths of one per cent on all the property real and personal within the limits of said city, which is taxable under the laws of this State, for the purpose of supporting, maintaining and bearing the general expenses of said city government; also an additional ad valorem tax not to exceed one and one-fourth of one per cent on all taxable property for the payment of any extraordinary expenses of said city. They shall also have power and authority to levy and collect an annual ad valorem tax on all taxable property in said city not to exceed thirty-five one-hundredths of one per cent for public school purposes as authorized by the Acts of the General Assembly of the State of Georgia providing for the establishment of a system of public schools for the city of LaFayette, and said taxes to be all added together and collected at the same time, but to be used only for the purpose for which each was levied; also an additional extraordinary tax not to exceed one-tenth of one per cent may be levied and collected for the following special purpose; for preventing, fighting, isolation, treating and stamping out yellow fever, small pox or other similar contagious or infectious diseases, including quarantine, quarantine houses and sanitary purposes, and to be collected and used for no other purpose, when in the judgment of the mayor and councilmen the necessities of the city may require. Tax ad valorem. Purposes. SEC. 45. Be it further enacted, That the mayor and council shall also have the rights and power to regulate all drays, hacks, automobiles and vehicles of every kind and description used in the city for hire in the transportation of passengers and freights or both, to provide for the regular inspection of the same and for the lighting the same at night and to fix the rate of fare and carriage for the same. Vehicles, regulation of. SEC. 46. Be it further enacted, That the mayor and council of said city shall annually appoint a board of health consisting of 3 citizens, one of whom shall be a regular licensed, practicing physician who shall be the city physician.

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They shall meet as often as may be necessary, investigate into the sanitary condition of the city and report to the mayor and the city council all nuisances likely to damage the health of the city. Upon such report being made by said board of health it shall be the duty of the mayor and council to cause such nuisance to be abated, and the recommendations of the board of health be carried out in a summary manner at the expense of the party whose acts causes said nuisances, or of the owner of the premises as the mayor and aldermen may elect. Said mayor and council upon the recommendation of the board of health shall have power and authority to cause the owners of lots and parcels of land in city to drain the same or to fill up the same to the level of the street or lands upon which they front, or to drain any pool of water thereon, also to compel the owners of cellars occasionally holding water to cause the same emptied of the water or fill up the same if necessary and in case the owner or owners of said lot or lots, parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agents to comply with the requirements of the mayor and council, by filling up said lots or parcels of land or by draining the same or by draining any pool of water thereon or by emptying or filling up such cellars, it shall be lawful for such mayor and council to cause the same to be done and for the amount expended for this purpose the recorder shall forthwith issue an execution against the owner of said property to be collected from said lot or parcel of land and the sale under the marshal shall pass the title to the property as completely to the purchaser as sale under judgment or execution by the sheriff of said county. Board of health. Nuisance abatement. Drainage. SEC. 47. Said mayor and city council shall also have authority, under the recommendations of the board of health, to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread of the same if found in the city. The power and authority conferred in this section may be exercised by the mayor and

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city council in their discretion without the recommendation of said board of health. Said mayor and council shall have power and authority at any time to fill any vacancy that may occur in said board of health. Diseases. Vacancy in board. SEC. 48. Be it further enacted, That the mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided by the constitution of this State and the general laws applicable to municipalities, and with the funds arising from the sale of said bonds thus issued, may refund any existing debt, establish, maintain or extend a system of waterworks, gas works, a system of electric lights, a sewer system and the disposal of sewerage, including the purchase of real estate either within or without the city, or they may grant franchises to any person or persons, firms or corporations to purchase, acquire, erect, own, operate, maintain or control waterworks, gas lights, electric lights, telegraph, telephone or street railway systems. They shall also have authority to erect public buildings or any improvement necessary for the welfare of the citizens of said city and to create a debt and issue bonds of said city for the above described purposes under the limitations herein stated. Debts and bond issues. Water, gas and electricity. Franchises. SEC. 49. Be it further enacted, That the mayor and city council shall have power to remove any forge, blacksmith shop or other buildings when in their opinion it shall be necessary to insure safety against fire. They shall have power to cause any stoves, stovepipe or other thing which shall endanger the city as to fire, to remove or remodel at the expense of the owner, as prudence shall dictate, and may pass all such ordinances as they may deem necessary for the protection of the public from fire. Fire protection. SEC. 50. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from judgment from said mayor's court to the mayor and city council of LaFayette upon the payment of the fine and the costs or upon making oath that he is

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unable to pay the fine and costs and in such event shall have the right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and council. The mayor and city council shall try all appeal cases denovo and may in their discretion affirm the judgment of the mayor, reduce or increase the punishment or acquit the defendant. Appeal on conviction. SEC. 51. Be it further enacted, That the mayor and city council shall have power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the maintenance of public peace, the protection of public health and all other matters which are not in conflict with the constitution and laws of this State or of the United States, as they may see proper to do and to prescribe and enforce penalties for violation of the same. General welfare. SEC. 52. Be it further enacted, That the mayor, upon complaint, supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near-beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or intent to, illegally sell or otherwise illegally dispose of the same, in a certain described place in said city, shall thereupon issue a search warrant, directed to the city marshal, commanding him to enter the suspected place, search for and seize the same, should any be found thereon, the officer making said search shall seize any such goods and shall hold the same in custody and make a return of his actings and doings to the mayor upon said warrant. The marshal shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in custody or control of the same, then upon the person or persons who seem to have control of the premises 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 keeping, storing, or selling of such alcoholic liquors, and if such questions be determined

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affirmatively, then the goods seized as aforesaid shall be destroyed by the city authorities, after the lapse of thirty days from the date of the judgment on the warrant, unless steps have been taken to have the finding reviewed by a higher court. The city marshal shall also arrest the person, or persons appearing to have said liquors under their control or appearng to have the premises on which the same are found under their control, and bring them before the mayor for trial; the mayor and council shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question. Liquors illegally kept, powers as to. SEC. 53. Be it further enacted, That the mayor and city council shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys, and lands of said city, upon such terms and in such manner as may be prescribed by ordinance. Street encroachments. SEC. 54. Be it further enacted, That it shall be the duty of the city marshal to prosecute all offenders against the laws of this State for crimes committed within the city limits, to arrest or cause to be arrested all persons committing or attempting to commit crime, and all disorderly persons, and to commit them to the guard house or the common jail of Walker County to await trial. It shall also be his duty to execute all processes and orders of the city and to discharge any other duties that may be imposed on him by the laws, rules, and ordinances of said city, and he shall give bond, for the faithful performance of his duty, in such sum as may be fixed by the mayor and council. Marshal's duties. SEC. 55. Be it further enacted, That the mayor and council are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the laws of this State or of the United States, to prohibit the storing, 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 LaFayette, and to punish any person or persons for violation of the same. Liquors, illegal storing of.

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SEC. 56. Be it further enacted, That beside the officers already provided for, that the mayor and council shall have power to elect or appoint for a full term or for such time as they see best, such other officers, agents, overseers, or workmen for the proper carrying out of this charter or for the proper government of the city of LaFayette. Other officers may be appointed. SEC. 57. Be it further enacted, That the mayor and council shall have power to protect places of public worship, to provide places for the burial of the dead and to regulate interments therein. Places of worship and burial. SEC. 58. Be it further enacted, That the mayor of said city, or the mayor pro tem., when acting as mayor, shall have power and authority to hold police court for the trial and punishment of all violators of the ordinances, rules and regulations of said city, and upon conviction, to punish said offenders by fine not to exceed one hundred dollars and costs, 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 or common jail of Walker County, not to exceed sixty days, or any one or more of these punishments may be ordered in the discretion of the mayor or mayor pro tem. trying said offender. When proceeding in such police court the mayor or mayor pro tem. shall have power to punish for contempt by fine not exceeding twenty-five dollars or confinement in the guard house or common jail of Walker County not exceeding thirty days. The mayor who presides in said police court may call said court when he may deem it proper and necessary to clear the guard house or the docket of said court. In the absence of the mayor, or should he for any reason be disqualified to try any case or cases against any violators of the ordinances, rules or regulations governing said city of LaFayette, the mayor pro tem. shall have the power to hold said police court, or should he be absent or for any reason be disqualified, any councilman of the city shall have power to hold police court. Police court, powers of. SEC. 59. Be it further enacted, That all warrants, summons and precepts issued by the mayor or councilmen of

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the city of LaFayette, or by the recorder, bearing test in the name of said mayor, shall be directed to the marshal, deputy marshal, or police of said city, and the said mayor or council shall have the power to issue subpoenas, or cause the same to be issued by the recorder, to compel the attendance of parties or witnesses to the mayor's court and the meeting of said mayor and councilmen. The said mayor and councilmen shall have full power and authority to take and receive from all parties and witnesses such bond as they may deem necessary to secure the attendance of said witnesses and parties, and to pass all ordinances to carry their behest into effect, to forfeit and collect said bonds in the same manner that such bonds are forfeited in the superior courts of this State. Warrant, summons, etc. SEC. 60. Be it further enacted by the authority aforesaid, That Section 7, of the Act of 1909, amending Section 41, of the Act of 1903, beginning on page 1010 and ending on page 1015, be, and the same is hereby repealed. Repeal of Section 7 of Act of 1909. SEC. 61. Be it further enacted by the authority aforesaid, That Section 41 of the Act of 1903, on page 564 and 565, be amended by striking out the word one-fourth in the fourth and fifth, and after the word exceed in the fourth line and preceding the words of one per cent in the fifth line, and inserting in lieu thereof the words, thirty-five one-hundredths; also by adding after the word section and before words to elect in the twelfth line on page 565, the words or so much thereof as may be necessary; also by striking out after the word of and before the word citizens in the thirteenth line, the word seven and inserting in lieu thereof the word six; also by striking out the words one vacancy after the word than and before the word annually in the seventeenth line and inserting in lieu thereof the word two vacancies; also by adding to the end of said section the words, Said board of education shall be required annually, in January, to make and publish a financial statement of the business of the preceding year, showing all moneys received and from what source received and of all moneys expended by said

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board and to whom and for what paid. Be it further enacted by the authority aforesaid, That no citizen shall be eligible to servc as mayor or councilman and as a member of the board of education at the same time. So that said Section 41 when amended shall read as follows: Be it further enacted by the authority aforesaid, That the mayor and city council of the city of LaFayette, are hereby authorized to levy a tax annually in addition to that authorized in Section 13, of this charter, not to exceed thirty-five onehundredths of one per cent on all the property within the corporate limits of said town, both real and personal, which is subject to taxation under this charter, for the purpose of establishing and maintaining a system of public schools in and for said city of LaFayette; provided, the funds so raised shall be used only for the purposes set forth in this section; and provided further, that before this section shall take effect and become operative, the mayor of the city of LaFayette shall order an election, giving at least thirty days notice thereof, by advertising said notice once a week for four weeks, in some newspaper published in said town, to ascertain the will of the qualified voters under this Act at said election, whether public schools shall be established or not in said city. All persons voting at said election shall have written or printed on their ballots For Public Schools or Against Public Schools; and if the question shall be decided affirmatively by the necessary constitutional majority, it shall be the duty of the mayor and council to levy the tax authorized in this section, or so much thereof as may be necessary, to elect a board of trustees for said public school composed of six citizens of said city, whose qualifications shall be the same as that for mayor of said city, and whose term of office shall be prescribed by ordinance by the mayor and council; provided, that after the first election of said board of trustees, there shall not become more than two vacancies annually, in said board, except by death, resignation or removal. Said board of trustees shall devise, design and adopt a system of thorough instruction in said city, and shall have exclusive jurisdiction over all the schools established under said system, and said

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board of trustees is hereby empowered to modify the same from time to time as circumstances may require; they are hereby empowered to establish such schools as they may deem proper; to appoint, remove or suspend teachers in their discretion; to fix salaries for teachers; to fix such incidental or matriculation fees as they may deem proper; to prescribe a curriculum or course of study; to make such bylaws, rules and regulations for the control of said schools as they may think proper, in their discretion; to make such arrangements with any educational institutions that are now in said city or that may be established in said city that may be deemed proper to carry out the provisions of this Act or any part thereof, and to perform such lawful acts as may be necessary, conducive to the proper and successful operation of said school system; provided, however, should said question at the school election aforesaid be decided negatively, the mayor of said city is authorized to order other elections upon the same question; provided further, that twelve months shall have elapsed since said last election. The qualifications for voters in said election shall be the same as those required under this Act in elections for mayor and aldermen, except that voters under this section shall not be required to register. Said board of education shall be required annually, in January, to make and publish a financial statement of the business of the preceding year, showing all moneys received and from what source received and of all moneys expended by said board and to whom and for what paid. Act of 1903, Section 41, amended. To be read as amended. School tax. Election. Ballots. Board of trustees. Schools. Further elections. Be it further enacted by the authority aforesaid, That no citizen shall be eligible to serve as mayor or councilman and as a member of the board of education at the same time. Eligibility of mayor, councilmen, and board members. SEC. 62. Be it further enacted by the authority aforesaid, That after the passage of this Act, the members of the board of education now holding said offices shall serve until their present terms of office have expired and until their successors shall have been elected by the mayor and council as provided by this Act. Board of education, terms of office.

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SEC. 63. 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 LaFayette, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, for the health, interest and welfare of the citizens of said city. They shall have the power and authority to improve, beautify and keep up the same, and to that end 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. Parks. SEC. 64. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended or arrested, whenever 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 punishment therefor not exceeding penalties herein 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. Prison. SEC. 65. 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. Idling and loitering.

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SEC. 66. Be it further enacted, That any officer of said city of LaFayette, who may be sued for any act done in his or their official capacity, may be justified under this charter and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and councilmen of said city, or either of them, for any act done by them, or either of them, under and in accordance with the ordinance passed in pursuance thereto. Officer may justify hereunder. SEC. 67. Be it further enacted by 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, 1914. LAVONIA, CITY OF, CHARTER AMENDED. No. 522. An Act to amend an Act approved July 30, 1908, amended and approved August the 16-18, 1913; entitled an Act to incorporate the city of Lavonia in the counties of Franklin and Hart; to provide for the questions of contest of any elections held in said city; to incorporate for said city a system of registration for all voters of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 8 of this Act approved, July 30th, 1908, incorporating the city of Lavonia, be, and the same is, hereby amended by striking from said section all of said section number 8, after the first eight lines, and inserting in lieu thereof the following: That said mayor and council shall not declare the result of any election held in said city, until 24 hours shall have expired after the closing of the

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polls, and as soon as practical thereafter, if no notice of contest has been filed, the said mayor and council shall declare the result of the election. If any one desires to contest any election held in said city the procedure shall be as prescribed by the general laws of this State. Act to 1908 amended. Election; declaration of result, and contest. SEC. 2. Be it further enacted by the authority aforesaid, That Section 9, of said Act be, and the same is, hereby amended by striking all of said Section 9, of said Act, and inserting in lieu thereof a new Section which shall be known as Section 9, and shall read as follows: That all persons qualified to vote 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 three months in said city 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 in said city. Voters qualified. SEC. 3. Be it further enacted, That it shall be the duty of the clerk of said city, upon the first Monday in October, 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 second Monday in November following thereafter, when it shall be fairly and absolutely closed. Said clerk shall not knowingly allow anyone 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, and in the city of Lavonia three months, next preceding their 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 of you by the laws of this

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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 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 the list to the clerk to be by him safely kept and preserved. Registration of voters. Oath of voter. List of voters to be purged and certified. Duty of election managers. 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. Special election, registration for. Notice of the opening of the registration books for all elections shall be given in such a manner as the mayor and council shall prescribe, at least twenty-five 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 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 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

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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 twenty-four 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. Omission of name. Illegal voting. Revision of list of voters. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 17, 1914. LEESBURG, TOWN OF, INCREASE OF TAX RATE. No. 329. An Act to amend Section 16, of the Act approved December 21, 1898, Georgia Laws 1898, to establish a new charter for the town of Leesburg in the county of Lee, so as to increase the rate of ad valorem tax from one-half to one per cent., 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 16 of the Act approved December 21, 1898, Georgia Laws 1898, to establish a new charter for the town of Leesburg, in the county of Lee, be and the same is, hereby amended by striking out the words one-half in the third line of said section, and substituting in lieu thereof, the word one, so that said section when so amended shall read as follows: Act of 1898 amended. To be read as amended. SEC. 16. Be it further enacted, That the mayor and council shall have power to levy and collect an ad valorem tax, not to exceed one per cent (except for extraordinary

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purposes), on all taxable property within the corporate limits of said town, and which are taxable by the laws of this State; to prescribe by ordinance the time, place, manner, rules or regulations for making returns by the taxpayers of said town of their property for taxation and any taxpayer who shall fail so to return this property for taxation shall be double taxed, and such double tax shall be collected as other taxes. It shall be the duty of the mayor and council to closely scan all returns of property for taxation, and appraise and value all property which may be returned at less than its true value; provided, that written notice shall be given by the clerk to all who have made unsatisfactory returns to appear at a day set by such mayor and council and show cause why said property should not be so appraised. Tax rate and returns. 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, 1914. LOGANVILLE, CITY OF, CHARTER AMENDED. No. 414. An Act to amend an Act entitled, An Act to incorporate the town of Loganville, in the counties of Walton and Gwinnett, and define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes, in Acts of General Assembly of Georgia 1905, pages 936 to 954, as amended by Acts of 1909, pages 1021 to 1024, so as to change the name of said municipal corporation to that of City of Loganville, extend the

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corporate limits thereof; change the terms of office of the mayor and councilmen and times of election; make the mayor of said city of Loganville ex-officio chairman of the board of education thereof, and for other purposes. SECTION 1. Be it, and it is, hereby enacted by the General Assembly of the State of Georgia, That Section 1, of the Acts of 1905, page 936, of said General Assembly, incorporating the Town of Loganville, in the counties of Walton and Gwinnett, in said State, be and the same is, hereby amended and repealed, and the following substituted in lieu of Section 1, of said Act, to-wit: That the inhabitants of the territory embraced within the limits of one mile in every direction from a point in said city of Loganville, known as the public well near the northwest corner of the storehouse of W. H. Braswell, be incorporated under the name and style of the City of Loganville, thereby extending the limits and changing the name of said municipal corporation; and when so changed by this Act, the ordinances, by-laws, rules and regulations of said city shall extend to and govern the inhabitants and property of the newly acquired territory, as well as the old, without re-enactment. Act of 1905 amended. Territorial limits extended and name changed. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3, of said Act of 1905, providing for elections of mayor and councilmen and prescribing their terms of office, be and said Section 3 is hereby amended, changed and repealed, by substituting the following in lieu of said section, to-wit.: That beginning with the year 1914, the mayor and councilmen of said city, shall be elected on the 1st Thursday in December by the qualified voters of said city who are entitled to vote under the laws thereof, and the mayor so elected shall hold office for a term of two years and until his successor is elected and qualified, and all subsequent elections for mayor shall be held biennially, the terms of office, except to fill vacancies, to be two years and until the election and qualification of a successor. If a vacancy occurs by death, removal, resignation or otherwise, a special

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election shall be called by the council, except as hereinafter provided, and notices of the same shall be posted 30 days before the date of said election, at three or more public places in said city, stating when such election will be held and for what purposes; and said election shall be held under the same rules and regulations governing in the regular elections for mayor and councilmen; provided, however, if such vacancy occurs at a time of not more than three months just prior to the expiration of the term of office of such mayor, vacating, the mayor pro tem. of said city shall Act as mayor until the next regular election for mayor. That beginning with the year 1914, six councilmen shall likewise be elected for said city on the 1st Thursday in December, and the three receiving the highest number of votes shall hold their offices for a term of two years and the other three receiving next highest number of votes shall hold their offices for a term of one year or if on account of ties in such election the matter cannot, in this way, be determined, the mayor shall proceed to have the six men elected as councilmen, to draw for their terms of office by ballots prepared and placed by him in a box or other receptacle three of said ballots to have written or printed on them the words two years and the other three to have written or printed on them the words one year; the councilmen drawing the ballot out of said receptacle, and holding their offices according to the term designated on the ballot drawn by each. That subsequently, and beginning with the 1st Thursday in December, 1915, elections for three councilmen shall be held each year, and thereafter all councilmen shall hold their offices for terms of two years, except to fill vacancies for unexpired terms, and in the case of a vacancy caused by the death, resignation, removal or otherwise of a councilman, if such vacancy occurs at a time more than three months prior to a regular election for councilmen the mayor and council, may in their discretion, call a special election to fill such vacancy in the same manner provided for an election to fill a vacancy in the mayor's office or if such vacancy occurs not over three months before such time for a regular election of councilmen, the remaining members of council

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may constitute the Council. But if there happens to be more than one vacancy for a period of time of more than three months before the time for a regular election for councilmen, a special election shall be called to fill such vacancies as special elections are called and held for mayor. In cases of all vacancies in council for a period of time not exceeding three months, the mayor and council, may by a majority vote of the remaining members, fill such vacancies, and in such short term election to fill vacancies the mayor shall be allowed to vote. All elections for mayor and councilmen, shall be held at the mayor and council chamber, or justice's court room in said city. Election and terms of mayor and councilmen. Vacancy in office. SEC. 3. Be and it is further enacted by the authority aforesaid, That Section 47, Acts 1905, page 952, providing for a board of education, terms of office of its members, qualification and time of election, be, and it is, hereby amended by adding after the last work, in the last line of said section of said Act, the following; That the mayor of the city of Loganville, shall be ex-officio a member and the chairman of said board of education; he shall preside over its meetings, and he shall be permitted to vote on questions and elections before said board, in case of a tie only. At the first meeting of the board after the passage of this Act or as soon thereafter as practicable, the board shall elect from its members a vice-chairman, who shall be the chairman and preside at all meetings of the board in the absence of the mayor or chairman as aforesaid, with the same restrictions as to his vote while so presiding. Mayor a member of board of education. SEC. 4. Be it further enacted by the authority, That each and every section of said Act of 1905, pages 536 to 954, incorporating the town of Loganville, be, and it is, hereby amended by striking from said Act the words, town of Loganville wherever they appear, and insert in lieu thereof the words, city of Loganville, and that each and every section of the amendatory Act of 1909, pages 1022 to 1024, be and the same is amended by striking from said amendatory Act the words, town of Loganville, wherever

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they appear, and inserting in lieu thereof the words, City of Loganville. Town changed to city. SEC. 5. Be it further enacted by authority aforesaid, That all laws in conflict with this amendment be and the same are hereby repealed. Approved August 12, 1914. LOUVALE, TOWN OF, CHARTER REPEALED. No. 459. An Act to repeal an Act entitled an Act to incorporate the town of Louvale in the county of Stewart, State of Georgia, and to provide for the election of a mayor and councilmen, and define their powers and duties, and prescribe certain police regulations, etc., and for other purposes, approved December 4th, 1893. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that an Act to incorporate the town of Louvale in the county of Stewart, State of Georgia, and to provide for the election of a mayor and councilmen, and define their powers and duties, and prescribe certain police regulations, and for other purposes, approved December 4th, 1893, be, and the same is, hereby repealed. Act of 1893 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914.

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LYONS, CITY OF, SCHOOL BONDS. No. 386. An Act to amend an Act entitled, An Act to incorporate the city of Lyons, in the county of Toombs, Georgia, approved August 7, 1907, so as to authorize the mayor and city council of said city of Lyons to issue bonds of said city, not exceeding ten thousand dollars, for the purpose of building and equipping a school auditorium, and repairing the public school buildings in said city of Lyons; to provide for an election by the voters of said city on the question of the issuing of said bonds; to provide for the payment of the principal and interest on said bonds; to provide how and by whom the money derived from the sale of said bonds shall be disbursed, 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 Lyons, in the county of Toombs, Georgia, approved August 7, 1907, page 764, of the Acts of 1907, be, and the same is, hereby amended as follows: In addition to the authority granted to said city of Lyons in said Act to issue its bonds, either for the payment of its debts, for the erection of public buildings, or for any other public improvement or the maintenance thereof, that the mayor and council of said city of Lyons be, and they are, hereby authorized to issue bonds of said city of Lyons, not to exceed ten thousand ($10,000) dollars, said bonds to be of such denomination, and to become due and payable at such time or times, not exceeding thirty years after the date of the issuing thereof, as the mayor and council of said city of Lyons may determine; said bonds to bear interest not exceeding six per cent per annum, the proceeds from the sale

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of said bonds to be used by the board of education of the present public school system of said city of Lyons, created by an Act of the General Assembly of the State of Georgia, approved August 19, 1907, Acts of 1907, page 780, for the purpose of building and equipping a school auditorium and repairing the public school buildings and maintaining the same in said city of Lyons. Act of 1907 amended. Bond issue for public school system. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and council of said city of Lyons are hereby authorized and required, as soon as the same is received by them, to turn over to the treasurer of said board of education of said city of Lyons, all proceeds derived from any sale of bonds authorized by this Act, and to be used by said board of education for said city of Lyons for the purposes mentioned in Section one of this Act. Proceeds of sale of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Lyons be, and they are hereby authorized and empowered to levy, assess and collect, in addition to the taxes authorized to be collected under the present charter of said city of Lyons, a sufficient tax on all of the taxable property of said city of Lyons to pay the interest on said bonds when due, and to provide a sinking fund for the payment of said bonds when they mature. Bond tax. 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 council of said city of Lyons shall comply in all respects with the general laws of this State embodied in Sections 440, 441, 442, and 443, of the Code of 1910, and if said issue of bonds herein authorized is ratified by a two-thirds vote of the qualified and registered voters of said city of Lyons, then it shall be the duty of the mayor and council of said city of Lyons to issue, sell and appropriate the proceeds of said bonds in accordance with the provisions and stipulations in this Act. Election for bonds.

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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 12, 1914. MACON, CITY OF, TAXING POWER. No. 320. An Act to amend Section LXXIX of the Act creating a new charter for the city of Macon, approved November 21, 1893. SECTION 1. The General Assembly of the State of Georgia does hereby enact, That from and after the passage of this Act, Section LXXIX of the Act creating a new charter for the city of Macon, approved November 21, 1893 (Acts of 1893, page 263) be, and the same is, hereby amended by striking from said section, beginning in the seventeenth line thereof, the following words, to-wit.: They shall likewise have power to levy and collect a street tax upon each male inhabitant of the city between the ages of twenty-one and forty five years; provided, such street tax shall not exceed the sum of five dollars for each person, and such person may satisfy the same by working ten days on the streets under the direction of the city authorities. In case of failure so to work or pay such tax the mayor and council may enforce the same by execution, or by compulsory labor thereon, at their discretion, so that said Section when amended will read as follows: Act of 1893 amended. Street tax provision stricken. To be read as amended. SECTION LXXIX. Be it further enacted, That the mayor and council of the city of Macon shall have power and authority to levy and collect a tax upon all property real and personal, within the limits of the city; upon banking,

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insurance and other capital employed therein; upon salaries and incomes derived from property within the city; and upon gross sales within the city; provided, that no tax upon real estate or personal estate or property shall exceed one and one-quarter per cent; upon the value thereof. They shall have power to levy and collect a tax upon factors, brokers and vendors of lottery tickets, upon agents or managers of gift enterprises and upon all persons exercising within the city any profession, trade, calling or business of any nature whatever; provided further, that the tax upon professions shall in no case exceed the sum of ten dollars upon each person exercising such profession. The said mayor and council shall also have the power to tax all theatrical performances, exhibitions or shows of any kind within the corporate limits of said city. Taxing powers stated. 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, 1914. MACON, CITY OF, COUNTY CHAINGANG. No. 391. An Act to amend the Act creating a new charter for the city of Macon, approved November 21, 1893, so as to provide for the regulation and control of the county chaingang of Bibb County; to require said county chaingang to work the public streets and alleys of the city of Macon; to prescribe under whose direction and for what period of time said county chaingang shall be so employed; and for other purposes.

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SEC. 1. The General Assembly of the State of Georgia does hereby enact, That from and after the passage of this Act it shall be the duty of the county board of commissioners for Bibb County and the road commissioners of Bibb County to work the entire county chaingang upon the public streets and alleys of the city of Macon for a period of two months during the present year, 1914, and for a period of four months of each calendar year thereafter under the absolute control, supervision and direction of the mayor and council of the city of Macon. County chaingang to work on streets of city of Macon. SEC. 2. Be it further enacted, That said four months period shall not be construed to necessarily mean four consecutive months, but the mayor and council of the city of Macon shall have the right and privilege to elect when and for how long said county chaingang shall be employed within the corporate limits of said city; provided however, that the mayor and council shall give the road commissioners of Bibb County thirty days written notice of the date upon which and the period of time for which the mayor and council desire to so employ said county chaingang. Time of working, notice. SEC. 3. Be it further enacted that the said county chaingang while employed at work within the limits of the city of Macon as hereinbefore provided shall be under the complete control, supervision and direction of the mayor and council of the city of Macon or such municipal officer as the mayor and council by resolution shall designate, and it shall be the duty of the road commissioners of Bibb County to furnish to the mayor and council of the city of Macon all of the country's live stock, road working machinery, appliances, tools and general equipment connected with road working to be used by said county chaingang in working the public streets and alleys of said city. Controlled by city. Duty of road commissioners. SEC. 4. Be it further enacted, That the entire expense necessary to the maintenance, custody and control of said county chaingang while so employed in working the said streets and all other expenses incident to the proper working of said streets shall be borne by the county of Bibb. The

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county tax assessed against the real and personal property lying within corporate limits of the city of Macon being hereby declared sufficient to defray all of said expenses. Expense of county. SEC. 5. Be it further enacted, That all damage which may be done to water and gas service pipes and mains, wires and other similar underground property by said county chaingang in working said city streets shall in no event be chargable to the county of Bibb. The liability of the mayor and council of the city of Macon as now fixed by law for damage to property owners arising from working and grading the streets and alleys of said city shall in no wise be changed by reason of said work being done by the said county chaingang. Damage not chargeable to county. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. MACON, CITY OF, UNION PASSENGER STATION. No. 415. An Act to amend an Act to create a new charter for the city of Macon, approved November 21st, 1893, and the several Acts amendatory thereof, to make provision for the building of a union passenger station in the city of Macon, and for other purposes. WHEREAS, under an Act of the General Assembly, approved August 18th, 1913, entitled An Act to amend 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, provision is made for

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closing and discontinuing Cherry Street between 5th and 6th Streets, and Wall Street Alley between 5th and 6th Streets, in the city of Macon, and for the building of a union passenger station upon the land now occupied by said portion of Cherry Street and Wall Street Alley; and whereas, it was contemplated when said Act was passed that the said union passenger station would be constructed, and the title thereof would be in Central of Georgia Railway Company; and whereas, Macon Terminal Company has been incorporated for the purpose of owning, building and operating said union passenger station, and Central of Georgia Railway Company intends to convey to said Terminal Company so much of the land on both sides of said Cherry Street, between 5th and 6th Streets, as may be necessary for said depot and its approaches and tracks. Preamble. Act of 1893 amended by Act of 1913. SECTION 1. Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That said portion of Cherry Street and Wall Street Alley which shall be necessary to be used and occupied by said union passenger station upon the same terms, conditions and limitations as are set forth in said Act approved August 18th, 1913, and said union passenger station shall be built and operated upon the same terms, conditions and limitations as are set forth in said Act approved August 18th, 1913, and that all the powers, rights and privileges as are conferred in said Act on the Central of Georgia Railway Company with respect to building said union passenger station of said portion of Cherry Street and Wall Street Alley, are hereby conferred on the Macon Terminal Company. Powers and rights under Act of 1913 conferred on Macon Terminal Company. SEC. 2. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall relieve the Central of Georgia Railway Company from any of the obligations or liabilities cast upon it or assumed by it under said Act approved August 18th, 1913, or with any order of the Railroad Commission with respect to the building of said union passenger depot, until said depot shall be built and put in operation. Central Railway Company not relieved.

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SEC. 3. Be it further enacted, That Macon Terminal Company shall join with Central of Georgia Railway Company in paying for any and all property damages which property owners may sustain by reason of closing the portions of Cherry Street and Wall Street Alley between 5th and 6th Streets, and said Central of Georgia Railway Company and Macon Terminal Company shall be jointly and severally liable therefor; and the condemnation proceedings therein provided for shall be conducted in the joint names of Central of Georgia Railway Company and Macon Terminal Company; and such portions of Cherry Street and Wall Street Alley lying between 5th and 6th Streets as shall not be used and occupied by Macon Terminal Company shall upon compliance with all the conditions prescribed by the said Act of August 18th, 1913, be and become vested in Central of Georgia Railway Company, and its assigns. Damages from closing of streets. Condemnation proceedings. SEC. 4. Be it further enacted by the authority aforesaid, That the said Macon Terminal Company shall proceed promptly to build said passenger depot, and should it fail so to do, the Central of Georgia Railway Company shall proceed without delay to build and complete said passenger depot under the orders of the Railroad Commission of Georgia. Prompt building required. 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 12, 1914. MACON, CITY OF, NEW CHARTER. No. 485. An Act to create a new charter for the city of Macon, and to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto, 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 municipal government of the city of Macon shall consist of a mayor and twelve aldermen, who are hereby constituted a body corporate under the name and style of the city of Macon, and by that name and style shall have perpetual succession; shall have a common seal, and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain any estate, or estates, real or personal, of whatsoever kind or nature, within the jurisdictional limits of the city of Macon; and shall, by the same name, be capable to sue and be sued in any court of law or equity in this State; and shall succeed to all the rights, powers, privileges and immunities, and be subject to all the penalties, forfeitures and liabilities of the present municipal corporation known as the mayor and council of the city of Macon. Every right, title, claim or interest in property, real and personal, legal or equitable, contingent or vested, present or future, and every note, bill, bond, chose in action or demand of any kind now held, claimed or owned by the mayor and council of the city of Macon shall and does hereby pass to the city of Macon, along with every right, power and privilege to onforce such right, title, claim or demand in its own name, as was enjoyed by the mayor and council of the city of Macon. And every right, title, claim or demand of any character against the mayor and council of the city of Macon may be enforced, set up and established against the city of Macon to the same extent that such right, title, claim or interest could have been set up and established against the mayor and council of the city of Macon, and the city of Macon shall be liable on all such rights, claims and demands to the same extent, and no more, than would the mayor and council of the city of Macon had its name not been changed to that of the city of Macon. All officers, agents and employees of the mayor and council of the city of Macon shall continue in their offices and the discharge of their duties under the city of Macon, with the same rights, powers, privileges and immunities, and subject to

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the same liabilities, and for the same terms and compensation, in the same manner, and to the same effect, that they would have been authorized, empowered and liable had not the city of Macon succeeded the mayor and council of the city of Macon. City of Macon incorporated. Government and general powers. Existing rights reserved. Existing liabilities. Present officers hold. SEC. 2. The corporate limits of the city of Macon shall include all of the territory embraced and lying within the following boundary lines, to-wit.: Beginning at the center of the Ocmulgee River, at a point where an extended line along the east side of Seventh Street in the city of Macon crosses the Ocmulgee River; run along said continuing line in a northeasterly direction 1,432.6 feet to a point where this line meets the south line of the Central of Georgia Railway right-of-way; thence angle right and follow the south line of the Central of Georgia right-of-way 2,199.5 feet, to a point where it crosses the line between original county lots seventy-five and seventy-six, Macon Reserve, east side of the Ocmulgee River; thence angle left 88 degrees along line between county lots seventy-five and seventy-six 2,610 feet to a point where it meets east side of the Milledgeville Road (or Main Street); thence angle right 65 degrees 25 minutes along the east line of the Milledgeville Road (or Main Street) 1,080 feet to a point where it meets the east line of Reese Street; thence angle left 65 degrees 16 minutes along east side of Reese Street 2,144 feet to county lot line dividing lots fifty-two and forty in said reserve; thence angle left 90 degrees along lot line dividing lots fifty-two and forty, fifty-three and thirty-nine, fifty-four and thirty-eight, in said reserve, 5,142.2 feet to line dividing lots fifty-four and fifty-five, thirty-seven and thirty-eight in said reserve; thence angle right 90 degrees along line dividing lots thirty-seven and thirty-eight in said reserve 3,236 feet to a point where same crosses rocky branch; thence angle left 143 degrees and run south 37 degrees west 660 feet to a point where the Boulevard intersects Boundary Avenue; thence south 45 degrees west 430.5 feet to stone; thence south 60 degrees 30 minutes west 299 feet to stone; thence south 73 degrees 30 minutes west 219 feet to stone; thence south 75 degrees

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33 minutes 916 feet to hackberry tree; thence south 66 degrees west 973 feet to point in line with College Street; thence along line with College Street south 18 degrees 15 minutes west 275 feet to a stone; thence south 46 degrees east 1,240 feet to south side of Boulevard, North Highlands; thence along the south and west sides of Boulevard to center of Ocmulgee River; thence angle right and run along center of Ocmulgee River to point where Boundary Avenue crosses same; thence south along Boundary Avenue to east side of Gustin Avenue; thence along east side of Gustin Avenue in a northwesterly direction 1,145.4 feet; thence angle left 54 degrees 26 minutes along the north boundary line of Lynwood Cemetery 1,895.7 feet to point where said line intersects alley 137 feet east of center of Grant Street; thence angle right 28 degrees 57 minutes and run along north line of alley 634 feet to center of Forest Avenue; thence angle left 90 degrees and run 267 feet along Forest Avenue to center of street; thence angle right 69 degrees 31 minutes and run 2,327 feet to east side of Rogers Avenue; thence angle left 83 degrees 34 minutes and run 480 feet along Rogers Avenue to line of fence; thence angle right 89 degrees 30 minutes and run 1,627 feet to center of Buford Place; thence angle right 80 degrees 15 minutes and run 224 feet along center of Buford Place to north line of McDonald Avenue; thence angle left 84 degrees 56 minutes and run 764 feet along north line of said street to west line of Pearce Avenue; thence angle left 87 degrees 24 minutes and run 695 feet along west line of Pearce Avenue to north line of an alley; thence angle right 85 degrees 27 minutes and run 997 feet along north side of said alley to the west side of Holmes Avenue; thence angle left 96 degrees 14 minutes and run 938 feet along west side of Holmes Avenue to the north line of Vineville Avenue; thence angle right 106 degrees 58 minutes and run 74 feet along north line of Vineville Avenue to a point opposite fence of St. Stanislaus College; thence angle left 62 degrees 47 minutes and run 1,349 feet along the line of fence of St. Stanislaus College to a point west of Central of Georgia Railway; thence angle left 32 degrees 1 minute

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and run 2,340 feet along the line of the center of Crescent Avenue to a point beyond where Crescent Avenue bends to the right; thence angle right 91 degrees 53 minutes and run 406 feet along Crescent Avenue to a point 90 feet west of east curb line of Inverness Avenue; thence angle left 92 degrees 27 minutes and run 956.5 feet along roadway; thence angle right 0 degrees 27 minutes and run 718.7 feet along said roadway; thence angle left 4 degrees 10 minutes and run 713.8 feet to center Columbus Road; thence angle left 105 degrees 0 minutes and run 2,117 feet along Columbus Road to a point 2 feet beyond the center of manhole at Pio Nono Avenue; thence angle 108 degrees 50 minutes right and run 2,281 feet to center of Dempsey Avenue; thence angle left 90 degrees along the center of Dempsey Avenue 2,349.7 feet to center of Fourth Avenue or South College Street and Plant Street; thence angle right 55 degrees 34 minutes along Fourth Avenue or South College Street 414 feet to center of First Street in original land lot thirty-three, Macon Reserve, west; thence angle left 90 degrees along First Street 603.7 feet to center of Plant Street; thence angle right 34 degrees 28 minutes along center of Plant Street 109.7 feet to center of Sixth Avenue or White Street; thence angle right 56 degrees 47 minutes along center of White Street 3,773 feet to a stone in center of White Street and Central Avenue; thence angle left 91 degrees 3 minutes and run 26 feet to point in Central Avenue on line with cemetery fence; thence angle right 90 degrees and run 1,079 feet along said line of cemetery fence to south line of road; thence angle left 74 degrees 25 minutes and run 883 feet along south line of said road to the west line of Houston Avenue; thence angle right 95 degrees 44 minutes and run 990 feet along west side of Houston Avenue to the south line of a street; thence angle left 111 degrees 25 minutes and run 1,662 feet along said south line of said street to a point on east line of a street; thence angle left 90 degrees 31 minutes and run 1,179 feet along east line of said street to south line of a street; thence angle right 91 degrees 38 minutes and run 1,856 feet along south side of said street to center of Waterville Road; thence

Page 986

angle left 87 degrees 30 minutes and run 1,255 feet along Waterville Road to north line of alley and lot line between lots forty-five and sixty-three, Macon Reserve, west; thence angle right 86 degrees 51 minutes and run east 4,950 feet to the point where it intersects with the southeastern boundary line of the city reserve extended towards the southwest; thence angle left 55 degrees 30 minutes and run to and along the southeastern boundary line of the old city reserve 6,740 feet to center of Ocmulgee River; thence angle left and run up the center of Ocmulgee River to starting point. Territorial limits defined. SEC. 3. That territory contiguous to the corporate limits of the city of Macon may be incorporated into and as a part of said city by the consent of the mayor and council of said city of Macon and a majority of the persons residing in said territory sought to be so incorporated qualified by law to vote for members of the General Assembly of this State, and who have duly registered, qualified and voted, as hereinafter provided. Annexation of contiguous territory, how effected. (a) That it shall be lawful for as many as fifty (50) qualified voters residing in any of the territory which is sought to be incorporated, contiguous to the corporate limits of said city of Macon, to petition the mayor and council of said city for incorporation of said territory into and as a part of said city, which petition shall particularly describe the metes and bounds of the territory sought to be incorporated and shall be signed by said petitioners and filed with said mayor and council, and thereupon, if the said mayor and council shall approve the same, said approval by resolution shall be filed with the clerk of Bibb Superior Court, and thereupon the judge of said court shall order an election by the persons residing within said territory sought to be incorporated, qualified to vote, as aforesaid, and who have duly registered and qualified as hereinafter provided. Petition. Election. (b) That all persons qualified to vote for members of the General Assembly of this State in the county of Bibb, and who are and have been for thirty days immediately preceding said election bona fide residents of said territory

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sought to be incorporated as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered, as aforesaid. Voters qualified. (c) That it shall be the duty of the judge when an election is ordered, as aforesaid, to fix the time when said election shall be held, and to designate within said territory sought to be incorporated such number of voting places as the size of said territory sought to be incorporated and the convenience of the persons residing therein may seem to require. Voting places. (d) That it shall be the duty of the judge, when an election is ordered as aforesaid, to appoint three freeholders for each voting place from said territory sought to be incorporated, who shall be qualified to vote at said election, to manage said election. Said managers' duties shall be the same, and they shall take the same oath as those duties prescribed and oath required by said Act for managers holding elections for the said city of Macon. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said city. Managers of election. (e) That if any person offering to vote at said election ordered and held as aforesaid is challenged he shall take the same oath as is now prescribed for voters in this Act, except that part of said oath which reads as follows, to-wit: and in the city of Macon three months next preceding said election, but shall swear in lieu thereof, and in addition to the balance of said oath: I am bona fide resident of the territory sought to be incorporated, and have been for thirty days next preceding said election. Oath of challenged voter. (f) That when an election is ordered as aforesaid, it shall be the duty of the two registrars to be appointed by said judge to act as registrars for said election, and they shall open books at the court house for the signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least seven days, exclusive of Sundays, before the

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date fixed for said election, from 7 o'clock A. M. to 8 o'clock P. M. It shall be the duty of the judge to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within three days after the last day of registration and immediately turned over to the clerk of the superior court. In making up the registry of the voters, the said registrars shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Certificates of registration shall be furnished on application at the time of registration. Registration of voters. (g) That the qualifications necessary for registration as aforesaid shall be the same as the qualifications prescribed for voters in said city, with the following exceptions, to-wit.: That the qualification, as follows, and in the city three months, shall not be required, but in lieu thereof, and in addition to the other qualifications, the person shall be at the time he offers for registration and shall have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated as aforesaid. Also that part of the oath prescribed, as follows: That I will have resided for the last three months in the city of Macon 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 an opportunity to pay, agreeably to law, since the adoption of the present constitution, except for the year of election, shall not be required, but in lieu thereof, and in addition to the balance of said oath, the person shall swear: I am now and have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated. All of said provisions shall apply, with the exceptions above enumerated. No person shall be allowed to vote at said election who has not duly registered according to the provisions herein set forth. Qualifications for registration. (h) That there may be an appeal from the decision of the registrars aforesaid to a committee which shall be appointed by the judge from the council of said city and the

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citizens residing in the territory sought to be incorporated as aforesaid, and the decision of said committee shall be final. All appeals shall be made up, heard and decided within two days from the close of said registration list, exclusive of Sunday. Appeal from decision of registrars. (i) That it shall be the duty of the judge to cause to be published in one or more newspapers published in the county of Bibb a notice of the election when ordered as aforesaid, which published notice shall particularly describe the metes and bounds of the territory sought to be incorporated as set out in the petition for incorporation, the time fixed for said election, the names of the freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place or places where the said election will be held. Said notice shall be published at least fifteen days prior to the time fixed for said election. The mayor shall provide all necessary material for carrying on the said election. Publication of notice of election. (j) That all persons voting at an election held as hereinbefore set forth, who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words, For incorporation, and those opposed to the same shall have written or printed on their ballots, Against incorporation. Form of ballots. (k) That if, upon examination of the tally sheet by said judge, it shall appear that a majority of the persons voting at an election ordered and held as hereinbefore set forth, have voted in favor of incorporation, the judge shall declare the result by order entered on the minutes, and thereupon the mayor and council of the city of Macon shall so declare by resolution. And thereupon the mayor of said city shall issue his proclamation, declaring said territory incorporated into and as a part of the city of Macon. Said territory so annexed shall be attached to and become a part of that ward of said city to which the larger part of such annexed territory is contiguous; and the voters residing in

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said annexed territory shall become citizens of said city and be permitted to vote in said ward in all city elections and party primaries held after such annexation becomes effective; provided, they are qualified to vote under the provisions of this Act. No taxes shall be assessed by said city upon said territory so annexed or the people or their property therein until after the next general election for mayor and aldermen of said city following the annexation of said territory. Result to be declared. Ward, part of. Taxes deferred. (l) That any person voting in any election held as herein before set forth without having registered as hereinbefore set forth shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1065 of the penal code of this State. Illegal voting. SEC. 4. That the mayor and council of the city of Macon shall have full power and authority to change the boundaries and limits of the present wards of the city of Macon, or to add two (2) additional wards to the present wards of the city of Macon, to be known as Wards Fifth and Sixth. Should the said mayor and council, in their discretion, add two (2) additional wards to the city of Macon then the wards of the said city of Macon shall be known as First, Second, Third, Fourth, Fifth and Sixth Wards, and shall have only two (2) members of council from each ward, making a total of twelve (12) councilmen or aldermen for the city of Macon. Should the said mayor and council, in their discretion, not desire to create two new wards for the city of Macon, then the said mayor and council shall have the right to change the boundaries of the present wards of said city, as they may see fit, and the said four (4) wards so changed shall have only three (3) aldermen or councilmen from each ward, making a total of twelve (12) aldermen for the entire city, it being the purpose of this Act to limit the aldermen for the entire city of Macon to twelve. In laying out said respective wards, the mayor and council shall keep in mind the recently annexed territory of Vineville, East Macon, South Macon, Western Heights and Napier Heights, and the ward boundaries

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and limits may be changed and fixed so as to divide the city into four or six wards, as herein provided, as the mayor and council may determine, and when said wards are laid out by the mayor and council the lines and boundaries shall be definitely fixed and established, and when so fixed and established the entire territory of the present city of Macon will be included in said four or six respective wards, with the boundaries and limits established, as the mayor and council may determine. Wards additional, and change of boundaries. Twelve aldermen. SEC. 5. That on the first day of January, 1915, and biennially thereafter, the city treasurer of the city of Macon shall open a book or books to be designated as voters' books, containing on the top of each page theref, the following oath, to-wit.: I do swear or affirm that I am a citizen of the United States, that I am twenty-one years of age, or will be on the second Tuesday of November, of this calendar year; that I have resided in this State for one year, in this county for six months, and in the city of Macon for three months immediately preceding the date of this oath, or will have so resided on the second Tuesday of November of this calendar year; that I have paid all taxes, State, county and municipal, which, since the adoption of the Constitution of 1877, have been required of me, except taxes for this year; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear or affirm that the ward, street and street number set opposite my name in this voters' book is my true place of residence, and that the statements opposite my name, in said book, as to age and occupation, are true, so help me God. Voters' books. Oath of voter. SEC. 6. That in addition to keeping such voters' book open for signature during the usual hours of business, daily, from January 1st, as hereinbefore required, the city treasurer of the city of Macon, for a period of thirty days, beginning ninety days prior to the second Tuesday in November, 1915, and each second year thereafter (the same being the dates of the general city election), shall keep said voters' book open for signatures, at his office in the city hall, from 9 o'clock a. m. until 6 o'clock p. m. each day, Sundays only

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excepted. That for the period of thirty days beginning ninety days prior to the second Tuesday in November, 1915, and each second year thereafter, the mayor of the city of Macon shall appoint a deputy registrar, subject to confirmation by council. That the city treasurer of the city of Macon shall always keep such voters' book open for signatures at his office at the city hall, at any and all times, when his office is open for the payment of taxes, or other business. That said treasurer of the city of Macon and also said deputy registrar, during the period of his services, as hereinbefore provided for, is authorized and empowered to take charge of said voters' book and to administer said oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time said signature is made, write out the same in clearly legible letters opposite said signature. That any male person desiring to be registered as a voter and qualified to register as hereinafter provided, may apply to the said treasurer of the city of Macon, or to the deputy registrar, during the period of his service, and after reading said oath, or having same read to him, shall subscribe the same by signing his name in such voters' book, underneath the written or printed oath above described; a memorandum or entry of the district or ward (giving the name of street and the number of his residence, if any, his age and occupation), in which affiant lives being first made by the officer in charge of the book, or by the affiant, opposite the place of signature of affiant. And when affiant is not twenty-one years old, at the date of taking oath, a similar entry or memorandum shall, in like manner, be made showing the date in that year when he will reach twenty-one; and where the affiant has not resided in the State one year, or in the county six months or in the city three months at the date of taking the oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in the State one year, in the county six months, and in the city three months. That upon request of the applicant, or in any case in the discretion of the officer in charge of said book, such officer shall read or repeat said oath distinctly to the applicant, and if

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the applicant cannot sign his name, said officer shall sign for him, the applicant making his mark thereto. The signatures so made in said voters' book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memoranda on entries opposite his signature. That for the purpose of more easily identifying the voters, the officer in charge of the voters' book shall note thereon, in connection with each signature, the race of the person signing, that is to say, whether white or colored. That any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the Act of signing said registration book shall, in any prosecution hereunder, be held and deemed equivalent to taking the oath therein printed. That sixty days before the general November election the said treasurer of the city of Macon shall close the registration books for the general election and party primary of that year and shall proceed to make up and file with the city clerk of the city of Macon a list to be designated as Registered Voters in alphabetical order of names, in each ward, distinguishing in said list between white and colored voters. Voters' signature. False swearing. Close of registration. SEC. 7. That all persons qualified to vote for members of the State Legislature in the county of Bibb, who shall have paid all the 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 months within the jurisdictional limits of the city and have registered, as hereinafter provided, shall be qualified to vote at any city election. Voters qualified. SEC. 8. That the following shall be the qualifications necessary for registration: (a) The person must be a male citizen of the United States who has resided in the State one year, in the county six months, and in the city three months next preceding the time of the election. (b) He must be twenty-one years of age, or must become so by the day of the election. (c) He must have paid all taxes, since the

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adoption of the present State constitution, to the State and county and to the city of Macon which have been required of him and which he had an opportunity to pay agreeably to law, except for the year of the election. No person shall be entered on the registry who does not apply to the treasurer or the deputy registrar during his period of service in person upon the days and within the hours fixed for registration. Registration, qualifications for. SEC. 9. That certificates of registration shall be furnished to the person registering at the time of registration. Certificate of registration. SEC. 10. That no person shall be allowed to vote at any city election in said city or in any party primary for the nomination of candidates for mayor and aldermen for said city, who has not been duly registered according to the provisions herein set forth. Any person voting in any such election or such primary without having registered shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 1065, of the penal code of this State. Voters must register. SEC. 11. That it shall be the duty of the city clerk to cause to be printed and posted in front of the city hall, by two o'clock p. m., on the day preceding the election, the corrected list of the registered voters, and also to furnish each of the election managers a certified copy of such printed list on the evening before the election. Each elector must vote in the ward wherein he resides. The books of registration shall be open to public inspection at all times from the beginning of the registration to the day of the election. Corrected list of registered voters. SEC. 12. That on the second Tuesday in November, 1915, and on said date biennially thereafter, there shall be an election for a mayor and twelve aldermen, three from each ward, or two from each ward should six wards be created as herein provided, who shall each serve for a term of two years and until their successors are duly elected and qualified. That of the twelve aldermen of the city of Macon an equal number shall reside in each of the wards of said

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city. That at all city elections, the polls shall open at eight o'clock a. m. and close at five o'clock p. m. Election of mayor and aldermen. SEC. 13. That in the event that a special election shall be called to fill a vacancy or vacancies in the office of mayor or aldermen, the registration list prepared for the last general election shall be used. Vacancy, special election for. SEC. 14. That the mayor shall appoint and the council confirm three freeholders from each ward, who shall be registered voters therein, to manage said election. It shall be the duty of the managers to receive, count and verify the number of votes polled. Each of said managers before entering on his duties shall take the following oath before some judge or justice of the peace. 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. Oath. SEC. 15. That it shall be the duty of the mayor of the city to furnish all necessary material for carrying on the elections in the different wards of the city, and he shall cause to be published in the city papers the names of the ward managers, and designate the buildings or places where elections will be held. Such notices shall be published for ten days previous to the election. Election materials; notice. SEC. 16. That the mayor of this city, in conjunction with the sheriff of Bibb County and the chief of police of the city, shall take all necessary measures to preserve order, prevent the carrying of deadly weapons contrary to law, and to secure to all the electors the right to deposit their ballot at the polls. Police officers and challengers shall not intimidate nor persuade any elector at the polling places of the city at such elections. For every violation of this provision the party or parties so violating the same shall be subject to indictment, and on conviction be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned for not less than ten days nor more than three months. The grand jury of Bibb County shall have power to inquire into this offense. Orderly elections. Penalty for violation.

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SEC. 17. That if any person offering to vote at said election is challenged, he shall take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of twenty-one years, have resided in the State one year, in the county of Bibb six months, and in the city of Macon three months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted at any other polling place this day, so help me God. Oath of challenged voter. SEC. 18. That any person voting illegally at any of said elections shall be liable to the same penalties as are prescribed by the law of this State for illegal voting in the State and county elections. Illegal voting. SEC. 19. That after the votes for mayor and aldermen, or for aldermen, as the case may be, at any election, shall have been counted by the managers, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed over to the mayor for the time being, and the other shall be retained by the managers. And so soon as the mayor as aforesaid shall be informed of the result of said election, he shall cause the persons elected to be notified of the same, and shall also file with the clerk of the council of said city the certified copy of the tally sheets of said election to be kept on file by said clerk in his said office and duly recorded by him on the book of minutes of the council aforesaid. The person who shall receive the highest number of votes for mayor shall be declared duly elected. The person residing in the ward who shall receive the highest number of votes for alderman of said ward shall be declared duly elected. Returns and declaration of result. SEC. 20. That the mayor and aldermen shall constitute the legislative department of the city government, and as such shall be vested with full power and authority from time to time to make and establish such rules and ordinances

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respecting streets, lanes, alleys, parks and open courts, the market and marketing, railroads, wharves, public houses, carriages, wagons, drays, livery stables, pumps, blacksmith shops, fire engines and all other matters affecting the good government of said city, as they shall deem requisite and proper for the security, welfare, health and convenience of the city, and for preserving the peace, order and good government of the same. This general enumeration of powers, however, is not to be so construed as to conflict with any special power or authority given to the mayor and council of said city by this Act, but rather in aid of such power. Legislative powers. Not held restrictive. SEC. 21. That the persons elected as mayor and aldermen, or aldermen, as the case may be, shall attend on the first Wednesday after their election, at the council chamber, for the purpose of qualifying and taking the oath of office. The mayor and each member of the council so elected, shall take and subscribe before some judge or justice of the peace, the following oath: I, A B, do solemnly swear that I will well and truly perform the duties of mayor, or member of the council, 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 Macon and the common interest thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Oath of office. SEC. 22. There shall be a chairman pro tem. elected by the council at their first meeting, or as soon thereafter as practicable, who shall preside over the council in the absence of the mayor, and who, on taking the oath of office, shall be clothed with all the powers, rights and duties of the mayor, and shall serve during the absence from the city or disability of the latter officer. He shall have the casting vote in case of a tie, but shall not exercise the veto power vested in the mayor. In the absence from the city of the mayor and mayor pro tem. the council shall select from their body one to act as mayor pro tem. who shall have the power given to the mayor pro tem. The permanent or standing committees of the council shall be designated by the mayor at the first regular meeting after the organization of council in each

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year or as soon thereafter as practicable. All vacancies in committees shall be filled by the mayor. Resignations of any member of council, either from the standing committees or from the council itself, and all resignations of the members of any of the boards of the city shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the council. Mayor pro tem. SEC. 23. That all elections by the mayor and council and all votes on appointees for confirmation shall be in public, and shall be conducted as follows: As soon as the names of candidates or appointees are announced, the clerk shall call the roll, and each member of the body shall, as his name is called, vote viva voce, the clerk keeping a list of the votes, which shall be entered upon the minutes. At the conclusion of the call the presiding officer shall declare the result. A majority of the whole board shall, in all cases be necessary to elect or confirm, as the case may be. Elections by council. SEC. 24. That every ordinance of the council and every resolution passed by that body, shall, before it takes effect, be presented, certified by the clerk, to the mayor within two days after the passage thereof. If the mayor approve it, he shall sign it; if not, he shall return it with his objections and file the same with the clerk within five days, Sundays excepted, after he receives it, and the council shall at the first regular meeting thereafter, when a quorum is present, order the objections to be entered at large on the minutes, and shall at said meeting take a vote on the question, Shall the ordinance or resolution pass notwithstanding the objections of the mayor? If as many as eight aldermen shall vote in the affirmative, such ordinance or resolution shall stand and become effective; otherwise, not. The ayes and nays shall in all such cases be entered on the minutes. If such ordinance or resolution shall not be returned by the mayor within five days, Sundays excepted, after he shall have received it, the same shall become effective in like manner as if he had signed it. The clerk shall endorse on each ordinance or resolution the time when presented to the

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mayor, and this endorsement shall be conclusive of the fact of such presentation and the time thereof. Ordinances, how effective. Veto. SEC. 25. The city of Macon is hereby authorized to issue bonds in such amount as may be permitted under the constitution and laws of the State of Georgia, and at such time, or times, as the mayor and council of the city of Macon may prescribe for the purpose of establishing and maintaining a system of surface and sanitary sewers, as the mayor and council of the city of Macon may prescribe, and for other purposes with full power and authority in the city of Macon to make all contracts necessary in the erection and maintenance of such system of sewers, and with full power and authority in the mayor and council of the city of Macon to make, declare and enforce all such ordinances, resolutions, rules and regulations concerning the use of said sewers; to provide by ordinance for compelling residents, citizens and property holders to make connection with such sewers at their own expense, and to provide for enforcement of such ordinances by fine and imprisonment as well as the issue and levy of execution for that purpose. Bond issues. SEC. 26. The mayor and council of the city of Macon are hereby authorized and empowered to call by ordinance an election by the qualified voters of said city, for the purpose of obtaining the assent of two-thirds of said qualified voters to an issue of bonds in such amount or amounts as may be permitted under the constitution and laws of the State of Georgia, and at such time or times as the mayor and council may, in their discretion, prescribe for any or all of the following purposes, to-wit.: Election for bonds. 1st. For paving, macadamizing, draining or otherwise improving for travel or use the public streets, alleys and lanes of said city. Purposes of bond issues. 2d: For establishing and maintaining a system of surface or storm and sanitary sewers within the city. 3d. For the acquisition by purchase of a municipal lighting plant or a municipal gas plant, or for the construction

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of a new electric lighting plant or gas plant; for the extension and improvement of such electric lighting plant or gas plant if so acquired or built. 4th. For the construction of any public building, bridge, viaduct, underpass, hospital or other public works to be used exclusively for lawful corporate purposes looking to the safety, health and general welfare of the citizens of Macon; or for the enlargement, extension or improvement of any such public buildings, bridge, viaduct, underpass, hospital or other public works. It shall be the duty of the mayor and council of the city of Macon calling such election, to provide for submitting separately to the qualified voters of the city each question presented for ratification or rejection, so that each voter may vote for or against any or all of the purposes for which it is proposed to issue bonds. Separate submissions. In the event the assent of two-thirds of the qualified voters of the city of Macon are obtained as provided by law at the election called as herein provided, the mayor and council of the city of Macon shall have full authority and power to make all contracts necessary or incident to the expenditure of the proceeds of the sale of said bonds for the purposes and objects for which they were issued; and to enact and enforce all such ordinances, resolutions, rules and regulations for the construction, operation, maintenance, regulation and protection of said public improvements as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well as by the issue and levy of execution for that purpose. Proceeds of sales of bonds. SEC. 27. That in all elections which may be hereafter held in the city of Macon for the purpose of authorizing the issue of bonds by the city of Macon, for any purpose whatever, a special registration shall be had for such bond election, and such registration shall be had and such registration list prepared as herein provided, except, the treasurer of the city of Macon, or the deputy registrar appointed for

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such special election during the period of his service, for a period of thirty days, beginning sixty days prior to such special election, shall keep the voters' books open for signature at his office in the city hall of the city of Macon from nine o'clock a. m. to six o'clock p. m. each day, Sundays excepted. All the provisions of this Act in reference to registering illegally for general elections shall apply to registrations for special bond elections. No bond elections shall hereafter be held in the city of Macon without such special registration. Special registration for bond election. SEC. 28. That no person shall be eligible as mayor unless he be of the age of twenty-five years, qualified to be an elector of the city, and who shall have resided in the city two years immediately preceding his election. He shall also be a bona fide freeholder of the city in his own right at the time of his election, and shall remain such bona fide freeholder owning real estate in the city in his own right, during his entire term of office as mayor. Mayor's eligibility. SEC. 29. The mayor shall receive a salary of three thousand dollars ($3,000.00) per annum and shall be ex-officio a member of the board of health. He shall hold his office during the term of two years and until his successor shall be chosen and qualified, but he shall not be eligible to a reelection after the expiration of a second term for a period of four years. He shall be the chief executive officer of the city and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money and shall be clothed with the veto power, as hereinafter set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the council advised, from time to time, of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him. He shall have an office at the city hall and devote as much time as may be necessary to the business of the city

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each day, and shall not be absent from the State for a longer time than six days together without permission of the council. Mayor's salary, term, duties, etc. SEC. 30. The mayor shall preside at all meetings of council, and shall have the right to take part in the deliberations of said body, but shall not vote on any question which may be considered by the council, except that he shall be entitled to vote on the election of any person to office as provided in the charter of which this is amendatory. Where the council is equally divided, the matter under consideration shall be declared lost. Mayor's vote. SEC. 31. That the mayor of the city shall have power and authority in case of riot, rebellion or insurrection in the city of Macon, to call out the several volunteer companies in order to aid in suppressing such riot, rebellion or insurrection; and it shall be the duty of the captain and other officers of said company to obey the orders of said mayor for said purposes, and for disobedience to such orders they and each of them shall forfeit their commissions. Riot, suppression of. SEC. 32. No person shall be eligible as an alderman of the city unless he shall have attained the age of twenty-one years, and be at the time of his election, a bona fide freeholder, owning real estate in the city in his own right. He shall remain such bona fide freeholder during his entire term of office as alderman. He must also be qualified to be an elector of the city at the time of his election, and must reside in the ward for which he is elected and shall not remove therefrom during his term on pain of forfeiture of his said office. Alderman's eligibility. SEC. 33. The compensation of each alderman of the city of Macon shall be the sum of three hundred dollars ($300) 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

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same manner as the salaries of other officers of said city are now authorized to be paid. Alderman's compensation. SEC. 34. That in case the mayor, or any member of council, while in office, shall be guilty of malpractice, any wilful neglect in office, or abuse of the powers confided to him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be indicted before the superior court of the county of Bibb, and on conviction, shall be fined in a sum not exceeding one hundred dollars, and shall moreover, be removed from office. The said fine may be collected by execution and shall be paid to the city treasurer for the use of the city. Malpractice, neglect, or abuse of office indictable. SEC. 35. That it shall be unlawful for any alderman or aldermen composing any committee of council to expend more money for the use of any department of the city government than has been duly appropriated for such department by the mayor and council of the city of Macon. That any alderman or aldermen violating this provision shall be personally liable to the city of Macon, or to any other person damaged thereby, in the amount of the unauthorized excess expended over and above the amount set aside and appropriated by the mayor and council of the city of Macon. Unlawful expenditure of money, liability for. SEC. 36. That in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city, the mayor shall advertise an election to fill the vacancy, and in case of the death of the mayor, his resignation, removal from office, or removal from the city, the city council shall order an election for filling the vacancy. In each case ten days' notice shall be given in the public gazette of the city. Vacancy in office. SEC. 37. That in addition to the officers already named there shall be a city treasurer, a clerk of council, a city marshal, a city sexton, a city engineer, a city attorney, a city recorder and such other officers or agents of the city as the mayor and council may by ordinance prescribe. These officers shall serve for two years and until their successors are elected and qualified, unless removed for cause, to be

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judged of by the mayor and council by a vote of two-thirds of the aldermen. They shall be elected by the council by a majority vote of the whole board, the mayor, in all such elections, being entitled to a vote. City officers elected by mayor and council. SEC. 38. That it shall be the duty of the treasurer to receive, keep and disburse all the money of the city. He shall give bond in the sum of twenty-five thousand dollars, conditioned for the faithful performance of his duties and shall take an oath in the presence of the council that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office without favor or affection to anyone. He shall make out quarterly reports of receipts and expenditures itemized, and have the same published in one or more of the public gazettes of the city, as may be directed by the mayor and council. He shall sign all executions or other processes for the collection of taxes or money due the city. Treasurer's duties, bond and oath. SEC. 39. That the clerk of council shall attend all meetings of the council and board of health, keep the minutes and files of each, attend to the issuance of licenses and perform such other duties as the mayor and council may require of him. He shall give bond in the sum of twenty-five hundred dollars for the faithful performance of his duties, and shall take the same oath of office, in the presence of the council, as that prescribed for the city treasurer. Clerk's duties, bond and oath. SEC. 40. That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution, or other process, execute deeds and other conveyances usual in such cases, and perform such other services as the mayor and council may by ordinance require of him. He shall give bond in the sum of fifteen thousand dollars for the faithful discharge of his duties, and shall take the same oath of office, in the presence of the council, as that prescribed for the treasurer. Marshal's duties, bond and oath. SEC. 41. That there shall be a building inspector for the city of Macon. The mayor and council shall have authority

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to elect such inspector as other city officials are elected, or shall designate some other proper person or city officer who shall, in addition to his other duties, perform all the other duties and have all the authority of the building inspector. Said building inspector shall be a practical workman at one of the building trades. Building inspector. (a) That the building inspector, or such person as shall be designated as such by the mayor and council, shall keep a record in a book provided for the purpose, of all buildings erected in the city of Macon; shall issue permits for the building of the same, inspect all buildings, fences or walls in the city, and shall make a monthly report to the mayor and council. It shall be his duty to cause all buildings, walls and fences to be erected in accordance with the laws of the city, and shall make an inspection of any house, building, wall or fence, whether in course of construction or not, whenever required by the mayor and council or the mayor, and report immediately upon the same. Duties and powers of building inspector. (b) Whenever the building inspector, after examination, shall determine that any buildings, walls, or fences, constructed or in the course of construction, are dangerous, he shall have the authority to compel such structure torn down or removed, and the defects remedied, and the owner shall cause the orders of the inspector to be immediately carried out. In the event of the failure of the owner or his agent to carry out the orders of the inspector, the inspector shall have authority to do the work necessary with whatever force provided by the mayor and council of the city of Macon at the expense of the owner of the property. The expense thereof shall be collected by execution, to be issued by the treasurer of the city, and shall be a lien upon the property of the owner, and shall be collected in the same manner as tax executions. (c) The mayor and council shall have full power to pass all necessary ordinances regulating buildings, fences and works, and prescribing the duties and compensation of the building inspector. Building ordinances.

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SEC. 42. That it shall be the duty of the mayor and council, upon the recommendation of the board of health of the city of Macon, to designate some fit and proper person as milk inspector of the city of Macon, whose duty it shall be to enforce the regulations and ordinances of the board of health and the mayor and council of the city of Macon, touching the inspection and the sale of milk and cream in the city of Macon. Such inspector shall have full power as an officer of the board of health to examine all cows, dairies or stables, whether in the city of Macon or not, and condemn the milk sold from the same; and any person offering for sale any milk or cream in the city of Macon contrary to the ordinance of the board of health of the city, shall be arraigned before the recorder and be punished as prescribed in the Act creating the recorder's court, and any milk or cream condemned by the inspector shall at once be destroyed. The mayor and council shall charge such fee for the sale and inspection of milk as will pay the salary of such inspector and the expense of inspection. The salary of said inspector and his term of office shall be prescribed by the mayor and council. Milk inspector, his duties and powers. Fees for inspection. Salary and term of office. SEC. 43. That the mayor and council shall have authority, by ordinance, to prescribe the duties of the city sexton, city attorney, city engineer, and the other officers of the city whose duties are not herein prescribed, to fix their salaries and prescribe their bonds for the faithful performance of their duties when deemed necessary. They shall require an oath of office from all these officers. They may establish the fees of the city engineer and other officers of the city, in their discretion, but these fees, when collected, shall be paid into the city treasury for the use of the city. No officer of the city shall ever charge or collect any fee, or cost of any kind, except such fees and costs as are collected and paid into the city treasury. Sexton, attorney, engineer and other officers. SEC. 44. That the mayor and council shall have power to appoint inspectors of the weights and measures in use in said city and to pass rules and regulations with respect to

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the same, and fix fees for such inspection, to be paid by the parties using said weights and measures. Weights and measures, inspection of. SEC. 45. That there shall be a recorder's court established for the city of Macon, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government, and to punish for the violation of the same. Said court shall also have power to enforce its judgments by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance, and also any person who shall counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the city recorder, or, in his absence or disability, by the officer who is then performing the duties of mayor, as in this Act provided, and shall be held daily, or as often as may be necessary to clear the city prison. Recorder's court, its jurisdiction, etc. SEC. 46. That the city recorder shall be a freeholder of the city, shall be twenty-one years of age, and shall have resided for two years preceding his election in the city of Macon. Before entering on the duties of his office, he shall take an oath before the mayor or some officer authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability, without fear, favor or partiality. This oath shall be entered upon the minutes of the council. Said recorder may be removed from office by the mayor of said city after trial and conviction by the council upon written charges for neglect of duty or other conduct unbecoming his station to be judged of by said body. A vote of two-thirds of all the aldermen elected shall be necessary to such conviction and removal. Recorder. SEC. 47. That the recorder of the city of Macon shall have power to impose fines for the violation of any law or ordinance of the city of Macon passed in accordance with its charter to an amount not to exceed three hundred dollars, to imprison offenders in the city prison for the space

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of not more than forty days, or at labor on the public works and the streets of the city of Macon for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when, in his opinion, the facts of the case justify it. Said recorder shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of twenty-five dollars or imprisonment in the city jail for a space not exceeding ten days. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the effenders to the jail of the county of Bibb, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Powers of recorder. SEC. 48. That the right of certiorari from the decision and judgment of the recorder shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the superior court of Bibb County upon a petition in writing to said judge, to be presented within ten days after the rendition of the decision or judgment complained of and not thereafter. Such petition shall state the grounds of complaint and shall contain a brief of the evidence had on the trial, and shall be duly sworn to. If, upon examination, the judge shall consider the petitioner entitled to the writ of certiorari, it shall be his duty to cause such writ to be issued and served on the recorder as in other cases under the laws of this State requiring him to certify and send up to the superior court a complete and accurate history of the case as his answer thereto, which answer shall be subject to correction and traverse, as provided in the Code of this State. The judge at chambers or in term time may hear and determine such traverse, as well as the certiorari upon which it is based, after ten days notice to each party, and may then affirm or reverse the decision or judgment of the recorder; provided, however, that

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no writ shall be granted until the accused shall have paid all costs and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and give good and sufficient bond and security, payable to the city of Macon, conditioned to answer the judgment of the court or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and give the bond aforesaid. If the writ of certiorari is grantd, the judgment of the recorder's court shall be suspended until the judge of the superior court shall finally pass on the case. Certiorari. SEC. 49. That the mayor shall designate a member of the police force to attend all sessions of the recorder's court and act as clerk thereof, in addition to his other duties; he shall also act as clerk to the chief of police, and shall sign and issue all processes, summons and all attachments, etc., issuing out of said court, all of which shall bear test in the name of the recorder. He shall keep all records of said court, receive all fines imposed by said court, and account for the same as may be prescribed by the mayor and council. The ministerial officers of said court shall be the chief of police, lieutenants and patrolmen of the police force of said city, any of whom may execute the mandates of said court, and to whom in the alternative all mesne and final process thereof shall be directed. The chief of police or one of the lieutenants, shall attend each session of said court for the purpose of executing the necessary orders thereof. Clerk of recorder's court. SEC. 50. That in the absence, sickness or disqualification of the recorder, the mayor, and in the absence, sickness or disqualification of both the recorder and the mayor, the chairman of council of said city shall be clothed with the powers of the recorder, and hold the recorder's court. In case of the disqualification of the recorder of the city of Macon and of the mayor and mayor pro tem., to hear and try any case in the recorder's court, the mayor shall, in such event, be authorized to name and designate any one of the aldermen of the city of Macon to hear and try any case in which such disqualification exists, such alderman in any

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such case being clothed with the same power as is granted to the recorder by the charter of the city of Macon in other cases. Presiding officer in absence of recorder. SEC. 51. That the recorder's court shall have jurisdiction and authority to try all persons guilty of vagrancy within the limits of the city of Macon, and, upon conviction, to punish them as prescribed in the Code of this State. In all cases where persons charged before said court with the offense of vagrancy shall demand a trial by jury, it shall be the duty of the recorder to send such person before a court having jurisdiction of said offense, and if no such court shall be then in session, to bind said person over in sufficient bond for his appearance before said court for trial, or in default of bail, to commit said person to await said trial. Vagrancy. SEC. 52. That the mayor and council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Ordinances touching recorder's court. SEC. 53. That the mayor of the city shall be authorized to suspend the sentence of any prisoner carried before the recorder's court for a violation of any city ordinance, law or regulation until such person shall have an opportunity to appeal to the council of the city, and lay before that body a statement of the facts in his case, and the said mayor and council shall have power, after a full hearing of said case, to commute, remit, or suspend said sentence. Appeal and suspension of sentence. SEC. 54. There shall be a board of health, to consist of three reputable, practicing physicians, one of whom shall be designated as chairman, and two laymen. The members of said board shall be appointed by the mayor, and shall hold office for one year. They shall hold no other city office during their respective terms. Compensation of the chairman shall be annually prescribed and appropriated by the mayor and council. The other members of said board shall receive five ($5.00) dollars for every meeting they

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actually attend; provided, no member shall receive more than ten ($10.00) dollars per month. The board shall meet once a month from November 1st to April 1st, and twice a month from April 1st to November 1st of each year. Board of health. SEC. 55. That said board shall have full power to institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinance of the mayor and council. Powers of board. SEC. 56. That the said board of health shall have full power and authority to declare by ordinances 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 ordinances whatever may be by the said board of health deemed necessary for the preservation of the public health and for the prevention of the generation and introduction of infectious or contagious diseases. The ordinances of said board now in force shall have the force and effect of law until the same shall be amended and repealed by the board herein provided for. The mayor and council shall by proper ordinance provide for the punishment of offenders against the regulations of the board of health, and the recorder's court shall have the jurisdiction to try all persons charged with a violation of any ordinance of said board, and the fines arising therefrom shall be paid into the treasury of said city. Ordinances of board of health. SEC. 57. That the said board of health shall have the supervision of all sinks and water closets, together with the drainage and sewers of the said city. The smallpox hospital, or some temporary hospital for contagious or infectious diseases, shall also be under the sole management of said board of health. The said board shall also examine all public institutions within the city of Macon, and compel such sanitary regulations therein as they may deem

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necessary. The expenses of the board of health shall form a legitimate item in the administration of city government, to be met as in the case of other expenditures by such appropriations of money as the city council in the exercise of sound economy may deem proper. Supervision and management of board of health. SEC. 58. That the said board of health shall make annually to the city council of Macon, at the last meeting of said council in December, a full report of its acts, particularizing its expenditures, and making such recommendations touching the public welfare as said board, in its judgment, may see fit and proper, and shall also make such other reports on the same subject 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 the time of epidemics, when two members shall have power to act. A record of the proceedings of this board, open to the public, shall be carefully kept and filed among the archives of the city government. The clerk of the council shall be ex-officio secretary of the board, and shall perform such duties as the said board may prescribe. His compensation for such duty shall be fixed by said board, and paid out of the city treasury. The said board of health shall have power to declare what are infected parts or places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts. They may establish such quarantine regulations as are not in conflict with the constitution and laws of this State. Reports by board of health. SEC. 59. That the said board of health shall have power and authority to require all physicians, clergymen, magistrates and other persons to make and keep a registration of births, marriages and deaths occurring in said city, within their knowledge, and to require said persons to report the same to this board of health, and to pass such ordinances as they may deem necessary for the full enforcement of this section. Registration of births, deaths and marriages.

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SEC. 60. That whenever any member of said board shall fail to attend three consecutive meetings, without sufficient execuse, the board shall have authority to declare a vacancy, and shall forthwith report the same to the mayor of the city. All vacancies in said board shall be filled for the unexpired term as appointments are made in the first instance. Failure to attend meetings, vacancy. SEC. 61. That should the board of health of said city neglect or decline to attend to the duties imposed upon them by this Act, the mayor and council shall act as such board of health, and exercise all the powers and discharge all the duties relating to the board of health prescribed in this Act. Neglect of duty. SEC. 62. That the mayor and council of the city of Macon shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city, of any neighborhood, to be abated in a summary manner and where the nuisance is caused by the act or negligence of any individual, the expenses of such abatement may be charged against the party causing such nuisance, or the owner of the premises, as the council may elect. Nuisance abatement. SEC. 63. That the mayor and council of the city of Macon shall, on the report of the board of health, cause the owner or owners of lots within the city to drain the same or to fill the same to the level of the streets or alleys on which said lot or lots are fronting. Also, on a like report, to compel the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary; and in case the owner of such lot or lots shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of the mayor and council by filling up the lots or cellars, or draining the same, it shall be lawful for the mayor and council to employ some person to do the same; and for the amount so expended the city treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot, or any other property belonging to him, and a sale under said

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execution by the marshal shall pass the title to the property sold as completely as a sale by the sheriff under a judgment and execution. Drainage. SEC. 64. That the city of Macon is authorized to own and operate a system of water works for supplying water for all purposes to all persons resident therein, and the several suburbs thereof. Waterworks. SEC. 65. That the operation and management of said water works plant shall be under a commission, consisting of three members, to be elected as hereinafter provided, and to be known as the board of water commissioners. Said commissioners now in office shall continue their terms of office as prescribed in the Act creating said board. On the third Wednesday of September, 1915, and biennially thereafter, one commissioner shall be elected for a term of six years; that all elections for water commissioners shall be under the laws regulating elections for mayor and aldermen of said city. Should any vacancy occur on said board, the remaining members thereof shall immediately notify said mayor and council thereof, who shall at their next regular meeting thereafter call an election for the purpose of filling such vacancy, to be held within sixty days from the call thereof; provided, that such special election shall not be held within thirty days of any general or primary election for mayor and aldermen of said city. The person so elected shall hold office for the unexpired term for which he was elected, and all commissioners shall hold office until their successors are elected and qualified; provided, however, that if said vacancy should occur within sixty days from the expiration of said term, the vacancy shall be filled by an election, to be held by said mayor and council. Board of water commissioners. SEC. 66. That immediately after the election of said water commissioners, each of them shall give bond for the faithful discharge and performance of their duties in the sum of ten thousand ($10,000) dollars, payable to the city of Macon, and to be approved by the mayor and council of the city of Macon, that they shall proceed to elect a chairman

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for the term of two years, at a salary of twelve hundred fifty ($1,250.00) dollars per annum; that the other members of said board shall receive a salary of seven hundred fifty ($750.00) dollars per annum, all salaries to be paid monthly by vouchers drawn upon the fund deposited to the credit of said board by the chairman and countersigned by the secretary of said board. Bond of water commissioners. Salaries. SEC. 67. That immediately upon the qualification and organization of said board the treasurer of the city of Macon shall deposit to the credit of said board of water commissioners, in some bank or trust company designated by said board, all of the bonds issued by the mayor and council of the city of Macon, for the purchase of water works plant of the Macon Gas Light and Water Company in excess of the actual amount paid to said water company for the purchase of the said plant by the city of Macon; and in excess of the cost of any extensions to said plant made by the mayor and council of the city of Macon, or under its direction and authority, whether by contract or otherwise, since the date of the award made and returned by the board of arbitrators fixing the price of said water works plant; that said bonds to be deposited or the proceeds arising from the sale thereof shall be used for the purpose of extending and enlarging the water works plant passing to said city, and for no other purpose. Bonds, deposit of. SEC. 68. That said board of commissioners shall have the power to make all rules and regulations for the management and operation of said water plant, and fix, from time to time, the rate charged for water, with the right to classify said rates; provided, that in no event shall a maximum rate charged by them be higher than the flat or meter rate heretofore charged by the Macon Gas Light and Water Company for household purposes and use upon the curtilage. No rate heretofore charged by the Macon Gas Light and Water Company shall interfere with the right and power of the board of water commissioners to make the minimum flat rate charged for water and the minimum

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meter rate charged for water the same, and that the minimum flat rate and the minimum meter rate charged for water for household purposes and use upon the curtilage shall be the same. Said board shall never enforce payment for water for more than thirty days in advance of supplying the same. Rules and regulations as to water. (a) That all employees that may be necessary for the operation and management of said plant shall be under the direct control and authority of said board of water commissioners, and they shall have the authority to discharge any and all persons employed by them at any time in the same manner and to the same extent that any private employer has over his employee; that some person fully qualified to keep correctly the books of the board shall be employed to fill the office of secretary of said board, whose duty it shall be to keep a correct set of books, showing all purchases of every character pertaining to the management, operation, construction and extension of said plant, and shall make regular itemized monthly report to the mayor and council of the city of Macon, showing the receipts and disbursements of the plant, together with a statement of the amount of money in bank and where deposited. Employees of waterworks. Books and reports. (b) Said books so kept shall be at all times open to the inspection of the mayor and council of the city of Macon and any citizen thereof, under proper regulations, provided by said board of commissioners. They shall have their books audited annually by some certified competent public accountant, and cause to be published in two daily newspapers in the city of Macon a full and complete statement once every three months. (c) 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,

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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 the 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 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 banks 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 banks paying the highest rate of interest shall be selected as trustee and depository. Said bank or banks, at their own expense, shall give an indemnifying bond, conditioned to save 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. Expert engineer. SEC. 69. That all the income arising from the operation of the said water works and all the revenues derived therefrom after paying the necessary operating expenses and the cost of any extensions and repairs of the said water works plant, is hereby appropriated to the payment of the principal and interest of the bonds issued by the mayor and council for the purpose of raising money with which to purchase said water works, and the said board of water commissioners are hereby required and directed to make a

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daily deposit of all such moneys in the bank or banks hereinbefore provided for, and neither the said board of water commissioners or the mayor and council shall ever have power to appropriate or use any of said funds for any purpose other than herein specified until the said bonds shall be retired and paid off, and the mayor and council are hereby given authority to appropriate said money in said banks in excess of the said charges for maintenance, extension and repairs to the payment of the principal and interest on said bonds. Income of waterworks appropriated. SEC. 70. That the mayor and council of the city of Macon are hereby authorized to make all necessary ordinances for the purpose of protecting the city in the ownership and enjoyment of said property, and for the purpose of protecting the city against loss and misuse and waste of water by the consumers of the city of Macon and its suburbs by means of said water works plant, and the mayor and council shall adopt as ordinances all rules and regulations of the board of water commissioners whenever requested by said board in writing. Ordinances touching waterworks. SEC. 71. That the city attorney shall be the legal adviser of said board in all matters, and for which he shall not receive any additional compensation. The board of water commissioners shall have power to employ special counsel whenever, in their opinion, the best interest of the water works may require it. City attorney to advise. SEC. 72. That when the board of water commissioners, under the rules made by said board, has shut off the water from premises where supplied, for the non-payment of water rent, the said board of commissioners shall not, by any authority, be compelled to again turn on the water for such delinquent consumer, at such location or elsewhere, until all back water rent due by said delinquent consumer for water furnished or consumed on said premises from which water has been shut off, shall have been first paid, including the charges for turning off and on the water supply. Water rent, and cutting off supply.

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SEC. 73. The city of Macon shall pay annually to the board of water commissioners the gross sum of not less than twenty-five thousand ($25,000.00) dollars for all water used and consumed for all purposes by the municipality, including all hydrants installed and in use at the date and time of the passage of this Act, and the said sum of not less than twenty-five thousand ($25,000.00) dollars shall be paid each year in twelve (12) equal monthly installments. However, for additional hydrants installed by order of the mayor and council subsequent to the passage of this Act, the city of Macon shall pay the said board of commissioners at a rate not to exceed the rate heretofore paid to the Macon Gas Light and Water Company. The said board of commissioners shall keep in repair the flush tanks so as to prevent waste and leakage. Payment for water used by city. SEC. 74. That the premium on the several bonds required by Section 4 of an Act to create a new charter for the city of Macon, approved August 18, 1911, and which said bonds are required to be given by each member of the board of water commissioners, shall be paid out of the funds of the said board of water commissioners. Bond premiums. SEC. 75. The board of water commissioners may, in their discretion, install water meters on any premises supplied by them with water, and when a meter has been so installed they shall collect the cost of installing such meter from the person owning the premises upon which such meter was installed, and should such person fail or refuse to pay therefor, said board shall have full power and authority to shut off the water supply from such premises, and said board shall not be compelled to turn on the water supply at such premises until the charges for such meter installation has been fully paid. The board may, upon application of any tenant, install meters upon the premises occupied by him, upon his paying the costs and charges for such installation. Said board shall have power to classify the consumers of water furnished by it into classes designated as small, intermediate and large consumers,

Page 1020

and may, in their discretion, place any or all small consumers on a flat rate. Meters, payment for. SEC. 76. That the city of Macon shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said system of water works, both in and out of the city, and said city of Macon shall have full power and authority to condemn property, both in and out of the city limits, for the purpose of constructing and operating, or extending and operating a system of water works, and shall likewise have full power and authority to condemn property, both in and out of the city of Macon, for the purpose of constructing and extending the system of sanitary sewers for the city of Macon; provided, however, that no private property shall thus be taken by the city of Macon without compensation being paid and the method of procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Acquirement of real estate by purchase or condemnation. SEC. 77. No member of council or 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 for out of the public revenues, or of which the city becomes responsible. Any member of the boards herein provided for may be removed from office by the mayor of said city, after a public trial and conviction by the council upon written charges preferred, for continued neglect of duty or other conduct unbecoming the station of such member, to be judged of by said council. The vote of two-thirds of all the aldermen elected shall be necessary to such conviction and removal. Unlawful interest in city contract. SEC. 78. There is hereby established and created a civil service commission, consisting of three bona fide freeholders of the city of Macon, who shall be elected by the qualified voters of said city on the third Wednesday in September, 1914, at an election to be held for such purpose. The commissioners receiving the highest number of votes at said

Page 1021

election shall be declared elected for a term of six years; the commissioner receiving the next highest number of votes at said election shall be declared elected for a term of four years; and the commissioner receiving the third highest number of votes at said election shall be declared elected for a term of two years, thus making the respective terms of said commissioners two, four and six years; that biennially thereafter on the third Wednesday in September, one commissioner shall be elected for a term of six years. All elections for said civil service commissioners shall be held and conducted in accordance with the provisions of this charter regulating elections for mayor and aldermen of said city. Vacancies occurring in said civil service commission shall be filled in the same manner as vacancies on the board of water commissioners are now filled. Civil service commission. SEC. 79. Immediately after the election of said commissioners they shall elect a chairman for the term of two years. The chairman shall receive as full compensation for his services the sum of one thousand ($1,000.00) dollars per annum, and the other two commissioners shall receive as full compensation for their services the sum of seven hundred and fifty ($750.00) dollars each per annum, said salaries to be paid in monthly installments out of the city treasury, as other city officials are paid, and no commissioner shall hold any other public office during the time for which he is elected. Salaries of chairman and two other commissioners. SEC. 80. The control, regulation and management of the police and fire departments of the city, including both officers and men thereof, shall be vested in said commission, who are hereby given full and plenary power and authority to promulgate and enforce such civil service rules and regulations as may be approved by the mayor and council for the regulation and conduct of such departments, including the selection, promotion, suspension or removal of any of the officers or men thereof as will, in the commission's discretion, best promote the good order, discipline and efficiency of the forces. For a failure to perform any

Page 1022

duty required by law, or the ordinances of the city, or the rules of said commission, the officers and members of said departments are subject to be suspended, either definitely or indefinitely, or removed from office, by the decision of said commission, whose decision shall be final, and when said officers or members are dismissed no liability shall attach to the city for any further compensation. The mode of preferring charges against any officer or member of said departments and the manner of their trial, shall be prescribed by the rules of said board, and the chief, the officers, or members, or employees of said departments may be suspended in a manner provided by the rules of said departments until the session of said board, at which the hearing may be held and sentence adjudged. Upon the suspension of any officer, member or employee of said departments said board shall provide for appointments to fill the vacancies during the suspension of the officer, member or employee. Control of police and fire departments. SEC. 81. Said commission shall have no power or authority to bind the city of Macon by contracts for the purchase of property for the use of the police or fire departments, or for salaries of officers or patrolmen, firemen, or employees, or otherwise, for any sum in excess of the annual appropriation previously made therefor. The mayor and council shall fix the salaries of the officers, men and employees of the police and fire departments and prescribe the number of officers, men and employees therein. Contracts not to bind city. Salaries of firemen and policemen. SEC. 82. That the chief of police shall give bond in the sum of five thousand dollars for the faithful performance of his duties as chief of police. In case of resignation, removal, death or disability of the chief of police, the officer of said force next in rank shall perform the duties of said officer until the removal of such disability, or a successor has been duly appointed to fill the unexpired term. Chief of police. SEC. 83. That the mayor and council shall have power to establish and fix fire limits within said city, and, from time to time, in their discretion, to extend and enlarge the

Page 1023

same. When said fire limits are so established, it shall not be lawful for any one to erect therein other than fireproof buildings or structures of any kind whatever, and should any one erect or cause to be erected within such fire limits so established any buildings or other structures of any other than fireproof, the said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures. Such expense shall be collected by execution, as in other cases, and said mayor and council shall have power to determine what buildings or other structures are or are not fireproof. Fire limits, buildings, etc. SEC. 84. The police force of the city shall consist of a chief of police and such other officers and men as the mayor and council may, by ordinance, prescribe, but such chief, officers and men shall be subject to removal as hereinbefore provided. The compensation of all the police force shall be prescribed by ordinance of the mayor and council, but no extra pay or allowance or cost shall ever be awarded them. They shall have power and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city, and all persons committing or attempting to commit any crime, and to confine them in the city prison or in the common jail of Bibb County, to be brought before the recorder's court on the next day for trial or commitment; provided, that all persons desiring to give bail for their appearance before such court, in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the recorder at any time, or in his absence or disability, by the mayor of the city. Police force; powers. SEC. 85. It shall be the duty of the chief of police to prosecute in the recorder's court all offenders against the ordinances of the city and the laws of the State for crimes committed within the limits of the city of Macon. Prosecution of offenders. SEC. 86. The mayor and council shall have power to license, regulate and control all hotels and public houses

Page 1024

within the city; also to regulate all butcher pens and slaughter houses within the corporation, and to remove the same if they shall become nuisances or injurious to the health of the city. They shall also have power to license drays, hacks and other vehicles used for business purposes, and to regulate the same. They shall also have full power to regulate and control all livery stables, pumps, barrooms, restaurants, places of amusement, telegraph and telephone and electric companies, all gas, water and railroad companies doing business or seeking to do business within said city. They shall likewise have power to remove any forge or smith shop when, in their opinion, it shall be necessary to insure safety against fire. They shall also have power to cause any stove or stove pipe, or other thing which shall endanger the city, by exposure to fire, to be removed or remedied, as their prudence shall dictate. They shall also have power, upon proof of the existence and maintenance of any house of ill fame or bawdy house within the city, to cause the occupants thereof to be forcibly removed without the city if they shall refuse to leave the same after five days' notice. The said mayor and council shall likewise have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Licensing and control of occupations. SEC. 87. It shall be the duty of the mayor and chief of police to use all lawful agencies and means to suppress and prevent gambling in said city, and to enforce the laws of this State against gambling and keeping gambling houses or rooms, or gaming tables, where such offenses are committed in the city. The use of any house or room in said city for gambling or gaming purposes in violation of the laws of the State, is hereby declared to be a nuisance, and the mayor and council shall cause any such nuisance to be summarily abated, as in case of other nuisances. Gambling, suppression of. Gaming house a nuisance. SEC. 88. The city of Macon is hereby vested with full power and authority to levy and collect from any social,

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locker or other club, or clubroom located in said city, in which lockers or similar arrangements are maintained, wherein intoxicants of any kind are kept for the use of members, or others, a license tax of not more than five hundred ($500.00) dollars for the operation and maintenance of said club, clubroom or place. No such club, clubroom or place shall be opened, operated or maintained in said city until a permit therefor has been obtained from the mayor and council. Said mayor and council shall have full power and authority to prescribe by ordinance the place and manner in which such club, clubroom or place shall be opened, operated or maintained within said city, and by ordinance provide for the punishment of any person, firm or corporation violating any of the provisions of such ordinance. Clubs, license tax and regulation of. SEC. 89. The mayor and council shall have power to control the markets and marketing within the city. They may establish one or more markets in the city, and regulate the same; fix the 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 and regulate the markets and marketing within the city. They shall have full power and authority to establish in said city a city market, and to restrict the sale of all articles and commodities usually sold at markets to the market so established. They shall have authority to prescribe rules and regulations for the government of said market, to rent out stalls and collect the income therefrom, and generally to take all proper steps and do everything necessary to carry out the intention of this Act with regard to this matter. They shall have power to prescribe proper penalties for the violation of the rules and ordinances concerning the market aforesaid, and to provide that offenders violating such laws or ordinances shall be punished by the recorder, after trial and conviction before said court. Markets. SEC. 90. That the said mayor and council shall have full power and authority to adopt regulations for the government

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of said market; shall have power and authority to elect such clerk or clerks as may be necessary, and to provide for the salaries of same; shall prescribe fees for the sale of such articles as may be carried thereto; may demand and require rent for stalls, stands, other portions of said market house building and the grounds contiguous thereto, and may pass such ordinances respecting the hours when said market house shall be daily opened and closed, and provide penalties for the violation of same, as they may deem proper, and any ordinance which may be passed by the said mayor and council relative to the government of said market, upon the conviction of any person violating the same, shall subject the offender to be punished by the recorder of said city to the extent as is now prescribed by law. SEC. 91. All income arising from the rents of said market house, such as the rent of stalls, booths, or any other part of same; all licenses connected therewith, and all fines imposed by the recorder for a violation of market ordinances shall be paid to the clerk of said market as the mayor and council may direct, and as soon as the same are collected the said clerk shall at once pay over the same to the city treasurer, whose duty it shall be to keep an accurate account, in a separate book, of all such amounts, and in no case shall such be mixed with other funds belonging to the city. The money arising from this source shall not be appropriated in any other way whatever than to the payment of the current expenses of said market, such as clerk hire, repairs, insurance and other necessary expenses incident thereto; all balances in the hands of the treasurer, after the payment of the aforesaid items, shall be appropriated to the payment of the interest of said bonds as it may fall due, and for the purpose of providing a sinking fund for the ultimate redemption of said bonds; it shall be the duty of the mayor and council of said city to direct how such balances shall be held, and, in their judgment, may from time to time authorize the same to be invested under advice of the finance committee of the city council,

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and the securities in which such funds may be invested shall be held in trust for the holders of such bonds when the same may become due, and it shall be the duty of the city treasurer to render a monthly statement to the mayor and council at their first meeting in each month of the receipts and disbursements arising from said market. Income from market rents, etc. SEC. 92. The mayor and council shall have full power and authority to regulate, lay out, direct and control the streets and alleys of the city, and the grading of the same; to open new streets and alleys, and assess a tax for the payment of the damage caused by the same, when the property of any person may be injured thereby, or taken therefor. Streets. SEC. 93. The mayor and council of the city of Macon shall have full power and authority to remove, or cause to be removed, any buildings, posts, steps, fence, or other obstruction or nuisance, in the public streets, lanes, alleys, sidewalks or public squares of said city. Removal of buildings and obstructions. SEC. 94. All streets, alleys, sidewalks, pavements, and street crossings shall be under the control, power and direction of the said mayor and council, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved, or unpaved, and in case of failure or refusal of any property owner, after notice, to comply with the ordinance passed by the mayor and council in reference to the construction, paving or repairs of the sidewalks, pavements, or street crossings, said mayor and council are hereby authorized and empowered to prescribe that said owners may be fined in a sum not exceeding five hundred dollars, and to collect the same by execution; they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the said mayor and council are hereby empowered to issue executions

Page 1028

for said bill of expense against the said owner, and levy and collect the same, as in case of execution for taxes; provided, however, that nothing contained in this section or in any other part of this charter shall be construed to confer any ministerial power on said mayor or council over the streets, crossings, sidewalks, pavements, public buildings, or public works of said city, but the said mayor and council shall have the right to legislate concerning the same and to prescribe by ordinance or resolution the work to be done and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work done or performed within the limits of said city of the character referred to in this and the preceding sections. Streets, sidewalks, crossings, etc. (a) The mayor and council of the city of Macon shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage of the streets and public lanes and alleys of said city, to put down curbing, cross drains, crossings and otherwise improve the same. Street improvements. (b) In order to fully carry into effect the authority above delegated, the mayor and council of the city of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. Assessments on abutting property. (c) That the mayor and council of the city of Macon shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, and upon the property of any street railroad company or other railroad company. The real estate abutting on each side shall be assessed, and shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company having tracks

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running through, across, or into any street so improved shall be assessed, and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks and for one foot on each side thereof when there is a single track; but whenever any street railroad company or other railroad company shall have and maintain a switch track, or other than one track, on any street or part of street paved and improved, then such steet railroad company, or other railroad company, shall be assessed and shall pay the entire cost of paving the entire space between their two or more tracks and between the rails of each track, and one foot on each side of the outside rail of the outside tracks; and the treasurer of the city of Macon shall issue executions for the amount assessed against any street railroad company or other railroad company at the same time and in the same manner as executions shall be issued against the real estate abutting on the street so improved, which said executions shall be enforced, levied and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of executions against abutting real estate; provided, that the law authorizing of abutting property holders the whole cost of paving sidewalks, including two-thirds of the cost of curbing, is in no way affected hereby. Assessments upon railroads. (d) The mayor and council of the city of Macon shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and council of the city of Macon whether said improvements shall be done or not. Equalizing assessments. (e) The amount of the assessment on each piece of real estate shall be in lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Lien of assessments.

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(f) The city of Macon shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the streets or sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other proceedings as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the city of Macon shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and cellected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the superior court of Bibb County, and there tried, and the issue determined, as in cases of illegality for delay. Execution, levy and sale. Affidavit of illegality. (g) The city of Macon shall have full authority to pave, or contract for paving of, 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 contractor at its instance, the object of this section being to prevent any delay in the progress of the work and to secure a uniform quality of workmanship. Power as to paving. (h) That the lien given to the city of Macon for assessments upon abutting property, and also on the property of street railroad companies, for street or sidewalk paving, curbing, grading or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the city of Macon for taxes due said city, such liens or priority of payment to exist from the date of the passage

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of the ordinance authorizing the execution of the work in each case. Rank of lien of assessment. (i) The mayor and council shall have full authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain or curb any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. Power to make other rules. (j) The city of Macon shall have authority to use executions against the real estate abutting on the streets improved, and the property of street railroad companies, or other railroad companies having tracks on the streets paved and improved, in the payment of the cost of doing said paving and improving; and the city of Macon shall have authority to transfer any or all of the executions for paving and improving the streets to any person or corporation, which said transfer shall be made in obedience to an ordinance, resolution, or contract of the city of Macon, and shall be in writing on said execution, signed by the mayor and treasurer of the city of Macon. Said executions, when issued and transferred as herein provided, shall convey to the owner thereof all right, title and interest in and to said executions and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Transfer of executions. SEC. 95. The city of Macon shall have full power to repave and repair any sidewalk, street or alley, or portion of such sidewalk, street, or alley, and such after proceedings as to levy and collection of assessment therefor as in cases of original paving provided for under this Act, whenever in the judgment of said mayor and council the paving originally laid on such sidewalk, street, or alleys, or portion of sidewalk, street or alley is worn to that extent that it is no longer useful as a good pavement. Repair or repaving.

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SEC. 96. The mayor and council of the city of Macon shall have full power and authority to require any railroad company or any street railroad company whose tracks shall cross any of the streets of the city of Macon by any overhead bridge or structure, to drain, curb and pave the entire width and length of said street extending three feet beyond said track or tracks for the entire space covered by and between said tracks and three feet on each side of the abutments or trestle supporting said track or tracks, at such time and in such manner and with such materials as the mayor and council may prescribe; and in the event that any railroad company shall fail to grade, curb, or pave any street or portion thereof, as herein provided, within thirty days from the passage of any ordinance requiring said work to be done, then the mayor and council shall have authority to proceed at once to do such work at the expense of the railroad company and collect the cost of doing such work in the same manner as now provided for the collection of assessments for street drainage, grading, curbing and paving. Railroads, power as to. SEC. 97. The mayor and council of the city of Macon are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their tracks and roadbeds, where the same cross the public streets of said city, in all cases in which said mayor and council shall declare the same necessary for the protection of human life. It shall also be the duty of railroads and railroad companies having bridges erected, or when they may hereafter erect bridges across their tracks and road beds, when the same cross the public streets of said city, to keep said bridges and approaches thereto and the foundations and pillars and supports thereof in safe condition, and so as to admit of comfortable travel on any such street. Said mayor and council shall have the authority to regulate the building and repair of such bridges, in so far as to declare the general character of such bridges or repairs suitable to be made, and to provide for the material or materials to be used in the building or repair of

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such bridges, and to provide for the drainage, light and comfort of said bridges and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street practical and consistent with public safety and convenience. In case of failure of any railroad or railroad company after reasonable notice to do so, to build or repair a bridge or approaches thereto, or otherwise, as provided above, said mayor and council shall have authority to do such building, repairing or putting in safe and comfortable condition, at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company; provided, further, that said mayor and council shall have power and authority, by ordinance, to declare any structure or railroad company's bridge or bridges a nuisance whenever, in their discretion, the same shall need repair, be unsafe, or in any manner shall interrupt or interfere with the public safety or convenience, and shall have the power and authority to order any such structure, railroad, or railroad company's bridge, or bridges, repaired, removed, or reconstructed in accordance with the plans and specifications, and with such material and in such time and manner as may be prescribed by the city of Macon, or through its authority; provided, further, that if any railroad or railroad company shall fail to comply, after reasonable notice to build, repair or reconstruct the bridge or approaches thereto, or otherwise, as provided above, or shall fail to build, repair or reconstruct the bridge or approaches according to the plans and specifications, as above prescribed, said railroad company, through its resident agent or superintendent, shall be summoned before the recorder of the city of Macon and shall be fined upon conviction for each day that said bridge shall not be built or repaired a sum not exceeding fifty dollars a day, as prescribed in the Act creating the recorder's court. Bridges across railroad tracks.

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SEC. 98. Whenever the city of Macon shall transfer any execution for paving and improving the streets, lanes and alleys of said city, or for laying sidewalks within the corporate limits of said city, as now provided by the charter, the marshal of said city shall have full power to enforce the collection of such transferred executions for the use or benefit of such transferee by levy and sale of the respective lots, parcels or ground, or property against which said executions are liens. Transferred executions, enforcement of. SEC. 99. The city of Macon shall have full power and authority to tax and assess the cost of lowering service pipes connecting with sanitary sewers, water mains, or gas mains, or of lowering conduits, or other pipes, in the streets or alleys of the city of Macon against the real estate abutting on the street or alley, and with which said service pipes connect, and against the owner of said real estate and to enforce the collection of the amount of such cost so taxed and assessed by execution to be issued by the city treasurer against the said real estate and against the owner thereof, and which execution may be levied by the marshal of the city of Macon upon such real estate and after advertisement as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest title in the purchaser thereof. Service pipes to sewers. Execution. Levy and sale. SEC. 100. That when it becomes necessary, in the opinion of the mayor and council of the city of Macon, to grade any street or alley within the corporate limits of the municipality, that thereupon the mayor and council shall require notice to be served upon the property holders owning property abutting on said street, requiring service pipes hereinbefore described, to be lowered by the respective owners of real estate abutting on each side of said street or alley to be graded. Such notice may be served in the manner provided by ordinance or resolution of the mayor and council, and if the owner within ten days after receiving such notice fails, refuses or omits to lower such service pipes, then and thereupon the city of Macon may lower

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said service pipes, either by its own force or by contract, and tax and assess the costs thereof against such owner, and issue execution therefor, as hereinbefore provided. SEC. 101. The lien given to the city of Macon for the assessment of the cost of lowering service pipes where streets, alleys and sidewalks are to be graded and improved shall have rank and priority of payment next in point of dignity to the liens in favor of the city of Macon for taxes due said city. Lien of execution. SEC. 102. The mayor and council shall have authority to grant encroachments upon the streets, lanes, or alleys of the city, upon such terms and in such manner as they may be ordinance prescribe, and, for a valuable consideration, to vest in the purchaser of such encroachments absolute title thereto. In all such cases where this power is exercised, due regard shall be had to the property holders to be affected thereby. Encroachments on streets. SEC. 103. No person, or body corporate, shall, at any time hereafter, open, lay out, or extend any street, alley, lane, or open square, contrary to the original plan of said city, without the consent of three-fourths of the council at a regular meeting; and any application of this kind shall be published for one month before the action of council is finally had thereon. Opening and laying out of streets. SEC. 104. The mayor and council shall have power to lease or sell any portion of the city reserve not leased or sold, which they shall deem proper, and to appropriate the proceeds thereof to the use of said city. City reserve. SEC. 105. The mayor and council of the city of Macon shall have power and authority to order the construction, improvements and maintenance of all public works, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and to employ all the agents and servants necessary for carrying on the work of the department. They shall also have power to remove or discharge all such agents or employees and make

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all rules and regulations for the government of the same; also to buy all materials and make and let out contracts for work. All new work shall be approved before it is undertaken, and all bills for expenditures shall be passed and approved by the mayor and council before they are paid by the treasurer. Public works. SEC. 106. Whenever the owner of any land or any property is damaged by reason of the construction of any system of drainage or sewerage, or outlet, or outlets to the same, inaugurated by the mayor and council, as aforesaid, such damage shall be ascertained and assessed in the following manner: The owner of the premises shall appoint one appraiser and the mayor of the city shall appoint another, and these two shall select a third, whose award, or that of a majority of them, certified in writing under their hands and seals in duplicate, one for each of the parties in interest, the mayor and council and the owner or owners of said land or other property, and shall be recorded in the office of the clerk of superior court of Bibb County. The appraisers appointed for the purposes aforesaid shall in all cases in making up their award consider the benefits from the construction of said system or systems of drainage or sewerage, or the outlet or outlets thereto, accruing to the owner or owners of such land or other property, and set off such benefits against such damages, but in no event giving an award against such owner for the excess of benefits over damages. In case either party shall be dissatisfied with said award, he, she or they may, within ten days after the recording of the same, enter an appeal to the superior court of said county, as in other cases of appeal, when the question of damages shall be determined by a jury; but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment upon which the clerk of the superior court of said county shall issue execution. Damage by drainage or sewerage, assessment of. Appeal. SEC. 107. The construction of said system or systems of drainage or sewerage, and the outlet or outlets thereto

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by the city of Macon shall not be interfered with by any court, pending the action of said appraisers or the appeal from their award. No court to interfere. SEC. 108. The said mayor and council of the city of Macon shall have the power and authority to pass all rules and ordinances necessary for the protection and preservation of the present city bridges across the Ocmulgee River at Macon, as well as any other bridge across said river which may hereafter be built for ordinary travel, and any damage or injury done to said bridge or bridges shall subject the offender to indictment and punishment in the superior court of Bibb County as for malicious mischief. Bridges, protection of. SEC. 109. The city of Macon is hereby authorized to make, keep and maintain parks and public ground located outside of the incorporated limits of said city, and to receive, hold and own the fee simple title to such real estate and personal property as may be necessary for such parks or public ground, and to make and enforce all such rules and regulations as may, in the discretion of the mayor and council, be necessary to preserve good order, peace and dignity therein. Parks. SEC. 110. Be it further enacted, That the mayor and council are hereby vested with full power and authority to create and establish by ordinance a commission to take charge of and manage the various parks in the city of Macon, Central City Park excepted, and prescribe the powers and duties of such commission, the terms of office of such commissioners, and the compensation to be paid each; provided, that said commission shall never have authority to bind the city of Macon by contract or otherwise for any amount in excess of the annual appropriation made by the mayor and council to such park commission. Park commission. SEC. 111. The mayor and council of the city of Macon shall have full power and authority to appropriate, not exceeding five thousand ($5,000.00) dollars per annum, for the improvement of the water front along the Ocmulgee

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River, in said city, and erect and maintain docks and wharves thereon; provided, that said docks and wharves and the real estate on which or contiguous to which the same may be located shall be the property of the city of Macon, from which said city shall receive a reasonable rental. Water front, appropriation for. SEC. 112. The city of Macon shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city; upon banking, insurance and other capital employed therein; upon salaries and incomes derived from property within the city, and upon gross sales within the city; provided, that no tax upon real or personal estate or property shall exceed one and one-quarter per cent upon the value thereeof. Taxing powers. SEC. 113. The said city of Macon shall have power to levy and collect a tax upon factors, brokers and vendors of lottery tickets, upon agents or managers of gift enterprises, and upon all persons exercising within the city any profession, trade, calling or business of any nature whatever; provided further, that the tax upon professions shall in no case exceed the sum of ten dollars upon each person exercising such profession. The said city shall also have the power to tax all theatrical performances, exhibitions or shows of any kind within the corporate limits of said city. SEC. 114. The mayor and council of the city of Macon shall have the sole and exclusive right of granting licenses to retail liquors in said city, and of fixing the rates of such licenses and the terms upon which they shall be issued, and the locality within which such sales may occur, and of declaring such licenses void when the terms prescribed are not complied with. They shall also have power to license, regulate and control all the tenpin alleys within the city, and to remove the same when they become nuisances to the neighborhood. They shall also have power to license auctioneers and vendue masters for the city, charging therefor such sum as they may deem proper, and to levy a tax on all sales of goods on commission or at auction within

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the limits of the city. They shall also have power to license all vehicles within the city, and to limit the rates of freight and passage on the same; also to license all hotels, boarding houses and restaurants, barber shops, bar rooms and billiard tables, as well as all other establishments not herein provided for and not otherwise taxed. They shall have power to license the sale of fresh meat and other articles usually sold at the market at places other than the markets of the city, and if they deem proper to grade said license according to the amount of sales; provided, however, that in no case shall said license be less than the amount which would be received if said business was conducted at the market of the city. Licenses, powers as to grant of. SEC. 115. Said city of Macon shall have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all vendors and sellers of any article, goods or merchandise therein, who have no permanent place of business therein, and upon all persons exercising any profession, trade or calling in said city, when not prohibited from so doing by the constitution and laws of this State to compel the payment of the same, to make all suitable laws and regulations necessary and proper to carry out the powers herein conferred, and to prescribe suitable penalties for the violation thereof. License tax on vendors, etc. SEC. 116. All sales of property under execution in favor of said city of Macon shall be advertised, and such sale shall be made and conducted in the same way and manner as sheriff's sales under execution in the county of Bibb. Advertisements of sales. SEC. 117. It shall not be lawful for the city of Macon to levy any license or business tax upon vehicles used by merchants, manufacturers and other buisness in said city in the conduct of their business, where no charge is made by said persons for drayage, but where said wagons are used exclusively by them in the delivery of goods, wares and merchandise sold by them. License tax, what forbidden. SEC. 118. From and after the first day of January, 1915, there shall be a board of tax assessors in said city,

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charged with the duty of receiving and equalizing tax returns on all property, real and personal, in said city subject to taxation. Said board shall consist of three members, two of whom shall be elected by the mayor and council, as other city officials are selected, and the building inspector for said city shall be an ex-officio member of said board. Said board shall be in session through the months of January, February, March and April of each year, and at such other times as they may be called in session by the permanent tax assessor as hereinafter provided for the purpose of assessing the valuation of property subject to taxation, and equalizing the tax returns made to said city. Said board is hereby vested with full power and authority to so assess for taxation the value of all property, real and personal, in said city, that all property in said city subject to taxation shall stand upon the tax books at its fair market value, according to the best of their skill and knowledge. From the action of said board in fixing an assessment an appeal shall be to the mayor and council, whose decision thereon shall be final. Tax assessors. SEC. 119. It shall be the duty of every person, firm or corporation owning real or personal property in said city, subject to taxation, to make returns thereof to said board on or before February the tenth of each year. All such property shall be returned at its fair market value on a form prescribed by said board and sworn to by the owner, his agent, or person making such return. Each of the members of said board are hereby empowered to administer a legal oath to persons making such tax returns. Any person, firm or corporation failing to make returns of their property on or before February the tenth of each year shall be subject to the penalty of having ten per cent of the market value of such property added thereto. Property in said city owned by said assessors shall be assessed by the mayor and council. Tax returns. SEC. 120. One of the persons elected by the mayor and council, as aforesaid, shall give his entire time to the discharge

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of his duties during the term for which he is elected, and shall be known as the permanent tax assessor. It shall be his duty at all times to ascertain the fair market value of all property in said city subject to taxation, and locate all property in said city subject to taxation that is not duly returned. Upon the discovery of any property in said city subject to taxation that has not been returned or assessed, as hereinbefore provided, he shall immediately call said board in session, and it shall be their duty to assess the value of such property and place the same on the tax books of said city. Permanent tax assessor; duties. SEC. 121. The city of Macon is hereby vested with power to prescribe by ordinance, rules and regulations necessary to carry into effect the intent and purpose of this Act; to prescribe the punishment of any person who shall be convicted of willfully and maliciously secreting and concealing property in said city to avoid paying taxes thereon; the number of days said board shall be in session, and the compensation to be paid each of the members thereof. Punishment for secreting property. SEC. 122. The taxes levied annually by the city of Macon shall be due and payable in installments of one-third of the total amount every four months, as follows: The first installment of one-third of the total tax for the year shall be due and payable on the 15th day of April; the second installment of one-third of the total tax for the year shall be due and payable on the 15th day of August; the other installment of one-third of the total tax for the year shall be due and payable on the 15th day of December. Should said installments not be paid within fifteen days from the date they become due and payable, the city shall, in addition to the principal and cost, collect interest thereon at the rate of seven per cent per annum until paid. The city treasurer shall proceed promptly after the first day of January following the year in which the unpaid taxes become due, issue executions for the purpose of collecting the unpaid taxes, as in this charter provided. Taxes, when payable.

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SEC. 123. All taxes levied by the city of Macon shall be collected as follows: An execution shall be issued by the treasurer of the city, directed to the marshal thereof, against the real and personal property of the defaulter, and the marshal shall proceed to levy the same, and after advertising the same for sale for four weeks in such daily newspaper of general circulation in said city as may be designated by formal resolution adopted by the mayor and council, shall sell the property levied on before the court house door of Bibb County between the legal hours of sale on a regular sheriff's sale day. It shall be the duty of the marshal to put up the property and offer the same for sale in parcels until he gets a bid sufficient to pay the taxes due, and shall then knock the property off to the purchaser, make him a deed and put him in possession, as in ordinary sheriff's sales. Such a sale shall be as effectual to pass the title as the deed of the person against whom said execution was issued, but the right of redemption shall exist, as in sales for State and county taxes; provided, that in all cases where property has been bought in by said city for taxes and the title thereof vested in said city, it shall be lawful for the mayor, with the consent of the city council, to authorize a reconveyance of said property to the former owner thereof upon the payment by such owners of all the taxes, premiums, penalties and costs due under the process by which same was sold. Taxes, collection of. SEC. 124. The city of Macon shall never have any power or authority to permit or license the sale of any spirituous, vinous or malt liquors within that portion of Vineville and Huguenin Heights incorporated into and as a part of the city of Macon by the Act of the Legislature approved August 12, 1903, nor within that territory commonly known as North Highlands, incorporated into and as a part of said city of Macon by the Act of the Legislature approved December 15, 1897. Liquor licenses forbidden. SEC. 125. This Act shall not abolish any of the ordinances of the mayor and council of the city of Macon now

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in force, except where they may be in conflict with the provisions of this Act, but all such ordinances shall remain of force in the city of Macon in the same manner and to the same effect as the same were of force under the authority of the mayor and council of the city of Macon, until they are changed, modified or repealed by authority of the city of Macon. Existing ordinances remain of force. SEC. 126. All of the Acts of the General Assembly creating and amending the charter of the mayor and council of the city of Macon now of force, and that are not in conflict with this Act, shall be and remain of full force and effect, and shall be held and construed as a part of the charter of the city of Macon until modified or repealed. Prior Acts of force. SEC. 127. The mayor and council of said city of Macon shall not levy a tax to exceed one and one-eighth per centum per annum upon the property in the city of Macon subject to an ad valorem tax for the purpose of raising revenue for the support of the government of the city of Macon, or to pay any appropriation that may be made by the mayor and council of the city of Macon; provided, however, that the mayor and council of the city of Macon are hereby authorized to levy in addition to the above tax a tax not to exceed one-eighth of one per cent per annum upon the taxable property within the city of Macon, for the purpose of laying sewers and paving the streets in the said city of Macon; that the funds arising from the levy of said tax of one-eighth of one per cent per annum shall never be used by the said mayor and council of Macon for any other purpose than for sewers and pavements; that said tax shall be separately levied, shall specify the amount so levied, shall be separately collected and the funds realized from the levy of said tax shall be kept separate from all the other funds. And the said mayor and council shall not have authority to draw any warrant or order upon the said funds so collected for paving and sewerage, as aforesaid, except in payment of bills contracted by them for said purposes, and the treasurer of the city of Macon is hereby prohibited from paying an order or warrant that

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may be drawn by said mayor and council upon said paving and sewering fund for any other purpose than those herein specified; provided, however, that the funds arising from the levy of said tax of one-eighth of one per cent per annum shall not be expended in laying sewers and paving the streets in said city until the principal and interest due upon any sewer or paving bonds which may be now outstanding or which may hereafter be issued for the year in which said tax is levied shall have been first fully paid and discharged out of the proceeds of said tax. Limit of ad valorem tax rate. Proviso. Paving and sewer tax separate. SEC. 128. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914. MANCHESTER, CITY OF, CHARTER AMENDED. No. 362. An Act to amend the charter of the city of Manchaster, so as to provide for the election of councilmen, fix the length of their terms of office and to provide for the creation of a board to manage and control the sinking fund of said city and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the charter of the city of Manchester in the county of Meriwether, be and the same is hereby amended as follows: That the councilmen of said city, as provided for in its charter that shall be elected at the next regular election in said city, shall hold their terms of office as follows: Two of said councilmen shall serve one year from the time of their election and until their successors are elected and qualified and two of said councilmen

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shall serve two years from the date of their election and until their successors are elected and qualified and thereafter two councilmen shall be elected at the regular election, as provided in said charter each year, and the candidates for councilmen in said city in the regular election shall announce either for the short term or the long term as the case may be, and the tickets cast in said election shall state as follows, For long term and For short term. Terms of office of councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall create a board consisting of three citizens of said city who shall have power, control and custody over the funds known as the Sinking Fund of said city to handle and control same, according to law, and the term of office of said board shall be for the space of six years from the time of their appointment, and any vacancy on said board shall be filled by said mayor and council. The mayor and council of said city shall have the power to remove any member of said board for good and sufficient cause. That the clerk and treasurer of the city council of said city shall act as clerk and treasurer for said board and shall be required to give such bond as said mayor and council may order or require. The members of said board shall receive no compensation for their services, neither shall said clerk receive any extra compensation for the service that he renders to said board. Sinking fund board. Term of office, vacancy, removal, etc. Clerk. No pay. 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 8, 1914. MARIETTA, CITY OF, SEWER TAX. No. 461. An Act to amend an Act approved August 20th, 1906, entitled An Act to authorize the mayor and council of the

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city of Marietta, in the county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the city of Marietta, to be sold for the purchasing, establishing, maintaining, building and acquiring a system of waterworks for said city of Marietta, and to authorize the issuing of said bonds, and the assessing, levying and collecting of a tax on all property, both real and personal, in said city of Marietta for the purpose of paying interest upon said bonds as well as the principal thereof, and for the purpose of creating the board of lights and waterworks, and making them a body corporate, to define their powers and duties and for other purposes, so as to provide further for the board of lights and waterworks to have the power and authority to levy and collect an annual sewer tax on each property owner or person who uses the public sewers of said city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, an Act approved August 20th, 1906, entitled An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to order and have held an election, by the qualified voters of said city, to determine whether or not bonds shall be issued by the city of Marietta, to be sold for the purchasing, establishing, maintaining, building and acquiring a system of waterworks for said city of Marietta, and to authorize the issuing of said bonds, and the assessing, levying and collecting of a tax on all property, both real and personal, in said city of Marietta for the purpose of paying interest upon said bonds as well as the principal thereof, and for the purpose of creating the board of lights and waterworks, and making them a body corporate, to define their powers and duties, and for other purposes, be and the same is hereby amended by adding at the end of the fifth section thereof the following: That said board of lights

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and waterworks shall have the power and authority to levy and collect an annual sewer tax of not exceeding one dollar per year for each connection made with the sewer system of said city against the owners of properties whereon such connection is made, and for the purpose of enforcing the collection of said tax the said board of lights and waterworks is hereby given authority to issue executions by its chairman and secretary against the owners of all real estate in said city whose properties have the benefit of said sewerage system by a connection on said properties with said sewer system, and the said executions so issued shall be a lien against all the properties of the persons against whom they are issued and the said executions shall be enforceable against the said properties by levy and sale by the marshal of said city as is provided in the charter of said city for the levy and sale of other properties by said marshal. Said board of lights and waterworks shall uniformly enforce said tax against all owners of properties in said city whose properties have the benefit of said sewerage system by connection thereon with said system. Act of 1906 amended. Annual sewer tax, power to levy. SEC. 2. Be it further enacted, That the tax so levied and collected shall be used by said board of lights and waterworks for the purpose of extending, repairing and improving the sewerage system of said city, and for no other purpose. Said board shall determine at what time or times the same shall mature and be collectible and on the failure of any party or any person or persons liable for said tax to pay the same within thirty days after the date so fixed by said board of lights and waterworks executions shall issue in accordance with the previous section of this Act. How used. Enforcement of collection. 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, 1914.

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McCAYSVILLE, TOWN OF, CHARTER AMENDED. No. 416. An Act to amend an Act entitled, An Act to establish a new charter of the town of McCaysville, in the county of Fannin, State of Georgia, approved August 20, 1913, being pages 1026 to 1055 of the Acts of 1913, so as to provide for the paving of sidewalks in the town of McCaysville; provide methods for paving same; give the mayor and council the power and authority to require the property owners in said town to pave the sidewalks, bounding their property; to provide a method of procedure therefor, and enforcement thereof. Be it enacted by the General Assembly of the State of Georgia, That the Act creating a new charter, approved August 20, 1913, be, and the same is, hereby amended by adding at the end of Section 69 of said Act to following paragraphs, which shall be numbered, beginning with Section 71 and so on through this amendment to-wit.: Act of 1913 amended. SECTION 1. Be it further enacted by the authority aforesaid, That the mayor and council of the town of McCaysville, after the passage of this Act have the power and authority to require the owners of real property in the town of McCaysville, to pave the sidewalks bounding their property, or pay for said paving by complying with the following provisions of this Act. Paving of sidewalks, power to require. SEC. 2. Be it further enacted by authority of the same, That said mayor and council shall not have authority to order paved or to pave any sidewalk as hereinafter provided for, except in the following manner. Said sidewalks shall be made of concrete of proper mixture of cement, sand and other ingredients. The percentage of all ingredients used, and the specifications of all sidewalks to be determined by the board of mayor and council of said town. Paving materials.

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SEC. 3. Be it further enacted by the authority aforesaid, That when in the discretion of the mayor and council, a sidewalk or sidewalks bounding any real estate in said town should be paved, it shall be the duty of said mayor and council to pass a resolution provided that the owners of said real estate shall be notified as provided by this Act, to pave such sidewalk or walks, such resolution specifically describing the walk or walks to be paved, the manner in which it shall be paved, and shall be spread upon the minutes of said town. Resolution and notice. SEC. 4. Be it further enacted, That when the said mayor and council have passed a resolution as is provided for in Section 3, of this amendment, the clerk of said town shall issue a writ, bearing test in the name of the mayor of said town, calling on the owner of said real estate to show cause, if any he has, at the next regular meeting of said council, why he should not pave the sidewalk or walks bounding his said real estate. Said clerk shall attach a certified copy of said resolution hereinbefore provided for said writ. Said writ shall be substantially as follows: To A. B., you are hereby required to be and appear before the mayor and council of the town of McCaysville at its next regular meeting to be held at the city hall in the town of McCaysville at..... o'clock..... m. on the..... day of 191.....to show cause, if any you have, why you shall not pave the sidewalk or walks as provided in the attached resolution. Witness the honorable..... mayor of said town, this the..... day of 191..... Writ to show cause against paving. .....Clerk. SEC. 5. Be it further enacted by the authority aforesaid, That when the writ shall have been issued as now provided for, the same shall be served on the tenant in possession of said real estate, by the marshal of said town, any constable of said State or any sheriff or deputy sheriff of said State, at least twenty days before the date of the meeting of said council to which the writ has been returnable; provided, that if there is not a tenant in possession, that a service shall be perfected on the owner of the real

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estate. And in case the owner is not a resident of said State service shall be deemed sufficient upon its being made to appear that the writ has been deposited in the United States Post Office at Copperhill, Tennessee, properly stamped and addressed to said owner at his most notorious place of abode, or his place of business, 25 days, before the meeting of the council to which same is made returnable; provided, further, that if service be perfected, by any of the ways provided for, too late for the time for which the writ is made returnable, further service will not be necessary, but such writ is hereby made returnable to the next regular meeting of said council thereafter. Service. SEC. 6. Be it further enacted, That at the time and place specified as hereinbefore provided, the land owner shall show cause, if any he has, why he should not pave the sidewalk or walks bounding his property with the material, and in the manner hereinbefore provided. And if in the judgment of the mayor and city council, he does not show sufficient cause, the said mayor and council shall have the power and authority to order him to pave said sidewalks or walks according to the specifications provided herein, within such time as they may allow him, and upon the failure of such land owner to pave such sidewalk or walks as aforesaid within the time specified, the said mayor and council shall cause the same to be paved at the expense of the said town of McCaysville, to be charged against said landowner, and upon the failure of said landowner to pay the clerk of said town upon demand the actual cost of the construction of said sidewalk or walks, or such part thereof as the mayor and council shall require of the said land owner, said clerk shall issue an execution as other executions provided for in the charter of said town are issued against said landowner therefor, which execution shall be a special lien, superior to all liens, except liens for taxes, due the State or the county, and shall be a general lien on all property, both real and personal, as may be owned by such land owner, after the issuance of said execution. And said execution shall be enforced as other executions issued under the authority of said charter of the said city are enforced. Power to order pavement. Execution for cost of paving. Lien and enforcement.

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SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. MILLEDGEVILLE, CITY OF, CHARTER AMENDED. No. 422. An Act to amend an Act creating a new charter for the city of Milledgeville, approved December 15th, 1900, and Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the charter of the city of Milledgeville, approved December 15th, 1900, be and the same is hereby amended in the following particulars, viz.: That Section twenty-one (21) of said charter be amended by adding at the end of said section the following: That said mayor and aldermen may by ordinance provide for the laying and paving of any and all sidewalks in any and all parts of said city, at such times, in such shape and with such material as in their judgment may be expedient, and at the same time provide for the levy and collection of assessments against contiguous or adjoining real estate and against the owner thereof for a part of the cost of such sidewalks upon the basis that said contiguous property, and the owner therof, shall furnish and pay for all necessary material used in the construction, including the necessary curbing for line of adjoining street, except for the sand and cinders, and that the said city shall furnish and pay for supervision, work and labor of construction and also the sand and cinders used in the said sidewalk construction. And should the said owner of any contiguous or adjoining property, when said

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sidewalk is laid, fail or refuse upon the completion of said work of construction adjoining his property to pay said pro rata part of the cost of said construction, that is for all of said material, including curbing, except the sand and cinders as herein provided for, said mayor and aldermen are hereby authorized to furnish and pay for said material for said property owner, and issue execution against said contiguous real estate and the owner thereof for such pro rata part thereof as is chargeable against the same, which execution shall be issued, levied and collected in the same manner and upon the same terms as is now provided for the collection of unpaid city tax fi. fas. under Sections 34 and 35 of the present charter of said city. The said property owner may interpose illegality thereto as is now provided in cases of the levy and collection of unpaid tax fi. fas. now provided and allowed under Section 34 of said charter. So that said Section 21 when so amended shall read as follows: Act of 1900 amended. To be read as amended. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to pass, from time to time, such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce this Act, and the laws of Georgia, relative to municipal corporations, and provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, and commons, and public squares of said city, and may provide against obstructions thereupon. They may lay such drains or gutters therein as may be necessary and take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash 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, either with or without complaint against it. They may regulate the running of locomotives by steam, electricity or other power. They may provide against obstructions in the streets, alleys and sidewalks therein and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables, or anything of like character calculated

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to cause inconvenience or injury to individuals or to make such streets unclean. They may make such regulations as they may deem proper, relative to the keeping, storage, or sale of gun powder and explosives, or inflammable oils, chemicals, chemicals and powder in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. That said mayor and aldermen may, by ordinance, provide for the laying and paving of any and all sidewalks, in any part of said city, at such times, in such shape and width, and with such material as in their judgment may be expedient, and at the same time provide for the levy and collection of assessments against contiguous or adjoining real estate, and against the owner thereof for a part of the cost of such sidewalks, upon the basis that said contiguous property and the owner thereof shall furnish and pay for all necessary material used in the construction, including the necessary curbing for line of adjoining street, except for the sand and cinders, and that the said city shall furnish and pay for supervision, work and labor of construction, and also the sand and cinders used in the said sidewalk construction, and should the said owner of any contiguous or adjoining property when said sidewalk is laid, fail or refuse upon the completion of said work of construction, adjoining his property to pay said pro rata part of the cost of said construction, that is for all of said material, including curbing, except the sand and cinders, as herein provided for, said mayor and aldermen are hereby authorized to furnish and pay for said material for said property owner, and issue execution against said contiguous real estate and the owner thereof for such pro rata part thereof as is chargeable against the same, which execution shall be issued, levied and collected in the same manner and upon the same terms as is now provided for the collection of unpaid city tax fi. fas., under Sections 34 and 35 of the present charter of said city. The said property owner may interpose illegality thereto, as is now provided in cases of the levy and collection of unpaid tax fi. fas. now provided and allowed under Section 36 of said charter. Streets, sidewalks, etc., control. Sidewalk paving, assessment of adjoining property for.

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SEC. 2. Be it further enacted by the authority aforesaid, That Section 28 of the said city charter be and the same is hereby amended by adding at the end of said section the following: That saild mayor and aldermen shall have the right and authority to employ and work its city chaingang upon the streets or other public works of said city, together along with and in connectoin with any other convicts, whether felony or misdemeanor, That said municipality may from time to time work and employ under the provisions of the Act of the General Assembly of Georgia, approved September 19th, 1908, or that may be worked and employed under contract between said mayor and aldermen, and the commissioners of roads and revenues of Baldwin County; provided, said contract shall be approved by the prison commission of Georgia, working, employing, keeping, housing and maintaining all of said prisoners, together, either at the county convict camp, or in separate camp, either within or without said city limits under the same or separate guards as may be deemed expedient from time to time by said mayor and aldermen. So that said section, when so amended shall read as follows: Act of 1900 further amended. To be read as amended. Be it further enacted that said mayor and aldermen shall have the right to establish a chain-gang in said city; provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The mayor and council of said city shall hire the chain-gang of said city under the provisions of this section, to the county authorities of Baldwin County, Georgia, and shall have the right to make such charge against said county for the hire or lease of said convicts as they may be able to agree upon;

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provided, however, that said convicts shall be kept and provided for by said county authorities in the same manner as the county convicts of said county are kept and provided for. That said mayor and aldermen shall have the right and authority to employ and work its city chaingang upon the streets or other public works of said city together, along with and in connection with any other convicts, whether felony or misdemeanor, that said municipality may, from time to time, work and employ under the provisions of the Act of the General Assembly, of Georgia, approved September 19, 1908, or that may be worked and employed under contract between said mayor and aldermen and the commissioners of roads and revenues of Baldwin County; provided, said contract shall be approved by the prison commission of Georgia, working, employing, keeping, housing and maintaining all of said prisoners together, either at the county convict camp or in separate camp, either within or without said city limits under the same or separate guards as may be deemed expedient from time to time by said mayor and aldermen. Chaingang, authority as to. SEC. 3. Be it further enacted by the authority aforesaid, That section XLI of said charter, approved December 15th, 1900, as amended by Act of General Assembly of 1901, page 549, be and the same is hereby amended by striking the words pro tem. in the sixth line of said section and inserting therein the following words: mayor [Illegible Text] tem. or any other member of council, and by striking the words in place used as the office of the clerk and treasurer of said city, in the ninth and tenth lines of said section and inserting in lieu thereof the following words: in such room or rooms in the present city hall as may be set apart for that purpose by the mayor and aldermen of said city, and by inserting after the word days in the 18th line of said section the words any one or more of these punishments, or all or any part of any one or more of the same as may be ordered in the discretion of said recorder or other officer trying such case, so that said section when so amended shall read as follows: Act of 1900 further amended.

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XLI. Be it further enacted by the authority aforesaid, That there shall be in the city of Milledgeville a court of record to be known as the police court. The jurisdiction of said police court shall embrace all violations of the ordinances of the city of Milledgeville. Said police court shall be presided over by the mayor, mayor pro tem. or any other member of council, in the absence or disqualification of the recorder hereinafter provided for. The sessions of the police court shall be held as often as the recorder shall elect, and at such hours of the day as are most convenient, in such room or rooms in the present city hall as may be set apart for that purpose by the mayor and aldermen of said city. Said police court shall have power to try all offenders against the ordinances, by-laws, rules and regulations of said city and shall have cognizance of all offenders there-under, and shall have power to inflict, on conviction, such punishment as may be provided for the offense; provided, such punishment shall not exceed a fine of one hundred and fifty dollars and costs, imprisonment in the guard house of said city for sixty days, or hard labor in the chaingang of said city for thirty days, any one or more of these punishments or all or any part of any one or more of the same, as may be ordered in the discretion of the recorder or the officer trying such case; provided, that should there be no guard house in the city suitable for the secure and humane treatment of offenders and no chaingang, then it shall be lawful to imprison them in the common jail of Baldwin County. To be read as amended. Police court; its jurisdiction, powers, etc. SEC. 4. Be it further enacted, That section XL of said city charter as amended by Act of 1901, page 549, be and the same is hereby stricken and the following substituted in place and stead thereof; that said mayor and aldermen shall have power to prohibit, by ordinance, the having on hand, or keeping on hand in any place, house, stand, booth, wagon, buggy, automobile, or on the person for illegal sale, within the city of Milledgeville, any alcoholic, malt, spirituous or vinous liquor or any mixture of such liquors which if drunk to excess will produce intoxication; the keeping of lewd

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houses, the keeping or running of gambling rooms or houses, the pursuing of one's ordinary avocation on Sunday, disturbing Divine worship, the unlawful carrying of pistols, knives or knucks, and all other offenses of like character, defacing, injuring or destroying of any public building and of any room therein or any portion thereof. The police court shall have jurisdiction to try persons for any of such offenses, within the limits of said city, and punish them upon conviction as hereinafter provided in this charter. Further amendment of charter. Power to prohibit keeping of liquors, lewd houses, gaming rooms, Sunday violations, weapons, etc. SEC. 5. Be it further enacted by the authority aforesaid, That section XLIII of said charter approved December 15th, 1900, as amended by Act of 1901, page 549, be and the same is hereby amended by inserting after the word city in the fourth line of said section the following words or any State, county or city officer who by law is authorized to administer an oath, so that when said section is so amended it shall read as follows: Acts of 1900 and 1901 further amended. To be read as amended. Be it further enacted by the authority aforesaid, That all trials in the police court of said city shall be held under and by virtue of affidavit and warrant, which said affidavit may be made by any person before the clerk of said city, or any other State, county or city officer, who, by law, is authorized to administer an oath, 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 and deputy marshal of the city of Milledgeville. Upon said affidavit, issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed by reason 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. Trials in police court. Affidavit and warrant. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1914.

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MILLEN, CITY OF, NEW CHARTER. No. 533. An Act to create a new charter for the city of Millen, in the county of Jenkins and State of Georgia, and to reincorporate 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 where the same is not in conflict with this Act; 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 be valid and binding until the same are repealed or amended by the mayor and councilmen of said city; to declare the rights and powers of said incorporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers of said city and the manner of their election and removal from office; to provide for the terms of office for the various officers of said city; to provide for the retention in office of the present officers of said city until the elections provided for in this charter are held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters in said city, and for the registration of the same; 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 the working of persons convicted of violating the laws of said city; 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

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and councilmen to maintain and operate a system of water works and sewers and electric light plant; to authorize said city to borrow money and issue bonds and other evidences of debt for public purposes; to provide that all valid contracts heretofore entered into by the authorities of the city of Millen shall be valid for and against the city of Millen, and that all property held and owned by the city of Millen under its charter, which is superseded by this Act, shall remain the right and property of the city of Millen; 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 and all other legal obligations of said city; to authorize the taxation and license of all kinds of business, trades and 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 in the event the same should be desired; to provide for the abatement of nuisances; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for search for same and seizure and destruction thereof, and the punishment of offenders; to grant encroachment on the streets; to force the connection of all closets, etc., with the sanitary sewers; to provide penalties for failure to do so, and regulate the manner in which the city shall do said work and hold and enforce a lien against the property for the same; to provide for submitting

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this Act to the vote of the people; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide for all matters and things necessary, proper and 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 the authority of the same, That the inhabitants of the territory embraced within the limits of three-quarters of a mile in every direction from the center of the court house lot in Millen, Jenkins County, State of Georgia, the same being bounded on the north by Lewis Street, on the east by Harvey Street, on the south by Winthrop Street, and on the west by Cleveland Street, said lot containing two acres, more or less, be incorporated under the name and style of the city of Millen, and said city of Millen is hereby incorporated, and by that name and style shall have perpetual succession. Territorial limits defined. SEC. 2. Be it enacted by the authority aforesaid, That the inhabitants of the territory hereinbefore designated be, and they are, hereby constituted and continued a body politic and corporate under the name and style of the city of Millen; and by that name and style shall have perpetual succession, with power and authority in and by said corporation to contract and be contracted with, to sue and be sued; to plead and be impleaded in any court of law and equity in this State, or elsewhere, as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain to them, their successors and assigns for the use and benefit of said city of Millen, in perpetuity, or for any term of years, any estate or estates, and any and all kinds of property, real and personal, lands, tenements and hereditaments of whatsoever kind, or nature, within or without the corporate limits of said city for corporate purposes. To have and to hold all property now belonging to said city, either in its own

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name or in the name of others, to the use of said city for the purpose and intents for which the same were given, granted and dedicated; to use, manage and improve, sell, convey, rent or lease same; and shall have like power over all property hereafter acquired; and shall succeed to all the rights and liabilities of the present corporation of the city of Millen. They shall have the power to borrow money and give evidences of indebtedness for the same, to issue bonds and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, resolutions, ordinances or other orders as they may deem proper, not in conflict with this charter or the constitution and laws of this State or the United States. City of Millen incorporated. General powers. SEC. 3. Be it enacted by the authority aforesaid, That the municipal government of the city of Millen shall be vested in a mayor and five councilmen, to be elected as hereinafter provided, and such other officers as said mayor and councilmen may consider right and proper to elect or appoint, as hereinafter provided. That said mayor and councilmen shall comprise the mayor and city council of the city of Millen, and 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, motorcycles, bicycles, carriages, drays, hacks, cabs, wagons, airships, livery and sales stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, dance halls and other places of amusements, bowling alleys, pool and billiard rooms, garages, shops, mills, factories, ginneries, soda fountains, barber shops, telephone, telegraph and express companies, gas, water and light and electric companies, booths, stands, warehouses, tents and all

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and every other matter and thing whatsoever that may by them be considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for the preserving of the peace, good order and dignity of said government. This enumeration of powers shall not be construed or 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. Government. Legislative powers. General welfare. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Thursday in January, 1915, an election shall be held for mayor and five councilmen; the mayor and two councilmen shall be elected for a term of two years, and three councilmen shall be elected for a term of one year, and at each annual election to be held thereafter their respective successors shall be elected for a term of two years. If a vacancy occurs in the office of mayor or councilmen by removal, resignation, death or otherwise, the city councilmen themselves shall select and elect some proper person to fill said vacancy, and by written resolution declare him chosen to fill such vacancy. In such cases of elections to fill vacancies a majority of the councilmen shall elect, and in case of a tie the mayor shall be allowed to vote in the filling of such vacancy. That the present mayor, S. W. Palmer, and the present councilmen, W. R. Turner, W. M. Corbett, R. W. Matthews, M. G. McComb and M. S. Joyner, shall hold their office and discharge the duties thereof until the first election under this charter to be held on the first Thursday in January, 1915. That all minor officers elected or appointed by said mayor and councilmen shall hold office and discharge the duties thereof for the terms for which they were elected or appointed, unless sooner removed by said mayor and councilmen for cause. Election of mayor and five councilmen. Terms of office. Vacancies, how filled. Present mayor and council hold.

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SEC. 5. Be it further enacted by the authority aforesaid, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance of his official duties, the office or offices may, in the sound discretion of the remaining members of the council be declared vacant and the vacancies filled, as provided in Section 4 of this Act; provided, however, that this power to declare said offices vacant shall not be exercised until the party whose office is affected shall have reasonable notice (not less than ten days) of the intention of said city council to investigate his conduct with a view of declaring his office vacant, which notice shall be in writing and specify the time and place of hearing; and said party affected shall have the right to be present at said hearing, to have compulsory process, to compel the attendance of such witnesses as he may wish to have subpoenaed in his behalf, and to be represented by counsel. Neglect or failure of duty. Power to declare vacancy. SEC. 6. Be it further enacted by the authority aforesaid, That every male person who shall have attained the age of twenty-one years, and who is a citizen of the United States, and who shall have resided and had his domicile in the State of Georgia and in the county of Jenkins for six months, and in the city of Millen for three months next preceding the date of election, and who shall have paid all State and county taxes since the adoption of the present constitution of the State of Georgia, and who shall have paid all municipal taxes and licenses and done all work on streets, to and by the city of Millen, since the approval of the Governor of this charter, and who are otherwise qualified to vote for members of the General Assembly of the State of Georgia, and who have registered as hereinafter provided, shall be qualified to vote at any election held in the city of Millen under this charter. Voters qualified. SEC. 7. Be it further enacted by the authority aforesaid, That the clerk of the city council of Millen shall keep a registration book for the registration of all persons qualified to vote, which shall be kept open every day during

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office hours, except Sundays, for the registration of voters. That every person offering to register shall apply in person to said clerk, and shall write or cause to be written his name, age, occupation, color in said registration book. The registration book shall be closed thirty days before an election, and no persons shall be allowed to register after said book is closed. The clerk of the city of Millen is hereby made the registrar, and he shall keep separate all the names of the white and colored voters, and shall not permit any person to register who is not qualified to do so, or who shall refuse, when required, to take the following oath: I do solemnly swear (or affirm) that I am twenty-one years of age, or will be on the day of the election for which I am registering to vote; that I am a citizen of the United States; that I have resided and had my domicile in the State of Georgia for one year, and in the county of Jenkins for six months, and in the city of Millen for three months immediately preceding the election for which I am registering to vote; that I have paid all State and county taxes since the adoption of the present constitution of the State of Georgia; that I have paid all municipal taxes and licenses demanded of me by the government of the city of Millen, and have done all work on the streets required of me by said government since the approval of this charter by the Governor; and that I am qualified to vote for members of the General Assembly of the State of Georgia; so help me God. The registrar is authorized to administer said oath, and when persons are so sworn he shall designate the fact on said registration book. Any person swearing falsely under this section shall be subject to indictment and punishment as in other cases of false swearing under the laws of this State. Registration of voters. Registrar. Oath of voter registering. SEC. 8. Be it further enacted by the authority aforesaid, That there may be an appeal from the decision of the registrars to a committee from the board of councilmen previously appointed by the mayor for that purpose, whose decision shall be final. All appeals shall be made, heard, determined within fifteen days from the close of the registration book. After all appeals are decided it shall be

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the duty of the registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. The registration book shall be open to the inspection of the public at all times during office hours. Appeal as to registration. SEC. 9. Be it further enacted by the authority aforesaid, That in all elections held for the purpose of authorizing the issuing of bonds by the mayor and councilmen of said city, and in all special elections for any purpose whatever, a special registration shall be had for such elections, and said registration list shall be prepared in the same manner and under the same rules and regulations as provided in this Act for the election of mayor and councilmen of said city, and no such bond election or special election shall be held without special registration therefor, unless said election shall occur within three months after the close of the registration book for the election of just preceding. Special registration for bond elections, etc. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor shall appoint three freeholders of said city or a justice of the peace and two freeholders of said city, who shall be registered voters therein, to manage said election. It shall be the duty of said managers to receive, count and verify the votes polled. Each of said managers before entering on his duties shall take and subscribe the following oath before some officer authorized by the law of Georgia to administer oaths: I do solemnly swear that I will faithfully 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. Managers of election. Oath of managers. SEC. 11. Be it further enacted by the authority aforesaid, 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 a citizen of the United States, and that I have resided in and had my domicile in the State of Georgia for one year; that I am twenty-one years of age, and have lived in the county of Jenkins for six months and

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in the city of Millen for three months immediately preceding this election; that I have paid all State and county taxes since the adoption of the present constitution of the State of Georgia, and all municipal taxes and licenses, and have done all street work legally required of me by the authorities of the city of Millen; that I am otherwise qualified to vote for members of the General Assembly of Georgia; that I have registered according to law, and that I have not voted in this election; so help me God. And no person challenged shall be allowed to vote if he refuses to take said oath. Any person voting illegally at any election in the city of Millen 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 Jenkins County having jurisdiction of the same. Oath of challenged voter. Illegal voting. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor to furnish all necessary material for holding elections in said city, and he shall cause to be published in the gazette in which the legal advertisements of said city are published the names of the managers of said elections in one issue only of said paper, ten days before said election. All elections shall be held at the city hall in said city, and at such other place or places in said city as the mayor and councilmen may by ordinance prescribe. The polls shall be opened at 8 o'clock a. m. and closed at 4 o'clock p. m., solar time, at all elections. Materials for holding elections; notice and place. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor, in conjunction with the chief of police and the sheriff of Jenkins County, shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of deadly weapons and to secure all electors the right to deposit their ballots at the polls without the fear of harm or intimidation. No officer of said city or manager of any election precinct shall threaten or intimidate or persuade any elector at such elections. Order at elections. Intimidation of voters.

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SEC. 14. Be it further enacted by the authority aforesaid, That after the votes at any election shall have been counted by the managers thereof, they shall cause two copies of the tally sheet to be made out and verified by them as true and correct; one of which shall be retained by said managers, and the other turned over to the mayor, who shall declare the result of said election and shall cause the persons elected to be notified of the same, and shall file with the city clerk the certified copy of the tally sheets of said election, to be kept on file by said clerk in his office and duly recorded by him on the minutes of the board of councilmen. The person who shall receive the largest number of votes for council from the city at large shall be declared duly elected. In case of a tie vote between two persons for the same office, another election shall be called by the mayor and councilmen, to be held within thirty days of the election at which said tie occurred. Tally sheets, returns and declaration of result. SEC. 15. Be it further enacted by the authority aforesaid, That the persons elected as mayor and councilmen shall attend on the first regular meeting day after their election at the city hall for the purpose of qualifying and taking the oath of office. The mayor and every councilman so elected shall take and subscribe before some officer authorized by the laws of the State of Georgia to administer oaths, the following oath: I (A. B.) do solemnly swear that I will well and truly perform the duties of mayor (or councilman, 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 Millen and the common interest thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Oath of office. SEC. 16. Be it further enacted by the authority aforesaid, That no person shall be eligible to hold the office of mayor unless he be twenty-five years of age, a qualified elector of the city of Millen, and shall have resided in the city of Millen two years immediately preceding his election. No person shall be eligible to the office of councilman

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unless he shall have attained the age of twenty-one years of age, be a qualified elector of the city of Millen, and shall have resided in the city of Millen one year immediately preceding his election. Eligibility of mayor and councilmen. SEC. 17. Be it further enacted by the authority aforesaid, That the term of office of the mayor shall be two years and until his successor is elected and qualified. He shall receive a salary to be fixed by the board of councilmen, not to exceed five hundred dollars per annum. He shall be the chief executive officer of the city and shall have general supervision over all its affairs. Shall sign all deeds and contracts except deeds made for property sold at public sale under execution, which shall be by the marshal; and shall be clothed with veto power, as hereinafter set out. It shall be his duty to see that the laws of this State and the ordinances of the city are faithfully executed within the corporate limits of the city. He shall keep the board of councilmen advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the board of councilmen together at any time when deemed necessary by him, and shall preside over the same. He shall devote as much time as may be necessary to the business of the city, and shall not be absent from the State for a longer period than fifteen days together, nor from the city for more than twenty consecutive days, with leave of the board of councilmen. Mayor's term of office. Salary. Duties. SEC. 18. Be it further enacted by the authority aforesaid, That each of said councilmen shall receive as compensation for his services out of the treasury of the city a sum not exceeding three dollars for every session of the board of councilmen actually attended by him; that no councilman shall receive more than one hundred dollars per annum, in the aggregate. Said compensation herein provided for shall be in full for all services rendered the city, and shall be fixed by the mayor and board of councilmen. It shall be the duty of the clerk to keep a faithful record of the attendance of every councilman on the sessions

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of the board, and compensation herein provided for shall be paid only on his certificate of such actual attendance, which said certificate shall accompany the treasurer's voucher. Compensation of councilmen. Record of attendance. SEC. 19. Be it further enacted by the authority aforesaid, That should the mayor or any member of the board of councilmen be guilty of any other conduct unbecoming an officer of the city of Millen, he shall be subject to impeachment by the mayor and board of councilmen, and on conviction shall be removed from office. Impeachment. SEC. 20. Be it further enacted by the authority aforesaid, That there shall be a mayor pro tem., who shall be elected from the councilmen, 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 of said officer. Before entering upon 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 councilman. 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 councilmen shall elect a chairman from their body, who shall take the same oath and be clothed with all powers, rights and duties of mayor, and he shall serve during the absence or disability of the mayor and the mayor pro tem. Mayor pro tem. SEC. 21. Be it further enacted by the authority aforesaid, That every ordinance and resolution passed by the board of councilmen shall, before the same becomes effective, be approved and signed by the mayor within three days after the passage thereof, unless passed over his veto, as hereinafter provided. The mayor shall have the right to veto any action taken by the board of councilmen; if he shall not approve the same, and shall return it within three days after its passage, and the board of councilmen at the next regular meeting thereafter, at which a quorum shall be present, order said objection entered on the minutes and take a vote on said question as to whether said resolution, ordinance or other action shall become adopted over said

Page 1070

veto. Should as many as three councilmen vote in the affirmative, said resolution or ordinance shall stand affirmed and become effective without the approval of said mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. If said ordinance or resolution shall not be returned by the mayor to the board of councilmen within five days after its passage, it shall become effective in like manner as if the mayor had signed and approved the same. Ordinances. Veto power. SEC. 22. Be it further enacted by the authority aforesaid, That the police force of said city shall consist of a chief of police, marshal and such other officers and men as the mayor and councilmen may be ordinance prescribe. Their terms of office shall be for one year, but they or any of them may be suspended or discharged by the mayor and councilmen at any time when in their opinion such suspension or discharge becomes necessary for the good of the service, or the interest of the city. The compensation of the police shall be prescribed by ordinance of the mayor and councilmen, but no extra pay or allowance, costs or perquisites shall ever be allowed. They shall have the 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 Millen, and all persons committing or attempting to commit any crime against the laws of this State, or violation of the ordinances of this city. They shall have the power and authority to confine all persons arrested in the city prison or in the common jail of Jenkins County, and bring them before the mayor's court for trial or commitment; provided, that all persons not intoxicated, desiring to give bail for their appearance before such mayor's court, in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the mayor or city attorney, and in their absence by the chief of police. The police force shall be elected by the mayor and board of councilmen, who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police force, powers, etc.

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SEC. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police, either upon written or verbal notice from the mayor or any member of the board of councilmen to prosecute all offenses against the laws of this State committed within the limits of the city of Millen. 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 same without such notice. Prosecution of offenders. SEC. 24. Be it further enacted by the authority aforesaid, That the chief of police shall give bond in the sum of $2,000.00 for the faithful performance of his duties as such. In case of the resignation, death, removal from office or disability from any cause of the chief of police, the mayor, and in his absence the mayor pro tem., and in his absence the chairman of the board of councilmen, shall appoint some person to perform his duties until the next regular meeting of the board of councilmen, when the mayor and the board of councilmen shall elect a successor for the unexpired term or until the removal of his disabilities. Chief of police; bond, etc. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and the 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 and proper for the well being and the 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 all members of the fire department shall be elected for one year, but may be removed or suspended, as hereinbefore set out. Fire department. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and 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

Page 1072

board shall, when established, consist of three members; that is, the mayor and two members of the council. 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 light and water plant now owned and operated by said city; to establish and equip, maintain, modify and operate a system of sewers and drains in said city; to appoint, to superintend and remove all employees of said light and water system, to purchase, rent and lease real estate, apparatus and machinery and all other things necessary to properly and successfully conduct said light, and 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 laws, rules and regulations for their own government and the government of the employees and the management of said light and water and sewer system as they may deem necessary, not in conflict with this Act. Said board shall make quarterly reports to the mayor and 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 members of said board shall receive for their services such compensation, to be fixed by two-thirds votes 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 member was elected. Said board shall elect a clerk and fix his compensation, to be approved by the mayor and board of councilmen. That in the event of the death, resignation or removal from the city of any members 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.

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SEC. 27. Be it further enacted by the authority aforesaid, That there shall be a board of health, to consist of the mayor, a city physician, and three citizens of the city, who shall be elected by the councilmen, and who shall hold office for one year and until their successors are elected 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 office. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal and otherwise, penalties for the violation of which shall be fixed by ordinance of the mayor and board of councilmen. Board of health. SEC. 28. Be it further enacted by the authority aforesaid, That said board of health shall have full power an 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 and for the prevention and generation of infectious and contagious diseases. All ordinances of the city of Millen now in force for the prevention of all things in this section shall have full force and effect until the same are changed, either by amendment or otherwise. The mayor and board of councilmen shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health, and the mayor's court shall have 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. Nuisance abatement. Ordinances and regulations. SEC. 29. Be it further enacted by the authority aforesaid, That said board of health shall have the supervision of all streets, lanes, alleys, water closets, together with the

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drainage and sewers of the city. The smallpox hospital shall also be under the sole management of said board of health. They shall also examine all public buildings and institutions within the city and compel such sanitary regulations therein as they may deem necessary and proper. Said board of health shall make a full report of its actings and doings to the mayor and board of councilmen every quarter, together with such recommendations touching the public welfare as they may see fit and proper, and shall also make such other and further reports from time to time as the mayor and councilmen 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 proceedings of this board shall be open to public inspection, and shall be filed carefully and kept among the records of the city government. Said board of health shall have power to declare what are infected parts or plcaes on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts. They may establish such quarantine regulations, with the approval of the mayor and board of councilmen, as are not in conflict with the constitution and laws of this State or the United States. They shall have power and authority to require all physicians, clergymen and magistrates to make a report of all births, marriages and deaths occurring in said city, with which they have professional relations, which reports shall be turned over by said board to the city clerk. That whenever any member of said board shall fail to attend three consecutive meetings of said board without sufficient cause, the chairman shall report the same to the mayor and councilmen, who shall have authority to declare his place vacant and fill the same as in the first instance. Said board shall be paid by the city the amount prescribed by the mayor and councilmen. Matters under control of board of health. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city, or any neighborhood or

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place, to be abated in a summary manner, and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine or imprisonment, or both, in the discretion of said mayor and board of councilmen. Nuisances, abatement of. SEC. 31. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen 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 streets or alleys on which said lot or lots front; also on like report to cause the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary, and whenever the owner or owners of any such lot or lots, or cellar or cellars, shall refuse or fail after a reasonable notice to him or his agent, or to the tenant in possession of said premises, to comply with all the requirements of said mayor and councilmen for the period of twenty days, it shall be lawful for the mayor and councilmen to cause the same to be done at the expense of the owner, and for the amount so expended the clerk of the city shall issue an execution against said owner, to be collected from said property, or any other property belonging to him, and a sale by said sheriff under judgment and execution, and said owners are subject to punishment for maintaining a nuisance. Drainage. SEC. 32. Be it further enacted by the authority aforesaid, That in addition to the officers already named, there shall be a city treasurer, a city clerk, a city marshal, a city attorney and a city engineer and such other officers or agents of the city as the mayor and councilmen may by ordinance prescribe. These officers shall serve for two years, and until their successors are elected and qualified, unless sooner removed for cause, to be judged by the mayor and councilmen by a two-thirds vote. They shall be elected by the mayor and councilmen by a majority vote of the whole board. City clerk, treasurer, marshal, attorney, engineer, etc.

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SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to receive and disburse all money of the city. He shall give bond in the sum of three thousand dollars, conditioned for the faithful performance of his duties, and shall take an oath in the presence of the mayor and councilmen, that he will to the best of his skill and powers, faithfully and efficiently perform the duties of his office without favors or affection to any one. He shall make itemized reports of all receipts and disbursements, and submit the same to the mayor and councilmen whenever called upon by them to do so. One person may hold the office of treasurer and clerk. Treasurer's duties. SEC. 34. Be it further enacted by the authority aforesaid, That the city clerk shall attend all meetings of the mayor and councilmen and of the board of health, and keep the minutes and files of each; attend to the issuance of licenses, sign and issue all executions or other process for the collection of taxes or money due the city, and perform such other duties as may be required of him by the mayor and councilmen. He shall give bond in the sum of three thousand dollars for the faithful performance of his duties, and shall take the same oath of office prescribed for the city treasurer, in presence of the mayor and councilmen. Clerk's duties. SEC. 35. Be it further enacted by the authority aforesaid, That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and perform such other services as the mayor and councilmen shall by ordinance require. He shall give bond in the sum of two thousand dollars for the faithful performance of his duties and shall take the same oath of office in the presence of the mayor and councilmen, as is prescribed for the treasurer; provided; that nothing herein contained shall prevent the mayor and councilmen from consolidating and combining the offices

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of police and city marshal, and electing the same person to fill both offices. Marshal's duties. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have authority by ordinance, to prescribe the duties of the city attorney and city engineer and all other officers of the city, whose duties are not herein prescribed; to fix their salaries and the amount of bond they shall give for the faithful performance of their duties, and prescribe the oath to be taken by them. Duties of attorney and engineer SEC. 37. Be it further enacted by the authority aforesaid, That all elections by the mayor and councilmen and all votes for the confirmation of appointees, shall be in public, and shall be conducted as follows: As soon as the names of the candidates or appointees are announced, the clerk shall call the roll, and each member of the body shall, as his name is called, vote viva voce, the clerk keeping a correct record of all votes, which shall be entered on the minutes. At the conclusion of the call the presiding officer shall declare the result. A majority of the whole board shall in all cases be necessary to elect or confirm, as the case may be. Elections by mayor and council. SEC. 38. Be it further enacted by the authority aforesaid, That in the absence, sickness or disqualification of the mayor, the mayor pro tem. of said city shall be clothed with all the power of said mayor. Mayor pro tem. SEC. 39. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have full power and authority to pass all laws and ordinances, rules, regulations necessary and proper to secure the efficient and successful administration of the business of this court. Ordinances, rules, etc. SEC. 40. Be it further enacted by the authority aforesaid, That there shall be an appeal from the said mayor's court to the board of councilmen, and in case of appeal from the councilmen it shall be granted only by writ of

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certiorari to the superior court of said county. That when ever any person convicted in said court, or his attorney, shall give notice that he intends to apply for a writ of 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 to the court of appeals, until there is a final determination of said case, in the said court of last resort. But no person convicted in said mayor's court shall be released from custody until he shall have given a good and sufficient bond and security to be fixed and approved by the presiding officer of said court, for his appearance to carry out and perform said sentence in event the same is affirmed; provided, that appeals from the mayor's court or council be made within two days. Mayor's court. Certiorari. Bond for appearance. SEC. 41. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power to control all markets and marketing within the city limits; to fix hours of sale therein; to prohibit the sale of marketable commodities elsewhere within the city or at any other times; to pass all ordinances, rules and regulations necessary and proper to control and regulate the market and marketing in said city. They shall have full power and authority to establish a city market and to restrict the sale of all articles and commodities usually sold at markets to the market so established; to prescribe rules and regulations for the government of said market; to rent out stalls and collect the income therefrom, and take all steps and do everything necessary and proper to carry out the intention of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing, and any person violating the same shall, on trial and conviction thereof, before the mayor's court, be punished for the same. Markets. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, parks and public land of said city.

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They shall have full and complete power and authority to manage, control, direct, 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, pale or other obstruction or nuisance thereon; and if the owner of same shall fail or refuse to remove same within such removable time as may be fixed by mayor and board of councilmen, 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 expense thereof, and he shall also be 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 so do; and no person or corporation shall at any time hereafter lay out, open, or extend any street, lane, alley, sidewalk, park or square, contrary to the original plan of the city, without the consent of three-fourths of the mayor and board of councilmen by vote had at the regular meeting, and any application for this purpose shall be filed with the city clerk, with a plat of the same attached, and notice thereof given to the public by said applicant by advertisement for one insertion in the official gazette of said city. In event the mayor and councilmen 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, irrevocable, 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, sidewalks and opening and extending, straightening, grading, draining, working, or in any manner whatsoever changing the grade, street, lanes and sidewalks of the city. And whenever the mayor and board of councilmen shall desire

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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 fiduciary, in the manner provided by Sections 4657 to 4685, inclusive, of Volume 2 of the Code of Georgia of 1895 and Acts amendatory thereof. Streets, powers as to. Removal of obstruction. Streets, opening and improvement of. Condemnation of property. SEC. 43. Be it further enacted by the authority aforesaid, 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, 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 streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the frontage of said property. The entire expense of paving sidewalks, lanes and alleys shall be borne by the abutting property owners in just proportion to the foot frontage of their property thereon. The entire expense of all railroad crossings shall be borne by said railroads. Whenever the mayor and board of 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 owner 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 liens for taxes, and

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said execution shall be levied on said property by the chief of police or marshal of the city, the same advertised and sold at public auction, in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said chief of police or marshal shall make to the purchaser a good and valid deed thereto conveying title as fully and complete as the sheriffs of this State are authorized to do so at public sales under judgment and execution. The city of Millen shall have full right to bid on and purchase said property at said sale if it choose to offer the highest bid therefor, whereupon said deed shall be made to said city. Said chief of police or marshal is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Street improvements. Assessment of abutting property. Railroad crossings. Execution, lien of. Levy and sale. SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to grant encorachments upon the streets, sidewalks, lanes, alleys and lands of the city, upon such terms and in such manner as may be prescribed by ordinances; and, for a valuable consideration to vest in the purchaser absolute title thereto. This power shall be exercised with caution and due regard shall be had to the rights of the city and to all property owners to be affected thereby. Encorachments on streets. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to license, regulate and control all hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, bowling alleys; to license and regulate drays, hacks, wagons, automobiles and other vehicles used for business purposes; to regulate and control all livery and sales 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 stove pipe,

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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 of ill fame within the city to cause the occupant thereof to be forcibly removed without the city, if they shall refuse to leave after three days' notice. Licensing and control of occupations. Sec. 46. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to prevent stock from running at large, and to take up and impound any horse, mule, cow, hog, goat, dog and other domestic animal found at large within the city limits, and to provide by 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. 47. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen 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 wines, beer, near beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, within the corporate limits of the city of Millen, and to punish any person or persons for violating the same. Liquors, illegal keeping of. SEC. 48. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen 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 same. When said fire limits are so established it shall not be lawful for any one to erect therein any building or structure of any material other than brick, stone or other incombustible material, or such other material as shall be authorized by the mayor and board of councilmen, and should any one erect or cause to be erected any building or structure other than as above within said fire limits, the mayor and board of councilmen, after giving five days'

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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; removal of buildings. SEC. 49. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city, and upon banking, insurance, and other capital employed therein. They shall have power and authority to levy and collect a specific tax on factors, bankers, agents, or managers of gift enterprises, and upon all persons exercising within the city a profession, trade, calling or business of any nature whatsoever; provided, said tax is not in conflict with the laws of this State. They shall have power and authority to tax theatrical performers, circuses, street parades, exhibitions or shows of any kind within the corporate limits of the city. They shall also have power and authority to levy and collect a street tax on every male inhabitant of the city, subject to road duty between the ages of 16 and 50 years; provided, said street tax shall not exceed the sum of three dollars per annum for each person; and provided further, that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of failure to do said work or pay said street tax, the mayor and board of councilmen may enforce the same by fine, execution or compulsory labor on said streets at their discretion. Taxing powers. SEC. 50. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to impose and collect a tax upon all dogs within the city in such a manner and mode as they may deem best; provided, that in no case shall the tax or license imposed exceed one dollar per capita per annum on said dogs. Dog tax. SEC. 51. Be it further enacted by the authority aforesaid, That the public schools of the city of Millen shall be controlled by a board of education, to be elected by the

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mayor and board of councilmen, who shall fix the number of said board of education, prescribe their duties and the terms for which they shall hold office; and by resolutions or ordinances provide for the proper management of said schools. That the present board of education shall continue to hold office under this charter until their terms of office expire and their successors are elected and qualified. The board of education shall have power and authority to require of each pupil desiring to attend the public schools in said city, matriculation fee not exceeding four dollars per annum, said fee to be paid to and disbursed by the treasurer of said board, as other public school funds. Public schools and board of education. SEC. 52. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall not in any one year collect a tax not exceeding one-fourth of one per cent on the taxable property of said city, for the support and maintenance of said public schools. School tax. SEC. 53. Be it further enacted by the authority aforesaid, That all sales of property under execution in favor of said city of Millen shall be advertised in the official gazette of said city, and such sales shall be made and conducted in the same manner as sheriff's sales under execution in the county of Jenkins. Advertisement of sales. SEC. 54. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have full power and authority over and absolute control of all pipes, sewers, private drains, for filthy waters or other substances or fluids in said city; 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 or destroy any water closet, urinal or other receptacle or drain now in use or hereafter

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to be erected and put in use, which do not conform to rules and regulations of said mayor and board of councilmen, and which may be detrimental to the public health. They shall also have full power and authority to compel all property owners to connect water closets, urinals or other receptacles or drains aforesaid, on the premises of such property owners with the sanitary sewers of said city, under such rules and regulations as may be prescribed by them; and if such property owner shall fail to connect any water closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, which time shall not be less than thirty days, the city authorities may cause such connections 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 executions against said property owner or against said real estate so improved, which is hereby declared to be a first lien on said real estate superior to all other liens for taxes; and the chief of police or marshal shall levy the same on said real estate, and advertise and sell the same in the manner as sheriff's sales under judgment and execution. The city may become the purchaser thereof if it chooses to offer the highest bid therefor at said sale. The officer making said sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriff's deeds under sales made by judgment and execution, and he shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The city authorities shall also have the right, power and authority to arrest and prosecute the owner of such property, and if on trial before the 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 upon or into any private house or other building, for the purpose of inspecting said closets, urinals and other drains and pipes, to remove same whenever condemned, and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of

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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. Health and sanitary regulations. SEC. 55. Be it further enacted by the authority aforesaid, That the value for taxation of real and personal property in said city subject to taxation shall be determined by three disinterested freeholders of said city, to be elected annually by the mayor and board of councilmen, who shall take an oath to assess all property in at a fair market value to the best of their skill and knowledge. In case any property holder or taxpayer shall be dissatisfied with any assessment so made by said assessors, he may appeal to the mayor and board of councilmen, who shall review the same, and whose decision thereon shall be final. Said assessors shall be paid out of the treasury such compensation for their services as may be fixed by the mayor and board of councilmen, the same not to exceed the sum of three dollars per day to each for every day actually engaged in said work. Tax assessors and valuation of property. SEC. 56. Be it further enacted by the authority aforesaid, That the taxes levied annually by the city, including special taxes, street taxes and licenses, shall be due and payable at such time as the mayor and board of councilmen may by ordinance prescribe; and they are hereby authorized and empowered to fix by ordinance the time the same shall become due and payable. Taxes, when due. SEC. 57. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have power and authority to fix by ordinance the salary to be paid the city clerk, physician, treasurer, city attorney and all other officers and employees of said city. They shall have power and authority to appoint from their number such committees for the transaction of business as they may see proper, and prescribe the duties of the same and have in general all power and authority to make and pass such rules, laws, ordinances and resolutions necessary or incident to the good government of said city. Salaries of officers.

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SEC. 58. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have power and authority to establish, equip and maintain a city chaingang and pass all necessary rules and regulations for the proper management of the same. Chaingang. SEC. 59. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have power and authority to regulate the running of automobiles, bicycles and other high-speed vehicles in said city; to prescribe the rate of speed at which the same may be run, and the manner in which the same may be run, the qualifications of the drivers thereof, the registration of said machines, and all and every other act and thing necessary or incident to the safety of the same and of the public. Automobiles and bicycles, regulation of. SEC. 60. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have full power and authority to regulate the storing or keeping of gasoline, kerosene and other inflammable or explosive oils, and the keeping and storing of gunpowder, dynamite, nitro-glycerine and other explosives within the city limits. Dangerous substances. SEC. 61. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have full power and authority to regulate the running of all railroad trains, and all street cars within the city limits, and to prescribe the manner in which the same may be run and the rate of speed of the same. Railroad trains, speed of. SEC. 62. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have power and authority to grant the right to use any street or streets of said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting any such franchise they shall fully and completely guard and protect every present and future interest of said city and the inhabitants thereof. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth, enumerated and named therein. Street franchises.

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SEC. 63. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen of said city, or the water and light commission, whenever such shall be created, shall have the right to make contracts with persons, firms or corporations residing beyond the city limits to furnish them with water or light and water, whenever the same can be done without interfering with the efficient service of the city light and water plant to the inhabitants of the city. Contracts to furnish light and water. SEC. 64. Be it further enacted by the authority aforesaid, That it is hereby made the duty of the mayor and board of councilmen to employ a competent accountant to examine the books of all officers relative to the affairs of the city whenever and as often as said mayor and board of councilmen 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. Accountant to examine books of officers. SEC. 65. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen 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 under the constitution and laws of Georgia regulating the issuing of municipal bonds. Bond issue. SEC. 66. 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 his absence or disqualification of both the mayor and the mayor pro tem., any member of the 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 full power to preserve order, compel the production of books and papers to be used as evidence, and to 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, imprisonment in the city jail or in the county jail, by permission of the county authorities,

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for a period not exceeding ninety days, work on the streets or such other places where the offender may be lawfully placed at work under this charter for a period not exceeding ninety days, one or more, or all, of these punishments, at the discretion of the trial court. For any violation of the laws or ordinances of said city council, after a person is convicted by said court he shall have the right to 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 which the appeal was made. In the event such sentence or judgment is reversed, the said city council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is affirmed there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State, as set out in the Code of the State of Georgia, the right of certiorari in accordance with said law being hereby given. Mayor's court; powers, etc. SEC. 67. 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 person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail, to answer before the court having jurisdiction of the same for the offense committed. State law, violation of. SEC. 68. 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

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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 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 said city council be required to prorate the amount of any license for a term less than a full year; provided, however, that no change in a fiscal year shall operate to the injury of any person who has paid the amount of the license required of him. Fiscal year for licenses. SEC. 69. Be it further enacted by the authority aforesaid, That if any person who has been arrested charged with a violation of any of the laws or ordinances of said city of Millen, 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 surety, shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than sixty days from the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond, at least twenty days before the sitting of the court, to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the 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 Jenkins County. If at such 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 sureties on said bond, or such of them as have been served, for the full amount thereof, and all costs, which shall include the cost of publication, if service shall have been made by that method, 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

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upon judgments in the justice or superior courts of this State. Said execution shall be directed to the chief of police of Millen, 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 bond for appearance. SEC. 70. Be it further enacted by the authority aforesaid, That this Act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Existing ordinances not abolished. SEC. 71. Be it enacted by the authority aforesaid, That at an election to be held on the first or second Wednesday in September, 1914, this Act shall be submitted to the qualified voters of the city of Millen for ratification, and those favoring this Act shall place upon their ballot For new charter, and those opposed shall place upon their ballots Against new charter, and if at such election a majority of the votes cast shall be in favor of the adoption of this charter, this Act shall immediately become operative and of full force and effect. The mayor shall give five days' notice of the day on which said election shall be held, and same shall be held under the rules governing elections under the existing charter. This Act to be submitted to popular vote. Form of ballots. SEC. 72. Be it further enacted, That the Act of the General Assembly, approved August 20th, 1906, incorporating the city of Millen (Acts 1906, page 868), 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. Act of 1996, how far operative. SEC. 73. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914.

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MOUNT AIRY, TOWN OF, TAX RATE. No. 349. An Act to amend Section 26 of an Act passed by the General Assembly of Georgia, and approved August 12, 1907, known as the charter of the town of Mount Airy, in this State, by striking the words twenty-five in the sixth line and adding in lieu thereof the word fifty, 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 26 of the charter of the town of Mount Airy, in this State, approved August 12, 1907, shall be amended by striking in the sixth line the words twenty-five and adding in lieu thereof the word fifty, so that said section when amended as provided by this Act shall read as follows: Act of 1907 amended. To be read as amended. SECTION 26. Be it further enacted by the authority aforesaid, That the mayor and council may levy and collect a tax upon all real and personal property in said town taxable under the State law; that they may provide for the assessment of the value thereof; and for the collection of said tax but they shall not collect a tax more than fifty cents on one hundred dollars valuation of property. If the said mayor and council desire to levy a higher rate of taxation they shall submit the same to the registered voters of the town stating what rate is wanted and for what purpose; and if two-thirds of the registered voters vote for said rate the mayor and council shall have power to levy and collect the same. Tax rate, limitation as to. Be it further enacted by 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, 1914.

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NEWNAN, CITY OF, CHARTER AMENDED. No. 519. An Act to amend an Act entitled An Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, to authorize the city of Newnan, by and through its water, sewerage and light commission, or other commission or committee of said city, to engage in the business, in said city only, selling and furnishing electric and plumbing equipment, devices, supplies, furnishings and material, and engage in the business of contracting to place any and all such equipment, devices, furnishings, supplies and material upon any premises in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act entitled An Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, be, and the same is, hereby amended by adding thereto the following powers, which are hereby granted unto said city, to-wit.: The city of Newnan is hereby expressly authorized, by and through its water, sewerage and light commission or other commission or committee of said city to engage in the business in said city only, of selling and furnishing electric and plumbing equipment, devices, supplies, furnishings and material, and engage in the business of contracting to place any or all of such equipment, devices, supplies, furnishings or material upon any premises in said city. Act of 1893 amended. Electric and plumbing supplies, power to engage in business of selling. SEC. 2. Be it further enacted by the aforesaid authorities, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914.

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NORMANTOWN, TOWN OF, INCORPORATED. No. 404. An Act to incorporate the town of Normantown in the county of Toombs, State of Georgia, to define its limits, to provide for a mayor and four councilmen for said town; to prescribe the manner of election and the 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 the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the inhabitants of the territory and all the territory embraced within the limits of one-half a mile in each and every direction from a point where the Georgia and Florida Railway depot now stands in the town of Normantown, Georgia, be, and the same is hereby incorporated under the name and style of the town of Normantown. Territorial limits. Corporate name. 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 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 Normantown, and by that name is hereby 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 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 as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules and resolutions, by-laws and regulations not in conflict

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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, for the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such ordinances, rules, by-laws and regulations, and to enforce such penalties when they have been fixed. Said ordinances, rules, regulations, and by-laws shall be posted one copy at the court house used by said municipal government, and at two other public places in said town. Government. General corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That M. L. Clark be and he is hereby appointed mayor and J. C. Meadows, I. B. New, N. M. Williamson and T. A. Rocket be, and they are, hereby appointed councilmen of said town of Normantown, to hold their offices from the date of the approval of this Act until the first annual election as herein provided, or until their successors in office are elected and qualified. Mayor and council named. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1915, and annually thereafter on the first Saturday in January in each year, there shall be held in said town an election for a mayor and four 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 councilman, by an election held by them for such purpose at any time to fill the unexpired term of the person, or persons, causing such vacancy. Election of mayor and four councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That all elections for offices of said town shall be held at the usual place of holding elections in the town of Normantown, which shall be known as the voting precinct of the town of Normantown, subject to be changed by the mayor and council after ten day's notice in writing posted at three

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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 of the peace of Toombs County, and such freeholders shall, before entering upon the discharge of their duties, take and subscribe 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. So help us God. Said affidavit shall be signed by such manager in the capacity in which he acts; said oath may be administered by any person in Toombs 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. Voting precinct. Managers of elections. Oath of managers. SEC. 6. 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 three o'clock p. m., when the polls shall be closed, and the managers of all 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 ballots; the other tally sheet and list of voters, together with the certificate showing the result of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the town council, at which time and place he shall open the same and declare the result of the election in the presence of the council. Polls, opening and closing. Returns. Result declared.

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SEC. 7. Be it further enacted by the authority aforesaid, That all persons residing in the town of Normantown, who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by them to said State, county, and town, and done all work required of them on the streets of said town, and have resided in said town for six months just preceding the day of the election, shall be considered electors, and entitled to vote in said town elections, and no other shall be allowed to vote therein. Voters qualified. SEC. 8. 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 councilman, as the case may be) of the town of Normantown 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. 9. 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 the election, and the same entered on the minutes, and no change shall be made in the salaries during their terms 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, 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 are necessary and usual in such cases, and to prescribe an oath of office to be administered to them, before entering upon the discharge of their duties. Salaries. Other officers; salaries, bonds, oaths. SEC. 10. 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 a mayor pro tem., who shall have authority to discharge all of the duties of the mayor whenever from sickness,

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absence or any other cause, the mayor is disqualified or cannot act. Mayor pro tem. SEC. 11. 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 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 calaboose 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. Powers. Presiding officer. SEC. 12. Be it further enacted by the authority aforesaid, that said mayor's court shall have full power and authority upon conviction to sentence any offender against the laws of said town to pay a fine not to exceed one hundred dollars ($100.00), or in default of payment of same to labor on the streets of said town or any other public work in said town for a period not exceeding thirty (30) days, or to impose a fine not to exceed one hundred dollars ($100.00), in default of payment of such fine may, in his discretion, sentence such offender not to exceed thirty (30) days imprisonment in the guard house of said town; provided, that all persons sentenced to work in said town shall when not at such work, be confined in the guard house of said town. Punishment, power of. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in 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

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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 expenses of such impounding, including feed bills. Nuisances, removal of. Impounding of animals. SEC. 14. 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; that they may prohibit any encroachment thereon or interference therewith. They shall have the power to locate all cemeteries and regulate burials therein. They shall have power to lay off and open up 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 damage to be paid out of the treasury of the town. Streets, bridges, cemeteries and public property. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to require every male inhabitant of said town who has resided in said town for thirty days and is within the ages of from twenty-one and 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 commutation tax, shall be punished in the manner prescribed by ordinance. Street tax or work. SEC. 16. Be it further enacted by the authority aforesaid, 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 storing or keeping for illegal purpose within the incorporate limits of said town any wine, beer, malt, alcoholic, or

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intoxicating drinks of any kind or nature, and to punish any person for violating such ordinances as they may deem best. Liquors filegally kept. SEC. 17. 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 in 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 ten o'clock a. m. and four o'clock p. m. to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon to the sheriff of Toombs County and said property shall be by said sheriff advertised and sold in the manner that sheriff's sales are made, and the proceeds of such sale shall be applied to the satisfaction of such fi. fa. as provided by law. Executions for taxes, fines, etc. Levy and sale. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council may levy and collect for town purposes a tax not to exceed fifty cents on every one hundred dollars on all of the real and personal property in said town subject to be taxed under the laws of the State of Georgia, said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in Sections 862 and 863, Chapter 2, Article 1, Page 222, Volume 1, Code of 1910, of the State of Georgia. Said property to be assessed at its value on the first day of April in each year; provided, however, the tax payers shall first have the right to give in their taxes under oath during the month of April, and when so given in, said assessors may, in their discretion, decrease or increase said tax returns 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,

Page 1101

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. Tax ad valorem. Assessment and return. License taxes on occupations. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall meet for the transaction of business at such times and place as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote on all questions, four votes being necessary in all cases to carry any question or to elect any officer by said body; a less number in the absence of a quorum to adjourn the meeting over to a future time. Meetings of mayor and council. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, and regulations and resolutions of said town are faithfully executed. He shall look after the finances of the town, making 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 said town, and hold courts of inquiry and commit offenders to the county jail in default of bond in the same manner and under the same rules and regulations that a justice of the peace of said State may commit. Mayor's duties and powers. SEC. 21. 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 the mayor's court for trial, and to this end may summon any

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citizen or citizens residing in said town as a posse to assist in such 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, and a party or parties so charged shall be required to answer to the same without any 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. Marshal. Arrests without warrant. Charges preferred, and trial. SEC. 22. Be it further enacted by authority aforesaid, That the mayor shall allow the accused in his court to give bond for his or her appearance to answer 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, the mayor shall enter on his docket opposite such case the words, Bond forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at some future time why said bond should not be absolutely forfeited, and judgment entered against them for the full amount of the bond and costs; a copy of said order shall be served on said principal and security by the town marshal or his deputy at least ten days before the day fixed for the trial of said case, and if the defendant fail to appear and show good and sufficient cause why he did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and costs, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, however, that no bond for violating ordinances of said town shall be required of more than one hundred dollars ($100.00) for any offense. Bond for appearance. Forfeiture. Amount of bond. SEC. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws where the offense is committed within the 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

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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; to execute all judgments of the mayor's court and to discharge all other duties imposed on him by the 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 Normantown, and shall be signed by the mayor of said town. Prosecution of offenders against State laws. SEC. 24. 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 the officers of said town for service performed by them, not to exceed the fees allowed sheriffs, clerks, tax collectors and justices of the peace of this State 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. 25. Be it further enacted by the authority aforesaid, That the expenditures of said town government and 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 that 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 paid. He shall also take from the party 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. Expenses, how paid from treasury. SEC. 26. 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

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ordinance 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. Chaingang. SEC. 27. Be it further enacted by the authority aforesaid, That any person convicted and fined by the mayor's court may enter an appeal from the judgment of said court to the town council; provided, that notice of appeal be given at said trial, and that the party convicted pay all former costs and give good and sufficient bond to be assessed and judged of by the mayor; provided, further, that said appeal shall be filed not later than two days from his former trial, when the town council shall determine said case so appealed at its next regular meeting. In case the party appealing shall not give a good and sufficient bond he shall be confined in the calaboose of said town if there be one, and if not, in the common jail of the County of Toombs, until the next regular meeting of the council; provided, however, the mayor and council and the party convicted may agree on an earlier day for said trial. Appeals. SEC. 28. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to fix a fire limit in said town and prescribe the manner and kind of buildings, whether of wood or brick, to be erected therein, and shall have authority to require each and every person before building any kind of houses within said fire limit of said town, to submit plans and kinds of buildings to be erected by him, and to get a permit from the mayor and council of said town to erect such building or buildings. Fire limits, buildings, etc. 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 12, 1914.

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OAKHURST, TOWN OF, REPEAL OF CHARTER. No. 515. An Act to repeal an Act to incorporate the town of Oakhurst in the county of DeKalb; to provide for its succession to the rights, powers and duties of the town of Oakhurst heretofore created by order of DeKalb superior court; to define the boundaries and powers of said town, including the power to establish and maintain a system of public schools, and the right to issue bonds for school or municipal purposes, and for other purposes, approved August 13, 1910, to be found in Georgia Laws, 1910, pages 1004-1034, and to provide when the same shall become effective. 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 an Act entitled, an Act to incorporate the town of Oakhurst in the county of DeKalb, to provide for its succession to the rights, powers and duties of the town of Oakhurst heretofore created by order of DeKalb superior court, to define the boundaries and powers of said town, including the power to establish and maintain a system of public schools, and the right to issue bonds for school or municipal purposes, and for other purposes, approved August 13, 1910, to be found in Georgia Laws, 1910, pages 1004-1034, be, and the same is, hereby repealed, and all authority and jurisdiction heretofore vesting under said Act are hereby rescinded and declared of no effect. Act of 1910 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not become effective, nor the repeal provided in Section 1 of this Act enforced until the limits of the town of Decatur are extended by proper legislative enactment so as to include the territory heretofore incorporated as the town of Oakhurst and such enactment becomes effective; provided, that the provisions of this Act

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shall not become effective until the same is submitted to the qualified voters of the town of Oakhurst at an election to be called by the mayor of Oakhurst after twenty days notice, and if a majority of the votes cast at said election shall be For repeal then this Act shall be of force and the incorporation of Oakhurst repealed, and if a majority of said votes cast at the election be Against repeal then this Act is void. No repeal until Oakhurst annexed to Decatur. Repealing Act to be submitted to popular vote. 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, 1914. OCHLOCHNEE, TOWN OF, WATERWORKS BONDS. No. 407. An Act to authorize the mayor and council of the town of Ochlochnee, in the county of Thomas, to issue bonds to the amount of ten thousand dollars for the payment of establishing a system of waterworks in and for said town; to provide for the payment of principal and interest of said bonds; to provide for the retification of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the town of Ochlochnee, in the county of Thomas be, and they are, hereby authorized to issue and sell bonds of the town of Ochlochnee, to the amount of ten thousand dollars, of the denominations of five hundred dollars each, to become due and payable at such time or times not exceeding thirty years after date of issue thereof, as said mayor

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and council of the town of Ochlochnee may determine; said bonds to bear not exceeding five per cent interest per annum, payable semi-annually, and such bonds are to be issued and sold for the purpose hereinafter specified and authorized, and authority for which is hereby granted. Bond issue authorized. SEC. 2. Be it further enacted by the authority aforesaid, That the net proceeds of said bonds, when sold, shall be appropriated and used by the mayor and council of the town of Ochlochnee for the purpose of establishing a system of waterworks in and for said town. For waterworks system. SEC. 3. Be it further enacted by the authority aforesaid, That for the purpose of providing for the payment of principal and interest of the bonds so issued and sold the mayor and council of the town of Ochlochnee are hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this Act. The said mayor and council shall set apart from the funds received annually by taxation, as herein provided, a sufficient amount to meet the interest on said bonds, and to provide a sinking fund sufficient to meet the principal of said bonds as they become due and payable. Tax levy. SEC. 4. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative and binding until after it shall have been ratified at an election by the voters of said town, which election shall comply with all the provisions of the general law of this State in regard to bond issues by municipalities in effect when such election, or elections, may be held. It is hereby further provided, that if said bond issue be not ratified at the first election held for that purpose, the mayor and council of said town may hold an election annually thereafter until said bond issue is ratified. This Act to be submitted to popular vote. 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 12, 1914.

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OXFORD, TOWN OF, NEW CHARTER. No. 413. An Act to create a new charter for the town of Oxford, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory embraced in the corporate limits of the town of Oxford, located in the county of Newton, State of Georgia, be, and they are, hereby incorporated under the name and style of the town of Oxford, and by that name shall be, and are hereby vested with all the rights, powers and privileges, title, property, easements and heriditaments now belonging or in anywise appertaining to said town of Oxford, as heretofore incorporated, shall be and are hereby vested in the town of Oxford 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 board of commissioners such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as to said board of commissioners may seem best, which shall be consistent with the laws of the State of Georgia and with the laws of the United States, and said town of Oxford shall be able by law to purchase, hold, rent, lease, condemn, receive, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments within or without the limits of said town for corporate purposes, and to have police power over same. Said town of Oxford, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said town of Oxford as heretofore incorporated. Town of Oxford incorporated. General corporate powers.

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SEC. 2. Be it further enacted, That the northern boundary of the town of Oxford shall be a line beginning at a rock at northwest corner of land lot number two hundred ninety-one, situated and being in the ninth district of originally Henry, but now Newton County, and running along the northern boundary of said land lot and continuing in a straight line east until it interesects Dried Indian Creek. The western boundary of the town of Oxford shall be a line beginning at the rock already mentioned (as northwest corner of land lot number two hundred ninety-one) and land lots number two hundred ninety-one and two hundred running in a southerly direction along the west boundary [Illegible Text] eighty-eight, and continuing in same straight line until it reaches southern boundary hereinafter described. The eastern boundary of the town of Oxford shall be a line beginning where the northern boundary of said town, before described, intersects Dried Indian Creek, and running thence down the channel of said Dried Indian Creek to a ford in said creek situated in southwest corner of property now owned by Jno. F. Bonnell, from which point the boundary line shall run south, following line between property of L. L. Johnson and W. P. Odum, until it reaches southern boundary hereinafter described. The southern boundary of the town of Oxford shall be an east and west line which shall be a continuation of the southern boundary of the land subdivided into lots by Kidd and Marshall, being southern boundary of lots fifteen, sixteen, seventeen, and eighteen in block E and lot forty-eight in block G in said Kidd and Marshall's plat; also southern boundary of parcel of land sold by J. Z. Johnson and J. E. Blackstock to Harper. Said southern boundary shall extend in straight line east until it intersects eastern boundary line of the town of Oxford hereinbefore described, and west until it intersects western boundary line of the town of Oxford hereinbefore described. Territorial limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a board of seven commissioners, four of whom shall constitute a quorum. The present commissioners shall continue in office until the expiration of the

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term for which they were elected, and until their successors are elected and qualified, and they and their associates shall have and exercise all rights, powers and duties hereby conferred on the board of commissioners of said town of Oxford created by this Act. Government in seven commissioners. SEC. 4. Be it further enacted, That no person shall be eligible to the office of commissioner unless he be twenty-one years of age or over, and shall have resided in said town for twelve months next preceding his election, and shall have paid all taxes required of him by said town. Eligibility of commissioner. SEC. 5. Be it further enacted, That the board of commissioners of said town shall be elected on the second Monday in December of each year. Said board of commissioners shall hold their office for one year, or until their successors are elected and qualified. Their terms of office shall commence on the first day of January of each year. In the event of a vacancy occurring in the office of commissioner, by reason of resignation, removal from the town, death, or otherwise, said vacancy shall be filled by the remaining members of the board of commissioners of said town. If an election is not held at the time prescribed, a special election may be called by the board of commissioners, of which election ten days' public notice shall be given. Vacancies in the office of commissioner may be filled by the remaining members of the board of commissioners, or a majority of them, electing any one of their body to the office of chairman or electing any citizen of said town as commissioner. Election of commissioners. Terms of office. Vacancy. SEC. 6. Be it further enacted, That the board of commissioners shall elect two citizens who are freeholders in said town to superintend the election of the board of commissioners, and each of said managers, before entering on his duties, shall make oath before some officer qualified to administer the oath, or before each other, that he will faithfully and impartially conduct such election and prevent all illegal voting, to the best of his skill and power, and said managers shall cause to be kept two lists of voters and two

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tally sheets at said election. Said managers shall give their certificates of election to the persons elected, which shall be conclusive of this fact, and the seven persons having the largest number of votes shall be entitled to such certificates. In case, however, more than one person shall receive the seventh highest vote cast, then the retiring commissioners shall by lot determine who among those receiving the seventh highest vote shall hold office. The polls at each and every election held in said town and pertaining to the same, shall be opened at two o'clock p. m. and shall close at five o'clock p. m. Election managers. Certificates of election. Polls. SEC. 7. Be it further enacted, That if the managers of any election shall have reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer to said voters the following oath: You do solemnly swear that you are a citizen of the State of Georgia, that you have attained the age of twenty-one years, that you have resided one year in the State and for the last three months within the limits of the town of Oxford, and that you have paid all taxes legally required of you, so help you God. Oath of voter challenged. SEC. 8. Be it further enacted, That any person voting illegally at any election herein provided, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by the laws of Georgia. Illegal voting. SEC. 9. Be it further enacted, That the qualifications to vote in said town shall be the same as for the election of members of the General Assembly, except that no person shall be entitled to vote in any election appertaining to the officers or affairs of said town unless he shall have resided in said town for three months next preceding the election. Voters qualified. SEC. 10. Be it further enacted, That the board of commissioners may provide by ordinance for the registration of voters prior to any and all elections held in said town, and provide that no person shall be allowed to vote who has not registered; provided, that the registration books shall be opened forty days immediately preceding said election,

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and be closed ten days before said election; provided, that no registration shall be necessary unless required by ordinance adopted by the board of commissioners of said town. Registration of voters. SEC. 11. Be it further enacted, That said board of commissioners shall, before entering on the duties of their respective offices, subscribe to the following oath, which may be administered by any officer of this State qualified to administer oaths, or before each other: I do solemnly swear (or affirm) that I will faithfully and impartially discharge all the duties incumbent upon me as a commissioner of the town of Oxford according to the best of my ability, so help me God. A failure to qualify for fifteen days after said first day of January, unless providential cause, shall operate to vacate the office of the commissioner-elect. Oath of commissioner. Must qualify in fifteen days. SEC. 12. Be it further enacted, That any commissioner may be impeached and removed from office upon being convicted by the concurrent vote of four members of the board of commissioners, for malpractice in office or grossly immoral conduct, or of any act amounting to a felony under the laws of this State or involving moral turpitude. The officer upon being so accused shall be given a fair trial before the other members of the board of commissioners, and if convicted may obtain certiorari according to the rules of law of this State, but pending the hearing of such certiorari such officer shall be suspended from office. Impeachment. Trial and certiorari. SEC. 13. Be it further enacted, That the board of commissioners shall have authority to elect a chairman of the board, city marshal, treasurer, city clerk, city attorney, city physician, cemetery agent, and recorder, together with such other officers as the necessities of the town demand. They may prescribe the duties of the officers and fix salaries. All such officers shall be elected for a term of one year, and until their successors have been elected and qualified. The chairman or chairman pro tem., whenever the chairman does not act, may appoint such extra policemen as may be necessary in case of emergency, and such extra policemen

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may receive such compensation as may be agreed upon or as may be fixed by the board of commissioners. Either or all officers elected by said board of commissioners may be dismissed from office at any time by a vote of four members of the board of commissioners, and all officers shall take oath faithfully to discharge the duties of their respective offices, and give such bond and security as may be required by the board of commissioners. Officers; duties, salaries, terms, etc. Extra policemen. SEC. 14. Be it further enacted, That the chairman of the board of commissioners shall be the chief executive of said town. He shall see that all laws, ordinances and rules of the town are faithfully executed and enforced, and that all officers faithfully discharge the duties required of them. He shall preside at the meetings of the board of commissioners of said town and shall have the right to vote on all questions before said body, except upon questions where he is disqualified by reason of interest or otherwise. Chairman of board of commissioners. SEC. 15. Be it further enacted, That at the first meeting of the board of commissioners after their election and qualification, it shall be the duty of said body to elect a chairman and a chairman pro tem., from their members. The chairman pro tem. shall perform all the duties of the chairman when from any cause the chairman cannot be present to execute the duties of his office, or be disqualified. Chairman pro tem. SEC. 16. Be it further enacted, That any of the officers of said town of Oxford who may be sued for 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 any member of the board of commissioners or other officers of said town, or either of them, under and in accordance with the ordinances passed in pursuance thereof. Officers may justify under this charter. SEC. 17. Be it further enacted, That the board of commissioners of the town of Oxford shall have power to elect a recorder whose duty it shall be to try all cases of violation of the town ordinances and perform such functions and acts as may be laid upon him by the provisions of this

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charter, or shall be from time to time placed upon him by the ordinances or by-laws adopted by the board of commissioners of the town of Oxford; his term of office shall be one year, and his salary shall be paid out of the fines and forfeitures of cases tried by him. The recorder shall keep a permanent record of all cases tried by him, and he shall file copy of the same with the clerk of the board of commissioners. In event the recorder is absent or disqualified, any two or more of the commissioners may hold recorder's court with the same power and authority as the recorder. Recorder; duties, salary, term. SEC. 18. Be it further enacted, That the recorder shall have power and authority to impose a fine, imprisonment, or labor on public works of said town, any or all of these, in his discretion, upon any person or persons convicted of a violation of the ordinances of said town; provided, said fine shall not exceed $100.00 and said imprisonment or labor on public works shall not exceed thirty days. The recorder shall have full power to enforce the attendance of witnesses and require them to produce their books, papers, etc., that can be used as evidence, and to punish for contempt of court; provided, said punishment shall not exceed $10.00 or five days in prison. Punishment, power of. Witnesses. SEC. 19. Be it further enacted, That any person convicted before the recorder or other presiding officers of said court may enter an appeal from the judgment of said court to the board of commissioners; provided, the appeal is entered within four days after the judgment complained of is pronounced; and provided, further, that the defendant pay all costs accrued in the case and gives bond to abide by the final judgment in the case, which bond must be approved by the clerk or the marshal. The board of commissioners shall, as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case de novo. They shall have power, if they find the defendant guilty, to decrease or increase the penalty imposed by the recorder. Appeals. SEC. 20. Be it further enacted, That the board of commissioners of the town of Oxford shall have the power to

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organize one or more chaingangs, and to confine to labor therein, persons who shall have been sentenced by the courts of said town to work upon the streets, or who have not paid their street tax, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or control of such work gangs, and to enforce the same through its proper officers. Chaingangs. SEC. 21. Be it further enacted, That upon the arrest of any person upon a charge of violating any of the ordinances or by-laws of said town, if it shall appear upon the trial of such person that there is probable violation of some of the criminal laws of this State, said officer trying said case shall issue his warrant committing said person to the common jail of said county to answer to said charge to the superior court of the county. If said case is one bailable by a justice of the peace, bail shall be appraised by said committing officer. Arrest for violation of State law. SEC. 22. Be it further enacted, That the marshal, his deputies and his assistants shall have full power and authority to arrest for the 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. Arrests without warrant. SEC. 23. Be it further enacted, That the marshal or any police officer of said town may release any person arrested within the corporate limits of said town upon said person giving a bond payable to said town of Oxford, to be approved by the marshal or recorder of said town, conditioned to pay the obligee in said bond an amount, fixed by the marshal or recorder, in the event the person arrested fails to appear before the corporate authorities of said town at the time and place specified in said bond, and from time to time until said person is tried for the offense for which arrested. Should such person fail or refuse to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the recorder's court of said town of Oxford, as the board of commissioners may provide by ordinance. Release on bond for appearance. Forfeiture.

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SEC. 24. Be it further enacted, That should any person who has violated any of the ordinances of the town flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the town clerk shall be sufficient authority for his arrest and return, and all persons escaping from custody of said town may be again tried for such escape and punished as provided herein. Fugitives from justice. SEC. 25. Be it further enacted, That the board of commissioners or a majority of them, shall have full power and authority to impose, levy and collect such taxes upon all real and personal property, evidences of debt and other choses in action, kept or possessed or owned within the corporate limits of said town, on business and trades, as they may deem necessary for the support of the government of said town; and they may enforce the collection of said taxes and also all fines imposed by them in such manner as they, by law or ordinance, may prescribe. They shall also have power and authority to require all persons subject to road duty under the laws of the State to work on the streets, alleys and sidewalks of said town; but they may receive in lieu of said work such commutation fee as said board of commissioners may prescribe. Taxing powers. Road tax or work. SEC. 26. Be it further enacted by the authority aforesaid. That it shall be the duty of every citizen and property owner, and they are hereby required to make annual returns under oath to the tax receiver of said town within the time prescribed by the board of commissioners of said town, of a full and complete schedule of all their property, held in their own right or in behalf of others. At the expiration of the time fixed by law for making said returns it shall be the duty of the tax receiver of the town of Oxford, with the assistance of two members of the board of commissioners, to examine carefully each tax return made by the persons liable for payment of taxes under the laws of said town; and if in their judgment the property or any portion thereof embraced in said return has been returned below the real value thereof, or the return is incomplete or incorrect,

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it shall be their duty to assess the value of said property or complete or correct said return, and notify the maker of said return of such assessment or correction within thirty days thereafter. In case the person making such return shall not be satisfied with said assessment or correction, he shall be permitted to leave it to three disinterested freeholders; one of whom he shall select and another the tax receiver shall select, and these two shall select the third person; and a majority of the persons so selected shall determine and fix the amount of the assessment or correction. Tax returns. Assessments for taxes. Arbitration. SEC. 27. Be it further enacted, That said board of commissioners shall have power to provide by ordinance for the collection of all taxes, moneys, and fines due to said town, by execution issued by the chairman or by the chairman pro tem. of said town, and the levy of same by the marshal of said town upon any real or personal property of the defendant to be found in the county, and said marshal's levies and sales shall be had under the same rules and regulations as are now provided by law for sheriff's and constable's levies and sales in this State. Executions for taxes, etc. Levy and sale. SEC. 28. Be it further enacted, That the board of commissioners of said town is hereby empowered and authorized to levy and collect annually on all the taxable property in said town a tax, which, when added to sums now received from the State and county for school purposes, will produce sufficient revenue for the payment of the teachers in the public schools for a term of nine months; provided, in no case shall said board of commissioners levy a tax under this clause of more than three mills on the dollar. The public schools of said town are to remain under the jurisdiction and control of the board of education of Newton County. The moneys raised under this section shall be used for school purposes and for no other purpose whatsoever, and before the clerk of said town shall pay over to the board of education of said town any of said money, the secretary of said board of education shall file with the board of commissioners an itemized statement showing how and

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to whom, and for what purposes the money received from the clerk of said town is to be expended. This section shall not become effective until it shall have been submitted to an election and carried by a two-thirds majority of the qualified voters taking part in the election. The board of commissioners shall after the ratification of this Act, call an election for this purpose, whenever a petition is filed, signed by one-fourth of the qualified voters, and shall give notice of the date of said election by posting a copy of this section of their ordinance adopting this section, together with the date of election in three public places in said town at least fifteen days before the date of said election. The election shall be held under the same rules and regulations as the regular election for municipal officers and all persons entitled to vote in the regular election for municipal officers shall be qualified voters in said election. Each person voting in said election shall have written or printed on his ballot For Local Tax, or Against Local Tax. In the event two-thirds of the qualified voters in said election vote For Local Tax, then the board of commissioners of Oxford are empowered to levy and collect the tax authorized by this section. If the voters should adopt or fail to adopt this section, the board of commissioners shall have power to call another election under the same rules and regulations as the first election, but elections on this section shall not be held oftener than twelve months. School tax. This section to be submitted to popular vote. SEC. 29. Be it further enacted, That bonds may be issued by the town of Oxford by passing an ordinance setting forth the purpose of said bonds, the amount of bonds desired to be issued, the rate of interest on same, how and when payable, and the date and time of maturity of said bonds. Said ordinances shall be advertised for not less than thirty (30) days by posting copies of same in three public places in said town, together with the time and place of holding an election, at which election the question of the approval or disapproval of said bonds shall be submitted to a vote of the qualified electors of said corporation and the result declared in the same way as that of a regular election of

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the municipal officers of said corporation. If a two-thirds majority of said electors shall approve said ordinance by their ballots, the bonds may be issued as provided herein, and said bonds may be signed by the chairman of the board of commissioners under the seal of the corporation. Bond issue. Election for bonds. SEC. 30. Be it further enacted, That the board of commissioners of said town shall have power to grant franchises, easements and rights of way over, in, under and on the public streets, lanes, alleys, sidewalks, and other property of said town on such terms and conditions as said board of commissioners may fix; provided, that no franchise may be granted for a period longer than twenty years without referring same to a vote of the people. Easements and rights of way. Time limit of franchise. SEC. 31. Be it further enacted, That the board of commissioners shall have full power and authority to purchase, construct, own, lease, maintain, and operate for the benefit of said town, a system of gas works, waterworks, electric lights, and power, and such bridges in and contiguous to said town as may in the opinion of said board be to the interest and advantage of said town, and to purchase, lease, 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 municipal corporations, for the use of water, gas, or electric lights or power, or bridges within or beyond the corporate limits of said town 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. 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 as other liens; said town shall have police authority upon and around any and all property so used and occupied, including the mains, pipes, and wires for gas, water and electricity. Any person maliciously injuring or interfering with said property,

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shall be guilty of a misdemeanor, and shall be punished on conviction as prescribed in Section 1039, of the Penal Code. Gas, water, electricity; powers conferred. SEC. 32. Be it further enacted, That said board of commissioners shall have power to lay out, open, and abolish streets and alleys of said town, to extend and change the same as the public interest may require, by paying the owner just compensation for the property taken for such purposes, such compensation to be determined by arbitration. Streets and alleys, powers as to. SEC. 33. Be it further enacted, That the board of commissioners of said town shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said town and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph, electric light linemen or employees, or any other person unless the same is done under and with the express and formal consent of the board of commissioners or some officer appointed by them to direct the same, and then only when absolutely necessary for the public service or safety. Shade trees protected. SEC. 34. Be it further enacted, That the board of commissioners shall have the right to exercise supervision over all buildings within the corporate limits of said town, and whenever, in their judgment, any building or structure is dangerous to the life or health of any citizen, they may order the removal or improvement of such building or structure on proper case made. They shall have the right to condemn such building or structure as a nuisance or call on the owner or the tenant in possession immediately to abate the same. In the event the owner or the tenant in possession refuses to abate the nuisance within a reasonable time, such time to be determined by the board of commissioners, then said board of commissioners may cause the same to be done and issue execution against the premises for the cost of abating such nuisance. They may also provide by ordinance for the punishment of any person or

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persons failing or refusing to abate a nuisance after notice has been given such party to abate the same. Buildings, control and removal of. Nuisance abatement. SEC. 35. Be it further enacted, That the board of commissioners shall have jurisdiction over all cemeteries belonging to, or located in said town, or may provide by ordinance for a public cemetery. They may elect such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees and any and everything pertaining to the care and operation of such cemeteries. Cemeteries. SEC. 36. Be it further enacted, That the board of commissioners shall have power and authority to impose a tax on dogs owned or kept within said town, and shall have power and authority to pass such ordinances as they deem necessary to collect such tax or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said town to impound, sell or kill any dog or dogs at large, within the limits of said town, whose owner has failed or refused to pay said tax, and obtain evidence thereof as prescribed by ordinance, or who fails, or otherwise refuses to comply with any such ordinance or regulation. Dog tax. SEC. 37. Be it further enacted, That the board of commissioners of said town shall have full power and authority to prohibit by ordinance the running at large in said town of horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowls, and to prohibit the keeping of hogs within said town limits, or if allowed to be kept therein, the board of commissioners' discretion to regulate the manner and places in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of persons other than the owners without permission or consent of the owners of such property, and to charge such fees for same as said board of commissioners may prescribe, and in addition thereto,

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charge for the keep of any animal so impounded. Should the owner of any such animal refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry before the town hall and the proceeds applied to the payment of said fees and costs, under such rules and regulations as the board of commissioners may prescribe by ordinance. Impounding of animals. SEC. 38. Be it further enacted, That the keeping for sale, selling or offering for sale, of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said town be, and the same is, hereby prohibited forever. And the board of commissioners of said town shall have no power or authority to license the sale thereof, and it shall be their duty to enforce this prohibition by the enactment of necessary ordinances with suitable penalties for violation. Liquors not to be kept for sale. SEC. 39. Be it further enacted, That the board of commissioners shall have full power and authority to suppress lewd houses, lewdness, and all immoral conduct; gambling places within the corporate limits of said town, and to this end may enact such ordinances and provide such penalties for violations thereof as they deem advisable or necessary to carry out the provisions of this section. Said board of commissioners shall have power and authority upon proof of any house of ill fame, bawdy house, lewd house, gambling place or house used for the purpose of illegal sales of any intoxicating drink in violation of the State prohibition laws, 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 recorder's court of said town, be punished as for a violation of the ordinances of said town relating to nuisances. Further to enable the authority of said town to carry out any ordinance which may be passed upon this section, the police officers of the said town shall have full authority on reasonable suspicion to search any house or

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place for evidence of a violation of any ordinance passed under this section. Should they find any intoxicating liquors, or any imitations of the same, of any kind prohibited of sale by the State laws, they shall have authority to seize same and destroy them. Said house or place described in this section being hereby declared to be a public nuisance. Immorality, suppression of. SEC. 40. Be it further enacted, That the board of commissioners shall have power to pass ordinances and regulations to prevent idleness and loitering within the corporate limits of the town, and to prescribe penalties for violation thereof. Idleness and loitering. SEC. 41. Be it further enacted, That said board of commissioners shall have the power to control and regulate the running and operation of all locomotives, trains, street cars, automobiles and all vehicles for transportation of persons or freight in said town; to prevent unnecessary noises from locomotives, steam whistles, bells or other contrivances, that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes and to provide penalties and enforce same for a violation thereof. Control of trains, cars, etc. SEC. 42. Be it further enacted, That the board of commissioners shall prescribe by ordinance how and by whom purchases of supplies, materials and other necessary articles for said town or for any department thereof, shall be made or contracted in behalf of said town, and no purchase or agreement or contract of purchase made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said town. Purchases of supplies. SEC. 43. Be it further enacted, That the board of commissioners of said town shall have full power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof: to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of the said rules and regulations. They shall have power to build or establish or maintain and exercise police powers

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over a pest house within or outside of said town limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond said town limits. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious disease, when in their wise and humane judgment it is best for the general welfare and health of said town. They shall have power to compel all persons in said town, whether resident or sojourners, to be vaccinated and may provide vaccine and employ physicians at the expense of the town, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Diseases, power to prevent. Vaccination. SEC. 44. Be it further enacted, That in addition to the other powers specially delegated to the board of commissioners by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect Divine worship in and about the places where held; to regulate the keeping of gunpowder, gasoline, and other combustibles and explosives; to provide for the burial of the dead and regulate interments; to regulate and control the public meetings and public speakings on the streets of said town; to regulate and control and fix a license for all traveling vendors of goods, wares, or merchandise; to regulate and fix a license for all shows, circuses, or other public entertainments in said town for the purpose of private gain; to regulate and fix a license for all fortune-tellers in said town, whether palmists, phrenologists or any other kind, where they charge therefor; to regulate and fix a license for all bands of itinerants, whether they are what is commonly known as gypsies or not, for camping within the corporate limits of said town; to regulate and control all electric companies in the town selling electricity for lighting, heating, or for any other purpose. Said board of commissioners shall have power and are required to supervise and regulate the service, fix the rates, fix the requirements of the equipment and lines of all electric companies, whether

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said companies generate the current in said town or whether it is brought to said town over transmission; and to do generally all other acts and things which in the judgment of the board of commissioners will improve the morals, health, comfort, safety, and convenience and general welfare of the citizens of this town. Powers to prevent dangerous and offensive things. Protection of worship. License of traveling vendors, shows, etc. Electric companies. SEC. 45. Be it further enacted, That the board of commissioners of Oxford shall have authority to pass all such ordinances as may be necessary to carry into effect the provisions of this Act, not inconsistent with the constitution and laws of this State or of the United States. Ordinances. SEC. 46. Be it further enacted, That all ordinances passed by the board of commissioners shall before becoming operative be entered upon the minutes of the board of commissioners, and a copy posted on the town hall in said town; provided, however, that in case of urgency to be judged by the board of commissioners, and this fact referred to in the ordinance, the same shall become operative at once. SEC. 47. Be it further enacted, that nothing herein contained shall be construed to take away from the authorities of the town of Oxford any of the powers granted to it by any former Act of legislation, except when portions of that Act are in conflict with this. Former powers not taken away. SEC. 48. Be it further enacted, That all ordinances heretofore adopted by the board of commissioners of the town of Oxford for said town and which are now in force, and which are not inconsistent with this Act, shall remain in full force and effect; and all persons holding office in said town shall hold their offices for and during the terms for which they were elected as officials in and for said town; provided, that said board of commissioners of the town of Oxford may at any time repeal, alter, or amend any or all of said ordinances, or for good cause vacate said offices. Existing ordinances effective. SEC. 49. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914.

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PORTAL, TOWN OF, INCORPORATED. No. 307. An Act to incorporate the town of Portal, in the county of Bulloch; to define the corporate limits of the same; to provide for a mayor and councilmen and other officers; to prescribe their duties; 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 the town of Portal, in the county of Bulloch, be, and the same is, hereby incorporated under the name and style of the town of Portal, and by such corporate name shall have perpetual existence; may sue and be sued, and plead and be impleaded in the courts of this State. It shall also have power to have and use a common seal, and succeed to and enjoy all the rights and powers incident to such corporate existence. Town of Portal incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three-fourths of one mile in every direction from the center of said town, which is marked by an iron pin driven in the ground at the northwest corner of the lot on which the bank of Portal is now located. Territorial limits defined. SEC. 3. Be it further enacted, That corporate officers of said town shall consist of a mayor and five councilmen, and such other subordinate officers as the council may see fit to elect; that Ellerbee Doughtry shall be the mayor of said town, and A. A. Turner, A. H. Woods, J. W. P. Chambers, M. C. Hulsey and Dr. J. A. Stewart shall be councilmen of said town from and after the passage of this Act, and shall hold their respective offices until their successors are elected and qualified at elections to be held under the provisions of this Act. An election shall be held in said

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town on the first Saturday in December, 1914, for the election of three councilmen to succeed the above-named J. W. P. Chambers, M. C. Hulsey and Dr. J. A. Stewart, and the councilmen so elected shall hold their offices for the term of two years and until their successors are elected and qualified. An election shall be held under the provisions of this Act on the first Saturday in December, 1915, for the election of a mayor and two councilmen, to succeed Ellerbee Doughtry as mayor and A. A. Turner and A. H. Woods, councilmen, and similar elections shall be held on the first Saturday of December of each year for the election of three councilmen at one election and of a mayor and two councilmen at the next election, and so on, alternately, so that the term of office of such mayor and councilmen shall be for two years each after the first two elections under this Act. Mayor and council named. Elections of successors. SEC. 4. Be it further enacted, That no person shall be eligible to election to the office of mayor and councilmen of the town of Portal, unless he shall have resided within the corporate limits thereof for six months, and is a freeholder, and shall have paid all taxes due said town, and shall be qualified to vote for members of the General Assembly of this State. Eligibility of mayor. SEC. 5. Be it further enacted that all elections for mayor and councilmen, and for all other purposes, held under the provisions of this charter, shall be presided over by three election managers, who shall be freeholders, or by a justice of the peace and two freeholders, all of whom shall be residents of said town and not candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted, except as otherwise herein provided. The polls at all elections shall be opened at some convenient and accessible place in said town at nine o'clock a. m. and be closed at four o'clock p. m. The managers at said election shall take and subscribe before an officer authorized to administer oaths, and, in the absence of such officer, in the presence of each other, the following oath: All and

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each of us do severally swear, that we will faithfully superintend this day's election; that we are qualified as required by the charter of the town of Portal to hold the same; that we will make just and true returns thereof, and not knowingly permit any one to vote unless we believe him to be entitled to do so under the charter of said town, or knowingly prevent any one from doing so who is so entitled; and that we will not divulge for whom any vote was cast unless called upon under the law to do so; so help me God. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected, showing to what office said person was elected, and for what period of time. Election managers. Conduct of elections. Oath of managers. Certificates of election. SEC. 6. Be it further enacted, That all persons twenty-one years of age who have resided in said town for thirty days next preceding an election, and who have paid all taxes due said town, and who shall in all other respects be qualified to vote in elections for members of the General Assembly of Georgia, shall be entitled to vote in the elections held under this charter; provided, that said mayor and council may at any time provide by ordinance for the due registration of voters in the elections in said town. Voters qualified. SEC. 7. Be it further enacted, That any person voting at an election of said town who is not a qualified voter according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1365 of the Code of 1910 of this State. Illegal voting. SEC. 8. Be it further enacted, That said mayor and council shall have the authority to elect a marshal, clerk and such other subordinate officers for said town as they may deem needful; to prescribe the duties of each; to fix their salaries and to require of them such bond as they may deem necessary; and shall have full control over the acts and conduct of such subordinate officers, with the power to remove or suspend them at any time for neglect of duty, incapacity,

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misconduct or any other cause which said mayor and council may deem sufficient. Marshal, clerk, and subordinate officers. SEC. 9. Be it further enacted, That any vacancies that may occur from any cause in the office of mayor and councilmen shall be filled by the appointment by the remaining members of the council, or by the council in case the vacancy is in the office of the mayor, which appointment shall be made from the citizens of the town of Portal who are eligible under this charter to hold said office. Vacancies in office. SEC. 10. Be it further enacted, That the mayor of the town shall receive such compensation for his services as may be fixed by the council, which shall not be increased or diminished during his term of office. Compensation of mayor. SEC. 11. Be it further enacted, That the mayor and council shall have the power to enact and pass all such ordinances, by-laws, rules and regulations as may be necessary for the good government, peace, order and health of said town, and they are likewise empowered hereby to enforce such by-laws, ordinances, rules and regulations as they may enact; provided, the same are not in conflict with the constitution or laws of the State of Georgia or of the United States. Legislative power. SEC. 12. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the town of Portal, the said mayor and council shall have the power and full authority to assess, levy and collect an annual ad valorem tax on all property, real and personal, within the corporate limits of the said town of Portal, for the purpose of defraying the annual expenses of the town government, said tax not to exceed on-half of one per cent., and said mayor and council shall have the power and authority to prescribe for the return of property for taxation and for the assessment, levy and collection of said taxes, and shall have the right and power to supervise and correct the returns of property and to double tax all persons failing or refusing to make the returns required. At their election, on good excuse shown,

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said mayor and council may relieve any person from double tax. No person can be relieved of said double tax after it has been assessed, except by filing with the mayor a written petition setting out the excuse for not having made the return within the prescribed time, which petition shall be sworn to before some officer authorized by law to administer oaths. Said petition shall be filed with the mayor at least three days before the date to be fixed by the mayor for a hearing. At the hearing the person bringing the petition may introduce any legal evidence, which it shall be the duty of the mayor and council to hear, and if in their judgment a good excuse be shown said person may be relieved from such double tax. Taxing powers. Double tax. SEC. 13. Be it further enacted, That the mayor and council of Portal shall have the authority to fix annually the time for the return of the property for taxation, and also fix the time for the payment of the taxes provided in this Act. Notice of said dates shall be given for two weeks prior thereto by posting written notices thereof in three or more public places in said town, which notices shall give the date when the tax books will close. Tax returns. SEC. 14. Be it further enacted, That the mayor and council of Portal shall have the power and authority to fix the amount of license and to issue licenses for and to regulate and control all hotels, restaurants, boarding houses, livery stables, hacks, drays, auctioneers, peddlers, itinerant traders and venders of all and every kind of goods, wares and merchandise, pool and billiard tables and all other gaming tables, or games played with any device kept for profit, shows, circuses, fairs, flying horses, skating rinks, bicycle shops, insurance agents and insurance companies, brokers and agents for any other business whatsoever, dealers in fish, vegetables or other commodity, refreshments and cold drink stands, beef markets and every other establishment, business, calling and vocation not heretofore mentioned, which, under the laws of Georgia, may be subject to taxation. License taxes.

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SEC. 15. Be it further enacted, That the mayor and council may prescribe by ordinance penalties for the violation of the ordinances enacted under and by virtue of the powers given under and by virtue of the preceding section of this Act, said penalties in no case to exceed the authority hereinafter given in the matter of fines and penalties. Penalties. SEC. 16. Be it further enacted, That said mayor and council of Portal shall have power and authority, in addition to the annual ad valorem taxes and business taxes herein provided for, to levy and collect a street tax, not to exceed three dollars per annum for each male person within the corporate limits of said town subject to road duty under the laws in force in said county. Any person subject to pay said street tax may elect in lieu of paying same to work the streets of said town for such number of days as the council shall fix by ordinance, not to exceed ten days in each year, said work to be done under the supervision and direction of the town marshal. Any person failing or refusing to pay said street tax, or to work on the streets in lieu thereof, may, after three days' written notice from the mayor, be sentenced by said mayor to work on the streets, or be imprisoned for not more than thirty days. Twenty days' continuous residence within the corporate limits of said town shall constitute one a resident of said town so as to subject him to such liability to pay said street tax. Street tax or work. SEC. 17. Be it further enacted, That there shall be a lien on all personal property and real estate within said town for all town taxes assessed thereon, and for all fines and penalties assessed or imposed upon the owners thereof by the authorities of said town from the time the same are assessed, which shall have priority over all other liens except for taxes due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the liens for county and State taxes, or in such manner as the mayor and council by ordinances may prescribe. Lien of taxes. SEC. 18. Be it further enacted, That the mayor and council shall have the power to provide for the arrest, trial

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and punishment of offenders against any ordinance, by-law or regulation of said town, by fine, imprisonment or work on the streets of said town, one or more of said punishments; provided, said fine shall not exceed fifty dollars, and said imprisonment or time of labor shall not exceed thirty days. Arrest and trial of offenders. SEC. 19. Be it further enacted, That said mayor and council shall have the power to elect a mayor pro tem. from among the councilmen elected for said town, who shall perform all the duties and exercise all the powers of the mayor, when, from any cause, the mayor cannot be present to perform the duties of the office. The said mayor pro tem. to hold the said office for the term for which he was elected councilman. Mayor pro tem. SEC. 20. Be it further enacted, That the mayor and council shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Executions for taxes, etc. SEC. 21. Be it further enacted, That the mayor shall have the authority to act as an ex-officio justice of the peace, and shall have the power and authority to issue warrant for the arrest of any person charged with the commission of any criminal offense under the laws of Georgia within the corporate limits of said town, hear testimony under oath, hold preliminary trials and to commit the accused to the county jail or to the town guard house, or to require bond (if the offense be a bailable offense) for the appearance of the accused before any court authorized by law to try and determine the case. If, when any person is brought before said mayor charged with a violation of a town ordinance, said mayor shall determine that there is a reasonable cause to suspect that the transaction charged against the accused is a violation of a State law, it shall be the duty of the mayor to commit the accused, or to require bond, as aforesaid. Mayor's powers. Violations of State laws.

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SEC. 22. Be it further enacted, That the mayor shall be the chief executive of said town of Portal, with power to appoint special police and exercise full control of the same, with 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 to the town guard house. The mayor shall have the power to name any member of the council to preside in the trial of any case in which he is disqualified by reason of relationship, or otherwise, it being his duty to appoint the mayor pro tem. first, and if he is likewise disqualified, then any other member of the council; the mayor shall likewise have power and authority to issue execution for all fines, penalties and costs imposed by him. Mayor's powers. SEC. 23. Be it further enacted, That said mayor and council shall have the power and authority to enact ordinances for taking up and impounding any horse, mule, hog, goat, sheep, cow or other cattle, running at large in said town, or in such portions of said town as said mayor and council shall desire, and to make and enforce all such rules and ordinances as they may deem proper and necessary for the regulation and control of such animals in said town. Impounding of animals. SEC. 24. Be it further enacted, That it shall be the duty of the marshal of said town to arrest, or cause to be arrested, and brought to trial, all disorderly persons, and all persons committing or attempting to commit, any crime within the corporate limits of said town, and to commit them to the guard house, or the county jail, to await trial, to execute all processes and orders of the mayor and council, and to discharge such other duties as are imposed upon him by the ordinances and rules of said town. Marshal's duties. SEC. 25. Be it further enacted, That said mayor and council shall have the power of eminent domain to condemn property, and to lay out streets, alleys and public highways within the corporate limits of said town of Portal, and in the improvement of streets and erection of sidewalks the adjoining property owners shall bear one-half the expenses

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the same to be enforceable in the same manner that assessments for taxes may be enforced, and said mayor and council shall have full and exclusive control of the streets and alleys of said town, and shall have the authority to require the removal of obstructions in the said streets or alleys. Said mayor and council shall have the authority to declare, condemn and abate nuisances. Condemnation of property. SEC. 26. Be it further enacted, That said mayor and council shall have the power to issue bonds for public improvements in said town, subject to the limitations and regulations imposed by the law of the State of Georgia upon municipalities. Bond issues. SEC. 27. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1914. QUITMAN, CITY OF, CHARTER AMENDED. No. 311. An Act to amend an Act creating a new charter for the city of Quitman, county of Brooks, State of Georgia, approved August 19th, 1905, and all Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Quitman, in the county of Brooks, in the State of Georgia, said charter being contained in the Act of the General Assembly of this State, approved August 23rd, 1905 (published in Georgia Laws, 1905, pages 1060 et sequitur ), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the city of Quitman, in the county of Brooks,

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State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same; and for other purposes, and the several Acts amendatory thereof, be amended by adding to said above recited Act of August 23rd, 1905, a new section immediately following Section 23 thereof, to be known as Section 23-A, which shall read as follows: Act of 1905 amended. SEC. 23-A. Be it further enacted, That said corporation is hereby authorized and empowered to levy and collect a tax annually, in addition to that provided for in Section 23 of this charter, upon the taxable property of said city, not to exceed four mills, ad valorem, for the purpose of establishing and maintaining public schools in said city, and the authority here given to levy this tax of not exceeding four mills shall be inclusive of all previous grants of power conferred upon said city, or the authorities thereof, to levy tax for the purpose of establishing and maintaining schools in said city. The mayor and council of said city of Quitman shall cause the money derived from the proceeds of the tax levy provided for in this section to be paid over to the board of education of said city, to be administered by said board in accordance with the provisions of the Act of the General Assembly establishing a system of public schools in said city of Quitman, approved December 26, 1888, and the several Acts of the General Assembly amendatory thereof. Tax for public schools. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate authorities of said municipal corporation having recommended that the powers herein conferred be granted, this Act shall go into effect whenever the same shall have been submitted to a vote of the qualified voters of said municipal corporation of the city of Quitman and approved by the voters of said city in the manner prescribed by the constitution and laws of this State relating to the establishment and maintenance of public schools in municipalities by local taxation; not earlier than twenty days nor later than forty days after the passage of this Act and the approval thereof by the Governor,

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the municipal authorities of said city shall call an election for the determination of whether this Act shall go into effect and said tax be levied. Notice of such election and the time of holding same shall be published in a newspaper in said city at least once a week for two weeks before the election; and those favoring local taxation for public schools in said city as provided for herein and voting favorably to this Act going into effect shall have written or printed on their ballots the words For increased power of local taxation for public schools, and those opposed shall have written or printed on their ballot the words Against increased power of local taxation for public schools. Returns of such election shall be made to the mayor and council of said city, who shall declare the result. Said election shall be held under the general rules, so far as may be applicable, for the general elections held in said city. If two-thirds of those voting at said election vote favorably to this Act going into effect at said election in accordance with the manner prescribed above, then this Act shall become immediately effective; otherwise it shall not. This Act to be submitted to popular vote. Election. Form of ballots. Approved July 29, 1914. RICHLAND, TOWN OF, LIMITS EXTENDED. No. 384. An Act to amend an Act entitled An Act to create a new charter for the town of Richland, in Stewart County, to consolidate and amend the several Acts relating to the rights and powers of said town, approved December 18, 1902, and other Acts incorporating the town of Richland, and for other purposes, so as to enlarge the corporate limits of said town lying on the east side of the railway leading from Columbus to Albany, and

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to prescribe the limits of said town lying on the west side of the railway leading from Columbus to Albany, through said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the town of Richland, in Stewart County, shall be enlarged and extended by increasing the corporate limits of said town lying east of the railway, leading from Columbus to Albany through said town of Richland, so that the corporate limits of the town of Richland lying on the east side of the railway leading from Columbus to Albany, through said town, shall extend 1,460 yards in every direction on the said east side of said railway herein mentioned from the center point where the railway leading from Columbus to Albany crosses and intersects the railway leading from Savannah to Montgomery through said town. Territorial limits extended. SEC. 2. Be it further enacted, That the corporate limits of Richland, lying on the west side of the railway leading from Columbus to Albany through said town, shall remain the same as now fixed by the several Acts incorporating the town of Richland. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. ROME, CITY OF, CLOSING OF STREET. No. 283. An Act to amend 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;

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to create a new charter and municipal government for said city; to extend and define the corporate limits thereof; and to declare the rights and powers of said corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the foregoing Act is hereby amended by adding to Section Twenty-seven (27), paragraph 47 of said Act, the following: In addition to the general powers granted by said section, said city of Rome shall have power, and it is hereby authorized to close that portion of the street in the sixth ward of said city lying between Callahan Avenue and Gordon Avenue, known as part of Watters Street, on which it is proposed to erect a new furniture factory building, in lieu of that recently burned, and which factory building is now in process of erection, and said city of Rome shall have authority in consideration of the erection of said factory building to sell and convey said part of said street, by deed, to be executed by the mayor and attested by the clerk of court and one other witness, in the usual form, to the Rome Furniture Company, its successors and assigns, in fee simple; the closing of said part of said street having been already authorized by ordinance of mayor and council of said city, passed in regular session on the 9th day of March, 1914. Closing of Watters Street. SEC. 2. 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 17, 1914. ROME, CITY OF, CHARTER AMENDED. No. 481. 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 17, 1909, by requiring abutting property owners to pay two-thirds of the cost of all constructing curbs and gutters, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to 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 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 17, 1909, be and the same is hereby amended as follows: Act of 1909 amended. SECTION 1. That after sub-section (g) in Section 71 of the foregoing Act, the following sub-section be added: (h) Whenever in the judgment of the mayor and council it shall be deemed necessary to construct curbing and guttering on any street in said city not paved or macadamized, said mayor and council may, by resolution or ordinance, order such curbing and guttering to be constructed; provided, such resolution or ordinance shall not be passed unless two-thirds of the abutting property owners to be affected shall agree to or petition for the ordinance or resolution in writing. Said mayor and council shall have the right to fix by ordinance and collect as other taxes the amounts to be taxed against and paid by abutting property owners on the streets where said curbing and guttering are constructed, the basis of assessment to be as follows: the respective abutting property owners to pay two-thirds of the cost of such curbing and guttering, the remaining third to be paid by the city of Rome. When the cost of such curbing

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and guttering has been ascertained, and before the same shall be constructed on any street, the mayor and council shall, through the superintendent of public works, give ten days' written notice to the abutting property owners of the amount that will be due by them for such curbing and guttering. The abutting property owners may at their election pay one-fourth of the amount assessed against them in cash within ten days from the completion of such curbing and guttering, of which written notice shall be served upon them, and the remaining three-fourths in three equal annual installments, with interest thereon at seven per cent per annum, payable annually from the date of such notice; provided, that on default in the payment of any one of said installments the remaining installments shall become immediately due and payable, and may be immediately collected. When sidewalks are laid under requirement of the city, the adjacent property owners shall have the right to pay for the same in installments as above provided for payment for curbs and gutters. Curbing and guttering; assessment of abutting property. Payment of installments. Sidewalks. SEC. 2. Be it further enacted, That the rights and remedies of abutting property owners and of the city of Rome laid down and provided in sub-sections (b), (c), (d), (e), (f) and (g) of Section 71 of the Act hereby amended, shall apply to and be of force in regard to the curbing and guttering herein provided for. Rights and remedies of owners of property. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1914. ROME, CITY OF, COMMISSION GOVERNMENT. No. 337. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating

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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 declare the rights and powers of said corporation, and for other purposes, approved August 17th, 1909, by providing for a commission form of government for said city; the election and qualification and recall of the commissioners, and the initiative and referendum of ordinances and resolutions; to define the powers and duties of the commissioners; to provide for the passage of ordinances and resolutions by said commissioners, and the granting of franchises, 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 of 1909, entitled An Act to amend, consolidate and supersede the several Acts incorporating the city of Rome, in Floyd County, and State of Georgia, and municipal government for said city, to extend and define the corporate limits thereof and declare the rights and powers of said corporation, and for other purposes, approved August 17th, 1909, and the Acts amending the same, be, and the same are, hereby amended by striking out all provisions for a mayor and council of said city, and all provisions as to the authority and duties and rights of said mayor and council, and all provisions as to boards, commissioners and other subordinate bodies in said city, except provisions as to school board and board of trustees for the Carnegie Library, and provisions as to tax assessors and provisions as to civil service commission, all of which are hereby expressly retained. The commissioners shall appoint, in accordance with Section 7 hereof, from the city at large and fix their terms of office, seven trustees, who shall exercise and discharge the corporate powers of the city in reference to the Carnegie Library and such other public libraries as may hereafter be established. These trustees shall elect and

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appoint all persons in charge of said library or libraries and fix their salaries. This provision being made in view of Sections 1566, 1567, 1568, 1569 and 1570 of the Civil Code of Georgia of 1910. Provided, however, that the present members of the school board and trustees of the Carnegie Library shall be permitted to serve out the term for which they were elected by the mayor and council of the city of Rome. Act of 1909 amended Boards retained. Library trustees. SEC. 2. Be it further enacted by the authority aforesaid, That in lieu of the mayor and council, and the boards and commissions hereby abolished, there is created a commission of five members for the city of Rome, which shall be filled by citizens of said city who are eligible under the said Act of 1909 to be mayor of said city. Said commissioners shall be elected by a vote of the people as the mayor would be elected, and shall hold office for the term of four years. The first election shall occur upon the date fixed for the next election of councilmen of said city. No person shall be declared elected, except by majority of the votes cast. In case no majority is received for first commissioner, a second election shall be ordered, at which the two leading candidates shall run. In case four commissioners shall not receive a majority, such as receive a majority shall be declared elected; of those not elected, those receiving the highest vote shall run over; not more than two candidates for each unfilled office. Those receiving the highest votes shall be elected. In said commission shall be vested the full legislative powers given to the mayor and council, and the several boards abolished hereby, in the said Act of 1909, and the Acts amendatory thereof. Each of such commissioners shall be paid a salary of $25.00 per month. Five commissioners in lieu of mayor and council. Election and term of office. Powers. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That such commission shall have the full legislative powers given to the mayor and council. It shall pass ordinances, levy taxes, make appropriations, fix licenses and perform any legislative rights or powers given to the mayor and council and any board abolished. It shall have the right to abolish any office, under the charter, except those

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hereby created, and the school board and trustees of Carnegie Library, upon the recommendation of the first commissioner. Legislative powers. SEC. 4. Be it further enacted by the authority aforesaid, That the said commissioners shall be subject to the recall and their actions to the initiative and referendum, as hereinafter provided in this Act. Recall, initiative and referendum. SEC. 5. Be it further enacted by the authority aforesaid, That one of the said commissioners shall be elected by the people as first commissioner, at the regular election. Such first commissioner, or mayor, shall have the administrative and executive powers of said city, and the administrative and executive powers given by the Act of 1909 to the mayor and council and the various boards and commissions which are hereby abolished. He shall be paid an additional salary of $300.00 per month. He shall have the right to employ the necessary employees (excepting officers) for said city, and remove the same; provided, that if a civil service board is established under authority given the city of Rome, then rules shall be established for the regulation and government of said board and the examination of applicants for positions and their appointment. The commission shall select some chartered bank of the city as custodian of funds, in lieu of treasurer. The bank selected shall be the one that is sound, offering the best terms to the city. First commissioner's powers. Additional salary. Bank depository. SEC. 6. Be it further enacted by the authority aforesaid, That whenever any legislation shall be proposed it shall be reduced to writing and shall be acted upon by the said commission, which shall have authority to approve or disapprove, or to amend the same. In no case shall any ordinance be put upon its passage, unless it has been read two separate days. It shall take at least three members of the commission to act. Three commissioners shall be a quorum. In case any legislation is defeated or passed over the protest of the first commissioner, he shall have authority to suspend the operation of the same for ten days, during which time it shall be published in the official

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newspaper, and a referendum or an initiative election may be called, as hereinafter provided. Ordinances. Quorum. Suspension of ordinances. SEC. 7. Be it further enacted by the authority aforesaid, That the commission shall elect officers, commissioners and board members and agents of the city of Rome, upon the nomination of the first commissioner. Such officers shall be clerk, attorney, physician, engineer, chief of police, chief of fire department, policemen, firemen, tax receiver, board members, trustees and recorder. The present officers named shall hold office for the balance of the terms for which they have been elected, if they have been elected for any term, unless the office which they hold is sooner abolished by the commissioners, or unless removed by the first commissioner, as provided in this section. In case any nomination is disapproved, the first commissioner shall nominate others from time to time. In case three nominations for any office are rejected, the commission shall then proceed to elect. The commissioner may remove any of such appointees, but shall give his reason for so doing in writing to the commission. The first commissioner may appoint and remove laborers at his pleasure. He shall make to the commission a budget each year at the time of levying taxes, showing his estimated income and expenses for the ensuing year. Officers of the city. SEC. 8. Be it further enacted by the authority aforesaid, That the said commission may require the said first commissioner to come before them at any time and answer questions, either orally or in writing, and they may require from said commissioner, at any time they see fit, written reports upon any matters involving the city that they deem proper, and the said commissioner shall report weekly to said commission his general actions and doings, and shall regularly at stated intervals, at least quarterly, file complete and full reports of the various departments of the city. Reports by first commissioner. SEC. 9. Be it further enacted by the authority aforesaid, That the said first commissioner shall devote his entire

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time to the office, and the members of the commission shall devote as much time as may be necessary. The said commission shall meet at least once a week and shall hold their meetings in public; shall keep minutes of their proceedings, and shall record all their actions thereon, and all votes taken shall be by aye or no, and shall appear on the minutes. They shall be required to meet at such times and as often in extra meetings as any two of them or the first commissioner may designate or call. The first commissioner shall appoint one of the commission first commissioner pro tem., who may exercise the routine duties of the commissioner in case of his absence or inability to act for any reason. In case of a vacancy in the office of any commissioner, the first commissioner, or if he cannot act, the commissioner pro tem., shall immediately call a special election, which shall be had as special elections are had, as hereinafter provided, in the question of recall. The secretary of said commission shall be the officer whose duties correspond now to the clerk of council, and said officer shall also be secretary of the first commissioner. Duties of commissioners. Vacancy in office. SEC. 10. Be it further enacted by the authority aforesaid, That the tax collector of the said city, or whatever official performs the duties of tax collector, shall prepare a book similar to the registration book now used, for the purpose of receiving the signature of the voters of said city to call a recall election. He shall in like manner keep books for the purpose of calling referendum and initiative elections. Said books shall be opened at any time upon petition in writing signed by one hundred citizens of said city entitled to vote, which shall plainly and distinctly set forth the purpose and the reason for such election and the character of the election to be called, together with the legislation proposed, or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election shall be filed, and the book opened, the said election shall be called by the first commissioner whenever twenty-five per cent of the registered voters of said city shall, in person, go to the office where said book is kept and within thirty days from the opening of such book personally sign the same

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calling such election, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Registration of voters for elections. SEC. 11. Be it further enacted by the authority aforesaid, That whenever any recall or initiative or referendum election is called, the same shall be ordered by the first commissioner, to be held not less than twenty and within thirty days after a sufficient number of the registered voters have signed the book to call the same; any party or political organization shall have the right in the meantime to hold a primary, under the State law governing primaries, for the selection of candidate for office, or for an expression of such political parties or organizations' wishes or beliefs on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running at said election, and any other citizen of the city eligible to hold office may likewise become candidates, and all the rules now governing ordinary and special elections shall govern recall, initiative and referendum elections, and all offenses against the purity of elections, ballots or primaries shall apply to initiative, referendum or recall elections or primaries. Election for recall, initiative, and referendum. SEC. 12. Be it further enacted by the authority aforesaid, That no commissioner shall, before going into office, promise any person to appoint or vote for such person, or any other person, to any office or agency, or employment under the city, unless such promise be published in the official newspaper at least three days prior to any primary or election. For a violation of this provision the said commissioner shall be liable to be punished, upon conviction, as for a misdemeanor, the punishment to be as defined by the Criminal Code of Georgia, Section 1065. Penalty for promise to appoint or vote. SEC. 13. Be it further enacted by the authority aforesaid, That any person who shall, by offering money or other thing of value, or by the use of intoxicating liquors, or by promise of office or employment, or by any other method now or hereafter declared criminal when such method is

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used to influence votes in elections in this State, undertake to influence or procure any person to sign the book calling for a recall, initiative or referendum election, shall be guilty of a misdemeanor, and shall be punished, upon conviction thereof, as provided in the Criminal Code of Georgia for the punishment of misdemeanors under Section 1065. And any person signing said book who is not entitled to sign the same, or who signs the name of or impersonates any other person, shall be likewise punished upon conviction. Penalty for unlawful influencing of voters. SEC. 14. Be it further enacted by the authority aforesaid, That the corporate name and organization of the city of Rome is hereby in all respects preserved as in the original Act of 1909 and the Acts amendatory thereof. Corporate name and organization preserved. SEC. 15. Be it further enacted by the authority aforesaid, that whenever any recall election shall be held, the officer elected at such recall election shall be installed in office ten days after the said election, during which time all contests shall be heard. And in case any referendum or initiative election shall be held, the result thereof shall be published by the first commissioner three days after the election, and shall immediately go into effect. Result of election. SEC. 16. Be it further enacted by the authority aforesaid, That an election is hereby called, which shall occur on the last Tuesday in November, 1914. The same shall be had under the provisions of the present charter of the city of Rome for elections, and the persons entitled to vote thereat shall be the persons duly registered as voters under the present charter of the city of Rome. All those persons who desire to vote at said election in favor of this Act shall have written or printed on their ballots For commission form of government, and all persons desiring to vote against this Act shall have written or printed on their ballots Against commission form of government. In case a majority of the ballots cast at said election shall be in favor of the commission form of government, this Act shall take effect on the first Monday of April, 1915. In

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case a majority of the ballots cast at said election shall be against commission form of government, then this Act shall become void and of no further force and effect. This Act to be submitted to popular vote. SEC. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1914. ROSSVILLE, CITY OF, CHARTER AMENDED. No. 513. An Act to amend the city charter of the city of Rossville, Walker County, Georgia, authorizing and empowering the mayor and city council of said city of Rossville, Georgia, to elect a marshal for said city, and to fix and regulate the salary of said marshal; also to authorize and empower the citizens of said city to elect, at their annual elections, the clerk of the city council, who shall be tax collector, and also one of the five members of the city council; also to authorize and empower the State public school funds belonging to the city of Rossville, Georgia, to be turned over directly to the public school authorities of said city of Rossville, Georgia; also to authorize and empower the citizens to vote in special elections to fill all vacancies that may occur in the office of the mayor or on the city council or city tax assessors, and to regulate the registration of voters in all general and special elections for the city of Rossville, Georgia; also to provide that the administration shall cease on the last day of the calendar year; that

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the new or incoming administration shall take charge on the first week day of the new year, and that the retiring mayor and council shall make a complete financial report within five days from the expiration of their term of office; and further providing that the school trustees of said city shall make annual and semi-annual reports to the incoming mayor and council, including their work for the past calendar year ending December 31st. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the charter of the city of Rossville, Georgia, in Walker County, embodied in one Act, approved August 24, 1905, and other Acts amendatory thereof be, and it is hereby amended in the following particulars: Act of 1905 amended. SEC. 2. Be it further enacted, That instead of the city marshal being elected by the citizens, as heretofore, he shall be elected by the mayor and council on the first meeting in January annually (or at the second meeting following, in the discretion of the mayor and council), and any vacancy occurring in the office of city marshal shall be filled as may be provided by ordinance. Marshal; election, and vacancy in office. SEC. 3. Be it further enacted, That the salary of the city marshal shall be fixed by the mayor and council, and that he shall give required bond for the faithful discharge of such duties as may be required of him by the mayor and council. Salary of marshal. SEC. 4. Be it further enacted, That on the first Saturday in December annually, the citizens of said city shall elect the clerk of the city council, who shall also be the city tax collector of all kinds of taxes, and who shall also be one of the five members of the city council. Clerk. SEC. 5. Be it further enacted, That instead of the State public school funds belonging to the city of Rossville, Walker County, Georgia, being sent to the county school

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superintendent, as heretofore, by the State authorities in whose hands public school funds have been entrusted, that the same be sent, by such authorities, direct to the public school authorities of the city of Rossville, Walker County, Georgia. Public school funds. SEC. 6. Be it further enacted that in case of a vacancy by failing to elect, by death, resignation or otherwise in the office of mayor, or on the city county, or tax assessors of said city, that the same shall be filled by a special election, at which all qualified voters of the city may participate, said election to be called by the mayor or acting mayor within ten days after such vacancy and held within thirty days after occurrence of such vacancy. Notice of such special election shall be published for two or more issues in a weekly newspaper published in said city of Rossville, Georgia; providing, that if no such newspaper be published in said city, notice of said election shall be posted in three or more conspicuous places in said city. Vacancies in office. SEC. 7. Be it further enacted, That the city clerk shall open the registration book thirty days before each annual election, in which all voters may register, said book to be closed ten days before said election; provided, that in any special election to fill a vacancy, said registration book shall be opened on the date calling such election and re main open until ten days before the date of holding said election. In such special election to fill vacancies none shall be required to register except those becoming qualified to register since the last annual election. Registration of voters. SEC. 8. Be it further enacted, That the administration year shall cease December 31st each year, and that new officers elected on the first Saturday in December shall take the oath of office and commence the discharge of their duties on January 1st following said election; provided, that if January 1st falls on Sunday, then on the day following, providing, also, that the retiring mayor and council shall hold over until the new or incoming mayor and council have been qualified and attend to such business as may require immediate attention. Administration year.

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SEC. 9. Be it further enacted, That the retiring mayor and council make an itemized report of all financial receipts and disbursements, with number of arrests, made during the year, and submit such other statistics as will show a true and just record of their official duties during their administration year closing December 31st, such report to be turned over to their successors within five days, and said report to be published in a weekly newspaper, if there be one, in said city. Reports by mayor and council. SEC. 10. Be it further enacted, That the public school trustees of Rossville, Georgia, shall make an itemized report covering the calendar year of their service ending December 31, to the incoming mayor and council at their first meeting in January; also that said school trustees shall, on June the 30th of each year, make a true and correct itemized account of all receipts and disbursements of school funds, and other essential information touching their service during the first six months of each year, said reports to be published as other city reports in a public gazette in said city of Rossville, Georgia, after same have been accepted and approved by the mayor and council. Reports by school trustees. Approved August 17, 1914. ROUND OAK, TOWN OF, INCORPORATED. No. 511. An Act to create a charter for the town of Round Oak, in the county of Jones, and State of Georgia, to provide a municipal government for said town; to define its boundary, and other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of

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this Act the town of Round Oak, in the county of Jones, be and the same is incorporated under the name and style of the town of Round Oak, and by that name 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 itself any estate or estates, real or personal, of whatever kind or nature, within or without the corporate limits thereof; may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said town, as mayor and aldermen in regular council meeting may adjudge fit and proper, the mayor, by direction of said council, making, executing and delivering all contracts thereto. Town of Round Oak chartered. General corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits shall extend along the track of the Central of Georgia Railway Company in a northerly direction for a distance of 2,100 yards, and along the track of the said railroad company in a southerly direction for a distance of 2,100 yards from the northwest corner of the depot, or waiting room, of said railway company, situated at Round Oak; that is to say, that the length of said town shall be 4,200 yards, and that the northwest corner of said depot shall be half way between its northern and southern boundary lines, and that its eastern boundary line shall be a distance of 1,000 yards from the northwest corner of said depot; that its western boundary line shall be a distance of 1,000 yards from the northwest corner of said depot; that said town when laid out shall be in the shape of a parallelogram, whose length shall be 4,200 yards and whose width shall be 2,000 yards. Territorial limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen; said council may elect or appoint such other subordinate officers of said town as they may deem necessary at any time for the enforcement of the provisions of this charter, or any ordinance passed in pursuance thereof, all of whom shall be

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deemed and held lawful officers of this State and town. All subordinate officers shall hold their offices at the will of said council, and receive such salary or compensation as may be attached to such office or appointment, and shall take and subscribe such oath and execute such bond for the faithful discharge of the duties that shall be required by the ordinances of said city. Government and officers. SEC. 4. Be it further enacted by the authority aforesaid, That Sam McCullough shall be and is hereby appointed mayor of said town, and that W. H. Basson, W. H. Gordon, Sr., J. T. Williams, B. G. Borom, J. C. White shall be and are hereby appointed aldermen of said town, to hold their several offices until the election and qualification of their successors; that an election for mayor and aldermen to such named offices be held on September 1st in Round Oak, and biennially thereafter on the same day, under such rules and regulations as may be adopted by said council, not inconsistent with the provisions of this charter and the laws of this State. Mayor and aldermen named. Election of successors. SEC. 5. Be it further enacted by the authority aforesaid, That all municipal elections in said town shall be held at such place as may be designated by the mayor and council of said town between the hours of eight o'clock a. m. and three o'clock p. m., and shall be held by any two citizens that may be freeholders of and residing in [Illegible Text] town, being first sworn to hold said election properly and faithfully. The election holders shall be appointed by the council, and neither of said election managers shall be a candidate in that election. Said election shall be conducted as provided by law for members of the General Assembly of this State, except that only two lists of voters and two tally sheets need be kept. The managers shall count the votes cast, declare the results, and certify the same to the mayor and council, and deposit with the mayor all papers pertaining to said election, who shall retain them unopened for ten days, and destroy them, unless notice of a contest shall have been filed. All contests shall be conducted by the general laws of force in this State. If

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from any cause there should be a failure to hold an election at the time appointed, the mayor and council shall order an election to be held as soon as practical by giving at least five days notice thereof by publication, or written notices posted in such conspicuous places in said town as they may direct and select. Elections, conduct and management of. SEC. 6. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the county of Jones who have resided in said town for six months next preceding said election, who have paid all taxes legally imposed by the authorities of said town, including street taxes and all fines lawfully imposed upon him, and have complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein; provided, that no one shall be permitted to vote who on being challenged as a voter fails to take the oath prescribed by law and to swear that he has been a bona fide citizen of said town six months next prior to said election. Voters qualified. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally at any municipal election held in said town shall be guilty of a misdemeanor, and be punished as provided by law for illegal voting in this State. Illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall at the time of their election be qualified voters in said town, and shall receive no salary for their services, but shall be exempt from street tax during their continuance in office. Mayor and aldermen have no salary. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen-elect shall within ten days after their election, meet at a time and place to be designated by said mayor, and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of the respective offices, which oath shall be recorded in the minutes of the council. Oath of office.

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SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall hold at such time and place as they may appoint, meetings for the transaction of the business of the town. The mayor shall preside, or a mayor pro tem., to be elected by council from one of their number, who shall vote in case of a tie. Said mayor or other member of council designated by it in the absence or disqualification of the mayor, shall hold police court for the trial of all offenders for the violation of the laws and ordinances of said town, and on conviction shall punish each offender by a fine not to exceed one hundred dollars, or by imprisonment in the calaboose not to exceed ninety days, or to work on the streets of said town not to exceed ninety days, any one or two, or all, of said penalties may be inflicted in the discretion of the mayor or mayor pro tem. trying the case. He shall have power to punish for contempt by a fine not to exceed five dollars and imprisonment not to exceed twenty-four hours. From the decision of the mayor there shall be the right of appeal to the council, a majority of whom shall decide all questions and issues on appeal. Meetings. Police court. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor shall have the power to discharge the duties of an ex-officio justice of the peace in all criminal matters, and upon an investigation in a police court, the mayor or other member of council presiding, in case it shall appear that an offense against the criminal laws of this State has been committed, shall have power, and it shall be his duty to bind the offender to the proper court, or commit him to jail, as the general statutes of the State provide by committing magistrates. Mayor's powers. SEC. 12. Be it further enacted by the authority aforesaid, That in the case of the absence or disqualification of the mayor, the mayor pro tem., who shall be elected by the council from one of their number, shall exercise all the powers with which the mayor is invested, and shall perform all the duties required of him. Mayor pro tem.

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SEC. 13. Be it further enacted by the authority aforesaid, That said mayor shall be the chief executive officer of said town. He shall see that the laws and ordinances, rules and orders of the mayor and council are faithfully executed. He shall have control of the police of said town; may appoint special police in his discretion, and see that the peace and good order of the town are preserved; that persons and property therein are protected, and to this end may cause the arrest of all riotous or disorderly persons or suspicious characters, or any person violating the laws, ordinances or rules of said town. Mayor's duties. SEC. 14. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to pass all laws, ordinances and rules for the government of said town, not in conflict with the constitution and laws of the State for the protection of life, property, peace, good order, health, comfort and convenience of the citizens of said town, and other persons therein, and to provide suitable penalties for the violations of the same. Legislation. General welfare. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority over all streets, alleys, sidewalks, parks and cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcher pens, livery stables, blacksmith shops, gins, mills and machinery propelled by steam, gasoline or electric power, and to remove the same in case they should become dangerous to person or property or injurious to public health; to establish fire limits and regulations to guard against fire, and to organize and maintain a fire department; to establish a system of sewerage, drainage and water works; to maintain street lights; to establish and maintain an electric plant and system; to establish and maintain other applicances and improvements as may conduce to the health and comfort of citizens of the town; to fill excavations, construct ditches, drain ponds and marshes, and to exercise all such police authority over all parts of the town as will conduce to the health, peace and comfort, good

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order and convenience of the citizens, and to pass all such ordinances as they may deem necessary therefor; provided, however, the county authorities of Jones County shall continue to work, maintain and repair all the public roads and highways in said town for a uniform width of thirty feet, as if this Act had not been passed, until the council of said town shall take over and assume to discharge the care and maintenance of said roads and highways. Streets and other subjects, control of. County work on streets of town. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding onehalf of one per cent upon all property, both real and personal in said town, and upon all franchises exercised therein, and may adopt such measures in their discretion as shall secure the fair and equitable return of all properties for taxation, and may in their discretion appoint three freeholders in said town as tax assessors, whose duty it will be to assess all property in said town for taxation at a fair cash valuation, and that said assessors shall have been residents of said town for six months prior to said appointment; that said council shall have power to require all male residents within the corporate limits of said town who are twenty-one years old and over to work on the streets, as heretofore provided, or the sidewalks of said town, or they may prescribe a commutation tax in lieu thereof not to exceed three dollars per annum. They shall have power to levy a special or license tax upon all kinds of business, callings, professions or occupations carried on in said town, upon all shows, exhibitions and performances carried on for gain, upon all peddlers or itinerant traders or vendors, insurance, machine agents, book agents, upon all livery stables, hacks, drays or other vehicles kept for hire, stallions, jacks or bulls kept for breeding, hotels, restaurants, beef markets, lunch counters, dealers in fish and oysters, barber shops, dealers in soft drinks, ciders, near beer or such other drinks, the sale of which is not forbidden by the prohibition laws of the State of Georgia, and may regulate the conduct of such business by ordinance and prescribe the method of obtaining license therefor, and prescribe

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penalties against any one exercising such privileges in said town without having first paid such tax or secured such license; provided, that there shall never be granted any license or authority to keep, handle any spirituous, malt or intoxicating liquors in whatever form, or guise, or name the same be had, and the selling of any of such liquors in said town shall be illegal and punished as prescribed in Section 11 of this Act for other offenses; provided, further, that tax upon all railroads, corporations and other public utility companies shall be assessed and paid as is prescribed by the laws of this State, as set out in Sections 872, 873, 874, 875, 1032 and 1054 of Volume 1 of the Code of 1910. Tax ad valorem. Assessors. Street tax. Licenses, and regulation. Liquors forbidden. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to enforce by execution the collection of any amount due or to become due to said town for taxes, fines, assessments, license, fees or otherwise, which execution shall be issued by the secretary and treasurer, and bear test in the name of the mayor, and be directed to the marshal of said city, his deputies and sheriffs and deputies of this State, who are hereby authorized and required to execute all writs, processes, warrants, executions, subpoenaes, rules and orders as aforesaid. All sales by said marshal shall be conducted as provided by law for sheriff's sales, and as such he shall make title and put purchasers in possession of property sold; provided, that the marshal shall turn over to the sheriff all levies made on real estate, who shall sell same as provided by law. Executions, for taxes, etc. SEC. 18. Be it further enacted by the authority aforesaid, That the judgments and executions issued under the provisions of this Act shall be a lien upon and bind all the property of the defendant from the date thereof, and shall rank with and have precedence, as provided by the laws of this State as to liens by executions and decrees. All claims and illegalities filed thereto shall be returned to the superior court of Jones County, or other court of said town, or county having jurisdiction, and be there tried, as provided by law for the trial of other claims and other illegalities,

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the cost to be the same and to be taxed and paid as prescribed by law for other such cases in such courts. Liens. Claims and illegalities. SEC. 19. Be it further enacted by the authority aforesaid, That in the event there should, from any cause, be a vacancy in the office of the mayor, the mayor pro tem. shall become mayor, with all the powers heretofore set out, until the next general election, and the council shall from their number elect a mayor pro tem. Vacancy in office. SEC. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1914. ROYSTON, CITY OF, BOND ISSUE. No. 403. An Act to amend an Act entitled An Act to incorporate the city of Royston, in the counties of Franklin, Hart and Madison, approved August the 24th, 1905, so as to authorize the city of Royston to issue bonds to an amount not exceeding one hundred thousand dollars ($100,000.00), and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 59 of the aforesaid Act be, and the same is, hereby amended as follows: By striking the words fifty thousand dollars in the fourth line of said section, and the figures ($50,000.00) from the fifth line of said section, and by inserting in lieu of said words in the fourth line of said section the words one hundred thousand dollars and

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by inserting in lieu of the figures in said fifth line the figures ($100,000.00), so that said section when so amended will read as follows: Section 59. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of such city in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of one hundred thousand ($100,000.00) dollars, of such denominations and in such amounts as they may see fit; said bonds not to bear interest at a rate in excess of five per centum (5 per cent) per annum, and to run for a greater period than thirty years from their date of issue, but may bear 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 water works, a system of sanitary sewerage, a crematory, a system of street lighting, either with gas or electricity, or both, street railways, 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 in such manner as said mayor and council may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of 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 voting at such election. Act of 1905 amended. To be read as amended. Bond issues; purposes. Election for bonds. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 12, 1914.

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SAVANNAH, CITY OF, CLOSING OF STREET. No. 285. An Act to authorize the mayor and aldermen of the city of Savannah to close and abolish that certain portion of River Street, in the city of Savannah, lying between the western line of Wadley Street extended, and the western terminus of said River Street; and to authorize and empower the mayor and aldermen of the city of Savannah to vest the title to said portion of River Street in the Ocean Steamship Company of Savannah and its assigns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and aldermen of the city of Savannah are hereby authorized and empowered to close and abolish that certain portion of River Street in the city of Savannah, lying between the western line of Wadley Street and the western terminus of said River Street, and to authorize and empower the mayor and aldermen of the city of Savannah to vest the title to said portion of River Street in the Ocean Steamship Company of Savannah and its assigns. Closing of River Street and conveyance of the title. 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 18, 1914.

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SAVANNAH, CITY OF, ELECTIONS AND VOTERS. No. 419. An Act to provide for the registration of voters to vote at the municipal elections in the city of Savannah, and to fix regulate and determine the time, place and manner in which such elections shall be held, and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, 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 hereafter the elections for mayor and aldermen of the city of Savannah shall be held on the second Tuesday in January of each fourth year, beginning with the year 1915; that is to say the next municipal election shall be held on the second Tuesday in January, 1915; that the next municipal election thereafter shall be held on the second Tuesday in January, 1919, and so on each succeeding fourth year thereafter. Elections, date of. SEC. 2. Be it further enacted by the authority aforesaid, that the qualification of voters at elections for mayor and aldermen and recorder of the city of Savannah, shall be those required by this Act and the constitution of the State of Georgia for elections in State elections, except that the time of residence of voters within the corporate limits of the city of Savannah shall be six months immediately preceding such election. Voters qualified. SEC. 3. Be it further enacted by the authority aforesaid, That all electors who are residents of the city of Savannah and are now entitled to vote in State elections in Chatham County, and all electors qualifying under this Act, shall be permanently registered and entitled to vote in said municipal elections; provided, that they shall be disqualified from voting for removal of residence from the city of

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Savannah and for any other reasons set forth in the permanent registration Act of the State of Georgia approved August 19th, 1913 (Acts 1913, pages 115-117), and any amendments which may be made thereto. Permanent registration of voters. SEC. 4. Be it further enacted by the authority aforesaid, That the list of qualified registered voters of Chatham County residing within the corporate limits of the city of Savannah prepared by the duly appointed registrars of Chatham County, under the provisions of the general registration law of the State of Georgia, shall be used as the list of registered and qualified voters entitled to vote in said elections for mayor and alderman and recorder. List of voters. SEC. 5. Be it further enacted by the authority aforesaid, That the tax collector of Chatham County shall close the registration book for such municipal elections six months before the date of the next succeeding election. Close of book. SEC. 6. Be it further enacted by the authority aforesaid, That the said registrars of Chatham County shall prepare the said list of qualified registered voters of Chatham County residing within the corporate limits of the city of Savannah, who have registered and paid all taxes due by them to the State of Georgia and Chatham County six months before said municipal elections as required by the provisions of the general registration law of the State of Georgia. The registrars in preparing said list will divide the voters in the first and second districts into three lists each and the third and fourth districts into four lists, each alphabetically arranged, upon each of which lists shall appear as far as practicable one-third or one-fourth respectively of the names of the voters of Chatham county residing within each of the said militia districts, it being the duty of said registrars, as far as possible, to equally divide said names on said lists without dividing the names commencing with the particular letter of the alphabet between two lists. Preparation of list. SEC. 7. Be it further enacted by the authority aforesaid, That the morning of the election for mayor and aldermen

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and recorder of said city, and before the boxes for the receiving of votes are opened, said registrars of Chatham County shall furnish the managers at each and every box a list made up as hereinbefore prescribed, of the voters in the respective militia districts, or portions thereof; the persons whose names appear upon such lists shall be entitled to vote at such election, they being in all other respects qualified. Lists to be furnished. SEC. 8. Be it further enacted by the authority aforesaid, That for rendering of services hereinbefore provided for the registrars of Chatham County, they shall receive the sum of four cents for each name upon the lists so furnished by them, to be paid out of the public treasury of the city of Savannah. Pay of registrars. SEC. 9. Be it further enacted by the authority aforesaid, It shall be the duty of the clerk of council of the city of Savannah to locate the position of the ballot boxes for the respective militia districts and the divisions thereof at the court house of Chatham County three (3) days before the election, to prepare and furnish the form of oath to be taken by the election managers and clerks, and the certificate of returns to be signed by said managers, consolidated returns and all other forms and papers to be used in said elections; except such as are herein otherwise provided for; furnish stationery to the clerks, ballot boxes to the managers and make all necessary arrangements for the election; and all expenses incident to the preparation of said papers, obtaining said stationery and ballot boxes and making said arrangements shall be borne by the city of Savannah, and paid from its treasury. Clerk of council; duties. SEC. 10. Be it further enacted by the authority aforesaid, That five days preceding an election for the mayor and aldermen and recorder of the city of Savannah the judge of the superior court of Chatham County, the judge of the city court of Savannah, and the ordinary of Chatham County, shall appoint six election managers for the first and second militia districts, each, and eight

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managers each for the third and fourth militia districts of Chatham County, said militia districts for the purpose of said election being divided as nearly as possible into thirds and quarters, as provided in the sixth section of this Act, so as to conform to the division of electors as made by the registrars, two of said managers to preside at each of the boxes in the said districts, and at the particular box to which they may be appointed by said judges. Such managers shall have been for the six months immediately preceding the election for which they are appointed residents of the city of Savannah. In the event of a contest for the office of mayor or aldermen, it shall not be lawful to appoint both managers at one box who are known to be adherents of any one ticket or candidate for office, but all persons contesting for office shall, as far as possible, have representation at each box. Election managers; appointment, etc. SEC. 11. Be it further enacted by the authority aforesaid, That the hours of voting at said elections shall be from eight o'clock in the morning until five o'clock in the afternoon, city time, the polls being kept open eight full hours. The managers above provided for shall have exclusive charge of all details in the arrangement and conduct of said elections, and shall allow not more than two representatives of each contending party or faction to be present when they count the ballots and certify the result of the election, and each manager before undertaking and entering upon the performance of his duties under this Act, shall take an oath before the clerk of the superior court of Chatham County, to be filed in said clerk's office, that he will truly perform the duties of his position. Polls; hours open. Conduct of election. SEC. 12. Be it further enacted by the authority aforesaid, That each of the managers so appointed shall appoint a clerk or list keeper, whose duties shall be to enter upon a list prepared for that purpose the names of those voters of the division of the district who vote at such election, such names to be regularly numbered according to the order in which the votes are cast, and the ballots voted by each voter shall bear the number that appears opposite the

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name of said voter on said list. Each clerk or list keeper shall, before entering upon the discharge of his duties, take and subscribe an oath before the clerk of the superior court of Chatham County to faithfully perform the same, and each clerk or list keeper shall receive as compensation the sum of five dollars, to be paid from the treasury of the city of Savannah. Clerks at elections. SEC. 13. Be it further enacted by the authority aforesaid, That if any election manager shall become disqualified or unable to perform his duties, his place shall be immediately filled by another, appointed as prescribed in the tenth section of this Act, and each manager shall receive for his services the sum of ten ($10.00) dollars to be paid out of the treasury of the city of Savannah. Vacancy filled. Pay of managers. SEC. 14. Be it further enacted by the authority aforesaid, That the election for mayor and aldermen and recorder of the city of Savannah shall be held at the court house of Chatham County, in said city, at the times hereinbefore prescribed for the same, and it shall be the duty of said district managers and clerks to attend said court house at the time appointed for the election, each voter shall vote in the box assigned to the district or division of the district in which he resides and not elsewhere, and when the right of any person to vote is challenged, one of said managers shall swear him, touching his right to vote, and propound to him the questions answered by him at his registration, and if his answers do not satisfactorily identify him as the person whose name he offers to vote, he shall not be allowed to vote. Upon receiving any vote, the name of the voter shall be immediately checked off the list furnished the managers as hereinbefore provided for. Election of mayor, aldermen and recorder. Challenge of voter. SEC. 15. 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

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him for the position for which he is a candidate. One copy of such certificates, the ballots voted, the lists furnished by the registrars, 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 who 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 judges shall immediately upon receipt of the certified returns of each 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 deemed elected and declared mayor, and the candidates so receiving the highest number of votes for alderman shall be deemed elected and declared aldermen, and the candidate so receiving the highest number of votes for recorder shall be deemed elected and declared recorder and the consolidated returns as made by the said judges shall be filed in the office of the clerk of council, as an official paper of the city of Savannah. Certificates, returns, and proclamation of result. SEC. 16. Be it further enacted by the authority aforesaid, That all ballots and papers deposited with the clerk of the superior court of Chatham County shall be kept by him unopened for the space of thirty days after such elections, and then they shall by him be destroyed, without examination; provided, however, that no contest is had. In the event of a contest it shall be his duty to keep all papers until called on to produce them in court having jurisdiction of said contest. After any such contest has been decided he shall destroy all papers without further examination. Ballots, etc. Contest SEC. 17. Be it further enacted by the authority aforesaid, That upon election day the police force of the city of Savannah shall be under the direction and control of the mayor of the city of Savannah, for the purpose of preserving order at and around the court house of said county; there shall be no interference on the part of said force or

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any member thereof with any voter who is in good faith attempting to deposit his ballot, and who is not violating any of the provisions of this Act, any law of the State of Georgia, or municipal ordinance of the city of Savannah, and any member or officer of said force so interfering shall be held and deemed guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided in Section 1065, of the Penal Code of the State of Georgia. Police force. Order. Interference. Penalty. SEC. 18. Be it further enacted by the authority aforesaid, That any election manager who shall use or attempt to use his position for the purpose of aiding any candidate for office, or who is in any manner attempts to secure a partisan advantage for any such candidate, or who shall allow any person to vote who is not a qualified elector under the provisions of this Act, shall be held and deemed guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided in Section 1065, of the Penal Code of the State of Georgia. Penalty for misconduct of manager. SEC. 19. Be it further enacted by the authority aforesaid, That any person who, without being legally and properly entitled to do so, votes or attempts to vote at any election for mayor and aldermen or recorder, for the city of Savannah, or who in any way interferes with the orderly and peaceful conduct and management of the same, shall be held and deemed guilty of a misdemeanor, under the laws of the State of Georgia; and punished as provided in Section 1065, of the Penal Code of the State of Georgia. Illegal voting. SEC. 20. Be it further enacted by the authority aforesaid, That no person whosoever shall be permitted upon the curb or sidewalk in front of any ballot box, except persons who are regular employees about the court house of Chatham County, and whose duties may require them, by reason of the location of the ballot boxes in the several offices of the court house to be closer to the same, members of the police force of the city of Savannah who are charged with the enforcement of law and order around the polls, and

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the electors approaching to vote, who shall form in as many lines as there are contending candidates for mayor, and who shall vote alternately from each line; no elector, however, shall be nearer than ten feet to the ballot box except the one in the act of voting, and it shall not be lawful for said clerks about the court house, persons having business about the court house, or members of the police force above excepted, to speak to any manager or clerk of the election, or elector, either directly or indirectly, about the election. Any one violating any of the provisions of this Section shall be held guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided in Section 1065, of the Penal Code of the State of Georgia. Regulations of persons at polls. SEC. 21. Be it further enacted by the authority aforesaid, That no elector shall speak to or consent to be spoken to by any other person than the election managers while at the polling place or within fifteen feet thereof, and then only in pursuance of official duty. No election manager or clerk shall be permitted to speak to an elector for the purpose of influencing his vote in any manner whatever. Any one violating the provisions of this section shall be held guilty of a misdemeanor under the laws of the State of Georgia and shall be punished as provided in Section 1065, of the penal code of the State of Georgia. No influencing of vote at polls. SEC. 22. Be it further enacted by the authority aforesaid, That in all elections for mayor and aldermen and recorder 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 and recorder 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 uniform size and color. The ballots shall be prepared by the clerk of council at the expense of the city, and shall contain at least two inches margin on every side of the

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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 preceding the election. No vote cast on any other ballot shall be 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 held guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided in Section 1065, of the penal code of the State of Georgia. Official ballots prescribed. How prepared and cast. SEC. 23. Be it further enacted by the authority aforesaid, That all candidates for mayor and aldermen and recorder who may have been nominated by any political party at the primary election provided for by law for the city of Savannah, shall file with the clerk of council of said city five days before the election provided for in this Act, notice of their nomination by their respective political parties, and in case there should be any independent candidate or candidates for such offices a declaration of an intention to become a candidate for mayor or alderman or recorder, must likewise be filed with said clerk of council five days before the election provided for in this Act, which declaration must be accompanied by the petition described in the Act regulating primary elections for mayor and aldermen and recorder, in the city of Savannah. Notice by candidates. SEC. 24. Be it further enacted by the authority aforesaid, That said mayor and aldermen and recorder shall hold their offices until their successors are duly elected and qualified.

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SEC. 25. Be it further enacted by the authority aforesaid, That the newly elected mayor and aldermen shall meet on the second Monday after their election for organization, and each alderman shall take the following oath: I do solemnly swear (or affirm) that I will faithfully execute the duties of an alderman of the city of Savannah according to the laws of the State and the ordinances of the city of Savannah to the best of my ability and understanding. The same oath shall be taken by the mayor, substituting the word mayor for alderman. The newly elected recorder shall on the same day enter into office and take the oath prescribed for other city officers of the city of Savannah. Oath of office. SEC. 26. Be it further enacted by the authority aforesaid, That nothing in this Act shall in anywise affect the existing laws now in force with reference to the board of mayor and aldermen of said city being composed of a mayor and twelve aldermen, or with reference to the eligibility for mayor and aldermen of said city as set forth in Paragraph 4830, of the Code of 1882, of the State of Georgia; nor shall the provisions of this Act in any wise effect the provisions of Sections 4823, 4824, 4825, 4827, 4828 and 4829, of the said Code of Georgia of 1882, as set forth in Paragraphs 2, 3, 4, 6, 7 and 8 of MacDonell's Code of Savannah of 1907, and the provisions of the Acts of the General Assembly of Georgia of 1903, pages 665, as set out in Section 2 of Paragraph 8, of the said MacDonell's Code of the city of Savannah of 1907. Certain existing laws not affected. SEC. 27. 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 12, 1914.

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SAVANNAH, CITY OF, PRIMARY ELECTIONS. No. 411. An Act to amend an Act approved August 19th, 1913, entitled an Act to provide for the holding of primary elections in the city of Savannah, Georgia, for the selection of mayor and aldermen of said city; to fix the rules and regulations under which such primaries shall be held, the qualification of voters therein, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to provide for the holding of primary elections in the city of Savannah, Georgia, for the selection of mayor and aldermen of said city; to fix the rules and regulations under which said primaries shall be held, the qualification of voters therein, and for other purposes approved August 19th, 1913, be, and the same is, hereby amended as follows: Act of 1913 amended. SECTION 1. By striking from the third and fourth lines of Section one of said Act the words That on the first Wednesday in January, 1915, and upon the same day in each alternate year thereafter. and inserting in lieu thereof the following words That on the second Tuesday in December, 1914, and thereafter upon the second Tuesday in December of each year immediately preceding the regular municipal election for mayor and aldermen and recorder of the city of Savannah; and further by striking from the seventh and eighth lines of said Section 1, the words in the general election for mayor and aldermen to be held during such year, and inserting in lieu thereof the following words for mayor and aldermen and recorder in the next ensuing general municipal election fixed by law for said city, so that when said Section one is so amended it will read as follows: To be read as amended.

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SEC. 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 the second Tuesday in December, 1914, and thereafter upon the second Tuesday in December of each year immediately preceding the regular municipal election for mayor and aldermen and recorder of the city of Savannah, primary elections shall be held in the city of Savannah by all political parties which have a State or national organization and which desire to have candidates for mayor and aldermen and recorder in the next ensuing general municipal election fixed by law for said city. Primary elections, date of. SEC. 2. By adding after the word mayor in the third line of Section 2 of said Act the words and recorder, so that when said Section 2 is so amended it will read as follows: Section 2. Be it further enacted by the authority aforesaid, That at such primary elections each candidate for mayor and recorder shall be entitled to name one manager and one clerk at each voting box. Naming of managers. SEC. 3. By striking from Section 3 of said Act the words and who is further qualified under the rules of his party in the fourth line of Section 3, and by inserting in lieu thereof the following words and who is further qualified under the rules of the State executive committee of his respective party, and further by adding at the end of said Section 3, the following words: The list of qualified registered voters of Chatham County, residing within the corporate limits of the city of Savannah, prepared by the duly appointed registrars of Chatham County, under the provisions of the general registration law of this State, shall be used as the list of registered and qualified voters entitled to vote in such primary elections subject to the restrictions of the first paragraph of this section, and said list shall be certified and furnished by the said registrars of Chatham County to the managers of such primary elections at the time and in the manner required by law for the furnishing of the list of voters at the regular general election for mayor and aldermen of the city of Savannah, so that when said section is so amended it will read as follows: Section

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3. Be it further enacted by the authority aforesaid, That at such primary elections every person qualified to vote in the next succeeding regular municipal election and who is further qualified under the rules of the State executive committee of his respective party, shall be entitled to vote. The list of qualified registered voters of Chatham County residing within the corporate limits of the city of Savannah, prepared by the duly appointed registrars of Chatham County under the provisions of the general registration law of this State shall be used as the lists of registered and qualified voters entitled to vote in such primary elections subject to the restrictions of the first paragraph of this section, and said list shall be certified and furnished by the said registrars of Chatham County to the managers of such primary elections at the time and in the manner required by law for the furnishing of the list of voters at the regular general election for mayor and aldermen of the city of Savannah. Further amendment. To be read as amended. Voters qualified. List of voters to be used. SEC. 4. By striking from said Act Section four and substituting in place thereof another section to be numbered four and reading as follows: Section 4. Be it further enacted by the authority aforesaid, That at all such primary elections there shall be the same number of boxes, the same hours of voting and the same place of voting that is at the court house of Chatham County as provided by law for the regular election for mayor and aldermen of the city of Savannah in an Act of the General Assembly of 1914, entitled `An Act to provide for the registration of voters to vote at the municipal elections in the city of Savannah, and to fix, regulate and determine the time, place and manner in which such elections shall be held, and prescribe qualification of voters at such elections and to prescribe suitable penalties for all violations thereof and for other purposes.' The chairman of each political party shall in such primary elections perform the duties prescribed for the clerk of council in said last mentioned Act. Further amendment. Act of 1914 (ante 1164, 1165). applicable. Clerk's duties. SEC. 5. By striking from said Act Section five and substituting in place thereof another section to be numbered

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five and reading as follows: Section 5. Be it further enacted by the authority aforesaid, That the first election provided for under this Act shall be conducted and held under the jurisdiction and authority of the judge of the superior court of Chatham County, the judge of the city court of Savannah and the ordinary of Chatham County, who shall arrange and provide for all the rules and regulations and details of the primary not herein provided for and not inconsistent with anything provided for in this Act. And at said first election and at each election thereafter, held under this Act, each political party of the description aforesaid which may have candidates for mayor and aldermen or recorder in such election shall submit for election an executive committee to be known as the city executive committee, such committee to be composed of twenty-four citizens of the city of Savannah and qualified voters. And at all future elections held under this Act the city executive committee of each political party of the description aforesaid shall have the authority to arrange and provide for all the rules and regulations and details of the primary of their respective parties not herein provided for and not inconsistent with anything provided for in this Act. Further amendment. Judges to provide rules, etc. Party executive committee to be chosen. SEC. 6. By striking from the third and fourth lines of Section 6, of said Act, the words in the regular general election in said city for mayor and aldermen, and inserting in lieu thereof the following words in the next succeeding regular municipal election in said city for mayor or alderman or recorder, and further by striking from the sixth line of said Section 6, the words in said regular election as an independent candidate, and inserting in lieu thereof the following words In said next succeeding regular municipal election as an independent candidate for mayor or aldermen or recorder, and further by striking from the twelfth line of said section 6, of said Act, the words succeeding general election, and inserting in lieu thereof the following words succeeding regular municipal elections; and further by adding at the end of Section 6, of said Act, the following words: And if it should appear at any time

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that the petition of any independent candidate does not contain the names of at least one-third of the registered voters fully qualified by law, said candidate shall be ineligible and the election of any such candidate shall be null and void, so that when said Section 6 is so amended it shall read as follows: Section 6. Be it enacted by the authority aforesaid, That no person shall be entitled to become a candidate in the next succeeding regular municipal election in said city for mayor and aldermen, or recorder who has not been nominated by a political party of the description aforesaid at a primary election held under the terms of this Act, unless any person desiring to enter in said next succeeding municipal election as an independent candidate for mayor or alderman or recorder shall within five days before said general election in said city file with the clerk of council of said city a petition endorsing his candidacy, signed by not less than one-third of the persons registered and qualified to vote in the next succeeding regular municipal election. No votes shall be counted for any person who has not been so nominated by said party or for any independent candidate who has not filed the petition aforesaid. And if it should appear at any time that the petition of any independent candidate does not contain the names of at least one-third of the registered voters fully qualified by law said candidate shall be ineligible and the election of any such candidate shall be null and void. Further amendment. To be read as amended. Candidates; what required. SEC. 7. By adding at the end of Section 7, of said Act, the following words And the candidate for recorder receiving the highest number of votes in his party shall be declared the nominee of his party, so that when said section is so amended it will read as follows: Section 7. Be it further enacted by the authority aforesaid, That the candidate for mayor receiving the highest number of votes in his party shall be declared the nominee of his party, and the twelve aldermen receiving the highest number of votes in their party shall be declared the nominees of their party, and the candidate for recorder receiving the highest number of votes in his party shall be declared the nominee of his party. Further amendment. Nominees of party.

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SEC. 8. By adding after Section 7, of said Act, another section to be known as Section 8, reading as follows: Section 8. Be it further enacted by the authority aforesaid, That the provisions of Section 17, 18, 19, 20 and 21, of the Act of the General Assembly of Georgia of 1914, entitled An Act to provide for the registration of voters to vote at the municipal elections in the city of Savannah, and to fix, regulate and determine the time, place and manner in which such elections shall be held, and prescribe qualification of voters at all such elections, and to prescribe suitable penalties for all violations thereof, and for other purposes, shall apply to and be of force in all elections held under the terms of this Act and said sections are hereby incorporated in and made a part of this Act. Further amendment. Act of 1914 1167-9) (ante, made a part hereof. SEC. 9. By adding after Section 8, as thus amended another section to said Act to be known as Section 9, and reading as follows: Section 9. Be it further enacted by the authority aforesaid, That each political party of the description aforesaid desiring to enter candidates for mayor and aldermen or recorder in said elections under this Act, shall have separate ballots prepared and furnished under the supervision of the authorities in charge of the election under the terms of this Act. The official ballot of each political party of the description aforesaid shall contain in separate columns the names of the candidates for mayor and aldermen and recorder of such party. There shall be as many columns on each ticket or ballot as there shall be respective candidates in such party or parties and the voter shall scratch thereon all candidates against whom he proposes to vote. Each political party of the description aforesaid entering candidates in said elections under this Act shall have colored ballots, and no two political parties shall have ballots of the same color, but all the ballots or tickets of any particular party must be of the same color and uniform in size and furnished as hereinbefore provided for. No vote cast on any ballot other than those herein provided for shall be received by the managers of the election, and if received by error or otherwise it

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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 under the laws of the State of Georgia and shall be punished as provided in Section 1065, of the penal code of the State of Georgia. Further amendment. Ballots. Manager not to examine ballot. 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 12, 1914. SAVANNAH, CITY OF, CHARTER AMENDED. No. 505. 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 authority of the same, That from and after the passage of this Act the corporate limits of the city of Savannah shall be so extended as to embrace Daffin Park and the Parkside Land Company subdivision, and the streets, lanes and roads included therein and adjacent thereto, bounded as follows: Commencing at the present corporate limits of the city of Savannah, on the corner of Ash Street and Dale Avenue, running thence South across Dale Avenue to the north property line of Daffin Park, thence east along the north property line of Daffin Park to the eastern property line of Bee Road; thence south along the eastern property line of Bee Road and Bee Road extended, as shown on the map of said Parkside Land Company subdivision, to an unnamed

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street 30 feet in width separating said subdivision from the McClesky lands; thence westwardly along the northern side of said unnamed street to the western side of Waters Avenue; thence north along the western side of Waters Avenue to the northern side of Dale Avenue; thence east along the northern side of Dale Avenue to the point of beginning. Territorial limits extended. SECTION 2. Be it further enacted, That no tract of land lying within the corporate limits of the city of Savannah, as they now are, or hereafter may be defined, or within two miles of such corporate limits, shall be laid off into lots and streets or lanes, or subdivided in any manner, until a map or plan of such subdivision shall have been first submitted to and approved by the mayor and aldermen of the city of Savannah. A copy of the map or plan of such subdivision, when so approved, shall be recorded by the parties making such subdivision in the office of the clerk of the superior court of Chatham County, Georgia, and copies deposited with the board of commissioners of roads and revenues of Chatham County, and with the chief engineer of the city of Savannah before offering any such lots for sale, and the filing of such map or plan shall constitute a dedication for public purposes of all the streets lanes or other highways thereon delineated. Copies of maps of plans of land subdivisions must be filed and recorded. Dedication to public. SEC. 3. Be it further enacted, That the mayor and aldermen of the city of Savannah shall have authority to pass all necessary ordinances, not conflicting with the provisions of this Act, regulating the laying off and sale of lots of land within the corporate limits of said city, and within two miles thereof, and providing punishment for violations of such ordinances and the preceding section of this Act. Ordinances regulating laying off and sales of lots. SEC. 4. Be it further enacted, That when any street or lane, or other highway in the city of Savannah is to be paved, notice shall be served by the city marshal upon the owners, or agents of owners of the adjoining property that all gas, water, sewerage, conduits and other underground connections must be made to the curb line before said paying is laid, and in the event of the refusal or failure of any such property owner to make such connections he may be

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prohibited from making any underground connections which would require the tearing up of street paving, for a period of five years, except under such penalties as the city by ordinance may impose. Underground connections before paving laid. SEC. 5. Be it further enacted, That the owner of any lot or tract of land within the corporate limits of the city of Savannah shall be primarily liable to any person injured by reason of any defect in or obstruction on the sidewalk bordering his property whenever the defect or obstruction is caused by the owner or person in possession, or whenever the defect is not caused by the owner or person in possession, but such defect has been previously brought to the attention of the owner, his agent, or the person in possession of said property, or where such defect remains unrepaired for such a period of time as would make the city liable, and whenever the mayor and aldermen of the city of Savannah are sued in such cases they shall vouch into court the owner of such property, and said owner shall be liable to the city for the amount of judgment obtained in such suit against the city. Liability of owner of abutting property for defect in sidewalk. SEC. 6. Be it further enacted, That the mayor and aldermen of the city of Savannah shall have authority to pass such ordinances as may be necessary to require all transfers of city real estate to be recorded with the board of tax assessors, or some person it may designate, and to require the grantee in the deed to pay all taxes up to the end of the last quarter before such transfer. Transfers of property, and payment of taxes. SEC. 7. Be it further enacted by the authority aforesaid, That the salary of the recorder of the police court of the city of Savannah, beginning with the term of the said official elected at the regular municipal election to be held in said city in January, 1915, shall not be less than twenty-five hundred dollars ($2,500.00) per year. Salary of recorder. 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 17, 1914.

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SHELLMAN, TOWN OF, TAXING POWER. No. 455. An Act to amend an Act incorporating the town of Shellman, in the county of Randolph, granting certain powers and privileges to the same and for other purposes, approved September 5, 1883, found in Acts of Legislature 1882 and 1883, on pages 318, 319, 320, so as to provide that the mayor and councilmen shall have the power to levy and collect a tax of not exceeding seven mills upon all property, both real and personal within the corporate limits of said town, and provide for the collection of said tax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section 7, of the Act, approved September 5, 1883, incorporating the town of Shellman in the county of Randolph, to grant certain powers and privileges to the same and for other purposes, be, and the same is hereby amended by striking from said Section of said Act, approved September 5, 1883, the words one-half of one per cent in the 3d line of said section, and inserting in lieu thereof the words: Seven mills so that when said Section 7 is amended, it will read as follows: Act of 1883 amended. (See Acts 1884-5, p. 387.) To be read as amended. Section 7. Be it further enacted, That the said Mayor and councilmen shall have power to levy and collect a tax of not exceeding seven mills upon all property, both real and personal within the corporate limits of said town, and the same may be enforced by the execution and levy and sale of property as in case of sales of property liable for State and county taxes; all levies of tax executions to be by marshal or his deputy, and to be conducted as sales by the sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits who are subject to road duty under

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the laws of this State to work on the streets of said town or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided, that no provisions of this Act shall in anywise effect the present law which provides for a right delegated to the councilmen of the city of Shellman to levy a special ad valorem tax of two and one-half mills for school purposes. Tax rate. Execution. Levy and sale. Street tax. School tax. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1914. SMITHVILLE, TOWN OF, EXTENSION OF LIMITS. No. 388. An Act to amend Section 1 of the Act approved December 11, 1901, Georgia Laws of 1901, to amend the charter for the town of Smithville, in the county of Lee, so as 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 Section one (1) of the Act approved December 11th, 1901, Georgia Laws, an Act to amend and revise and consolidate the several Acts granting corporate authority to the town of Smithville, in Lee County, be and the same is hereby amended by striking the words three-fourths of, in fifth line of Section one (1), so that said section when so amended will read as follows: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the corporate limits of the city of Smithville, in the county of Lee, shall extend and embrace a radius of one mile, except

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on east side; thence only to the run of Muckaloochee Creek, making the passenger depot of the Central of Georgia Railway Company the center. This Act shall not become effective until it has been submitted to the legally qualified voters of said town and ratified by a majority of the legally qualified voters of said town voting in said election; provided further, that the provisions of this Act shall be submitted for ratification to the voters of said town at the next regular election for mayor and council, to be held in said town after the passage of this Act; provided further, that the legally qualified voters of said town favoring this Act shall have printed or written on their ballots For extension of town limits, and those opposing said extension shall have printed or written on their ballots the words Against the extension of town limits. Act of 1901 amended. To be read as amended. Territorial limits extended. This Act not effective unless ratified by vote of people. Form of ballots. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1914. SMYRNA, TOWN OF, BOND ISSUE. No. 521. An Act to amend an Act which amended and superseded the Act incorporating the town of Smyrna, in Cobb County, which amending and superseding Act was approved August 21st, 1911, so as to authorize said town to issue bonds for the purpose of acquiring, by purchase or otherwise property for school purposes, and improving school property, and so as to authorize the issue and sale of bonds in an amount for school purposes not exceeding $12,000.00; to provide for an election to be

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held by the qualified voters of said town as to whether said bonds shall be issued; to provide a method of levying taxes to pay the principal and interest on said bonds; to provide for the creation of a commission for the purpose of acquiring said property, and of constructing suitable school buildings, expending the funds derived from the sale of said bonds, 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, an Act which was approved August 21st, 1911, and which amended and superseded the Acts incorporating the town of Smyrna, in Cobb County, be and the same is hereby amended, so as to authorize the mayor and council of said town of Smyrna, and they are hereby authorized and empowered by the authority aforesaid, to order and have held an election by the qualified voters of said town at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by said town of Smyrna in the sum not exceeding $12,000.00, to be sold for the purpose of acquiring by purchase or otherwise property for school purposes, and of constructing and improving school buildings for the public schools of said town; said election shall be held in accordance with the provisions of Sections 440 to 443, inclusive, of the Code of Georgia of 1910, and the ballots used in said election shall be For school bonds and Against school bonds. Act of 1911 amended. Bonds for public schools. Election. SEC. 2. Be it further enacted by the authority aforesaid, That should said election be in favor of bonds for said purpose, then the mayor and council of said town of Smyrna shall be authorized to issue the bonds of said town in a sum not to exceed $12,000.00 in the aggregate; said bonds shall be designated as public school bonds of the town of Smyrna, and shall be for the sum of $1,000.00 each and numbered from one to twelve, inclusive; said bonds shall be issued in the name of the town of Smyrna, under its corporate seal, be signed by the mayor and clerk of

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council thereof; shall be for the term of thirty years, and draw interest at the rate of 6 per cent per annum, payable semi-annually, on such dates as the mayor and council may fix. Issue of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That whenever said election is held and said bonds ordered issued as a result of said election, in accordance with the provisions of this Act, it shall be the duty of the mayor and council of said town of Smyrna to issue said bonds and sell the same at not less than par value, after due advertisement, and to turn over the proceeds thereof to the commissioners hereinafter provided for in Section 5 of this Act. Sale of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of said mayor and council to annually levy and collect a sufficient tax, not to exceed one-half of one per cent, upon all the taxable property in said town of Smyrna; to provide a sinking fund sufficient to pay off the principal thereof when it matures, and said funds are to be used for no other purpose whatever. Annual tax. SEC. 5. Be it further enacted by the authority aforesaid, That at the time the said mayor and council shall call the election, as herein provided for, the qualified voters of said town shall also elect four commissioners, residents of said town, and these commissioners shall be those four receiving the highest number of votes cast in said election, the mayor, by virtue of his office, to be a member of said commission and the chairman thereof. Bond commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners to receive from the mayor and council the money derived from the sale of said bonds, and to cause the same to be expended in the acquiring of property, by purchase or otherwise, and in the construction and equipping thereon of school buildings, or improvement of public school buildings in said town of Smyrna; they shall have full power and authority to enter into contracts for this purpose, and

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upon completion of the work they shall render a true and full report of their acts and doings to said mayor and council and produce to the said mayor and council proper vouchers for all moneys paid out by them, and it shall be the duty of said mayor and council to have said report entered upon the minutes of the council of said town, and said report, together with said vouchers, shall be open to the inspection of any taxpayer in said town of Smyrna. Duties and powers. SEC. 7. Be it further enacted by the authority aforesaid, That should said bond issue fail to be carried upon its first submission to the voters of said town, under the provisions of this Act, then at any time after the expiration of twelve months said mayor and council shall be authorized to call and have held another election for bonds, as provided herein. Further 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 15, 1914. SOPERTON, TOWN OF, SCHOOL SYSTEM ABOLISHED. No. 326. An Act to amend an Act incorporating the town of Soperton, in the county of Montgomery, approved Dec. 17, 1902, and the Acts amendatory thereof so as to abolish the public school system of said town of Soperton as provided for in an Act approved August 9, 1910. SECTION 1. 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

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Act the public school system of the town of Soperton, in the county of Montgomery, as is provided for in Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of an Act [Illegible Text] August 9, 1910, be and the same is hereby repealed. Sections of Act of 1910 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 July 29, 1914. SOPERTON, TOWN OF, CHARTER AMENDED. No. 327. An Act to amend the charter of the town of Soperton, in the county of Montgomery, approved December 17th, 1902, and all Acts amendatory thereof, so as to enlarge the power of the mayor and aldermen of the town of Soperton, so that they shall be authorized and empowered to purchase, build, equip, construct, contract for, establish and maintain a system of water works and sewerage and drainage, and electric plant or lighting system; to authorize and empower the mayor and aldermen of said town to issue and sell bonds of said town of Soperton sufficient for said purposes; to provide for an election submitting said bond issue to the qualified voters of said town of Soperton; to authorize the levy of a tax to pay the principal and interest of said bonds; to authorize the condemnation of property, both inside and outside, of said town of Soperton in laying water mains, sewerage, and in the erection and construction of electric light wires, and for other purposes.

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SEC. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and council of the town of Soperton, in the county of Montgomery, and State of Georgia, in addition to the power and authority already granted under the present charter of said town and the Acts amendatory thereof, shall have full power and authority to erect, construct, equip and maintain in said town a system of water works and a system of sewerage for said town, and also a system of electric lights or lighting plant, and to that end shall have full power and authority to acquire by purchase, gift or condemnation proceedings all necessary lands, easements, water supplies and franchises. Waterworks, sewers and lights. Power to acquire. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said town of Soperton cannot procure by purchase the necessary lands, rights of ways or water ways for the construction of the system of lights, water works and sewerage, then the mayor and council of said town shall have the right to exercise the power of eminent domain, and to condemn such lands, easements, rights of way or water ways, and franchises, in manner and form as provided in Chapter 9 of Volume 1 of the Code of 1910, of the State of Georgia, and the Acts amendatory thereto. Condemnation of properties. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Soperton shall have the right of laying the necessary water mains, pipes, conduits and drains for water works and sewer purposes, and the right to erect posts, poles and wires for the purpose of conveying electricity and lighting said town, said rights to apply to the public highways of the county of Montgomery, as well as to the public streets, alleys and lanes of the town of Soperton, and over and across and under the lands of persons or corporations upon the payment of just compensation that may be agreed upon as assessed, as provided in said Chapter 9, Volume 1, of the Code of 1910, of this State. Incidental powers.

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SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Soperton are hereby authorized and empowered to order, and have held an election by the qualified voters of said town at such times as said mayor and council may designate, to determine whether or not bonds shall be issued by the said town of Soperton in a sum not to exceed the constitutional limitation, to be sold for the purpose of establishing, constructing, equipping and maintaining a lighting plant, a system of waterworks and a system of sewerage for said town of Soperton, or any one or all of said public improvements; said election shall be held in accordance with the provisions of Sections 377-3, 440-443, inclusive, of the Code of Georgia of 1910, and at said election the ballot used shall be For bonds for light and Against bonds for water works, For bonds for sewerage and Against bonds for sewerage. Said mayor and council shall have the power and authority to order an election, either for lights, water works or sewerage bonds, or for either two or all of said purposes. Said mayor and council shall be required to advertise said election in a newspaper in the county of Montgomery in which sheriff's advertisements are published once a week for four weeks immediately preceding the date of said election; and in addition to said published notice shall post at three public and conspicuous places within the corporate limits of said town of Soperton notices of said bond election, all of which said notices shall specify in detail the amount of bonds to be voted for and the purposes for which said bonds are to be issued, the length of time said bonds are to run, and the rate of interest to be paid thereon. Election for bond issue. Ballots. Notice. SEC. 5. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for all of said purposes, or for either of said purposes, then the mayor and council of said town of Soperton shall be, and they are, hereby authorized to issue the amount of bonds, of the town of Soperton, so voted on, in a sum equal to the amount fixed by the mayor and

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council for said purpose or purposes, which total sum shall not exceed the limit provided for in the constitution of this State. Said bonds shall be designated lighting. water works and sewerage bonds of the town of Soperton, as should result from the election so held and carried. Said bonds shall be issued in such denominations as may be fixed by the mayor and council of said town, and for a term not to exceed thirty years; the rate of interest on said bonds shall be fixed by the mayor and council in such way as may seem most advantageous for said town after being advertised by law. Issue of bonds. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Soperton shall be, and are, hereby authorized and empowered to annually assess, levy and collect a tax on all of the property, both real and personal, corporate and franchise, in the corporate limits of said town of Soperton, in such sums as may be equitable, right, proper and necessary for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off such bonds at the maturity thereof, and the tax assessed, levied and collected for such purpose shall be kept separate and distinct from all other taxes and moneys of said town, and shall be used solely for the payment of the interest of said bonds, as it may accrue, and for the creation and accumulation of a sinking fund, for the payment of the principal of the same. Bond tax. SEC. 7. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of bonds, that the mayor and council of said town of Soperton may, at any time after the expiration of twelve months from the date of the first election here under, order another election under the provisions of this Act for either or all of said purposes. Further election. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Soperton be and they are hereby authorized and empowered to do and perform all acts and things necessary and incident to

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the building and operating of said electric light system, and of said water works and sewerage system; and to do and perform any and all acts and things necessary, usual and incident to the issuing and sale of each and all the bonds authorized under this Act, and generally to do and perform all things usual, incident and necessary to the acts and things authorized under this Act. Incidental powers. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Soperton shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect said electric lighting system and all of its parts, and also to protect said water works and sewerage system and all of its parts, whether located within or without the corporate limits of said town of Soperton. It is the purpose and intent of this Act to confer upon said mayor and council the right to exercise the necessary police power and regulations over the water basins and from which the public water supply may be obtained and over the water works and sewerage system, whether the same be situated within or without the corporate limits of said town of Soperton, and said rights and power is hereby conferred. Ordinances, rules and regulations. 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 July 29, 1914. SPARKS, TOWN OF, CHARTER AMENDED. No. 503. An Act to amend the Act to incorporate the town of Sparks, so as to incorporate within the territorial limits of said town of Sparks, Berrien County, Georgia, a special

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school district in and for said town of Sparks, to be known as the Sparks school district; to elect certain officers therefor; to grant power and authority to such officers; to levy taxes upon the property with in the limits of said town of Sparks for the maintenance and support of said school; to provide for the election of the clerk and treasurer and other officers of said town by the mayor and council of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the town of Sparks, in the county of Berrien, be and the same is hereby amended as follows: That there shall be a board of education for said town of Sparks, under the corporate name of the Sparks board of education, and whose duty it shall be to manage, control, maintain and establish, as hereinafter provided, public schools for and in the said town of Sparks, said board of education to consist of five members, to be elected by the qualified voters of said town of Sparks at the earliest time practicable after this Act goes into effect. At the first election two members shall be elected for a term of three years one member for a term of two years, and two members for a term of one year. Thereafter elections for members of said board of education shall be held annually at such time as the town council shall have fixed, or as soon thereafter as practicable, and the members of the board of education elected after the first election shall be for a term of three years. All vacancies in the board of education shall be filled by special election for the unexpired term only, and the members of said board shall hold office until their successors shall be elected and qualified; before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person

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shall be eligible to membership on said board except such persons as would be eligible to election as councilman of said town, and no person shall be eligible to election to such membership who at the time of his election is mayor or councilman of said town; that said board of education is authorized, empowered and required to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control, as to them may seem right and proper, which are not in conflict with the laws of this State. Charter amended. Sparks board of education. Election of members and terms of office. Oath and eligibility. Powers. SEC. 2. Be it further enacted, That the officers of the board of education shall be a president, vice-president, secretary and treasurer, all of which officers shall be elected upon said board, and they may elect such other officers as they may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond for such sum as may be fixed by the board of education to faithfully account for all moneys going into his hands as such officer, which said bond shall be made payable to said board of education, and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State for any breach of said bond by said secretary and treasurer, and the proceeds of such suit shall be applied to the public schools of said town; said secretary and treasurer shall pay out no moneys except by written order of the board. His term of office shall be for one year, and until his successor is elected and qualified. Officers of board. SEC. 3. Be it further enacted by the authority aforesaid, That said board of education shall have power, and it is hereby made the duty of said board to speedily devise, design and adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the white children, and also for the colored children of said town, and which, for the races, shall be entirely separate and distinct

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from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and town council of said town of Sparks. Powers. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall keep full and accurate minutes of the proceedings of said board; that said board shall meet at least once a month in regular session, at which said minutes and other books shall be subject to the inspection of the mayor and council, or any other interested citizen of said town; said board shall supervise, regulate and make efficient said school system; shall prescribe the curriculum and the books to be used in said schools; shall select and employ teachers for said schools, and if they see fit a superintendent for said schools; they shall fix the school term, and the time of the beginning and closing of said schools; they shall have the right to remove or suspend such teachers or superintendent whenever, in the discretion of said board, they may deem such action to be in the interest of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by anybody or court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws, rules and regulations for the government of said board and for the control of said teachers and schools as they may deem fit and proper. They may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts that they may deem best to promote the best educational interest of said town, not in conflict with State laws. Minutes. Duties and powers. SEC. 5. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift, bequest or property of any kind, real or personal, made to said board for the benefit of the schools herein created.

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SEC. 6. Be it further enacted by the authority aforesaid, That said board of education shall, out of any funds coming into its hands, provide school houses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be taken in the name of the schools herein created. School houses. SEC. 7. Be it further enacted by the authority aforesaid, That said board of education shall keep an accurate account of all moneys or property received by them for the use of said public schools, and of all expenditures made by them. These amounts shall at all times be open to the inspection of the mayor and council of the town of Sparks, or any interested citizen of said town. The members of said board shall be personally liable to the corporations of the town of Sparks for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purposes. Accounts. SEC. 8. Be it further enacted by the authority aforesaid, That said board shall annually, at the regular session of the mayor and council of said town in July of each year, make report to said mayor and council of the town of Sparks in writing of the condition of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like report shall be furnished at any time by said board to said mayor and council when so requested. Reports. SEC. 9. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be fixed for one year, and they shall provide, by by-laws and regulations adopted by said board for the election of their officers, and no officer shall have any compensation, except such as may be fixed by the mayor and council, and not to exceed the sum of twenty-five dollars per annum, except the secretary and treasurer, whose compensation shall be

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fixed by the board of education prior to his election and qualification, not to exceed, however, one hundred fifty dollars per annum; provided, however, that said board, by unanimous vote, can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation and to keep it in proper and legal condition. Terms of office. Compensation. SEC. 10. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall run for a period of not more than ten scholastic months, nor less than five, in each year. Schools. SEC. 11. Be it further enacted by the authority aforesaid, That all taxes to be raised by levy under this Act shall be used not only for the purpose herein mentioned, but also for establishing and maintaining said schools and providing furniture, apparatus, grounds and buildings for said schools; provided further, that it shall be lawful in the sound discretion and best judgment for the said board of education to charge and require a small incidental or matriculation fee for each pupil admitted into said schools, which amount shall in no event exceed the rate of one dollar per term where the child resides within the corporate limits of said town of Sparks, and shall not exceed the rate of three ($3.00) dollars per month where the child attending resides without the limits of said town of Sparks. Taxes, how used. Fees and tuition. SEC. 12. Be it further enacted by the authority aforesaid, That all school children between the ages of six and eighteen years, who are bona fide residents of said town with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay tuition for such course of study as may be prescribed by the board of education, except in the incidental or matriculation fee above mentioned, but the board of education may require children living outside the limits of said town to pay tuition for and during the school term; provided, all such tuition shall become a part of the

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funds for the maintenance of said public school system, and must be used and accounted for, as likewise any other funds. School children. SEC. 13. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expense of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and council at their regular meeting, not later than September of each year; and the mayor and council are hereby authorized and required, after the passage of this Act, to levy a special ad valorem tax, not to exceed one-half of one per cent., on all the property in said town for taxation, and when the taxes for such purposes are levied and collected the collecting officer of said town shall pay over the same to the secretary and treasurer of said board of education; said taxes shall be collected as the other taxes of said town and shall not later than 1st day of February of each year be paid to the secretary and treasurer of the board of education; and said taxes shall not be paid out by said secretary and treasurer of said board except upon a written order of said board of education under such regulations and requirements as they shall provide under authority of this Act; provided, however, this paragraph of this Act shall not go into effect until ratified by the qualified voters of said town of Sparks. Estimates. Tax levy. SEC. 14. Be it further enacted by the authority aforesaid, That the board of education of Berrien County, or such body as may have charge of the public schools of said county, shall not establish or open any school or schools within the corporate limits of said town of Sparks, or have any authority or voice in the management of the schools herein established under the provisions of this Act by the board of education of the town of Sparks. County board excluded. SEC. 15. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia is

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hereby required to pay over to the board of education of the town of Sparks the pro rata share of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of the town of Sparks, as shown by the last school census of Berrien County. The amount thus to be paid shall be paid at such time as the teachers of the county of Berrien are paid, and when paid shall be expended by said board for the support and maintenance of said public schools of the town of Sparks; it shall be the duty of the board of education of the town of Sparks to have prepared and furnish to the State School Commissioner immediately upon the establishment of said public schools and at such times thereafter as the school census for the county of Berrien may be taken, a list or census of all school children of school age residing within the corporate limits of said town of Sparks. The board of education of the town of Sparks shall have authority to admit the children of non-residents upon such terms as may seem to them reasonable and just; also to admit the children of public school age who reside in Berrien County, but without the corporate limits of the town of Sparks, and to make contracts with the board of education of the county of Berrien for such pro rata amount as may be due by the county of Berrien of the State and county school fund for such children. State school fund. Census. SEC. 16. Be it further enacted by the authority aforesaid, That all assessments of taxes and all funds arising from or collected under this Act, shall be by the corporate authorities of the town of Sparks kept separate and distinct from other collections and assessments of said town, and are not to be used for any purpose except as herein-before directed, and the mayor and council shall keep a separate, full and distinct itemized account showing all moneys raised, how, when and for what, and the disposition of the same, to whom, when and for what purpose paid out. Taxes separated.

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SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Sparks shall have power, and are hereby authorized to designate such specific tax as they may think best in supplementing the school fund of said town, not in conflict with the charter of said town and the laws of this State. Special tax. SEC. 18. Be it further enacted by the authority aforesaid, That said Act incorporating said town of Sparks be further amended, and that there shall be for the said town of Sparks a clerk and treasurer for said town, elected by the mayor and council of said town, the same to be from any qualified voter within the corporate limits of said town, and for other purposes. Clerk and treasurer of town of Sparks. SEC. 19. 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, 1914. STATESBORO, CITY OF, CHARTER AMENDED. No. 340. An Act to amend an Act entitled An Act to create a new charter for the city of Statesboro, approved August 17th, 1912, so as to give authority to the mayor and council of said city to suspend a member of the board of trustees of the schools of the said city for cause; to authorize the mayor and council of said city to establish and maintain parks within the limits 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 Section 59 of the above-described Act be, and

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the same is, hereby amended by adding immediately after the words the terms of each being three years, in line 11, the following: provided, however, that at any time upon complaint, and for cause shown, any member of said board of trustees may be suspended, and his office declared vacant, during said term by said mayor and council. Due notice of said complaint and of the time and place of hearing shall be given to the member of said board against whom complaint is made. If after said hearing, the office of such member be declared vacant, the mayor and council may proceed immediately to appoint a successor to such member, whose term shall be for the time of the unexpired term of the member removed. So that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That there shall be maintained in the said city of Statesboro a system of public schools, to be conducted in the manner hereafter 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 the 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; provided, however, that at any time upon complaint and for cause shown, any member of said board of trustees may be suspended, and his office declared vacant by said mayor and council. Due notice of said complaint, and of the time and place of hearing, shall be given to the member of said board against whom complaint is made. If, after said hearing, the office of such member be declared vacant, the mayor and council may proceed immediately to appoint a successor to such member, whose term shall be for the time of the unexpired term of the member removed. 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. Act of 1912 amended. To be read as amended. Public schools and board of trustees. SEC. 2. Be it further enacted, That Section Seventy (70) of said Act be amended as follows: By inserting immediately

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after the words, that the mayor and city council shall have power and authority, and the following, to purchase suitable vacant lands for parks, and to pay for same out of current funds, and to accept gifts of land to be used as parks, and to improve and maintain the same, and shall have power and authority, so that said section when amended shall read as follows: Be it further enacted, That the mayor and city council shall have power and authority to purchase suitable vacant lands for parks and to pay for the same out of current funds, and to accept gifts of land to be used as parks, and to improve and maintain the same, at any time they may deem necessary, to appoint a park commission, and shall, by proper ordinance, prescribe the manner of their election, term of office and salary of same. Further amendment. Parks for city. SEC. 3. 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 4, 1914. SWAINSBORO, CITY OF, BOND ISSUE. No. 288. An Act to amend an Act providing a charter for the city of Swainsboro, in the county of Emanuel, approved December 6th, 1900, by striking from the first line of Section 28 of said Act these words, within six months, and by striking from lines 20 and 21 of said Section 28 of said Act the following words, not exceeding in the aggregate the sum of twenty thousand dollars, to repeal conflicting laws and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That an Act incorporating the city of Swainsboro, in the County of Emanuel, approved December 6th, 1900, be, and the same is, hereby amended by striking from the first line of Section 28 of said Act the words, within six months, and by striking from the 20th and 21st lines of said Section 28 of said Act the words, not exceeding in the aggregate the sum of twenty thousand dollars, so that said section of said Act when so amended shall read as follows: Be it further enacted, That after the passage of this Act the city council may order an election to be held in said city of Swainsboro on the question of issuing bonds of said city for public improvement, and especially for the purpose of building suitable houses and providing furniture and apparatus for the public school in said city, as well as the ground whereon to build said houses, also electric lights and water works, in the discretion of the city council; that thirty days' notice of such election shall be given in the newspaper published in said city, and the same shall be held as all elections are held for said city; that all persons entitled to vote for city council of said city shall be entitled to vote in said election; that ballots cast at such election shall have thereon For bonds or the words Against bonds, and that the returns of said election shall be returned to the city council of said city, who shall in the presence of and together with the managers of such election consolidate and declare the result of the same; that if two-thirds of the qualified voters of said city voting at said election shall have voted For bonds, then the city council of said city shall be and they are hereby authorized and empowered to issue bonds of said city of such denomination as the city council shall determine, to be due and payable at any time in thirty years after issue, as the said city council shall determine; and said bonds shall bear interest not to exceed six per cent per annum, which interest shall be paid annually; that said bonds shall be signed by the mayor of said city, and countersigned by the mayor and council, and shall be negotiated in such a way and manner as said city council shall determine to be for the best interest of said city of Swainsboro, Act of 1900 amended. To be read as amended. Election as to issue of bonds for schools, water, and lights.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 18, 1914. SYLVESTER, CITY OF, CHARTER AMENDED. No. 305. An Act altering and amending the charter of the city of Sylvester by changing and extending the incorporate limits thereof; to provide for the issuance of additional bonds for public improvements by the mayor and council of the city of Sylvester, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 13th, 1904 (Acts 1904, pages 645 and 666), entitled An Act to incorporate the city of Sylvester, in the county of Worth, to prescribe the limits thereof, etc., be and the same is hereby amended by adding thereto the following: Act of 1904 amended. SEC. 2. Be it further enacted by the authority aforesaid, That the incorporate limits of the city of Sylvester be, and the same is, hereby extended so as to embrace within said corporate limits all that territory lying east of the present incorporate limits of said city of Sylvester, and which lies south of Oak Alley, west of the Gulf Line Railway Company right of way and north of a straight line drawn from the present southeast corner of Franklin Street, and leading due east to right of way of Gulf Line Railway Company. Territorial limits extended. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Sylvester

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be, and they are, hereby authorized to issue bonds for public improvements in such amount or amounts as they may deem proper and necessary, and at such times and for such purposes as said mayor and council may deem necessary, and to levy an ad valorem tax to pay off such bonds and the interest thereon, in such amount as said mayor and council may deem necessary, not exceeding the limit provided by the constitution and laws of this State, and upon their complying with such statutes in such cases made and provided. Bond issues authorized. 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 29, 1914. THOMASVILLE, CITY OF, CLOSING OF STREETS. No. 382. An Act to authorize and empower the mayor and council of the city of Thomasville to close and abandon certain streets in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and aldermen of the city of Thomasville, in the county of Thomas, in said State, are hereby empowered to close and abandon as public highways the following portion of streets in said city, to-wit.: Spair Street, from Jackson to Washington, and Jefferson Street, from Hansell to Mitchell Streets. Power to close and abandon parts of streets. SEC. 2. Be it further enacted by the authority aforesaid, That the authority delegated in the first section of this Act may be exercised by the said mayor and council

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by resolution at any regular meeting upon application of the board of education of said city showing the necessity of said closing. How to be exercised. 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 11, 1914. THOMASVILLE, CITY OF, PUBLIC SCHOOLS. No. 351. An Act to amend an Act to establish a system of public schools in the city of Thomasville, Thomas County, Georgia, and to provide for the maintenance and support of same by local taxation and otherwise; to provide for the government of the same; to provide for a board of education for said public schools in said city; to authorize and require the county school commissioner of Thomas County to pay over to the treasurer of the board of education for the use of said public school such part of the State school funds as may be the just pro rata share of the said city of Thomasville, to be determined by the school census of said city of Thomasville, and for other purposes, approved November 30th, 1900, so as to change the terms of the members of the board of education to four (4) years, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 3 of

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the above recited Act be so amended as to provide that the terms of members of the board of education elected in 1913 shall expire in 1917, and their successors chosen as provided in said Act. The terms of the other members of said board shall expire in 1915, and their successors chosen as provided in said Act. As the terms of members expire their successors to be chosen as provided in said Act for terms of four (4) years, or until their successors are elected and qualified. Act of 1900 amended. Terms of members of board of education. SEC. 2. Be it further enacted, That all conflicting laws are hereby repealed. Approved August 7, 1914. TIGNALL, TOWN OF, TAXING POWER. No. 302. An Act to amend an Act to incorporate the town of Tignall, in the county of Wilkes; to define the corporate limits, etc., approved August 22, 1907, changing the rate of taxation of said town. 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 Section 8 of said Act, incorporating the said town of Tignall, be and the same is hereby amended, as follows: By striking the words one-tenth from the third line of said section and inserting in its stead in said third line the words one-half, so that when said section is amended it shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding one-half of one per

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cent., upon all and every species of property, real and personal, within the limits of said town, except church and school property, at its market value, once in each year, and the time of collecting and assessing taxes shall be fixed by ordinance of the council; also to levy and collect such special taxes on trade, business, occupations, theatrical exhibitions, including circuses and shows, and all kinds of itinerant traders, peddlers, auctioneers, and all other trades, games and occupations subject to special tax under the State law, as they may deem proper; provided, that no tax shall be levied upon persons selling country produce, when the same is grown or produced by the vendor or the person for whom the vendor is acting. The mayor and council shall have the power to impose such rules and regulations for the purpose of enforcing the payment and collection of taxes above enumerated and not inconsistent with the constitution and laws of the State, and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town, and the marshal may proceed to collect the same by levy and sale; such sales may be made in case of levy on personal property after ten days' advertising in said town at the place to be designated by said council for such sales, and in case of levy on real estate by returns to the sheriff of said county of Wilkes, who shall advertise and sell in same manner as prescribed by State law for levies made on real estate and return by constable. Act of 1907 amended. To be read as amended. Taxes ad valorem and special. Enforcement of collection. SEC. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 27, 1914.

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TOCCOA, CITY OF, DISCOUNT OF TAXES. No. 504. An Act to amend an Act chartering the city of Toccoa, Georgia, approved December 20, 1897, Acts 1897, Page 341, as amended, so as to allow the municipal authorities of said city of Toccoa, in their discretion, to offer to the tax payers of said city a certain percentage of their ad valorem or property tax as a discount if the same are paid on or before a certain time. SECTION 1. 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 Toccoa, Georgia, approved December 20, 1897, (Acts 1897, page 341), and the several Acts amendatory thereof, be, and the same are, hereby amended, as hereinafter set forth in this Act. Act of 1897 amended. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Toccoa, be, and they are hereby authorized, in their discretion, to offer to the taxpayers of said city a certain percentage of the whole amount of their ad valorem or property tax as a discount on the full amount of said taxes if the same are paid on or before a certain date. The said mayor and council shall have the power to pass any ordinance or resolution to carry this provision into effect and may determine in said resolution or ordinance the amount of the percentage discount and the time fixed for which payment must be made in order to obtain said discount. This provision shall in no way effect the present tax rate of said city but is simply a discount for a premature payment of taxes. Discount of taxes prematurely paid. 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, 1914.

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VIDALIA, CITY OF, SCHOOL TAX. No. 363 An Act to amend An Act entitled, An Act to provide for a System of public schools for the city of Vidalia, in Toombs county; to provide by a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a board of education; to conduct the same, and for other purposes, approved August 20, 1906, so as to provide that the tax which the mayor and council of the city of Vidalia shall be authorized to assess, levy and collect for the maintenance of said public schools shall not exceed one-half of one per cent per annum. SECTION 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 12, of an Act to establish a system of public schools for the city of Vidalia, in Toombs county, and for other purposes, approved August 20, 1906, be, and the same is, hereby amended by striking out the word two fifths in the fifth line of Section 12, on Page 1107, of said Act, and inserting in lieu thereof the word one-half, so that said section when amended shall read as follows: Sec. 12. Be it further enacted, That if the election herein provided for shall be in favor of public schools, then the mayor and council of the city of Vidalia shall be authorized to assess, levy and collect a tax, in addition to that now provided by law, not to exceed one-half of one per cent per annum, on all the taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus and buildings for said schools; and the proceeds that arise from the grant of the use of the auditorium of the present school building shall be used in like manner.

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This tax shall be collected by the first day if January of each year after the same is assessed and levied, in like manner as other taxes are collected, and shall be turned over to said board of education to be used for the purposes aforesaid, and no other; provided, however, that the provisions of this Act shall not go into effect until said supplementary tax herein provided for shall have been levied and collected. Act of 1906 amended. To be read as amended. Additional tax for schools. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 8, 1914. VANNA, TOWN OF, TAX RATE. No. 442. An Act to amend an Act incorporating the town of Vanna in the county of Hart, approved August 19th, 1912, so as to authorize an increase in the tax rates of said town and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the town of Vanna in the County of Hart approved August 19th, 1912, be and the same is hereby amended by striking out the words one-half of one mill in the third line of Section eight, and substituting in lieu thereof, the words five mills, so that said section when amended will read as follows: Act of 1912 amended. To be read as amended. Section 8. The mayor and council shall be empowered to levy a tax for the support of the Government of said town, not to exceed five mills, and shall fix the compensation

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of all employees of said town, except the mayor and councilmen, who shall serve without compensation. Increase in tax rate. SEC. 2. That said bill shall not become effective until it has been ratified by a majority of the qualified voters of said town in an election to be held on the first Monday in October, 1914. Said election to be held under the same rule and with same qualification as to voters as elections for mayor and council are held in said town; provided, that no one who has not been a bona fide resident of said town for 60 days and paid all taxes due State and county and also all taxes due said town 30 days before said election shall not be eligible to vote in said election. The mayor shall name the managers of said election, and said managers shall be the judge of the qualifications of the voters. Those voting for the amendment to the charter shall have on their ballot the words For amendment and those voting against said amendment shall have on their ballot the words Against amendment. The mayor and council shall declare the result of said election, and enter the same on the minutes of said town. This Act not effective unless ratified by popular vote. Form of ballots. 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 Auust 14, 1914. WAVERLY HALL, TOWN OF, INCORPORATED. No. 306. An Act to incorporate the town of Waverly Hall, in Harris County; to define the limits thereof; to provide a municipal government; to confer certain powers and privileges on 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 authority of the same, That from and after the passage of this Act, the town of Waverly Hall, in the county of Harris, be, and the same is hereby incorporated as a town under the name and style of the town of Waverly Hall. The boundaries or corporate limits of said town shall embrace all that land within the limits of one mile in every direction from the center of the depot of the Southern Railway Company, now located in said town of Waverly Hall, on the northwest side of the tracks of the said railway company. Town of Waverly Hall incorporated. Territorial 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 immediately preceding their election to office. Said municipal government shall be styled the town of Waverly Hall, and by that name made a body corporate. As such, the town of Waverly Hall shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey, for the use of said town, any real or personal property of any kind, to purchase such real and personal property as is necessary for said town; that said mayor and council 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. Government. Corporate name, and general powers. SEC. 3. Be it further enacted, That T. H. Bussey be and he is hereby appointed mayor of said town, and that E. R. Kilpatrick, Simon Bickley, R. L. Baldwin, G. P. Stanford and J. A. Luttrell are appointed councilmen thereof, to hold office until the regular December, 1914, election, or

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until the election and qualification of their successors in office. Mayor and councilmen named. SEC. 4. Be it further enacted, That on the second Monday in December, 1914, and annually thereafter, on the same day in the same month, an election shall be held in said town for mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. Election of successors. 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 mayor (or councilman, as the case may be) of the town of Waverly Hall, to the best of my ability, without fear or favor, so help me God. Oath of office. SEC. 6. Be it further enacted, That all persons residing in the town of Waverly Hall 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 Waverly Hall three months immediately preceding the day of 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. Voters qualified. SEC. 7. Be it further enacted, That all contests concerning elections for mayor and councilmen in and for the town of Waverly Hall shall be held and determined by the ordinary of said county of Harris, 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 of elections. 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 an election to fill such vacancy, notice of which shall be given

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at least ten days by posting written notices of the same in two or more public places in said town. Vacancy in office. SEC. 9. Be it further enacted, That said mayor and councilmen shall, at the first meeting in January of each 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 the duties of the mayor whenever, from sickness, absence or other cause the mayor cannot act; also, at such time the 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, 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 mayor and council power to do so, annually, and the mayor and council shall require bond, with good and sufficient security for 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 $30.00 per annum, and the mayor and council shall be allowed to fix the salaries of all officers appointed by them, 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 entering upon the discharge of their duties. Mayor pro tem. Clerk and treasurer. Marshal. Other officers. Salaries. SEC. 10. Be it further enacted 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 ten dollars, and five days work on the public streets of said town; either one or all, in the discretion of the court.

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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 case, and exercise the power of said mayor of said town in the trial of cases. Mayor's court. SEC. 11. Be it further enacted, That the mayor shall be 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, as 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 Waverly Hall, and there is probable cause to suspect that such person has violated a State law, etc. Mayor's duties and powers. SEC. 12. Be it further enacted, That the mayor, in his discretion, may allow the accused in his court to give bond for his appearance to answer any charge at some 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

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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 costs. A copy of said order shall be served 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 date fixed for the trial of said case, and in the event said persons are beyond the limits of said 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 bondsmen should 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 by him for the appearance of any offender exceeding in amount the sum of one hundred dollars. Bond for appearance. Forfeiture. SEC. 13. Be it further enacted, That the mayor and council of the town of Waverly Hall 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. SEC. 14. Be it further enacted, That all persons tried and fined in the 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 Waverly Hall, 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 council on appeal, the defendant shall have the right to give 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 Waverly Hall. Appeals.

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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 who he may see violating an 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 Waverly Hall, or any number of citizens as a possee to assist in such arrest. Said arresting officer shall at once notify the person of the charge preferred against him or her, and such person shall have a reasonable time to prepare for trial. Arrests without warrant. Assistance. Notice of charge. SEC. 16. Be it further enacted, 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 in such manner as they may provide by ordinance or resolution; they shall also have power and authority to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats, or other animals 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 constables under the laws of the State. Nuisances, abatement and removal of 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 the 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, powers as to. 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 Waverly

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Hall 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 five dollars per annum, to be fixed by ordinance. Said work to be done and said commutation tax to be paid when or at such time as the mayor and council may prescribe by ordinance. Said town authorities shall have the right also to pass such ordinances fixing a penalty for failure to work streets or to pay the tax as herein required, as in their judgment they deem best. Street tax or work. 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-half 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; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month of April, and when so given in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. The tax thus provided for shall be due and payable by the first day of December of each year, beginning with the year 1915. 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. Tax ad valorem. Assessment. Returns. SEC. 20. Be it further enacted, That the said mayor and council shall have the right to tax all shows, auctioneers,

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sleight 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 interests 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 taxes. SEC. 21. Be it further enacted, That the collection of all taxes, fines, forfeitures, commutation or license fees may be enforced by execution, levy and sale of property, as in the 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 Waverly Hall; 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 in 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

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liquors, drinks, bitters, mixtures, beverages or concoctions, or any imitation 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 effectively 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. Upon conviction of any person for maintaining a nuisance as above stated, and as a 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 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. Liquors forbidden. 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 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. Votes. Quorum. Approved July 29, 1914.

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WEST GREEN, TOWN OF, INCORPORATED. No. 319. An Act to incorporate the town of West Green, in the county of Coffee; to define its powers and jurisdictions; to provide for a mayor and council; prescribe their powers and duties; to define the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of West Green, in the county of Coffee, be, and is hereby incorporated as a town under the name of West Green. Town of West Green chartered. SEC. 2. Be it further enacted, That the corporate limits of said town of West Green shall be as follows: From where Second Street crosses Lott Avenue in said town, the north and south boundaries shall be three fourths of a mile and the east and west boundaries shall be one-half mile distance from this point. Or, in other words, the corporate limits of said town shall be a distance of one and one-half miles in length, north and south, and one mile wide, east and west, and the point where Second Street crosses Lott Avenue in said town, shall be the center of the corporate limits. Territorial limits. SEC. 3. Be it further enacted, That the municipal authorities of said town, are hereby constituted a body corporate, by the name of the town of West Green, 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 town, shall also have perpetual succession. Corporate powers in general. SEC. 4. Be it further enacted, That from and after the passage of this Act, that W. L. Lott, of said town, be, and

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is, hereby appointed and constituted mayor of said town; W. B. Courson, mayor pro tem.; W. B. Courson, N. S. Boyd, R. E. Darnell, W. L. Hall, J. W. Hataway, all of said town, be, and they are, hereby appointed and constituted councilmen of said town; the said mayor and councilmen to hold their respective offices until their successors in office are duly elected and qualified, as hereinafter provided. Mayor and council named. SEC. 5. Be it further enacted, That on the third Saturday in December, 1914, and annually thereafter on the same day and the same month, an election shall be held in said town for a mayor and councilmen thereof; said election to be under the laws governing the election of members of the Legislature of the State of Georgia. Election of mayor and council. SEC. 6. Be it further enacted, That all persons who have been bona fide residents of the said town for thirty days next preceding an election held thereof, and who are qualified to vote for members of the General Assembly, and who have registered fifteen days before the election aforesaid provided, shall be allowed to vote at any election held in said town. Voters qualified. 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 his duties thereof, take and subscribe the following oath, (which may be administered by any officer authorized by the Code of Georgia to administer oaths) I, mayor or councilman, do solemnly swear that I will faithfully discharge all duties incumbent upon me as mayor or councilman, or other officer of the town of West Green, 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 record of said town. Oath of office. SEC. 8. Be it further enacted, That the mayor and council shall have power and authority to elect such marshal, clerks, treasurer, and other subordinate officers as may be deemed necessary for carrying out the powers herein

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granted, and to prescribe the duties and compensation of such officers and require of them such bond as they may deem necessary, payable to said town in its corporate name. Marshal, clerk, treasurer, and other officers. SEC. 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open and keep in 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 where held; 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 the persons of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint when necessary, a police force to assist the marshal in the discharge of his duties, and in case of emergency the marshal shall have power to immediately summons, by oral command, any or all citizens of said town of West Green; to provide for annual assessment of taxable property therein, which in no event shall be greater than one per cent of the value of the taxable property; to adopt rules and regulations for the government of its own body. The council shall have power to make and pass all needful orders, ordinances, and by-laws not contrary to the constitution and laws of Georgia; to carry into effect the foregoing enumerated powers, and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties, and imprisonments in the town jail or prison, if there is one, for a term not exceeding sixty days, or impose a fine of not less than one dollar nor more than Seventy-five dollars in the discretion of the mayor or other acting officer. Streets, and protective police powers. Taxation. Legislation. Punishment. SEC. 10. Be it further enacted, That the said town shall have the power and right to organize and work chaingangs upon the streets and thoroughfares of said town, and to confine at labor therein for a term not exceeding sixty days, person convicted of violating the ordinances of said town. Chaingangs.

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SEC. 11. Be it further enacted, That the mayor of said town shall have the authority to bind over or commit to jail offenders against any criminal law in Georgia, committed within the corporate limits of said town of West Green, whenever in course of investigation before him a proper case therefor shall be made out by evidence. Violations of State laws. SEC. 12. Be it further enacted, That the said mayor and council 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 council, or any subordinate office of said town, by a vote of the majority of the town council. Mayor pro tem. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have control of the police of said town, and he may appoint special police when he may deem it necessary; he shall have power to hold his police court for the trial of the offenders of the ordinances of said town at any time he may fix, and the defendant shall have the right of appeal to the whole council upon such terms as may be provided for by ordinances; he shall have the 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 as hereinbefore provided. Mayor's duties and powers. SEC. 14. Be it further enacted, That the town council shall have the power and authority to levy and collect taxes on all professions, trades, businesses, occupations, theatrical performances, shows or other exhibitions within said town; on all peddlers, venders of medicine, itinerant traders, salesmen or soliciting agents, hotels, boarding houses, livery stables, transportation companies, telephone companies, express and telegraph companies; and on bowling alleys, skating rinks, pool or billiard tables and all other games of this nature kept or played within the corporate

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limits of said town; to grant licenses for the same and to regulate them by ordinances which are not inconsistent with the constitution and laws of Georgia. Taxes on occupations. SEC. 15. Be it further enacted, That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporation and not repugnant to the constitution of the United States and of the State of Georgia. Incidental powers. SEC. 16. Be it further enacted, That the town council shall have the power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any contagious disease, or against infected localities; to enforce and make effective such regulations; to establish a pest house or camp of detention within or without said town, and cause the removal thereto and the detention therein of all persons affected with such diseases; they shall have power in their discretion, to allow such persons to remain on premises by themselves, when such persons at their own expense, provide suitable and sufficient guards to successfully quarantine such premises. Said town council shall have power and authority to require all persons within said town whether resident or transient, to be vaccinated, whenever in their discretion, same shall be necessary; they shall have full power to enforce such regulations and 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 over it, as long as it is used for these purposes, as if it were within the corporate limits of said town. Said town council shall have the authority to elect or appoint a board of health, and inaugurate such other health regulations as they may deem necessary; the powers, duties and compensation of such officers to be fixed and prescribed by said town council. Diseases, quarantine, sanitation, etc. Vaccination. Board of health. SEC. 17. Be it further enacted, That the town council shall have the power and authority to establish and maintain within the corporate limits of said town of West Green, a public school, which may be supported in whole or in part

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by public taxation, on all businesses and properties within said town, as said town council may determine; that they may appoint any five discreet male persons of said town, as trustees of said public school, and said trustees shall conduct the same under the general laws of the State of Georgia, regulating the government of schools. Public school. SEC. 18. Be it further enacted, That the town council shall have the power and authority to levy and collect a street tax on every male inhabitant of the town, subject to road duty, between the ages of 21 and 50 years; provided, said street tax shall not exceed the sum of $5.00 per annum for each person; and provided, further, that such person may satisfy the same by working five days on the streets under the direction of the town authorities; in case of a failure to do said work or pay said street tax, the town authorities may enforce the same by fine, execution or compulsory labor on the streets of said town, in the discretion of the mayor and council, hearing and dealing with same, and for the purpose of raising revenue to defray ordinary expenses incident to the proper support and maintenance of town government, said town 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 per cent of the taxable values. 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 town, 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 the sheriff's sales, except that real estate shall be sold in said town where personal property is levied upon; it shall be advertised by posting in two of the most public places in said town, at least fifteen days before the day of the sale. Street tax or work Ad valorem tax. Collection of taxes. SEC. 19. Be it further enacted, That the power to grant the privilege to sell intoxicating liquors of any kind whatsoever

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is expressly denied said mayor and council, and the same shall never be exercised under this charter. No sale of intoxicating liquors. SEC. 20. 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, 1914. WILBURN, TOWN OF, CHARTER REPEALED. No. 444. An Act to repeal an Act entitled An Act to incorporate the town of Wilburn in the county of Franklin, State of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act entitled An Act to incorporate the town of Wilburn in the county of Franklin, State of Georgia, to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on same, and for other purposes' approved August 8th, 1910, Georgia Laws 1910, be, and the same is, hereby repealed. Act of 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 4, 1914.

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TITLE II. INSURANCE COMPANY. ACT. Southern Mutual Insurance Company, Charter Amended. SOUTHERN MUTUAL INSURANCE COMPANY, CHARTER AMENDED. No. 290. An Act to amend An Act to alter and amend an Act to incorporate the Southern Mutual Insurance Company, approved December 29, 1847, and the several Acts amendatory thereof, approved respectively December 21, 1849, February 18, 1854, March 5, 1856, November 23, 1866, and for other purposes approved December 17, 1902, so as to authorize the Southern Mutual Insurance Company to insure against loss by lightning, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same. SECTION 1. That Section 3 of an Act approved December 17, 1902, entitled An Act to alter and amend an Act to incorporate the Southern Mutual Insurance Company, approved December 29, 1847, and the several Acts amendatory thereof, approved respectively December 21, 1849, February 18, 1854, March 5, 1856, November 23, 1866, and

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for other purposes, be amended by adding the words loss by lightning on all such property after the word mixed in said section, so that said section when so amended shall read as follows: Section III. And be it further enacted, That said company shall have authority to insure against any loss by fire on all classes of property, either real, personal or mixed; loss by lightning on all such property, and also against all the hazards of the ocean or inland transportation of every kind, and to any amount not exceeding ten thousand dollars on any one risk, and may do any and all things necessary for the purpose of carrying on a fire insurance company, not in conflict with the laws of this State or of the United States. Act of 1902 amended. To be read as amended. Insurance against loss by lightning. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 18, 1914.

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PART IV.RESOLUTIONS

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RESOLUTIONS. Appropriation for Military Department Deficiency. Appropriation Penitentiary Committee's Per Diem and Expenses. Appropriation for Penitentiary Department Deficit. Appropriation for Pension Payments Deficiency. Appropriation for Salaries of State Bank Examiner's Bookkeeper and Stenographer. Appropriation for School Book Investigation Committee. Appropriation for Swift's Lithia Water and Sundry Other Matters. Appropriation for Tax Refund to Nix and Others. Appropriation for Tax Refund to Rahn. Code Revision, In Relation to. Code Revision, Park's Work Approved. Co-operative Agricultural Extension Work, Assent to. Cotton Tare and Bale Standardization. Covington and Oxford Street Railway Company, Refund of Payment by. Georgia School of Technology, Relief of. Great Seal of State, New in Place of Old. Land Title Registration Commission. Portrait of Governor Slaton Requested. Relief of Sureties M. J. Dolan and J. W. Seals. Relief of Surety R. L. Graham Relief of Surety L. L. Simmons. Relief of Surety J. L. Wooten. Reward to W. T. Jones, Authorizing Payament of. Unfinished Business of General Assembly, Relative to. Western and Atlantic Railroad, Bridges and Underpasses in Bartow County. APPROPRIATION FOR MILITARY DEPARTMENT. No. 37. A resolution to make an appropriation for the Military Department of the State, to supply a deficiency existing in said department. WHEREAS, There is a deficiency now existing in the Military Department of the State by reason of expenses incurred in discharging riot duty in the years 1912, 1913 and 1914, amounting to the total sum of $2,986.61; and Preamble. WHEREAS, The Military Department of the State is responsible to certain citizens for horses killed in the military service of the State, amounting to $515.50; therefore,

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Be it resolved, By the House of Representatives, the Senate concurring, that the sum of $3,502.11 be, and it is, hereby appropriated to the Military Department of the State to pay such shortage, and the Governor is hereby authorized to draw his warrant for said amount upon any fund in the treasury. $3,502.11 to military department for deficiency, etc. Approved August 17, 1914. APPROPRIATION FOR PENITENTIARY COMMITTEES. No. 22. A resolution appropriating money to pay the balance due the members of the Penitentiary Committees of the House of Representatives and Senate for per diem and expenses in visiting the convict camps of the State, and to pay the per diem and expenses of the House Committee on the Penitentiary for visiting the State Farm. WHEREAS, At the last session of the General Assembly the House and Senate Committees on the Penitentiary were authorized to visit the various convict camps of the State in vacation, and to receive therefor the usual per diem of members of the General Assembly for not more than six days, and expenses; and Preamble. WHEREAS, The House Committee on the Penitentiary was also authorized to visit the State Farm in vacation, and to receive therefor per diem for not exceeding two days, and expenses; and WHEREAS, Said visits were made, but through inadvertence the resolution appropriating money to pay for same was not considered in Committee of the Whole House, and the yeas and nays were not called thereupon, and the State

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Treasurer has therefore been advised by the Attorney-General not to pay out money by authority thereof; and WHEREAS, The general appropriation for committee work has been exhausted and a balance remains due the members of the House and Senate Committees on Penitentiary for per diem and expenses in said work; therefore, Be it resolved, By the House, the Senate concurring, that there is hereby appropriated from the treasury of the State, to become immediately available, a sufficient sum to pay said per diem and expenses, the same to be paid upon itemized statements rendered by the members of said committees and approved by the chairman thereof; and $3,000 to pay per diem and expenses. Be it further resolved, That the sum of $3,000.00, or so much thereof as may be necessary, is hereby appropriated for purposes mentioned in said resolution; and Be it further resolved, That all bills for per diem and expenses of any other members of committee or committees of the House or Senate shall be paid out of the appropriation of said resolution. Approved August 11, 1914. APPROPRIATION FOR PENITENTIARY DEPARTMENT. No. 45. WHEREAS, The appropriation of $80,000 for the years 1914 and 1915 for the support of the Penitentiary Department of the State of Georgia, on account of the increased number of inmates at the State Farm and Boys' Reformatory, as well as the high cost of supplies for same, is insufficient and there will be a deficit of $15,000 per year in said appropriation; therefore Preamble.

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Be it resolved, That an additional appropriation of $15,000 per year for each of the years 1914 and 1915 be made for the support of the Penitentiary Department, and the same shall be paid out by warrant of the Governor, as provided in Paragraph 4, Section 7, of the General Appropriation Act of 1913. $15,000 for each of two years for penitentiary department deficit. Approved August 17, 1914. APPROPRIATION FOR PENSION PAYMENTS. No. 31. WHEREAS, It appears from the report of the Commissioner of Pensions that there is a deficiency in the sum appropriated to pay the pensioners for 1914, of $43,000.00 and that this sum is necessary to complete the payment of the Pension rolls for 1914, Preamble. Be it resolved, therefore, That the sum of forty-three thousand dollars, or so much thereof as may be necessary, is hereby appropriated to complete the payment of the pensions due and unpaid for 1914. $43,000 to pension deficiency. Approved August 17, 1914. APPROPRIATION FOR SALARIES OF STATE BANK EXAMINER'S BOOKKEEPER AND STENOGRAPHER. No. 43. A resolution to increase the salary of the stenographer of the State Bank Examiner, and also to provide the salary for the bookkeeper of the State Bank Examiner.

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WHEREAS, The salary of the stenographer of the State Bank Examiner was, by Act approved August, 1914, increased from $1,800 per annum to $2,400 per annum, and Preamble WHEREAS, The salary of the bookkeeper of the State Bank Examiner was, by Act approved August, 1914, raised from $1,200 per annum to $2,400 per annum; therefore, Be it resolved, That the sum of $250, or so much thereof as may be necessary, be and the same is hereby appropriated to pay said increase for the balance of the year 1914, and the further sum of $600 be and the same is hereby appropriated to pay said increase in salary for said stenographer for the year 1915. Amounts of increases for 1914 and 1915. Be it further resolved, That the sum of $1,000, or so much thereof as may be necessary, be and the same is hereby appropriated to pay the increase in salary to the bookkeeper of the State Bank Examiner for the year 1914, and the further sum of $2,400 is hereby appropriated to pay said salary for the year 1915, as provided by law. Approved August 17, 1914. APPROPRIATION FOR SCHOOL BOOK INVESTIGATION COMMITTEE. No. 23. Resolved, By the House of Representatives, the Senate concurring, that the sum of two hundred ($200.00) dollars be, and the same is, hereby appropriated for the purpose of paying the following, to-wit.: the expense of printing the report of the actual expenses of those witnesses summoned from points from within this State, and for other expenses incurred in the work of the School Book Investigating Committee, said committee being approved by the

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House of Representatives, August the eighth, nineteen hundred and thirteen; and the Governor is hereby authorized to draw his warrant on the treasury of the State for said amount. $200 for printing and expenses of witnesses. Approved August 11, 1914. APPROPRIATION FOR SWIFT'S LITHIA WATER, AND OTHER MATTERS. No. 41. WHEREAS, The Senate and House of Representatives passed resolutions directing the Secretary of State to furnish both Houses of the General Assembly with Swift's lithia spring water; therefore, Preamble. Be it resolved, By the House of Representatives, the Senate consurring, that the Governor of Georgia be and he is hereby authorized to draw his warrant on the treasury in favor of said Swift's Lithia Spring Water Company for the sum of four hundred dollars, or so much thereof as may be necessary, to pay for said water, and that the said sum of four hundred dollars, or so much thereof as may be necessary is hereby appropriated for the payment of the same. Before the Governor shall draw his warrant, as above provided, the said water company shall present to him an itemized statement, showing the amount of water furnished the General Assembly, the same to be approved by the Secretary of State. And the Governor is hereby further authorized to draw his warrants on the treasury for the following amounts and purposes, to-wit.: In favor of John T. Boifeuillet, clerk of the House of Representatives, for the sum of seventy-five dollars, and in favor of C. S. Northen, secretary of Senate, for the sum of fifty dollars, to pay for preparing and mailing the pamphlets showing

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the status of the unfinished business of the session of 1913, as directed by resolution of the General Assembly. $400 for water supplied to General Assembly. $125 for pamphlets as to unfinished business. And to pay the Secretary of State thirty-three dollars for Bowden lithia water, furnished the Senate in 1914. $33 for Bowden lithia water. And for the sum of $176 to pay one assistant doorkeeper of the Senate that was appointed to serve during the illness of the dookeeper. $176 for assistant doorkeeper. APPROPRIATION FOR TAX REFUND TO NIX AND OTHERS. No. 36. WHEREAS, The tax collector of Fulton County has collected license taxes out of the persons hereinafter named charging them being peddlers, for the reason that they brought produce, butter, chickens and eggs to the city of Atlanta, and sold it from their wagons; and Preamble. WHEREAS, The Supreme Court of Georgia has rightly decided, in the case of Latham vs. Stewart, tax collector of Fulton County, that said parties were not liable for this tax, and the imposing of it was illegal and contrary to law; and WHEREAS, Nix Bros., C. P. Normen Co., Stewart Bros. have each been compelled to pay the tax of $50.00 each by said tax collector of Fulton County, 1912, and said tax extorted from them by arrest and levy upon their teams and property, all of which was illegal and contrary to law, as has been determined by the Supreme Court of this State; therefore, Be it resolved, By the House of Representatives, the Senate concurring, that his Excellency, the Governor, be and is hereby authorized to draw his warrant upon the treasury

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for the amount of taxes so illegally collected and extorted from said parties, and that the same shall be paid back to said parties by the Treasurer of this State, for which the necessary sum and amount is hereby appropriated. $50 tax refund to Nix, Normen and Stewart. Approved August 17, 1914. APPROPRIATION FOR TAX REFUND TO RAHN. No. 32. WHEREAS, During the year 1912, T. E. Zipperer, tax collector of Effingham County, Georgia, demanded and collected from Furnum P. Rahn the sum of fifty dollars as a State tax for peddling beef in said county for said year, and the said money was paid over to the State; and Preamble. WHEREAS, Said Furnum P. Rahn paid said money to said tax collector under protest, and when said tax collector demanded said tax from said Rahn for the year of 1913, the said Rahn sued out an injunction and restrained said collector from collecting said tax, which said injunction and restraining order was made permanent in the superior court of Effingham County; and WHEREAS, The courts have declared it illegal to collect peddlers' tax for selling chickens, eggs, butter, fresh meats, etc.; it is therefore, Resolved, By the House of Representatives, the Senate concurring, that the sum of fifty dollars be and is hereby appropriated to refund and repay to said Furnum P. Rahn said taxes collected from him under protest, and the Governor is hereby authorized to draw his warrant on the treasurer for paying the same. $50 to Furnum P. Rahn. Approved August 17, 1914.

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CODE REVISION, IN RELATION TO. No. 21. A joint resolution in relation to the revised and annotated Code of Georgia, compiled under the direction of Orville A. Park, Esq. WHEREAS, The Code of 1910 was published without annotations from decisions of the Supreme Court and the Court of Appeals; and Preamble. WHEREAS, A number of important statutes were omitted from said Code, many of which have since been held to be still of force by the Supreme Court; and WHEREAS, Since the preparation of said Code there have been many and important changes in the laws of this State, so that it is difficult to readily ascertain the present state of the law on many subjects; and WHEREAS, There has been compiled under the direction of Orville A. Park, Esq., of the Macon bar, a complete revision of the Code of 1910, with the Acts of the Legislature passed since the compilation, which said Revised Code has been completely annotated from the decisions of the Supreme Court of Georgia, the Court of Appeals, and the United States Courts; and WHEREAS, Such work will greatly facilitate the proper interpretation and application of the law by the courts and the officers of the State, Be it therefore resolved, By the General Assembly of Georgia, That a committee consisting of two members of the Senate and three members of the House, be appointed, who, with the Attorney-General, shall be authorized and directed to examine the manuscript of the said revised and annotated Code and to report to the present session of the General Assembly as to the merits of the work and as to the propriety of its use by the courts and officers of this State. Joint committee to examine and report. Approved July 29, 1914.

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CODE REVISION, PARK'S WORK APPROVED. No. 40. WHEREAS, Since the compilation of the Code of 1910, there have been many and important changes in the laws of the State; and Preamble. WHEREAS, A number of important statutes were omitted from said Code, which are still of force; and WHEREAS, Said Code was published without annotations from decisions of the courts; and WHEREAS, A revised and annotated Code, compiled under the direction of Orville A. Park, Esquire, has been examined by the Attorney General and a joint committee from the Senate and House, under authority of a resolution of the General Assembly, and has been reported upon favorably by them; and WHEREAS, The use of this Code will aid materially in the construction and application of the law; Be it therefore resolved, By the General Assembly of Georgia that said Orville A. Park be, and he is, hereby authorized to publish said revised and annotated Code of Georgia, including therein all laws of a general nature enacted at the present session of the General Assembly, said publication to be made as soon as possible after the adjournment of the present session. Publication authorized. Be it further resolved, That the compilation and publication of said revised and annotated Code, in the form and upon the plan submitted to the said Attorney-General and joint committee, be approved; and the use of said work be commended to the courts and officers of the State and to the public. Work commended. Approved August 17, 1914.

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CO-OPERATIVE AGRICULTURAL EXTENSION WORK, ASSENT TO. No. 27. A resolution giving assent of the State of Georgia to an Act of Congress of the United States providing for cooperative agricultural extension work, approved 8th day of May, 1914. WHEREAS, The Congress of the United States has passed an Act, approved by the President May 8th, 1914, entitled an Act to provide for co-operative agricultural extension work between the United States Department of Agriculture and the Agricultural Colleges of the several States receiving and which may hereafter receive the benefits of an Act of Congress of the United States, approved July 2d, 1862, to encourage the States to provide colleges for the benefit of agriculture and the mechanic arts, and of Acts supplementary thereto; Preamble. WHEREAS, It is provided in Section 3 of the Act aforesaid that the grants of money authorized by this Act should be paid in semi-annual payments to each of the several States, which by action of its Legislature, shall assent to provisions of this Act; Therefore be it resolved, By the General Assembly of Georgia, the Senate concurring, that the action of his excellency, the Governor, is endorsed, and that the assent of the General Assembly of Georgia be, and is, hereby given to the provisions and requirements of said Act and the trustees of the University of Georgia, for the use of the State College of Agriculture be, and they are, hereby authorized and empowered to receive the grants of money appropriated under said Act, to organize and conduct agricultural extension work, which shall be carried on in connection with the terms and conditions expressed in the Act of Congress aforesaid, and approved by the President May 8, 1914. Governor's action endorsed. Trustees of University authorized. Approved August 14, 1914.

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COTTON TARE AND BALE STANDARDIZATION. No. 26. WHEREAS, Under a resolution of the last General Assembly, approved August 5th, 1912, a committee was appointed, consisting of Senators Cromartie and Hamilton, and Representatives Johnson, Lord and Kimbrough, to take such steps as may be advisable to secure the needful legislation on cotton tare and the standardization and general improvement of the cotton bale, etc., and Preamble. WHEREAS, Said committee did perform duties assigned them as far as practicable, but a majority of them are no longer members of the General Assembly; Therefore, be it resolved, By the House, the Senate concurring, that a new committee, consisting of two from the Senate and three from the House, who, with the Commissioner of Agriculture, shall continue to carry on the work, and is hereby authorized to take promptly all necessary steps to secure the desired end, and that a copy of the report of the original committee be turned over to the new committee for their information, assistance and disposition. New committee authorized. Approved August 14, 1914. COVINGTON AND OXFORD STREET RAILWAY COMPANY, REFUND OF PAYMENT BY. No. 39. WHEREAS, On January 15, 1908, the Covington and Oxford Street Railway Company, and duly incorporated under the laws of this State, under a charter granted in February, 1888, for a period of fifty years, under the impression

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that charter had been granted for only a term of twenty years, did make application to the Secretary of State for a renewal of its charter, and Preamble. WHEREAS, Not until said renewal of charter had been granted and the fee of one hundred dollars had been paid, was the error discovered; and WHEREAS, Said renewal conferred no additional privileges or powers upon said street railway company; and WHEREAS, The original charter of said company has never been surrendered to the State and is, in fact, effective until February 14, 1938, as shown by the records in the office of the Secretary of State; and WHEREAS, Under the laws of this State, the Secretary of State, after having paid the aforesaid fee into the State treasury, has no authority to refund same to the aforesaid company, unless authorized to do so by a resolution of the General Assembly of this State; Therefore, be it resolved, By the General Assembly of the State of Georgia, That the State Treasurer is hereby authorized to refund to the Covington and Oxford Street Railway Company the aforesaid fee of one hundred dollars, and the same is hereby authorized to be paid from any funds in the State treasury not otherwise appropriated. Treasurer authorized to refund payment. Approved August 17, 1914. GEORGIA SCHOOL OF TECHNOLOGY, RELIEF OF. No. 28. A resolution for the relief of the Georgia School of Technology. WHEREAS, There is being raised by public subscription the sum of $100,000 for the purpose of enabling the authorities

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of the Georgia School of Technology to provide a building for a power plant on the campus of said school; and Preamble. WHEREAS, A portion of said sum has been subscribed to the amount of $80,000.00, and it is believed the remainder will be secured within a short time; and WHEREAS, Certain donations of machinery and material have been made to said school, conditioned upon providing a building to house the same, and said building for said purpose is estimated to cost the said sum of $100,000; and WHEREAS, There is now in the hands of the local trustees available property or assets, amounting to the sum of $35,000, which was derived from the donation made in the will of Julius L. Brown, deceased, and which by said will is set aside for specific purposes described in said will; and WHEREAS, It is feared that before the subscription shall be completed the donation aforesaid may lapse and be lost to the said school under the terms proposed; Now, therefore, be it resolved, By the House of Representatives, the Senate concurring, that the local board of trustees be and are hereby authorized to borrow from said Julius L. Brown fund the said sum of $35,000, or so much thereof as may be necessary, to be used and applied to the construction of said building; provided, however, that the assent of the executor of the J. L. Brown estate, to-wit., Mr. Joseph M. Brown, be first obtained, to be filed in writing with said board; and provided further, that the said local board of trustees pass a resolution binding the said local board to return to the said Julius L. Brown fund the amount so borrowed as soon as any funds of the school are available therefor and provided further, that the State of Georgia does not in any way become responsible for the refund of the $35,000 borrowed from the said Julius L. Brown fund. Borrowing authorized. Proviso. Approved August 14, 1914.

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GREAT SEAL OF STATE, NEW IN PLACE OF OLD. No. 33. WHEREAS, The great seal of the State, in the custody of the Secretary of State, has become so worn by time and use that it will no longer make a clear, or even legible, impression, and it has become necessary that a new seal shall be provided; therefore, Preamble. Be it resolved, By the House of Representatives of Georgia, the Senate concurring, that the Governor and the Secretary of State are hereby authorized, empowered and directed to cause a new great seal of the State to be made, either of silver, or of some harder and more durable metal or composition of metals, the new seal to be in all respects a facsimile of the old one, except that the date appearing thereon shall be 1776, commemorative of the year of the Declaration of American Independence, instead of 1799, as appears on the present seal. New great seal to be made. Be it further resolved, That when the new great seal herein provided for shall be completed and received by the Secretary of State, it shall be used in place of the present great seal in all cases where the use of the great seal of the State is required; and it shall be the duty of the Governor and the Secretary of State to see to it that the present great seal is destroyed. To be used in place of old one. Old seal to be destroyed. Be it further resolved, That all laws and parts of laws in conflict with this joint resolution, or any part hereof, be and the same are hereby repealed. Approved August 17, 1914.

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LAND TITLE REGISTRATION COMMISSION. No. 25. Resolved, By the Senate of Georgia, the House concurring, that a commission be constituted, to consist of three members, each to be a citizen of this State, skilled in the knowledge of the law, to be appointed by the Governor, the President of the Senate, and the Speaker of the House of Representatives, acting jointly, the duty of which commission shall be to investigate, consider and report to the next session of the General Assembly of this State the means whereby a more efficient and expedient method for the registration of land titles in this State may be adopted, together with their recommendations in the premises. Commission to investigate and report. Resolved, further, That when said work shall have been done by said commissioners, the Governor of this State, acting jointly with the Attorney-General, shall, after such investigation as they desire to make, recommend to the next General Assembly what, in their judgment, would be just compensation for such work, which next General Assembly may then act in the premises. Compensation to be recommended. Approved August 14, 1914. PORTRAIT OF GOVERNOR SLATON REQUESTED. No. 30. Be it resolved, By the House of Representatives, the Senate concurring, that his excellency, Governor J. M. Slaton, be and is hereby requested to hang upon the walls of the executive office his portrait before he retires from the office of chief executive of Georgia. For executive office. Approved August 14, 1914.

Page 1249

RELIEF OF SURETIES M. J. DOLAN AND J. W. SEALS. No. 35. A resolution for the relief of M. J. Dolan and J. W. Seals, both of Ware County, Georgia. WHEREAS, M. J. Dolan and J. W. Seals, both of the county of Ware, did on the 26th day of January, 1911, sign an appearance bond for Joe Johnson, to appear on the second Monday in March, 1911, in the city court of Waycross, to answer to the offense of a misdemeanor (selling whiskey); and Preamble. WHEREAS, Said bond was forfeited at the December term of said court, and execution issued upon said forfeiture for the principal sum of two hundred ($200.00) dollars and costs; and WHEREAS, Said Joe Johnson was produced into court by his bondsmen, stood his trial, was convicted and has completed his sentence at the Prison Farm; Now, therefore, be it resolved, By the House, the Senate concurring, that the above named securities be relieved from further obligations upon said bond, and the clerk of the superior court of Ware County, or the clerk of the city court of Waycross, in said county of Ware, is hereby ordered to cancel the execution issued upon the bond aforesaid, upon the payment of the costs of forfeiture. Bond obligation and execution cancelled on payment of costs. Approved August 17, 1914. RELIEF OF SURETY R. L. GRAHAM. No. 42. Be it Resolved, By the House of Representatives, the Senate concurring, that

Page 1250

WHEREAS, J. O. Fryer was indicted for the offense at the September Term, 1909, of Talbot superior court of keeping whiskey in his place of business for the purpose of illegal sale, and Preamble. WHEREAS, Said indictment alleged that the place of business was the mercantile store of R. C. and J. O. Fryer, the offense being committed in the county of Talbot. WHEREAS, J.O. Fryer, entered in the recognizance of one-hundred dollars, in the above stated case, and was signed by R. L. Graham security, and WHEREAS, Said bond was forfeited at the September term, 1909, of Talbot superior court, WHEREAS, At the March term, 1910, of Talbot superior court, J. O. Fryer, surrendered to the Sheriff of Talbot County, and paid all the costs of forfeiture up to that time, WHEREAS, At the October term, 1910, of Talbot superior Court, the said bond was again forfeited, and to said forfeiture R. L. Graham filed his defense, insisting that by reason of the fact that J. O. Fryer surrendered to the sheriff at the March term, 1910, of Talbot superior court, he was relieved from all liability on the bond, the fact of his being surrendered was disputed by the sheriff, but it was admitted by the sheriff and solicitor of the circuit that the cost of forfeiture had been paid. WHEREAS, At the March term, 1913, of Talbot superior court the forfeiture of said bond was made absolute against said security, and WHEREAS, At the said term of said court, the indictment was by the solicitor of said court nolle prossed and the case against J. O. Fryer, dismissed, Therefore, It is resolved by the House of Representatives, the Senate concurring, That R. L. Graham be, and he is, hereby relieved as security on said bond of said J. O. Fryer, and the clerk of the superior court of Talbot County, is hereby commanded to cancel the judgment rendered in

Page 1251

said suit on said bond, upon the payment of the forfeiture cost and in addition thereto the sum of twenty-five per cent of the principal, as attorney fees to the solicitor-general. Relief from forfeiture on payment of cost and fee. Approved August 17, 1914. RELIEF OF SURETY L. L. SIMMONS. No. 34. WHEREAS, L. L. Simmons, of the county of Tift, did on the twenty-eighth day of December, 1912, become bail for the appearance at the February term, 1913, of the city court of Tifton, of one Wylie Matthews, charged with a misdemeanor, which said bond was forfeited by reason of the non-appearance of said Wylie Matthews, at said term of said court, and Preamble. WHEREAS, A rule absolute was duly issued on said bond and final judgment rendered against said Wylie Matthews, as principal and said L. L. Simmons, as surety, for the sum of $200.00, besides costs of court, at the regular August term, 1913, of said court, and WHEREAS, Said L. L. Simmons, at his own expense, apprehended said Wylie Matthews and delivered him to the sheriff of said city court of Tifton, and said Matthews was duly tried at the November term, 1913, and finally acquitted on the verdict of a jury in said court, Therefore, 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, has been fully accomplished, said L. L. Simmons, surety as aforesaid be, and he is, hereby relieved from any and all liability on said bond, and the judgment and the execution based thereon are hereby declared to be null and void and of no

Page 1252

force and effect, upon payment by said L. L. Simmons of all costs of court, if any be due. Relief from liability on payment of cost. Approved August 17, 1914. RELIEF OF SURETY J. L. WOOTEN. No. 44. Be it resolved by the House of Representatives, the Senate concurring, that WHEREAS, Norah Martin was charged and accused, in a State warrant, with the offense of murder, and upon being given a committal trial, committed to the superior court of Sumter County for the offense of voluntary manslaughter, bail being thereby allowed the said Martin, in the sum of five hundred dollars ($500.00), and Preamble. WHEREAS, The said Martin entered into a recognizance for his appearance at the next term thereafter of said superior court in the sum of five hundred dollars, and that J. L. Wooten signed said bond as security, and WHEREAS, Said bond was forfeited at the November term, 1911, of said superior court of Sumter County, and that rule absolute and final judgment were taken on said bond at the November term, 1912, of said court, and WHEREAS, After said rule absolute and judgment as aforesaid were rendered, the said J. L. Wooten having offered a reward for said Martin, the said Martin was rearrested and has been surrendered to the sheriff of said county of Sumter and has been tried in Sumter superior court of said county, and convicted, and is now in the custody of the State of Georgia; therefore, Be it resolved, That the sheriff of Sumter County and the clerk of the superior court of Sumter County be, and they, are now directed to surrender up and cancel the judgment

Page 1253

and execution issued upon the said bond forfeiture, upon the payment by the said J. L. Wooten of all costs of court accruing by reason of said forfeiture. Execution cancelled on payment of cost. Approved August 17, 1914. REWARD TO W. T. JONES, FOR PAYMENT OF. No. 38. WHEREAS, Andrew McCullough, who was convicted of voluntary manslaughter in Spalding superior court, at the August term, 1911, and was sentenced to serve eighteen (18) years in the penitentiary and under the said sentence was confined in the chaingang of Morgan County, and escaped therefrom on May 25, 1912, and while a fugitive from justice a reward of $100.00 was authorized to be offered for the arrest of the said Andrew McCullough and return to the penitentiary because of the desperate character of said McCullough, making it hazardous to arrest him, and Preamble. WHEREAS, The information of this reward was conveyed to W. T. Jones, a citizen of Spalding County, Ga., by T. E. Patterson, one of the prison commissioners of Georgia, and WHEREAS, Through an inadvertence the proclamation was not issued, and WHEREAS, The said W. T. Jones, acting under the impression that he would receive the said reward of $100.00, effected the capture of the said Andrew McCullough, on August 3d, 1912, and returned him to the penitentiary of said State, and WHEREAS, On account of the inadvertence of not having issued proclamation, the Governor was unable to pay said reward; therefore,

Page 1254

Be it resolved, That the Governor be, and he is, hereby authorized to pay to the said W. T. Jones, the sum of $100 as a reward for the capture of said escaped convict. $100 reward for capture of escaped convict. Approved August 17, 1914. UNFINISHED BUSINESS, RELATIVE TO. No. 29. A resolution relative to unfinished business of the General Assembly. Resolved, By the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be, and the same are, hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of fixing their official signatures to all bills and resolutions passed previous to said adjournment and that they be allowed their per diem for said time. Authority to remain at Capitol five days after adjournment. Resolved, That the chairman respectively of the Enrolling and Auditing Committees of the House and Senate, together with the members of the Senate Enrollment Committee, and eight members of the House Enrollment Committee, to be designated by the chairman, respectively, thereof, and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairman respectively thereof, and the chairman of the House Engrossing Committee and four members of the House Engrossing Committee, to be designated by the chairman thereof be, and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of

Page 1255

bringing up the unfinished business of the session and that they be allowed their per diem for said time: Resolved, further, That the Postmistress of the House be, and she is, hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members mail and that she be allowed her per diem for said time. Resolved, further, That three porters of the House and two porters of the Senate be, and they are, hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly and that they be allowed their per diem for said time. Approved August 14, 1914. WESTERN AND ATLANTIC RAILROAD, BRIDGES AND UNDERPASSES IN BARTOW COUNTY. No. 24. A resolution to provide for the building of certain brides and underpasses over the W. A. Railroad by the Commissioners of roads and Revenues of Bartow County. WHEREAS, The Board of Commissioners of Roads and Revenues in and for the County of Bartow, is desirous of building certain bridges and constructing certain underpasses over and under the Western Atlantic Railroad in the county of Bartow, to-wit.: 1. To construct a bridge over said railroad just north of the town of Kingston, and near the city limits of said town, and at a point known at present as the Eddy Crossing, being the point where the public road now crosses said railroad; 2. To erect a bridge or construct

Page 1256

an underpass, as said board of commissioners may elect, at Atco, about one mile north of Cartersville, and being the point where the public road now crosses said railroad; 3. To construct a bridge or underpass, as said commissioners may elect, at Puckett's Crossing, about one mile south of Cartersville, where said public road now crosses said railroad; 4. To construct a bridge at the crossing where the Cartersville and Acworth public road crosses said railroad, between the stations of Emerson and Alatooma, and also to change the public road crossing so that the same may be located about fifty yards south of the present crossing. All of said road crossings being in said county of Bartow, and the bridges to be built and the changes to be made in the public road, and the underpasses constructed, being desired, so as to abolish the grade crossings as they are at present. Preamble. Therefore, 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 build the aforesaid bridges as set out, or to construct said underpasses, as the case may be, at the aforesaid points where said road crosses said railroad, and also to change the location of the public road as above set out, and to construct said bridges or underpasses for the purpose set out, all being in said county of Bartow. Permission to Bartow County commissioners to build bridges and underpasses. 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 Atlantic Railroad Company to use dirt and stone from the right of way of said railroad for the purpose of constructing abutments and fills necessary to the erection of said bridges over said railroad or said underpasses, 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. Railroad operation not to be interfered with. Be it further resolved, That before erecting of said bridges or constructing said underpasses, said board of commissioners of roads and revenues shall submit to the chief engineer of said Western Atlantic Railroad Company

Page 1257

the plans for said bridges or underpasses for his approval, and said bridges or underpasses shall be constructed in the way indicated by said engineer and without expense to the lessee company. Chief engineer of W. A. Railroad to approve plans. Approved August 12, 1914.

Page 1259

TREASURER'S REPORT

Page 1260

Report of W. J. Speer, Treasurer, Showing Receipts and Disbursements at the State Treasury for Year Ending December 31, 1913. RECEIPTS. Dr. Dr. 1913 1912 To Balance in the Treasury 1,113,517,31 727,076.00 To Abstract Companies' Tax 54.00 45.00 To Attorneys' Fees Supreme Court ..... 20.00 To Adding Machine Companies 270.00 90.00 To Agencies 1,260.00 1,080.00 To Artists 1,953.00 1,980.23 To Auctioneers 909.00 742.50 To Automobile Agents 11,127.96 11,565.00 To Back Taxes 3,485.27 17,501.88 To Ball and Other Parks 181.91 112.50 To Bicycles 1,165.50 1,107.00 To Billiards and Pool 44,626.41 44,226.64 To Bottlers 5,425.29 4,207.50 To Building and Loan Fees 10.00 ..... To Cash Registers 180.00 540.00 To Cigarette Dealers 33,685.81 29,050.38 To Clerks' Cost Court of Appeals 562,50 287.50 To Clerks' Cost Supreme Court 486.25 1,047.50 To Cold Storage Tax 5,499.00 6,426.00 To Corporation Tax (ad valorem) 69,558.22 47,336.13 To Cost on Fi Fas 5.50 .50 To Detective Agents 90.00 18.00 To Fines and Forfeitures ..... 500.00 To Directory Tax 45.00 ..... To Dividends on Stocks 2,782.00 2,782.00 To Dog Tax 64,074.99 92,598.52 To Electric Shows 8,988.75 7,591.50 To Express Companies' Tax 5,048.75 6,096.03 To Fees From Fertilizers 120,965.91 70,722.13 To Fees from Pure Food 27,137.62 16,697.29 To Games 1,228.50 1,251.00 To Game Protection Fund 38,362.98 8,500.00 To General Tax 3,716,862.33 3,302,490.20 To Insolvent General Tax 4,812.76 1,039.85 To Insolvent Poll Tax 200.21 223.80 To Insolvent Dog Tax 20.71 16.88 To Insurance Agents 17,752.50 15,997.50 To Insurance Fees 44,092.38 33,503.20 To Insurance Tax by Companies 182,057.94 165,374.42 To Interest from Depositories 8,659.07 9,352.71 To Investment Companies 150.00 200.00 To Lease Indian Springs 110.00 110.00 To License Fees, Near Beer 247,410.00 243,540.00 To Lightning Rods 450.00 90.00 To Loan Agents 639.00 324.00 To Locker Tax 31,207.50 37,980.00 To Manufacturers Soft Drinks 2,713.98 2,388.22 To Money Refunded 2,539.70 147.64 To Mowing Machine Agents 250.00 130.00 To Northeastern Railroad 3.745.00 3,745.00 To Occupation Tax (Capital) 53,182.96 46,665.32 To Office Fees 10,655.04 19,258.18 To Oil Fees 93,121.12 34,179.39 To Palmists 652.50 378.00 To Pawnbrokers 10,192.50 10,057.50 To Peddlers 14,482.75 16,605.00 To Pensions Refunded 18,085.80 23,454.10 To Pistols 9,382.50 7,717.50 To Poll Tax 347,319.43 296,231.78 To Railroad Tax 550,095.39 548,882.51 To Railroad News Companies 540.00 540.00 To Real Estate Agents 4,446.00 3,222.00 To Rental Public Property ..... ..... To Rental W. A. Railroad 420,012.00 420,012.00 To Rinks 121.50 94.00 To Sale of Acts 897.21 823.96 To Sale Codes 922.20 1,059.60 To Sale of Journals ..... 14.50 To Sale of Records 56.25 197.20

Page 1261

To Sale of Court of Appeal Reports 3,846.88 3,479.61 To Sale of Supreme Court Reports 11,785.56 11,457.35 To Sale of Public Property ..... ..... To Sale of School Lands ..... ..... To Sewing-Machine Agents 2,758.00 2,797.00 To Sewing-Machine Companies 1,280.00 1,500.00 To Show Tax 8,990.75 11,195.50 To Sleeping Car Companies ..... 3,839.95 To Slot Machines 985.50 1,541.25 To Soda Fount Tax 6,777.84 6,033.03 To Specialists 207.00 99.00 To Street Railroad Tax 87,485.12 82,872.50 To Telegraph Tax 7,280.00 6,312.85 To Telephone Companies, Tax 36,224.15 34,142.32 To Temporary Loan 475,000.00 200,000.00 To Traders 45.00 211.50 To Typewriter Agents 540.00 495.00 To Weighing Scales 144.00 121.50 To Wild Lands Sale 5.46 109.20 To Sale of Crops 16,775.02 28,678.73 To Sale of Rubbish ..... 54.36 Total Receipts 6,907,138.54 6,014,109.90 Aggregate, Including Balance 8,020,655.85 6,741,185.90

Page 1262

DISBURSEMENTS. Cr.1913 Cr.1912 By Academy for Blind $ 44,700.00 $ 30,000.00 By Agricultural Schools 110,000.00 110,000.00 By Binding Codes 793.85 305.15 By Binding Journals 550.00 550.00 By Board of Health 30,000.00 31,000.00 By Civil Establishment 237,984.07 230,817.66 By Clerks' Cost Court of Appeals 1,025.00 _____ By College for Colored 8,660.00 7,340.00 By Compiler of Records 2,895.70 _____ By Contingent Fund 17,810.34 16,544.79 By Contingent Fund Railroad Commission 3,000.00 3,000.00 By Contingent Fund Court of Appeals 155.70 1,386.42 By Contingent Fund Supreme Court 1,295.20 896.91 By Department of Agriculture 65,849.50 42,232.15 By Georgia Experiment Station 1,092.69 711.97 By Geological Fund 9,600.00 9,370.83 By Georgia Normal and Industrial College 61,452.50 44,844.30 By Georgia Normal and Industrial College, Special _____ _____ By Horticultural Fund 33,000.00 23,104.00 By Incidental Expense General Assembly 60.42 69.43 By Indexing House and Senate Journals 150.00 150.00 By Indian Springs Public Comfort House 110.00 110.00 By Inspections of Oils 1,260.27 1,469.57 By Insurance Public Buildings, Etc 1,010.00 37,138.54 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 66,664.92 75,992.95 By Library Fund 3,303.01 2,881.18 By Library Fund, Court of Appeals 351.31 1,839.06 By Military Fund 42,500.00 27,500.00 By North Georgia College (Dahlonega) 35,770.00 19,730.00 By Overpayment Taxes Refunded 11,802.39 11,401.91 By Pension Fund 1,189,075.40 1,215,940.00 By Pension Fund, Special Appropriation _____ _____ By Prison Fund 91,666.58 84,999.93 By Printing Fund 39,879.40 47,383.69 By Printing Fund Geological Department 2,500.00 4,470.76 By Printing Fund Railroad Commission 1,550.27 1,985.14 By Public Buildings and Grounds 37,900.00 37,886.58 By Publishing Ga. Records (Colonial Confederate) 690.00 2,706.64 By Publishing Georgia Reports 14,444.23 9,872.38 By Public Debt 381,456.00 382,785.00 By Rate Expert Fund 4,053.54 4,112.48 By Reprinting Georgia Reports, Old _____ _____ By Reward Fund 1,350.00 2,400.00 By Roster Fund 3,640.49 3,242.83 By School for the Deaf 66,441.02 39,681.34 By School Fund 2,926,454.88 2,123,096.15 By School Technology 91,250.00 68,750.00 By School of Technology, Special Appropriation _____ _____ By Soldiers' Home 30,000.00 35,000.00 By Solicitors Generals' Fees 6,595.00 7,150.00 By Special Appropriations, Miscellaneous 16,500.03 21,216.09 By Special Appropriations, First Dist. Agr. School 5,500.00 2,000.00 By Special Appropriations, Third Dist. Agr. School 4,000.00 2,000.00 By Special Appropriations, W. A. R. R. Com 351.62 _____ By State Normal School 53,550.00 38,500.00 By State Sanitarium 530,000.00 530,000.00 By State University, Support Fund 64,872.50 56,125.00 By State University for Agricultural College 111,300.00 94,700.00 State University for Farmers' Institute 2,500.00 2,500.00 By State University for Summer School 5,000.00 5,000.00 By Stationery, General Assembly 644.41 1,136.61 By Tuberculosis Sanitarium 26,246.46 19,753.54 By Temporary Loan Refunded 681,962.45 _____ By Department Com. Labor 6,024.13 4,063.54 By Game Protection Fund 18,428.35 7,416.88 By Inspection of Fertilizers 36,247.33 1,842.85 By Insurance Fund Salaries 4,795.00 750.20 By Agr. Ind. Normal College 25,000.00 30,000.00 By Johnson Monument Fund _____ 2,500.00 Total Disbursements 7,281,030.10 5,027,008.59 Total Balance in the State Treasury, Dee. 31 739,025.75 1,113,517.31 Aggregate 8,020,055.85 6,741,185.90

Page 1263

Supreme Court of Georgia HON. WILLIAM H. FISH Chief Justice. HON. BEVERLY D. EVANS Presiding Justice. HON. JOSEPH HENRY LUMPKIN Associate Justice. HON. MARCUS W. BECK Associate Justice. HON. SAMUEL' C. ATKINSON Associate Justice. HON. 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. RICHARD B. RUSSELL Chief Judge. HON. PEYTON L. WADE Judge. HON. NASH R. BROYLES Judge. (JUDGE BROYLES will succeed HON. L. S. ROAN, January 1, 1915.) GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1264

Superior Court Calendar for 1915 ALBANY CIRCUIT. HON. E. EUGENE COX, Camilla, 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. DourghertyFourth 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; HON. B. H. HILL, 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; W. F. SLATER, Eldora, 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. JenkinsSecond Mondays in March and September. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, March May, July, September and November.

Page 1265

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. J. P. HIGHSMITH, Baxley, Judge; J. H. THOMAS, Jesup, Solicitor-General. (Until January 1, 1915, HON C. B. CONYERS, Judge; Brunswick.) 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 March and September. 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; JOSEPH M. LANG, Calhoun, Solicitor-General. (Until January 1, 1915, SAM P. MADDOX, Dalton, 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 1266

CORDELE CIRCUIT. HON. WALTER 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 February, May, August and November. IrwinThird and Fourth Mondays in April and October. WilcoxThird Mondays in March, June, September and December. COWETA CIRCUIT. HON. R. W. FREEMAN, Newman, 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. J. L. KENT, Wrightsville, Judge; E. L. STEPHENS, Wrightsville, Solicitor-General. (Until January 1, 1915, HON. W. W. LARSEN, Judge, Dublin.) JohnsonThird Mondays in March and September. 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 1267

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. R. N. HARDEMAN, Louisville, Judge; R. LEE MOORE, Statesboro, Solicitor-General. (Until January 1, 1915, HON. B. T. RAWLINGS, Judge, Sandersville.) BullochFourth Mondays in April and October. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. 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 first Monday in August. HabershamFirst Monday in March and second Monday in August. HallThird Mondays in January and July. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. 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; THOMAS J. BROWN, Elberton Solicitor-General. ElbertSecond Mondays in March and September. FranklinFourth Mondays in March and September. HartFourth Mondays in February and August. MadisonFirst Mondays in March and September, second Monday in January and fourth Monday in July. OglethorpeThird Mondays in March and September.

Page 1268

OCMULGEE CIRCUIT. HON. JAMES B. PARK, Greensboro, Judge; JOSEPH E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneFourth Mondays in January and 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. BleckleySecond Monday in January and first Monday in July. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May August and November. PulaskiSecond Mondays in March, June, September and December. TelfairThird Mondays in April and October. WheelerFirst Mondays in March and September. 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. TerrellThird Mondays in May and November. ROME CIRCUIT. HON. MOSES WRIGHT, Rome, Judge; W. H. ENNIS, Rome, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February, May, August, and November.

Page 1269

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. C. S. REID, Palmetto, Judge; GEORGE M. NAPIER, Decatur, 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 (until January 1, 1915); J. R. HUTCHESON, Douglasville, Solicitor-General. HON. A. L. BARTLET of Dallas, Judge-1915. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Mondays in May, August and November. PolkFourth Mondays in February and August.

Page 1270

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 February, May, August and November. WAYCROSS CIRCUIT. HON. J. I. SUMMERALL, Blackshear, Judge; M. D. DICKERSON, Douglas, Solicitor-General (Until January 1, 1915, HON. J. W. QUINCY, Douglas, Judge.) 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 1271

INDEX A ADRIAN, TOWN OF Charter amended 359 AGRICULTURAL COLLEGE IN SOUTH GEORGIA Appropriation for fire insurance premiums 11 To be known as South Georgia State Normal College 155 AGRICULTURAL DEPARTMENT Appropriations of money for 12 ; 13 , 14 AGRICULTURAL EXTENSION WORK Assent to Act of Congress providing for 1243 ALBANY City court solicitor's salary increased 177 ALMA Site of new county of Bacon 25 AMENDMENTS TO CODE (SEE CODE AMENDMENTS). AMENDMENTS TO CONSTITUTION (SEE CONSTITUTION). APPROPRIATIONS Agricultural Department, chemical department 13 Agricultural Department, experiment station 12 Agricultural Department, maintenance, etc 12 Agricultural Department, nitrate setting bacteria 14 Agricultural Industrial and Normal College 11 Cattle tick, for eradication of 20 Chemical Department, additional sum 13 Commerce and Labor Department, expenses, etc. 17 Confederate Soldiers' Home, additional sums 16

Page 1272

Cotton boll weevil, for eradication of 19 Doorkeeper of Senate, pay for assistant 1238 , 1239 Entomology, Board of 19 Experiment station buildings 13 Fire insurance, State school buildings 10 , 11 Hog cholera investigation, serum, etc. 21 Legislative reference department in library 137 Military Department deficiency 1233 Normal and Industrial College, Milledgeville 9 Normal College in South Georgia 11 Normal School at Athens 7 , 10 Penitentiary Committee, per diem and expenses 1234 Penitentiary Department deficit 1235 Pension payments deficiency 1236 Repairs of State Normal School 7 , 8 Reports of Supreme Court and Court of Appeals 15 Salaries of State Bank Examiner's bookkeeper and stenographer 1236 School Book Investigation Committee 1237 State Library, legislative reference department 137 State Sanitarium, additional amounts 19 Swift's lithia water, and sundry matters 1238 Tax refund to Nix and others 1239 Tax refund to Rahn 1240 Technology, School of 9 Tuberculosis Sanitarium, additional sums 16 Unfinished business, for pamphlets relating to 1238 University of Georgia, several amounts 7 , 9 , 10 ARAGON, CITY OF Incorporated 371 ASSESSMENT (SEE DAMAGES). ATHENS, CITY OF Charter amend; election of officers 382 Charter amended; slaughter houses, etc. 384 New charter; changing form of government, etc. 385 ATLANTA, CITY OF Charter amended 413 , 415 , 417

Page 1273

Municipal Court Act amended 178 State depository, appointment of fifth 49 Territorial limits extended 413 , 415 ATTAPULGUS, TOWN OF Incorporated 421 ATTORNEY GENERAL Action by, against fraternal benefit society 118 , 119 AUGUSTA, CITY OF Condemnation of real property by city council 427 Floods and freshets, protection against 427 (See O'Dowd v. Augusta, 141 Ga., 748.) AUTOMOBILES Tax on; manner of distribution among counties 152 B BACON COUNTY Act creating 23 BAILIFFS OF CITY COURTS Salaries of, in cities of 150,000 population 70 BAILIFFS, SPECIAL Compensation, increase of 60 BAINBRIDGE, CITY OF Hospital, authority to establish 428 Sidewalks, powers as to 429 BANK BUREAU Amendment of Act of 1907 creating 71 BANK EXAMINATIONS Fees for 71 BANK EXAMINERS Amendment of Act of 1907 as to salaries, etc. 71 BANK EXAMINER, STATE Bookkeeper's and stenographer's salaries 74

Page 1274

BARBERS Regulation of occupation, licensing, etc. 75 BARROW COUNTY Act creating 27 BARTOW COUNTY Bridges and underpasses over W. A. Railroad 1255 BARTOW, TOWN OF New charter 430 BARWICK, TOWN OF Charter amended; election for bonds 451 BAXLEY City court, juries and trials in 183 BENEFIT SOCIETIES Control and regulation of 99 BEN HILL COUNTY Commissioners of, created 232 Commissioners, repeal of former Acts relating to 230 BIBB COUNTY Bonds, authority of county commissioners to issue 239 BIRTHS AND DEATHS Registration and tabulation of, provided for 157 BLACKSHEAR, CITY OF Charter amended 453 City Court Act amended 185 BLAIRSVILLE, TOWN OF State depository in 50 BLUE RIDGE, CITY OF Charter amended 460 BOARD OF BARBER EXAMINERS Established; duties prescribed, etc. 75 BOARD OF ENTOMOLOGY Cotton boll weevil, money for eradication of 19

Page 1275

BOARD OF HEALTH County and State boards; membership, duties, etc. 125 Secretary of State board; supervision of vital statistics 157 Vital statistics registry under control of 157 BOLL WEEVIL Appropriation for work in eradication of 19 BONDS, COUNTY Bibb; issue authorized 239 Chattooga County; Menlo school district 245 BONDS, MUNICIPAL (SEE NUMEROUS MUNICIPAL CORPORATION ACTS). BONDS OF THE STATE Coupons, payment of, unsigned, etc. 81 Issue of, to pay off public debt in 1915 81 Temporary arrangements and loan 84 BOOKKEEPER OF STATE BANK EXAMINER Employment and salary 74 Salary increase appropriated 1236 BOSTON, CITY OF Chartered, in lieu of town 464 City court of, established 194 BOX SPRINGS, TOWN OF Public school system in 465 BRIDGES Bartow County, over W. A. Railroad 1255 Rome, Floyd County to own and control bridges in 271 BRISTOL, TOWN OF Incorporated; charter powers 471 BRUNSWICK, CITY OF Charter amended 493 BRYAN COUNTY COURT Trials on accusations, without indictment 202

Page 1276

BUFORD, CITY OF Charter amended; salaries increased 498 State depository in 50 BUNCOMBE SCHOOL DISTRICT Line of, changed 335 BURIALS AND REMOVALS OF BODIES Permits required 159 C CADWELL, TOWN OF Incorporated 499 CALENDAR OF SUPERIOR COURTS 1264 CAMDEN COUNTY Marsh lands in, ceded to United States 155 CAMILLA, CITY OF State depository in 51 CAMPBELL COUNTY Commissioners, amending Act as to 242 CANDLER COUNTY Act creating 29 CARROLLTON, CITY OF New charter 521 CATOOSA COUNTY Road tax, repeal of Act authorizing levy of 244 CATTLE TICK Appropriation for eradication of 20 Carrying infected cattle into slaughter houses 148 CECIL, TOWN OF Reincorporated 564 CEDARTOWN, CITY OF Public schools; census and funds 575 CERTIFICATES Barbers and apprentices 75-79

Page 1277

Child work in factory, etc. 89 , 91 , 169 Fraternal benefit societies 102 , 105 Vital statistics; births, deaths, etc. 160 CHAINGANG OF COUNTY Streets of municipality, when required to work on, 87 , 334 (See Board of Commissioners v. Americus, 141 Ga., 542.) CHARLTON COUNTY Commissioners, election of, from militia districts 245 CHARTERS Reviver of, where expired 96 CHATTAHOOCHEE SUPERIOR COURT Change of times for holding 65 CHATTOOGA COUNTY Menlo school district; election for bond issue 245 CHECK, DRAFT, OR ORDER Criminal to draw and utter, without funds to meet 86 CHEMICAL DEPARTMENT Additional appropriation for 13 CHEMIST OF STATE (SEE STATE CHEMIST). CHILD LABOR Employment of, regulated 88 , 169 Penalty for violation of law 90 Repeal of Act of 1906 (Code of 1910, Sections 3143-3149) 91 CHIPLEY, TOWN OF Territorial limits reduced and defined 577 CITIES AND TOWNS (SEE MUNICIPALITIES). CITY COURTS Local Acts relating to 177-229 Salaries of bailiffs in cities of 150,000 people 70

Page 1278

CIVIL SERVICE In municipal government (see local Acts, 394 et seq. ) CLARKSTON, CITY OF New charter 578 CLAXTON, CITY OF Site of new county of Evans 34 CLERK OF SUPERIOR COURT Record of land subdivisions, duty as to, and fees 146 CLERMONT, TOWN OF Territorial limits reduced 616 COBB, TOWN OF Incorporated 617 CODE AMENDMENTS (CODE OF 1910) Bailiffs, special, compensation (Section 4996) 60 Condemnation of land by railroads (Section 5206 et seq. ) 145 Condemnation of land, title in fee simple (Section 5233; see O'Dowd v. Augusta, 141 Ga., 748) 61 , 95 Condemnation of property by State of United States (Section 5206 et seq. ) 92 Depositories of the State (Section 1249 et seq. ) 49-56 Elections of members of General Assembly and other officers, time of (Sections 80, 111) 47 Garnishment of wages, and exemptions (Section 5298) 62 Incorporation of schools (Section 2824) 58 New counties, provisions applied to (Sections 829-848; see Fordham v. Sikes, 141 Ga., 469) 48 Pension fees to ordinaries (Penal Code, Section 1511) [Illegible Text] Pilot boat owner as commissioner (Section 1898) 47 Quartermaster-general's office abolished (Penal Code, Sections 1361 et seq. ) 141 Stenographic reporters, appointment, etc. (Section 4984) 59

Page 1279

Stenographic reporters, compensation (Penal Code, Section 1131) 47 CODE REVISION Park's revision, examination and approval of, 1241-1242 COLBERT, CITY OF Incorporated 626 COLLEGE PARK, CITY OF Charter amended 647 COLLEGES Incorporation of, by superior court 58 COLUMBUS, CITY OF Commons commissioners, confirming donation by 654 Commons, sale of part authorized 656 Corporate limits extended 657 COMMERCE AND LABOR DEPARTMENT Appropriations for expenses, etc. 17 COMMISSIONER OF AGRICULTURE (SEE AGRICULTURAL DEPARTMENT) Dairy and eat food products; supervision, etc. 148 Food inspection and sanitary regulations 134 COMMISSIONER OF INSURANCE (SEE INSURANCE). COMMISSIONER OF LABOR Authority and duty as to child labor law 89 , 90 COMMISSIONERS OF COUNTIES (SEE LOCAL ACTS, et seq. ). COMMISSIONERS OF PILOTAGE Board of, composed of whom 57 COMMISSION GOVERNMENT, LOCAL LAWS FOR Athens 385 Gainesville 873 Oxford 1109 Rome 1140

Page 1280

CONCORD, CITY OF New charter for 658 CONDEMNATION OF PRIVATE PROPERTY By State or United States; doubt as to title, etc. 92 Title in fee simple, when acquired 61 , 95 (See O'Dowd v. Augusta, 141 Ga., 748.) CONFEDERATE SOLDIERS' HOME Additional Appropriations for 16 CONSTITUTION, AMENDMENTS TO Article 3, Section 3, Paragraph 1 36 Article 3, Section 4, Paragraph 1 45 Article 6, Section 1, Paragraph 1 39 Article 11, Section 1, Paragraph 2 23 , 27 , 29 , 33 Article 11, Section 2, Paragraph 1 43 Article 11, Section 3, Paragraph 1 42 Bacon County, for creation of 23 Barrow County, for creation of 27 Candler County, for creation of 29 Evans County, for Creation of 33 General Assembly, extending terms of members 45 Justice courts in Savannah, abolition of 39 New counties, legislative representation of 36 Officers of counties, increasing terms of office 43 Treasurer of county, abolishment of office 42 COOLIDGE, TOWN OF Charter amended 678 CO-OPERATIVE AGRICULTURAL WORK Assent to Act of Congress providing for 1243 CORDELE, CITY OF Charter amended 680 CORPORATIONS (SEE MUNICIPAL CORPORATIONS) Reviver of charters; Act of 1912 amended 96 Schools, incorporation of, including university, etc. 58 COTTON BOLL WEEVIL Appropriation for eradication of 19

Page 1281

COTTON TARE AND BALE STANDARDIZATION New committee to carry on work as to 1244 COUNTIES (SEE NEW COUNTIES) Automobile tax, distribution of, among counties 152 Chaingang to work on city streets, when 87 Damages, non-liability in, from street work 88 Fugitives from justice, payment of expenses of returning 123 Health laws, expenses of enforcing 130 Police, authority to maintain, by taxation 142 COUNTY BOARD OF HEALTH Created for each county; powers, duties, etc. 124 COUNTY CHAINGANG Streets of municipality, when required to work on, 87 , 334 (See Board of Commissioners v. Americus, 141 Ga., 542.) COUNTY COURT Bryan; trial on accusation without indictment 202 COUNTY MATTERS Local laws relating to 230-353 COUNTY OFFICERS Election, change of time for 47 Term of office, four years 43 COUNTY TREASURER Abolishment of office 42 COUPONS Payment of, without the bond, and unsigned 81 COURTS (SEE CITY COURTS; COUNTY COURT; MUNICIPAL COURT; SUPERIOR COURTS.) COVINGTON OXFORD STREET RY. CO. Refund of payment for renewal charter fee 1244 CRANDALL, TOWN OF New charter for 688

Page 1282

CRAWFORDVILLE, CITY OF Charter amended; pay and exemptions to officers 697 CRIMINAL LAW Barber; unlawful practice of occupation 75 , 80 Child labor law violation 90 Dairies, markets, slaughter houses; unlawful acts 151 Drawing and uttering check, etc., without funds 86 Fraternal benefit insurance, unlawful acts as to 122 Vital statistics law, penalty for violating 172 CUTHBERT, CITY OF Charter amended; eligibility to re-election 698 D DADE COUNTY Commissioners, Act creating 246 DAHLONEGA State depository in 52 DAIRIES, MILK AND PRODUCTS THEREOF Inspection, sanitation, statistics, etc. 148 DALLAS, TOWN OF School bonds, election for; tax, etc. 699 DALTON, CITY OF School trustees' terms extended 702 DAMAGES Assessment of, on condemnation proceeding 93 , 94 County not liable in, from street work by chaingang 88 DAMASCUS, TOWN OF Formerly the town of Kestler 932 DAWSON SUPERIOR COURT Change of time for holding fall term 66 DEBT OF THE STATE Bond issue to pay amount due in 1915 81

Page 1283

DECATUR, TOWN OF Annexation of town of Oakhurst 703 , 1105 Board of health 708 DEPARTMENTS (SEE AGRICULTURAL DEPARTMENT; CHEMICAL DEPARTMENT; ENTOMOLOGY; MILITARY DEPARTMENT; PENITENTIARY DEPARTMENT). DEPOSITORIES OF STATE Additional, authorized 49-56 DISEASES (SEE HEALTH AND SANITATION). DISTRICT COMMISSIONER OF HEALTH Appointment, duties, powers, etc. 127 DODGE COUNTY Commissioner, Act creating office of, repealed 250 Commissioners, board of five, created 252 Primary elections, manner of holding, prescribed 263 DOLAN, M. J. Resolution for relief of, as surety 1249 DONALDSONVILLE, TOWN OF Ice and cold storage plant; issue of bonds 709 DOOLY SUPERIOR COURT Additional terms, making four a year 66 DOORKEEPER OF SENATE Pay for assistant 1238-1239 DOUGHERTY COUNTY Commissioners, amendment of Act creating 268 DOUGLAS City Court Act amended 204 DOUGLAS COUNTY Squirrels, right to kill 269 DOUGLASVILLE, TOWN OF Charter amended 711 DRAFT OR ORDER Penalty for drawing and uttering, without funds 86

Page 1284

DUBLIN, CITY OF Charter amended 713 E EAST LAKE, TOWN OF Charter amended 715 EASTMAN, CITY OF Clerk and treasurer's election, duties, etc. 731 Tax rate, increase of 734 EAST POINT, CITY OF Bonds for schools 736 Charter amended 738 EATONTON, CITY OF Municipal contracts for over a year 739 ELBERT COUNTY Local liquor law repealed 270 ELECTIONS Constitutional amendments, for adoption of 26-46 County and municipal (see County Matters; Municipalities). Local Acts providing for 210 et seq. Members of General Assembly and other officers 47 Primary elections, local Acts as to 263 et seq. ELLAVILLE, CITY OF New charter 740 State depository in 52 EMINENT DOMAIN Exercise of, by State or United States 92 Title in fee simple, when acquired 61 , 95 ENTOMOLOGY, BOARD OF Appropriation for boll weevil eradication 19 EVANS COUNTY Act creating 36 EVIDENCE Birth and death registration certificates 169 172

Page 1285

EXECUTIONS Record of, on general docket of other county, when necessary 98 (See Civil Code (1910), Sections 3321, 4533; Marshall v. Whatley, 136 Ga., 805; Whatley v. Marshall, 139 Ga., 148.) EXEMPTION FROM GARNISHMENT Wages, limit as to 62 EXEMPTION FROM TAXATION Bonds of the State 81 , 86 Fraternal benefit society 121 EXPERIMENT STATION Appropriation for buildings 12 , 13 F FAIRMOUNT, TOWN OF Center and territorial limits 774 Public school system 775 FEES Bank examinations 71 Pensions, ordinary's fees for work on 139 FITZGERALD, CITY OF New charter amended 781 FIVE FORKS, TOWN OF Charter repealed 647 , 836 Incorporated into city of Colbert 626 , 647 FLOODS AND FRESHETS Condemnation of land for protection against 61 (See O'Dowd v. Augusta, 141 Ga., 748.) FLOYD COUNTY Bridges in city of Rome, title and control of 271 FOOD Inspection and sanitation, regulation as to 134 FORSYTH City court of, abolished 207

Page 1286

FORT GAINES, CITY OF New charter 836 Registration law repealed 867 FORT VALLEY, CITY OF Eligibility of mayor and aldermen 867 Recorder's court established 869 FOXES Killing of, in Habersham County 293 FRANCHISES Bridges in Rome, revocation as to 273 FRATERNAL BENEFIT SOCIETIES Law for regulation and control of 99 FUGITIVES FROM JUSTICE Expenses of bringing back into State, when payable 123 G GAINESVILLE, CITY OF Charter amended; commission government 873 GARNISHMENT Answer, what garnishee must state in 62 Wages, how far subject; what exempt 62 GENERAL ASSEMBLY Election of members, change of time for 47 Terms of members, how far extended 45 Unfinished business, resolution as to 1254 GEORGIA SCHOOL OF TECHNOLOGY Appropriation for 9 Resolution for relief of 1245 GLENWOOD, TOWN OF Charter amended 901 GLYNN COUNTY Public instruction, regulation of 275

Page 1287

GOVERNOR Automobile tax, warrants for, to counties 153 Bond issue, authority and discretion as to 81 , 84 Election, change of time for 47 GRAHAM, R. L. Resolution for relief of, as surety 1249 GRAND JURIES Laws operative on recommendation of 126 Sessions of, in Pulaski and Wilkes counties 67 , 69 GRAY City court of, abolished 210 GREAT SEAL OF THE STATE New, to be made and used instead of old 1247 GREENE COUNTY Commissioners of, created 288 Commissioners, repeal of Act of 1912 as to 287 GRIFFIN, CITY OF Charter amended; taxes, sanitation, etc. 912 GUYTON, TOWN OF Charter amended; taxes 916 H HABERSHAM COUNTY Foxes, unlawful to kill, between certain dates 293 HAPEVILLE, CITY OF Charter amended 917 HALL COUNTY Commissioners, change of mode of electing 293 HART COUNTY Commissioner, abolishment of office of 295 Commissioner and board of finance created 296 HAWKINSVILLE, CITY OF Charter amended 923

Page 1288

HEALTH AND SANITATION Barber shops, regulations of 76 Dairies, meat markets, slaughter houses 148 Diseases, powers as to control of 125 , 131 , 171 Expenses, appropriation for paying 130 Wood, regulations of making, selling and storing 134 Revisal of State health laws 124 Sanitary districts 126 Statistics 132 , 157 HEALTH, DISTRICT COMMISSIONER OF For each sanitary district to be appointed 127 Powers, duties, etc 129 HENRY COUNTY Commissioner, repeal of Act creating office of 303 HOG CHOLERA Appropriation for investigation, control, serum, etc. 21 HULL, TOWN OF Territorial limits extended 928 I INCORPORATION OF SCHOOLS Including university, and extending period of time 58 INITIATIVE, REFERENDUM, AND RECALL City of Rome 1143 , 1146 INJUNCTION Fraternal benefit society, proceeding against 119 INSPECTIONS Dairies 148 Food, places of making, selling and storing 134 Health and sanitation generally 132 Meat markets and slaughter houses 148 INSURANCE Benefit societies, control and regulation of 99 Commissioner's duty as to fraternal societies 105

Page 1289

Commissioner's duty as touching receivership 136 Receivership for company, prerequisites to 119 , 135 INTERMENTS Permits required 159 IRWINVILLE State depository in 53 J JEFFERSONVILLE, CITY OF City court of, abolished 214 Public school system for 929 JONES COUNTY Commissioner's compensation reduced 305 JONES, W. T. Resolution to pay reward to 1253 JUDGMENTS (SEE LIEN OF JUDGMENT). JURISDICTION Of marsh lands cede to U. S. for waterways 154 K JUSTICE COURTS Abolition of, in Savannah 39 KESTLER, TOWN OF Name changed to Damascus 932 KINGSLAND State depository in 54 KIRKWOOD, TOWN OF Charter amended 932 L LABOR (SEE CHILD LABOR). LAFAYETTE, CITY OF Charter amended 936

Page 1290

LAND SUBDIVISIONS Record of maps and drawings in certain counties 146 Record of subdivisions in Savannah 1179 LAND TITLE REGISTRATION COMMISSION To investigate and report better matter 1248 LAURENS COUNTY Commissioners, board of, created 306 Commissioners, repeal of Act of 1911 as to 314 LAVONIA, CITY OF Charter amended; elections, registrations, etc. 965 LECTURES Health, by Commissioner of 132 LEESBURG, TOWN OF Tax rate increased; returns, etc. 968 LEGISLATIVE REFERENCE LIBRARY Established within State Library 137 In charge of second assistant librarian 138 LEGISLATURE Election of members, change of time for 47 Term of members, how far extended 45 LIBRARY (SEE STATE LIBRARY). LICENSES Barbers 75 , 78 , 80 Fraternal benefit societies 99 , 108 Tax, shipments in carloads without payment of 147 LIEN OF JUDGMENT Record of execution on docket of other county, when necessary 98 LITHIA WATER Appropriation to pay for 1238 LOGANVILLE, CITY OF Charter of town amended 969 LOUVALE, TOWN OF Charter repealed 973

Page 1291

LYONS, CITY OF Bond issue for public schools 974 M MACON, CITY OF Chaingang of county to work streets 977 New charter 981 Taxing powers 976 Union passenger station provided for 979 MADISON COUNTY Commissioner, office of, created 316 Commissioners, repeal of Act of 1910 creating 315 MANCHESTER, CITY OF Charter amended 1044 State depository in 54 MANDAMUS County authorities, for work on city streets 88 MAPS, DRAWINGS, PLANS AND SURVEYS Record of, in certain counties 146 Record of, in Savannah 1179 MARIETTA, CITY OF Charter amended; sewer tax 1045 MARSH LANDS IN CAMDEN COUNTY Ceded to United States for waterways 154 MCCAYSVILLE, TOWN OF Charter amended; paving of sidewalks 1048 MEAT MARKETS Inspection and sanitary regulations 148 MENLO SCHOOL DISTRICT Bonds, election for issuance of 245 METTER Site of new county of Candler 30 MIDWIVES Vital statistics, duty as to 168

Page 1292

MILITARY DEPARTMENT Appropriation for deficiency in 1233 Quartermaster general's office abolished 139 MILK (SEE DAIRIES.) MILLEDGEVILLE, CITY OF Charter amended 1051 MILLEN, CITY OF New charter 1058 MONTGOMERY COUNTY Commissioners, board of, created 323 Commissioners, repeal of former Acts as to 322 MOUNT AIRY, TOWN OF Charter amended; rate of taxation 1092 MUNICIPAL CORPORATIONS Condemnation of land for protection against [Illegible Text] and freshets; acquirement of title in fee 62 (See O'Dowd v. Augusta, 141 Ga., 748.) County chaingang, work on streets by 87 , 334 (See Board of Commissioners v. Americus, 141 Ga., 542.) Dairies and meat markets; inspection of products 151 Local acts relating to 357 et seq. MUNICIPAL COURT Atlanta; amendment of Act creating 178 MUNICIPALITIES Adrian, town of, charter amended 359 Aragon, city of, incorporated 371 Athens, city of, charter amended 382 , 384 Athens, city of, new charter 385 Atlanta, city of, charter amended 413 , 415 , 417 Attapulgus, town of, incorporated 421 Augusta, city council of, condemnation of realty 421 Bainbridge, city of, charter amended 428 429 Bartow, town of, new charter 430 Barwick, town of, charter amended 451 Blackshear, city of, charter amended 453

Page 1293

Blue Ridge, city of charter amended 460 Boston, town of, changed to city 464 Box Springs, town of, public schools 465 Bristol, town of, incorporated 471 Brunswick, city of, charter amended 493 Buford, city of, charter amended 498 Cadwell, town of, incorporated 499 Carrollton, city of, new charter 521 Cecil, town of, reincorporated 564 Cedartown, city of, public schools 575 Chipley, town of, reduction of territory 577 Clarkston, city of, new charter 578 Clermont, town of, charter amended 616 Cobb, town of, incorporated 617 Colbert, city of, incorporated 626 College Park, town of, charter amended 647 Columbus, city of, confirming donation of commons 654 Columbus, city of, corporate limits extended 657 Columbus, city of, sale of part of commons 656 Concord, city of, new charter 658 Coolidge, town of, charter amended 677 Cordele, city of, charter amended 680 Crandall, town of, new charter 688 Crawfordville, city of, charter amended 697 Cuthbert, city of, charter amended 698 Dallas, town of, election for school bonds 699 Dalton, city of, school trustees' terms 702 Damascus, town of (previously Kestler) 932 Decatur, town of, annexation of Oakhurst 703 Decatur, town of, board of health 708 Donaldsonville, town of, charter amended 709 Douglasville, town of, charter amended 711 Dublin, city of, charter amended 713 East Lake, town of, charter amended 715 Eastman, city of, clerk and treasurer 731 Eastman, city of, increase in tax rate 734 East Point, city of, charter amended 736 , 738 Eatonton, city of, charter amended 739 Ellaville, city of, new charter 740 Fairmount, town of, charter amended 774 , 775

Page 1294

Fitzgerlad, city of, charter amended 781 Five Forks, town of, charter repealed 647 , 836 Fort Gaines, city of, new charter 836 Fort Gaines, city of, registration law repealed 867 Fort Valley, city of, eligibility of mayor, etc. 867 Fort Valley, city of, recorder's court 869 Gainesville, city of, commission government 873 Glenwood, town of, charter amended 901 Griffin, city of, charter amended 912 Guyton, town of, charter amended 916 Hapeville, city of, charter amended 917 Hawkinsville, city of, charter amended 923 Hull, town of, extension of limits 928 Jefferson, city of, public schools 929 Kestler, town of, changed to Damascus 932 Kirkwood, town of, charter amended 932 LaFayette, city of, charter amended 936 Lavonia, city of, charter amended 965 Leesburg, town of, increase of tax rate 968 Loganville, city of, charter amended 969 Louvale, town of, charter repealed 973 Lyons, city of, school bonds 974 Macon, city of, charter amended 976 , 977 , 979 , 981 Manchester, city of, charter amended 1044 Marietta, city of, charter amended 1045 McCaysville, town of, charter amended 1048 Milledgeville, city of, charter amended 1051 Millen, city of, new charter 1058 Mount Airy, town of, charter amended 1092 Newnan, city of, charter amended 1093 Normantown, town of, incorporated 1094 Oakhurst, town of, repeal of charter 1105 Ochlochnee, town of, water works bonds 1106 Oxford, town of, new charter 1108 Portal, town of, incorporated 1126 Quitman, city of, charter amended 1134 Richland, town of, extension of limits 1136 Rome, city of, charter amended 1138 , 1139 , 1140 Rossville, city of, charter amended 1148 Round Oak, town of, incorporated 1151

Page 1295

Royston, city of, bond issue 1159 Savannah, town of, charter amended, 1161 , 1162 , 1172 , 1178 Shellman, town of, charter amended 1181 Smithville, town of, extension of limits 1182 Smyrna, town of, bond issues 1183 Soperton, town of, charter amended 1186 , 1187 Sparks, town of, charter amended 1191 Statesboro, city of, charter amended 1199 Swainsboro, city of, charter amended 1201 Sylvester, city of, charter amended 1203 Thomasville, city of, charter amended 1204 , 1205 Tignall, town of, taxing power 1206 Tocca, city of, discount of taxes 1208 Vanna, town of, tax rate 1210 Vidalia, City of, school tax 1209 Waverly Hall, town of, incorporated 1211 West Green, town of, incorporated 1221 Wilburn, town of, charter repealed 1227 N NEW COUNTIES Acts creating 23 , 27 , 29 , 33 Legislative representation provided for 36 Provisions of Act of 1905 applied to all 48 (See Fordham v. Sikes, 141 Ga., 469.) NEWNAN, CITY OF Charter amended; electric and plumbing supplies 1093 NITRATE SETTING BACTERIA Appropriation for culture of 14 NIX BROTHERS Tax payment refunded to 1239 NORMAL AND INDUSTRIAL COLLEGE, MILLEDGEVILLE Appropriation for 9 NORMAL SCHOOL AT ATHENS Appropriations for 7 , 10

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NORMANTOWN, TOWN OF Incorporation of 1094 NORMEN, C.P. COMPANY Tax payment refunded to 1239 NOTICE (SEE SERVICE OF PROCESS). NUISANCE Barber shop, when declared to be 77 O OAKHURST, TOWN OF Repeal of charter, if annexed to Decatur 703 , 1105 OCHLOCHNEE, TOWN OF Water works bonds, election for 1106 OFFICE OF COUNTY TREASURER Abolishment of 42 OFFICE OF LEGISLATIVE REPRESENTATIVE Election, time for, changed 47 Extension of term; constitutional amendment 45 OFFICE OF QUARTERMASTER GENERAL Abolished 139 OFFICERS OF COUNTY Election, change of time for 47 Recall of (see various local Acts) 260 et seq. Term of office, four years 43 OFFICERS OF STATE District commissioners of health are 129 ORDINARIES Pensions, payment of fees for work on 139 OXFORD, TOWN OF New charter 1108 P PARK, ORVILLE A. Code Revision, examination and approval of 1241-1242

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PENAL LAWS (SEE CRIMINAL LAW). PENITENTIARY COMMITTEES Appropriation for per diem and expenses 1234 PENITENTIARY DEPARTMENT Additional appropriation for 1914 and 1915 1235 PENSION PAYMENTS Appropriation of $43,000 for deficiency 1236 PHYSICIANS (SEE DISTRICT COMMISSIONER OF HEALTH). Vital statistics, duties as to 161 PILOTAGE Commissioners, who shall compose board of 57 POLICE FOR COUNTIES Authority to maintain; duties, powers, etc. 142 POLK COUNTY Rockmart and Buncombe school district lines changed 335 PORTAL, TOWN OF Incorporated 1126 PRIMARY ELECTIONS Dodge County; manner of holding 263 PRIVATE PROPERTY Condemnation of 61 , 92 PUBLIC DEBT Bond issue to pay $3,679,000 in 1915 81 PULASKI COUNTY City court of, abolished 212 Commissioners, board of, created 336 PULASKI SUPERIOR COURT Grand juries drawn at what terms 67 Times of holding four terms a year 67 PUTNAM COUNTY Commissions, amendment of Acts relating to 339

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Q QUARANTINE County board of health to enforce 125 QUARTERMASTER GENERAL Office abolished; duties, how performed 139 , 141 QUITMAN, CITY OF Charter amended; public school tax 1134 R [Illegible Text], FURNUM P. Tax payment refunded to 1240 RAILROADS Approval of commission required 145 Condemnation of land, power of 145 Powers additional to charter 145 Tracks, additional, relocation, etc. 144 Western and Atlantic, bridges and underpasses 1255 RECALL OF OFFICERS See various local Acts 260 et seq. RECEIVER Fraternal benefit society, proceeding against 119 Insurance companies; prerequisite to receivership 135 RECORD Burial caskets, of sales 164 Execution, when to be recorded on docket of other county 98 (See Civil Code (1910), Sections 3321, 4533; Marshall v. Whatley, 136 Ga., 805; Whatley v. Marshall, 139 Ga., 148.) Maps, plans, surveys, etc., in certain counties, 146 , 1179 REFUNDS OF PAYMENTS Covington Oxford Street Railway Co. 1244 Nix, Normen, Stewart, Rahn 1239 , 1240 REGISTRATION Barbers 75 Physicians, midwives and undertakers 168 Vital statistics 157

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REPORTERS (SEE STENOGRAPHIC REPORTERS). REPORT OF STATE TREASURER 1260 REPORTS OF DECISIONS OF COURTS Supplementary printing appropriation 15 REPRESENTATION Legislative, for new counties 36 RESOLUTIONS Code revision supervised by O. A. Park 1241 , 1242 Co-operative agricultural extension work 1243 Cotton tare and bale standardization 1244 Covington Oxford Street Railway Company, refund of payments made by 1244 Doorkeeper of Senate, pay for assistant 1238 1239 Georgia School of Technology, for relief of 1245 Great seal of the State, new for old 1247 Land title registration commission 1248 Lithia water for General Assembly, pay for 1238 Military department, deficiency appropriation 1233 Pamphlets of unfinished business, pay for 1254 Penitentiary committees, appropriations for 1234 Penitentiary department, deficiency appropriation 1235 Pension payments, deficiency appropriation 1236 Portrait of Governor Slaton requested 1248 Reward, for payment of, to W. T. Jones 1253 School book investigation committee, appropriation for 1237 Salary increases, appropriations for 1236 Sureties, for relief of 1249 , 1252 Tax payments, refunds of 1239 , 1240 Unfinished business, authority in relation to 1254 Western Atlantic Railroad, bridges and underpasses in Bartow County 1255 REWARD Payment of, to W. T. Jones 1253 RICHLAND, TOWN OF Territorial limits extended 1136

Page 1300

RICHMOND COUNTY Board of education, candidates for membership in_ 340 ROADS See various local laws 234 et seq. ROCKMART SCHOOL DISTRICT Line of, changed 335 ROME, CITY OF Commission government for; election 1140 Curbing, guttering, sidewalks, etc. 1139 Watters Street, closing of part of 1138 ROSSVILLE, CITY OF Charter amended 1148 ROUND OAK, TOWN OF Incorporated 1151 ROYSTON, CITY OF Bond issue, election for 1159 S SALARIES Bailiffs in certain city courts 70 Bailiffs special in certain cities 60 Bank examiners 71 Bank examiner's bookkeeper and stenographer, 74 , 1236 Health commissioner in sanitary district 129 Vital statistics, State registrar of 158 SANITARIUM, STATE Additional appropriations for 19 SANITARY MATTERS (SEE HEALTH). SAVANNAH, CITY OF Charter amended 1178 Closing of part of River Street 1161 Elections, registration of voters, etc. 1162 Justice courts, abolition of 39 Primary elections, regulations for holding 1172

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SCHOOL BOOK INVESTIGATION COMMITTEE Appropriation for printing and expenses 1237 SCHOOL CHILDREN Laws relating to health, ages, etc. 132 , 169 SCHOOLS Incorporation of, by superior court 58 Local laws relating to (see Municipalities), 245 , 275, et seq. SEALS, J. W. Resolution for relief of, as surety 1249 SECRETARY OF STATE Automobile tax, duty as to 153 SERVICE OF PROCESS Condemnation of property by State or United States 93 Fraternal benefit society, on attorney for 110 SHELLMAN, TOWN OF Taxing power by charter amendment 1181 SHIPMENTS IN CARLOAD LOTS License tax, when not required 147 SIMMONS, L. L. Resolution for relief of, as surety 1251 SINKING FUND Application to payment of bonds 82 SLATON, GOVERNOR JOHN M. Portrait of, requested for executive office 1248 SLAUGHTER HOUSES Inspection and sanitary regulations 148 Local laws relating to 384 et seq. SMITHVILLE, TOWN OF Territorial limits extended 1182 SMYRNA, TOWN OF Bond issue for public schools 1183

Page 1302

SOPERTON, TOWN OF Charter amended 1187 School system abolished 1186 SOUTHERN MUTUAL INSURANCE COMPANY Charter amended; insurance against lightning 1228 SOUTH GEORGIA STATE NORMAL COLLEGE Branch of University of Georgia 155 President of board of trustees a trustee ex-officio of University 156 SPARKS, TOWN OF Charter amended; school district, etc. 1191 SPECIAL BAILIFFS Compensation, increase of 60 SPRINGFIELD State depository in 55 SQUIRRELS Local laws giving right to kill 269 STATE BANK EXAMINER Laws relating to 71 , 74 Salaries of bookkeeper and stenographer 74 , 1236 STATE BOARD OF HEALTH Membership, powers, etc. 124 , 131 Vital statistics registration under control of 157 STATE BONDS Act providing for issue of 81 STATE CHEMIST Dairy products, analyses of 150 Food inspection and sanitary regulations 134 STATE LIBRARY Legislative reference department established in 137 Salary of reference librarian, and expenses 138 STATE NORMAL SCHOOL Appropriations for 7 , 10

Page 1303

STATE SANITARIUM Additional appropriations for 19 STATE VETERINARIAN Cattle tick eradication 20 Dairies, meat markets, slaughter houses 148 Food; rules as to inspection and sanitation 134 Hog cholera treatment 21 Statistics of dairy and meat products 151 STATESBORO, CITY OF Charter amended; public schools 1199 STATISTICS Dairy and meat food products 151 Health and sanitation 132 Vital, to be registered 157 STENOGRAPHER OF STATE BANK EXAMINER Salary increased 74 Salary increase appropriated 1236 STENOGRAPHIC REPORTERS Appointment and removal, duties, etc. 59 Compensation in criminal cases in cities of over 150,000 inhabitants, how fixed 63 STEWART BROTHERS Tax payment refunded to 1239 STREETS County chaingang work on, in cities 87 , 334 SUBDIVISIONS OF LAND, SURVEYS OF Record of, in certain counties 149 Record of, in Savannah 1179 SUPERIOR COURTS Incorporation of schools, colleges, universities, etc. 58 SUPERIOR COURTS Calendar of times of holding 1264 Changes in times of holding, etc. 65-69

Page 1304

SURETIES, RELIEF OF Dolan and Seals 1249 Graham 1249 Simmons 1251 Wooten 1252 SWAINSBORO, CITY OF Bond issue for schools, water and lights 1201 SYLVESTER, CITY OF City court of, established 215 Extension of limits; and bond issues 1203 T TAXATION Automobiles; distribution of tax among counties 152 Bonds of the State to be exempt from 81 , 86 Carload shipments without paying license tax 147 County police, for expenses and salaries of 142 Fraternal benefit society, exemption as to 121 Health law, county tax for enforcing 130 Road and street tax (see local laws) 244 et seq. TAX, REFUND OF PAYMENT Nix, Normen, Stewart et al. 1239 Rahn, Furnum P. 1240 TECHNOLOGY, SCHOOL OF Appropriation for 9 Relief of 1245 TERRELL SUPERIOR COURT Change of times of holding 68 THOMASVILLE, CITY OF Closing of certain streets 1204 Schools; terms of board members 1205 TIGNALL, TOWN OF Charter amended; taxing power 1206 TITLE Condemnation by State or United States; issue of 92 Condemnation of land, title in fee simple on 61 , 95 Land title registration commission 1248

Page 1305

TOCCOA, CITY OF Charter amended; discount of taxes 1208 TOOMBS COUNTY Commissioners, amendment of Act creating board of 342 Roads and bridges, amendment of laws as to 343 TRANSFER Lien of unrecorded execution, when unavailing against 98 (See Civil Code (1910), Sections 3321, 4533; Marshall v. Whatley, 136 Ga., 805; Whatley v. Marshall, 139 Ga., 148.) TREASURER OF COUNTY Abolishment of office 42 TREASURER OF STATE Automobile tax, duty as to 153 Report by, for year ending December 31, 1913 1260 TREASURY DEPARTMENT Bank bureau in; amendment of law 71 TUBERCULOSIS SANITARIUM Additional appropriations for 16 U UNDERTAKERS Vital statistics law, duties under 161 UNFINISHED BUSINESS OF GENERAL ASSEMBLY Appropriation for pamphlets concerning 1238 Authority in reference to 1254 UNION COUNTY Commissioners, board of, created 348 UNITED STATES Condemnation of private property by; title, etc. 92 Marsh lands in Camden County ceded to 154 UNIVERSITIES Incorporation of, by superior court 58

Page 1306

UNIVERSITY OF GEORGIA Appropriations for 7 , 9 , 10 South Georgia Normal College a branch of 155 Trustees, president of board of trustees of South Georgia College one of 156 V VANNA, TOWN OF Tax rate, increase of 1210 VETERINARIAN (SEE STATE VETERINARIAN). VIDALIA, CITY OF Charter amended; additional school tax 1209 VITAL STATISTICS Registration of 157 W WAGES Garnishment, how far subject to 62 WARE COUNTY Commissioners, amendment of Act of 1912 as to 352 WATER FOR GENERAL ASSEMBLY Appropriation to pay for 1238 WATERWAYS Marsh lands ceded to United States for 154 WAVERLY HALL, TOWN OF Incorporated 1211 WESTERN ATLANTIC RAILROAD Bridges and underpasses in Bartow County 1255 WEST GREEN, TOWN OF Incorporated 1221 WILBURN, TOWN OF Charter repealed 1227 WILKES SUPERIOR COURT Grand jury sessions, at what terms held 69

Page 1307

WINDER Site of new county of Barrow 28 WOODBURY State depository in 56 WOOTEN, J. L. Resolution for relief of, as surety 1252 WRIGHTSVILLE State depository in 56