Acts and resolutions of the General Assembly of the state of Georgia 1915 [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 19150000 English

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1915 19150000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1915 CHAS. P. BYRD, State Printer ATLANTA, GA.

Page 3

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

Page 5

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1915 PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS TITLE II.CODE AMENDMENTS TITLE III.SUPERIOR COURTS TITLE IV.MISCELLANEOUS

Page 7

TITLE I. APPROPRIATIONS. ACTS. Prison Commission, for State Farm. Third District Agricultural and Mechanical School Building. PRISON COMMISSION, FOR STATE FARM. No. 145. An Act to appropriate $30,000.00 for certain permanent improvements at the State Farm in Baldwin County, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That there shall be appropriated to the Prison Commission of Georgia the sum of $30,000.00 to be expended on the State Farm in Baldwin County, Georgia, as follows: $30,000 to Prison Commission. For the erection of a negro stockade, the sum of $10,000.00; [Illegible Text] and purposes. For the enlargement of the boys' reformatory building for white boys, the sum of $2,500.00;

Page 8

For enlarging and improving the sewerage and bathing facilities in the woman's building, the sum of $2,500.00; For boring deep wells for an adequate water supply and installing a pumping station and pipes for conveying the water to various buildings at the State Farm, and for the purpose of providing an adequate and sanitary disposal plant for disposing of the sewerage at the State Farm, so as to prevent pollution of water and infection, the sum of $15,000.00; provided, that if in the judgment of the Prison Commission a sum less than the specified amount for any particular item will suffice, any surplus thus arising may be used on any other item or items specified in this Act. SEC. 2. All laws and parts of laws that conflict with this Act are hereby repealed. Approved August 13, 1915. THIRD DISTRICT AGRICULTURAL AND MECHANICAL SCHOOL BUILDING. No. 22. An Act to appropriate the sum of $16,000, or so much thereof as may be necessary, for rebuilding the Academic Building upon the campus of the Third District Agricultural and Mechanical School, located at Americus, Georgia; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of $16,000 or so much thereof as may be necessary be and the same is hereby appropriated to the Trustees of the Third District Agricultural and Mechanical School for the purpose of rebuilding and equipping the Academic Building on the campus of the Third District Agricultural and Mechanical School at Americus, Georgia. $16,000 to [Illegible Text] academic building.

Page 9

SEC. 2. Be it further enacted by the authority aforesaid, That, from and after the passage of this Act, the Board of Trustees of the said Third District Agricultural and Mechanical School, through its secretary and treasurer, are hereby authorized and empowered to make requisitions upon the Governor of the State for $16,000, or any part thereof, from time to time as the same may be required for the erection of said academic building, and the equipping of the same; and the said Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of the said requisition or requisitions so made by the Board of Trustees; and the said Treasurer is directed to pay the same out of any funds in the treasury available for this purpose. To be drawn by trustees SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 2, 1915.

Page 10

TITLE II. CODE AMENDMENTSCIVIL CODE OF 1910. ACTS. Section 357. Advertising Notice of Local Legislation. Section 1225. Tax Collector as ex Officio Sheriff. Section 1249. Almn, State Depository in. Metter, State Depository in. Rebecca, State Depository in. Sylvester, State Depository in. Vidalia, State Depository in. Section 1901. Pilotage Fees. Section 2577. No Railway Parallel to Western Atlantic to be Incorporated. Section 3092. Insane PersonsWaiver of Notice. Section 3134. Wages of Decedent, Payment of. ADVERTISING NOTICE OF LOCAL LEGISLATION. No. 159. An Act to amend Section 357 of the Civil Code of 1910, by inserting between the words advertised and and in the fourth line of said section, the following: or in a newspaper published in the town or municipality whose charter is proposed to be amended or affected by such local legislation; and to further amend said section by inserting after the word ordinary at the end of the eighteenth line of said section, and before the word that in the beginning of the nineteenth line, the following: or the mayor of the town or city, so as to provide that notice of intention to apply for the passage of a local or special bill amending or changing the charter of any town or city in this State may be published in any newspaper published in said town or city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

Page 11

the State of Georgia, and it is hereby enacted by the authority of the same, That Section 357 of the Civil Code of 1910 be and the same is hereby amended by inserting, between the words advertised and and in the fourth line of said section, the following: or in a newspaper published in the town or city whose charter is proposed to be amended or affected by such local legislation. And to further amend said section by inserting, after the word ordinary at the end of the eighteenth line of said section, and before the word that in the beginning of the nineteenth line, the following: or the mayor of the town or city, so as to provide that notice of intention to apply for the passage of a local or special bill amending or changing the charter of any town or city in this State may be published in any newspaper published in said town or city. 357 amended. Amendment of municipal charter. In any paper there published. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. TAX COLLECTOR AS EX-OFFICIO SHERIFF. No. 164. An Act to amend Section 1225 of the Code, by striking out the words seventy-five thousand and inserting in place thereof the words one hundred and twenty-five thousand, and for 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 1225 of the Code be and it is hereby amended by striking out the words seventy-five thousand and inserting in place thereof the words one hundred and twenty-five thousand so that said section of the Code as amended will read as follows: The tax collectors of counties which contain a population of one hundred

Page 12

and twenty-five thousand or more shall be ex-officio sheriffs in so far as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said tax collectors shall not turn over any tax executions to the sheriffs, or to any other levying officials of the said State, except when it may become necessary for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued; but said tax collectors, by virtue of their office, shall have full power and authority to levy all tax executions heretofore or hereafter to be issued by them in their respective counties; and the compensation of said tax collectors shall not exceed fifty cents for issuing each fi. fa., and for levying and selling the same fees as are now allowed by law to the sheriffs of said State and said tax collectors shall have full power to bring property to sale, and sales made by them shall be valid, and shall convey the title to property thus sold as fully and completely as if made by the sheriffs of said counties. 1225 amended. Tax collector's power as a sheriff in city of 125,000. 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, 1915. ALMA, STATE DEPOSITORY IN. No. 27. An Act to amend Section 1249 of Volume One 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 amendatory thereof, so as to add the town of Alma in the county of Bacon, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of

Page 13

the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume One 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 town of Alma, in the county of Bacon, State of Georgia, to the list of such cities and towns. 1249 amended. Alma added. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1915. METTER, STATE DEPOSITORY IN. No. 25. 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 Metter in the county of Candler, and State of Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of 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 Metter, in the county of Candler, and the State of Georgia, to the list of such cities and towns. 1249 amended. Metter added.

Page 14

SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1915. REBECCA, STATE DEPOSITORY IN. No. 108. 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 and the several Acts amendatory thereof, so as to add the town of Rebecca in the county of Turner and 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 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 amendatory thereof be and the same are hereby amended so as to add the town of Rebecca in the county of Turner in the State of Georgia, to the list of such cities and towns. 1249 amended. Rebecca added. 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, 1915.

Page 15

SYLVESTER, STATE DEPOSITORY IN. No. 23. 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, and the several Acts amendatory thereof, so as to add the city of Sylvester in the county of Worth and 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 amendatory thereof be and the same are hereby amended so as to add the city of Sylvester in the county of Worth in the State of Georgia, to the list of such cities and towns. 1249 amended. Sylvester added. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1915. VIDALIA, STATE DEPOSITORY IN. No. 114. An Act to amend Section 1249 of the Code of Georgia of 1910, and the several Acts amendatory thereof, providing for the selection by the Governor of banks in the cities and towns therein named as depositories so as

Page 16

to add the city of Vidalia, in the county of Toombs, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of 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 Vidalia, in Toombs County, Georgia, to the list of said cities. 1249 amended. Vidalia added. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. PILOTAGE FEES. No. 221. An Act to amend Section 1901 of the Civil Code of 1910 by striking out the following words, beginning after the word shall in the 16th line: not pay more than inward pilotage at the first port of entry of this State, and outward pilotage from the last port from which they finally go to sea, and in lieu thereof to substitute the following words: pay the inward pilotage at the first port of entry only, and the outward pilotage from each port or ports at which such vessels shall load cargo in whole or in part; 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

Page 17

this Act, Section 1901 of the Civil Code (1910) be and the same is hereby amended by striking therefrom the following words, beginning after the word shall in the 16th line of said section, to-wit.: not pay more than inward pilotage at the first port of entry of this State, and outward pilotage from the last port from which they finally go to sea, and by substituting in lieu thereof the following words: pay the inward pilotage at the first port of entry only and the outward pilotage from each port or ports at which such vessels shall load cargo in whole or in part, so that when amended said section shall read as follows: 1901. ( 1655.) Rules, regulations and fees. The commissioners shall have power, and it is their duty to prescribe rules and regulations for the government of pilots, and to prescribe the fees for their services, and they may also impose such penalties, not inconsistent with this law, for neglect of duty or for a violation of the orders or of the rules and regulations of the commissioners, as they may think proper. They shall, from time to time hereafter, whenever necessary, revise and grade the existing pilotage fees, both inward and outward, on vessels drawing seventeen feet, or less, when loaded, so that said fees shall not exceed the average of the fees charged at the ports of Norfolk, Wilmington, Charleston, Port Royal, or Beanfort, Fernandina, Pensacola, Apalachicola, Mobile and New Orleans. They shall exempt coastwise vessels from the payment of pilotage fees,. both inward and outward, unless pilotage services are tendered outside the bar, and they shall provide that coastwise vessels changing ports of this State shall pay the inward pilotage at the first port of entry only, and the outward pilotage from each port or ports at which such vessels shall load cargo in whole or in part; but they shall allow vessels running coastwise under the United States license to pay, after paying the inward pilotage for that trip, an annual license fee of twenty-five cents per registered ton, which shall belong to the pilot entitled to the inward pilotage fee, and the payment of said license fee shall exempt at that port said vessel for twelve months thereafter

Page 18

from compulsory employment of a pilot, either inward or outward, or payment therefor, unless services of a pilot are accepted; licenses shall be granted only after they are paid the inward pilotage for that trip if service has been tendered outside the bar; and any vessel, while in a port for which she has had a license, may, within ninety days after the expiration of said license, make application for, and, on payment of the license fee, shall receive a new license for twelve months from the date of the expiration of the old license. They shall allow half the regular pilotage fees to be collected from all vessels, except those exempt by laws of the United States. or licensed as provided for in this chapter, ealling at the bar of any of the beforenamed ports or rivers in ballast, seeking for orders, if they do not load but leave in ballast, and allow half the regular pilotage fees, both inward and outward, on all vessels returning to the port at which they loaded, before completing the voyage, from stress of weather, or from being damaged or disabled; but vessels subject to go into quarantine shall pay full pilotage fees inward and outward. 1901 amended. To be read as amended. 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 16, 1915. NO RAILWAY PARALLEL TO WESTERN ATLANTIC TO BE INCORPORATED. No. 87. An Act to amend Section 2577 of the Code of 1910, providing for the issuance of corporate powers to railroads, so as to prevent the issuance of any corporate power to any private company to parallel the tracks of the Western Atlantic Railway, so long as the same is the property of the State, and for other purposes.

Page 19

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 2577 of the Code of 1910 be and the same is hereby amended by adding the following [Illegible Text] No corporate power or privilege shall ever be granted by the Secretary of State to any private company to build a line of railway parallel with the track of the Western Atlantic Railway so long as the same remains the property of this State. So that said section when so amended will read as follows: 2577 amended. SECTION 2577. Corporate powers to railroads granted by Secretary of State. All corporate powers and privileges to railroad companies in this State shall be issued and granted by the Secretary of State, upon the terms, liabilities, restrictions and subject to all the provisions of this Article and the Constitution of this State. If by reason of any interest in the proposed corporation the Secretary of State should be disqualified, the duties required to be per formed by the Secretary of State shall be performed by the Comptroller-General. No corporate power or privilege shall ever be granted by the Secretary of State, to any private company to build a line of railway parallel with the track of the Western Atlantic Railway, or that will depreciate the value of said Western Atlantic Railway, so long as the same remains the property of this State. To be read. No road to parallel W. A. 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, 1915.

Page 20

INSANE PERSONSWAIVER OF NOTICE. No. 192. An Act to amend Section 3092 of the Civil Code of 1910, by inserting in the seventh line thereof between the words State and shall the following: or where such notice is waived in writing by such relatives, and affidavit is made by any one of such relatives or other person, that such person is violently insane, and is likely to do himself bodily injury and where the truth of such affidavit has been verified in writing by a practicing physician appointed by the ordinary to examine such person, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 3092 of the Civil Code of 1910 be and the same is hereby amended by inserting in the seventh line thereof, between the words State and shall in said line, the following: or where such notice is waived in writing by such relatives, and affidavit is made by any one of such relatives, or other person, that such person is violently insane and is likely to do himself bodily injury, and where the truth of such affidavit has been verified in writing by a practicing physician appointed by the ordinary to examine such person; so that said section, when amended, shall read as follows: Section 3092. Examination of capacity to manage his estate. Upon the petition of any person, on oath, setting forth that another is liable to have a guardian appointed (or is subject to be committed to the Georgia State Sanitarium), the ordinary, upon proof that ten days' notice of such application has been given to the three nearest adult relatives of such person, or that there is no such relative within this State, or where such notice is waived in writing by such relatives, and affidavit is made by any one of such relatives or other person, that such person is violently insane, and is likely

Page 21

to do himself bodily injury, and where the truth of such affidavit has been verified in writing by a practicing physician appointed by the ordinary to examine such person, shall issue a commission directed to any eighteen discreet and proper persons, one of whom shall be a physician, requiring any twelve of them, including the physician, to examine by inspection the person for whom guardianship (or commitment to the Sanitarium) is sought: provided, that in all lunacy cases the legal number of jurors shall be six, one of whom shall be a physician, unless twelve are demanded by the party being tried, or by some one of his relatives or friends; and to hear and examine witnesses on oath, if necessary, as to his condition and capacity to manage his estate, and to make return of such examination and inquiry to the said ordinary, specifying in such return under which such classes they find such person to come. Such commission shall be sworn by any officer of this State authorized by the laws of this State to administer an oath, well and truly to execute said commission to the best of their skill and ability, which oath shall be returned with their verdict. 3092 amended. To be read. Waiver of notice. Affidavit. 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, 1915. WAGES OF DECEDENT, PAYMENT OF. No. 141. An Act to amend Section 3134 of Volume 1 of the Civil Code of 1910 so as to increase the amount of wages payable to widows or minor children from $100 to $300, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

Page 22

the State of Georgia, and it is hereby enacted by authority of the same, That Section 3134 of Volume 1 of the Civil Code of 1910 be and the same is hereby amended by striking the words one hundred wherever they appear in said section, and substituting therefor the words three hundred, so that when amended said section will read as follows: 3134 amended. SEC. 3134. Wages of Deceased Employee Paid to Widow, Minors or Guardian. It shall be lawful upon the death of any person employed by any railroad company or other corporation doing business in this State, who may have wages due him by said railroad company or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages when they do not exceed three hundred dollars, and, in case such wages exceed three hundred dollars, to pay the sum of three hundred dollars thereof to the surviving widow of such employee; in case he has no surviving widow, but leaves surviving a minor child or children, then said sum shall be paid to said minor child or children without any administration upon the estate of said employee, and said funds to the amount of three hundred dollars after the death of said employee is hereby exempt from any and all process of garnishment. To be read. $300 payable. SEC. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915.

Page 23

TITLE III. SUPERIOR COURTS. ACTS. Bacon Superior Court, Three Terms. Ben Hill Superior Court, Four Terms. Candler Superior Court, Four Terms. Clayton Superior Court, Terms Changed. Miller Superior Court, Four Terms. Murray Superior Court, but Two Terms. Tattnall Superior Court, but Two Terms. Toombs Superior Court, Grand Juries. Walker Superior Court, but Two Terms. BACON SUPERIOR COURT, THREE TERMS. No. 29. An Act to provide for holding three terms a year of the Superior Court of Bacon 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 three terms of the Superior Court in and for the county of Bacon, said State, in the [Illegible Text] Judicial Circuit. Three terms a [Illegible Text] SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall be held on the fourth Monday in January, on the fourth Monday in June, and on the third Monday in November of each year, and that the length of each term shall be one week. Times of holding. SEC. 3. Be it further enacted by the authority aforesaid, That the judge of said court shall draw a grand jury for the January and November terms only of said court; provided, nevertheless, that the judge of said court in his

Page 24

discretion, if the business of the court shall require, may draw a grand jury for the June term, to be drawn and summoned as other grand juries are drawn and summoned. Said June term of said superior court shall be held only for the trial of criminal cases. Grand jury, when drawn. SEC. 4. Be it further enacted by the authority aforesaid, That this law shall become effective instanter. 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 6, 1915. BEN HILL SUPERIOR COURT, FOUR TERMS. No. 80. An Act to provide for the holding of four terms of the Superior Court of Ben Hill County each year, and to fix the time of the holding of said terms, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be held each year four terms of the Superior Court in and for the county of Ben Hill, State of Georgia, in the Cordele Judicial Circuit. Four terms a year. SEC. 2. Be it further enacted by the authority aforesaid, That the Superior Court of Ben Hill County shall be held on the first and second Mondays in January, on the first and second Mondays in April, on the first and second Mondays in July, and on the first and second Mondays in October of each year, after the passage of this Act. Times of holding. SEC. 3. Be it further enacted by the authority aforesaid, That a grand jury shall be drawn only for the terms

Page 25

of said court convening in January and October of each year; provided, however, the presiding judge may, in his discretion require the attendance of the grand jury at the April and July terms of said court, or either of them, if, in his opinion, the business of the court shall so require. Grand jury, when drawn. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. CANDLER SUPERIOR COURT, FOUR TERMS. No. 77. An Act to provide for the holding of four terms of the Superior Court of Candler County, and to prescribe the time for holding the same, and to change time for holding present terms, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the county of Candler, State of Georgia, in the Middle Judicial Circuit. Four terms a year. SEC. 2. Be it further enacted, That the terms of said court shall be changed from the third Mondays in February and August and the said terms shall begin on the first Mondays in February, May, August and November in each year. Times of holding changed SEC. 3. Be it further enacted by the authority aforesaid, That the judge of the said court shall draw a grand jury for the February and August terms only of said court. Provided, nevertheless, that the judge of said court, in his discretion, if the business of the court shall require, draw a grand jury for the May and November terms, to be drawn

Page 26

and summoned as other grand juries are drawn and summoned. Grand jury, when drawn. SEC. 4. Be it further enacted by the authority aforesaid, That this law shall become effective on the first day of January, 1916. When effective. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. CLAYTON SUPERIOR COURT, TERMS CHANGED. No. 39. An Act to change the time of holding the Superior Courts in and for the county of Clayton in the Stone Mountain Judicial Circuit, from the fourth Mondays in February and August of each year to the third Mondays in February and August of each year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That from and after December 31st, 1915, the time of holding the Superior Courts in and for the county of Clayton in the Stone Mountain Judicial Circuit, be and the same is hereby changed from the fourth Mondays in February and August of each year to the third Mondays in February and August of each year. Times of holding court changed. SEC. 2. Be it further enacted, That all proceedings, bills, writs, summons, subp[oelig]nas, bail bonds, mesne and final processes and other proceedings of whatever kind now returnable and pending in said courts as the terms are now provided, shall hold good and relate to the terms of said courts as provided by this Act. Proceedings [Illegible Text]. SEC. 3. Be it further enacted, That all laws and parts

Page 27

of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. MILLER SUPERIOR COURT, FOUR TERMS. No. 53. An Act to provide for the holding of four terms in each year of the Superior Court of Miller County, to provide for the times for holding same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the county of Miller in the [Illegible Text] Circuit. Four terms a year. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall begin and be held on the fourth Monday in January, the fourth Monday in April, the fourth Monday in July, and the fourth Monday in October in each year. Times of holding. SEC. 3. Be it further enacted by the authority aforesaid, That the judge shall only draw a grand jury for the April and October terms of said court; provided, that the judge in his discretion may draw and require the attendance of the grand jury at the January and July terms, if in his discretion the business of the county demands it, but the duties of the grand jury shall not require them to perform any other service at said January and July terms than they shall be charged by the presiding judge to attend to at such term. Grand jury, when drawn. SEC. 4. Be it further enacted by the authority aforesaid, That should any defendant desire to enter a plea of guilty in said court, he or she may waive indictment by the

Page 28

grand jury, and the solicitor-general shall draw an accusation against said defendant which shall answer every purpose of an indietment. [Illegible Text] if [Illegible Text] walved. 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 9, 1915. MURRAY SUPERIOR COURT, BUT TWO TERMS. No. 4. An Act to repeal an Act approved August 17, 1912, To provide for quarterly terms of the Superior Courts of the counties of Murray and Gordon, and for other purposes, so far as it relates to Murray County. 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 August 17, 1912, providing for quarterly terms of the Superior Courts for the counties of Murray and Gordon be and the same is hereby repealed, so far as it relates to Murray County. Terms reduced to two a year. SEC. 2. Be it further enacted, That from and after the first day of August, 1915, the Superior Courts of Murray County shall be held semi-annually, as follows: The second Mondays in August and February of each year, and that a grand jury shall serve at each term of the said court. Times of holding. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1915.

Page 29

TATTNALL SUPERIOR COURT, BUT TWO TERMS. No. 21. An Act to provide for holding two terms a year of the Superior Court in Tattnall County, to prescribe the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be held in each year two terms of the Superior Court in the county of Tattnall, in the Atlantic Circuit. Terms reduced to two a year. SEC. 2. Be it further enacted, That the terms of said court shall begin on the first Monday in January and in July in each year, and each term shall run for two weeks if necessary to clear the dockets of said court. Times of holding. SEC. 3. Be it further enacted, That all petitions, processes and suits of all kinds, and all bonds, civil and criminal, returnable to the October term 1915 are hereby made returnable to the January term 1916 of said Tattnall Superior Court. Processes when returnable SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 2, 1915. TOOMBS SUPERIOR COURT, GRAND JURIES. No. 17. An Act to amend an Act providing for holding four terms a year for the Superior Court of Toombs County and to prescribe the time of holding the same, and for other purposes; said Act approved August 10, 1912.

Page 30

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 provide for holding four terms a year of the Superior Court of Toombs County and to prescribe the time of holding the same, and for other purposes, be amended as follows: Act of 1912 amended. SEC. 2. Be it enacted by authority aforesaid, That Section 4 of said Act referred to in Section 1 of this Act be amended by striking out the word May in line 3 of said section and substituting in lieu of the same the word February, so that said section when thus amended will read as follows: Be it further enacted by the authority aforesaid, That the grand jury shall not be called to meet only at the February and August term in each year; provided, that the presiding judge may call them to convene at the May and November terms, if in his discretion the exigencies of the case will permit and authorize the calling of the said grand jury into session at the said May and November terms. Provided, further, that when said presiding judge shall call the grand jury to meet at the said May and November terms, they shall only transact the business for which they were subp[oelig]naed, and called to convene by the said presiding judge. To be read. Grand Jury, when drawn. SEC. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1915. WALKER SUPERIOR COURT BUT TWO TERMS. No. 86. An Act to provide for bi-annual terms Superior Court, Walker County, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

Page 31

the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1916, the Superior Court of the county of Walker and State of Georgia, shall be held bi-annually as follows: On the third Monday in February and August of each year. Terms reduced to two a year. When held SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915.

Page 32

TITLE IV. MISCELLANEOUS. ACTS. Accusations in Misdemeanor Cases. Banks Members of Federal Reserve Bank. Costs of Misdemeanor Convictions. Juvenile Courts in Certain Counties. Law Libraries in Certain Counties. Live Stock, Single Mark and Brand. Pensions to Confederate Soldiers and Widows. Registration of Voters in Certain Counties, as to Incurring New Debt. Tax Collectors and Sureties, Hearing when Execution Issued. Teachers, Prompt Payment of, by Discounting Warrants. ACCUSATIONS IN MISDEMEANOR CASES. No. 106. An Act to authorize prosecuting officers to prefer accusations in certain misdemeanor cases returnable to the Superior Courts, 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, in all misdemeanor cases in which the defendants have been bound over to the Superior Court, or are confined in jail pending commitment trial, or are in jail, having waived commitment trial, the prosecuting officers of such court shall have authority to prefer accusations, and such parties shall be tried upon such accusation; provided, that parties going to trial under such accusations shall in writing waive indictment by a grand jury. Trial on accusation, where indictment waived. 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, 1915.

Page 33

BANKS MEMBERS OF FEDERAL RESERVE BANK. No. 143. An Act to authorize and empower State banks, savings banks and trust companies, organized under the laws of the State of Georgia, to subscribe for stock and become members of the Federal Reserve Bank, authorized under Act of Congress adopted December 23, 1913. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That all State banks, savings banks and trust companies, organized under the laws of the State of Georgia, be and they are hereby authorized and empowered to subscribe for stock and become members of the Federal Reserve Bank of the district to which they may properly be assigned by the Federal Reserve Board in accordance with the Act of Congress adopted December 23, 1913; provided, the same is approved by resolution of the Board of Directors of such bank and in accordance with the requirements of the Federal Reserve Act. State banks authorized to subscribe for stock SEC. 2. Be it further enacted, etc., That any such State banks, savings banks or trust companies, which may subscribe for stock in the Federal Reserve Bank and become a member thereof, shall be required to conform to the regulations of such Federal Reserve Bank and of the Federal Reserve Board. Required to conform to rules. SEC. 3. This Act shall not be construed as requiring or compelling the said institutions to become members of said Federal Reserve Bank system, but only as giving them the right to do so at their election and option. Not [Illegible Text] to be members. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1915.

Page 34

COSTS OF MISDEMEANOR CONVICTIONS. No. 249. An Act to amend an Act entitled An Act to provide for the payment, by counties in this State having a population, according to the census 1900, of not less than twenty-four thousand eight hundred and ninety, nor more than twenty-four thousand nine hundred and ninety-five, and in counties having populations of not less than twenty-two thousand six hundred and twenty-five, nor more than twenty-two thousand six hundred seventy-five, of actual cost incurred in the Superior Courts and City Courts for the trial and conviction of misdemeanor convicts worked by the said counties upon the public roads of same, approved August 13, 1910, by striking from the sixth and the seventh lines of Section 1 of said Act the words, and in counties having populations not less than 22,625 nor more than 22,675, and for 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 provide for the payment, by counties in this State having a population, according to the census of 1900, of not less than 24,890 nor more than 24,995, and in counties having populations of not less than figures 22,625, nor more than 22,675, of actual cost incurred in the Superior Courts and City Courts for the trial and conviction of misdemeanor convicts worked by the said counties upon the public roads of same, be and the same is hereby amended by striking from the sixth and seventh lines of Section 1 of said Act the words, and in counties having populations of not less than 22,625 nor more than 22,675, so that said section when amended shall read as follows: Be it enacted by the General Assembly

Page 35

of the State of Georgia, and it is hereby enacted by authority of the same, That from and after passage of this Act, in all counties in the State having, according to the United States Census for 1900, a population of not less than 24,890 nor more than 24,995, and which said counties operate and maintain a chaingang for work upon the public roads of the same, the County Commissioners, or other county officer having charge of the fiscal affairs of said county, shall, upon receipt of misdemeanor convicts which have been convicted in the Superior or City Courts of said counties, pay to the officers of said courts, out of the county treasury, as compensation for services rendered in the trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of justices of the peace and constables in said case shall also be paid by said authority. Act of [Illegible Text] amended. To be read as amended. 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 16, 1915. JUVENILE COURTS IN CERTAIN COUNTIES. No. 210. An Act to establish in certain counties Juvenile Courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation

Page 36

of the Judge, the Probation Officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinqueney or neglect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That, in counties having a population of sixty thousand (60,000) or more, Juvenile Courts are created and established with original and exclusive jurisdiction of all cases coming within the terms and provisions of this Act. This Act shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purpose herein set forth. See Law v. [Illegible Text] 143 Ga. Act applies in what counties. Liberal construction. SEC. 2. This Act shall apply to all children under sixteen years of age, (a) Who violates any penal law or any municipal ordinance, or who commits any act or offense for which he could be [Illegible Text] in a method partaking of the nature of a criminal action or proceeding, except in crimes punishable by death or life imprisonment, or To what child [Illegible Text] (b) Who engage in any occupation, calling, or exhibition or is found in any place for permitting which an adult may be punished by law, or who so deport themselves, or himself, or is in such condition or surroundings or under such improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of such child, or (c) Who come within the provision of any law for the education, care, and protection of children, or (d) Whose custody is the subject of controversy of any suit; provided, however, that jurisdiction in such cases shall be vested in courts of record where the law now gives courts of record exclusive jurisdiction, and that said courts of record shall have concurrent jurisdiction in all other cases arising under division (d) of this section. The

Page 37

judge of any court, except as above provided, in which there is pending any suit in which there is involved the question of the custody of any child shall refer and trans fer by proper order said question of custody to the juvenile court to be heard and determined by it. SEC. 3. Any person having knowledge or information that a child is within the provisions of the [Illegible Text] section may file with the juvenile court a verified petition stating the facts that bring such child within said provisions. The petition may be upon information and belief. The title of the proceeding shall be In the Juvenile Court of_____County. In the matter of_____ a child under _____ years of age. The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and [Illegible Text] of the person having the guardianship, custody, control and supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact. [Illegible Text], by whom filed. SEC. 4. Upon filing the petition, the court may forthwith, or after first causing an investigation to be made by a probation officer or other person, cause a summons to be issued, signed by the judge or the special clerk of said court, requiring the child to appear before the court, and the parents or the guardian, or the person having the eustody, control or supervision of the child, or the person with whom the child may be, to appear with the child, at a place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this Act. Investigation and [Illegible Text] SEC. 5. If it appears from the petition that the child is embraced within subdivision (a) of Section 2, or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may endorse upon the summons a direction that the officer serving the same shall at once take said child into his custody. Taking child into custody. SEC. 6. Service of summons shall be made personally

Page 38

by delivering to and leaving with the person summoned a true copy thereof. If it shall be made to appear by affidavit that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court at any stage of the proceeding may make an order for substituted service of the summons, and if such parties are without said county, service may be made by mail, by publication, or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested, shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in courts of record. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases under subdivision (a) of Section 2; provided that, however, for good cause shown, the court make an order dispensing with such service. Service of summons. SEC. 7. The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt, without the intervention of a jury. Contempt of court. SEC. 8. Upon the return of the summons, or at any time set for the hearing, the court shall proceed to hear and determine the case. The court may conduct the examination of the witnesses without the assistance of counsel, and may take testimony and inquire into the habits, surroundings, condition and tendencies of said child to enable the court to render such order or judgment as shall best conserve the welfare of said child and carry out the objects of this Act, and the court, if satisfied that the child is in need of the care, discipline and protection of the court may so [Illegible Text] and may, in addition, find said child to be in a state of delinquency or neglect and may further

Page 39

render such judgment and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this Act. Hearing of the case. SEC. 9. The court may place the child in the care and control of a probation officer and may allow such child to remain in its home, subject to the visitation and control of the probation officer, to be returned to the court for further proceeding whenever such action may appear to the court to be necessary; or, the court may authorize the child to be placed in a suitable family home subject to the friendly supervision of the probation officer and the further order of court; or, it may authorize the child to be boarded out in some suitable family home in such manner as may be provided by law, or arranged by voluntary contributions or otherwise, until suitable provision may be made for the child in a home without such payment; or, the court may commit the child to any institution that may care for children within or without the county, incorporated or otherwise, or to any such institution without the State. Probation officer, child in care of SEC. 10. It is the intention of this Act that in all proceedings coming under its provisions the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. Child a ward of the State. SEC. 11. The court shall [Illegible Text] the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. The records of all cases may be withheld from indiscriminate public inspection in the [Illegible Text] of the court; but such records shall be open to inspection to such a child, his parents, or guardians, at all times. The hearing may be conducted in the judge's chambers, or in such other room or apartment as shall be provided for such cases. Exclusion of the public. Inspection of records

Page 40

SEC. 12. No adjudication under the provisions of this Act shall operate as a disqualification of the child for any office, state or municipal, and such child shall not be denominated a criminal by reason of any such adjudication, nor shall such adjudication be denominated a conviction. Adjudication no conviction of crime. SEC. 13. Until first the hearing of the case by the court, the chief probation officer, or any assistant probation officer, or any other official duly authorized so to do by the court, may release the child upon its own recognizance, or upon the recognizance of the parent or the person having the custody, control or supervision of the child, to appear before the court at such time as may be therein fixed. Any child embraced in this Act shall have the right now given by law to any person to give bond or other security for its apperance at the hearing. Release of child on recognizance. SEC. 14. Nothing in this Act contained shall be construed as forbidding the arrest, with or without warrant, of any child, as now or hereafter may be provided by law, or as forbidding the issuing of warrants by magistrates, as provided by law. Whenever a child less than 17 or 18 years of age, according to sex, is brought before a magistrate, such magistrate shall transfer the case to the juvenile court by an order directing that said child shall be taken forthwith to the detention home. Such magistrates may, however, by order admit such child to bail, or release said child in the custody of some suitable person, to appear before said juvenile court at a time designated in the said order. Arrests not excluded. Transfer of cases to Juvenile Court. SEC. 15. All papers and processes in the hands of such magistrates shall be forthwith transmitted to the juvenile court, and shall become part of its records. The juvenile court shall thereupon proceed to hear and dispose of such case in the same manner as if the proceeding had been instituted in said juvenile court upon petition, as hereinbefore provided. In all cases the nature of the proceeding shall be explained to said child, and, if they appear, to the parents, custodian, or guardian. Between the time of the

Page 41

arrest of such child with or without warrant, and the appearance of said child before the juvenile court, if not released, he shall be detained subject to the order of the latter court. Hearing. Detention. SEC. 16. The court may, in its discretion, in any case of a delinquent child brought before it as herein provided permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crime, and in such case the petition, if any, filed under this Act shall be dismissed and the child shall be transferred to the court having jurisdiction of the offense. [Illegible Text] procedure SEC. 17. An appeal may be taken to the Supreme Court from any order of the court committing any child to an institution, or from any order changing the custody or guardianship of any child, within the time and in the manner provided by law or rule of court for appeals in civil cases; provided, that no such order shall be superseded, except in the discretion of the judge, but the order of court shall stand until reversed or modified by the Supreme Court; provided, further, that the pendency of an appeal shall not preclude or prevent the juvenile court during the pendency of said appeal, at a subsequent hearing for cause shown, to modify any order theretofore made, although the effect of such modification may be to suspend the appeal. All appeals under this Act shall proceed by fast bill of exceptions as provided for in Section 6153 of the Code of 1910. Appeal to Supreme Court. Supersedeas in discretion of judge Fast bill of exceptions. SEC. 18. The judge of the juvenile court may arrange with an incorporated society or association maintaining a suitable place of detention for children in the county, for the use thereof as a temporary detention home for children coming within the provisions of this Act, and may enter an order which shall be effectual for that purpose; and a reasonable sum shall be appropriated by the county commissioners or the authority having control of county matters for the expenses incurred by said society or association

Page 42

for the case of such children. If, however, the judge of the juvenile court shall certify that a suitable arrangement for such use can not be made, or continued, the county commissioners or the authority having control of county affairs shall establish, equip and maintain a home for the temporary detention of such children separated entirely from any place of confinement of adults, to be called The Detention Home, which shall be conducted as an agency of the juvenile court for the purpose of this Act, and so far as possible, shall be furnished and carried on as a family home and school in charge of a superintendent and a matron who shall reside therein. Detention home. Appropriation for expenses. SEC. 19. The judge of the juvenile court shall have authority to appoint said superintendent, matron and the other employees of said detention home in the same manner in which probation officers are appointed under this Act, their salaries to be fixed and paid in the same manner as the salaries of probation officers. The said judge may appoint as such superintendent or matron one of the probation officers with or without additional salary. Suitable arrangements shall be made for the education of all children under detention and to that end the judge of the juvenile court is authorized and empowered to arrange with the board of education of the county or city in which such detention home is situated for the necessary teachers for said children. The necessary expenses incurred in maintaining said detention home shall be paid by the county. In no case shall any child coming within the provisions of this Act (and less than 16 years of age) be detained in or committed to a jail, common lock-up, or other place where said child can come into contact at any time or in any manner with adults convicted or under arrest. Who may be probation officers. Salary. Teaching of children. Expenses. No jailing. SEC. 20. The court is authorized to seek the co-operation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which will conserve the welfare

Page 43

of such children. And it is hereby made the duty of every county, town or municipal official or department, in said county, to render such assistance and co-operation within his or its jurisdictional power to further the objects of this Act. All institutions, associations or other custodial agencies in which any child may be, coming within the provisions of this Act, are hereby required to give such information to the court or any of said officers appointed by it as said court or officers may require for the purposes of this Act. Co-operation of societies, etc. Municipalities required to co-operate. SEC. 21. The judge of the Superior Court of the county shall appoint the judge of said juvenile court for a term of six (6) years, and shall fix the compensation. Any attorney-at-law, who has practiced for three or more years shall be eligible to hold office as judge of said court, provided that among his qualifications shall be interest in children and knowledge of the problems of social service, of philanthropy and of child life. Judge, appointment term, salary eligibility. SEC. 22. The juvenile court shall appoint a probation officer to serve under the direction of the court in all cases arising under this Act, such officer to be paid out of the funds of the county. The court may appoint one or more deputy probation officers to be paid for their services out of the funds of the county. The same power of appointment shall apply to such other officers as the court may require. Probation officers to be paid. SEC. 23. In addition, the court may appoint volunteer probation officers to serve without compensation, subject to such regulations and direction as the court may deem proper. Volunteers. SEC. 24. All appointments of probation officers paid out of the funds of the county shall be made on the basis of merit only, determined by a public competitive examination, held by three examiners appointed by the court. The examiners shall conduct the examination of all applicants and shall certify to the court for appointment to each position the names of the three highest (unless the number of applicants

Page 44

is less than three) from which appointment shall be made. Appointments, how made. SEC. 25. Any probation officer may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing. Removal. SEC. 26. Whenever there is to be a child brought before the court under this Act, it shall be the duty of the clerk of said court to notify the probation officer in advance. It shall be the duty of the probation officer to make such investigation of the child as may be required by the court; to be present in court at the hearing of all cases and to furnish to the court such information and assistance as the judge may require; to take charge of any child before and after hearing as may be directed by the court. Probation officers shall have all the powers of peace officers anywhere in the State for all purposes of this Act. During the probationary period of any child and during the time that said child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, said child shall always be subject to the friendly visitation of the probation officer or other agent of the court. Notice. Duty of officer. Powers. Visitation. SEC. 27. Any final order or judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of the jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of said child and the best interests of the State. No order changing the form of commitment or transfer of custody of a child to some other institution or agency shall be made except upon ten days' written notice to the

Page 45

guardian, institution or agency, to whose care such child has been committed, unless such guardian, institution, or agency consents thereto. Final order may be modified or changed. Notice. SEC. 28. All girls embraced within the provisions of this Act who shall be committed to or released from any institution shall be taken to and from such institution by a woman, except when ordered otherwise by the judge. Girls. SEC. 29. The court may appoint one or more persons as probation officers to act as referee in the first instant to hear any cases coming within the provisions of this Act and make report thereof together with said referee's conclusions and recommendations. If no exception be taken to said report and no review be asked thereof, such report and recommendations, if confirmed, shall become the judgment of said court. A review of the conclusions and recommendations of said referee may be had by any child, the parent, guardian or custodian of any child, by filing a petition for review thereof with said referee at any time within three days after the entry of the finding of said referee. Referees. Reports as judgments. Review SEC. 30. The probation officer and the deputy probation officers shall receive such salaries as may be prescribed by the court. Salaries. SEC. 31. Whenever any child is found to be in such condition, surroundings or under such improper or insufficient guardianship as to lead the court in its discretion, to take the custody of said child away from its parents and place it in some institution or under some other custodial agency, the court may, after issuing and service of an order to show cause upon the parents or other persons having the duty under the law to support said child, adjudge that the expense of caring for said child by said custodial agency or institution as fixed by the court shall be paid by the person or persons bound by law to support said child. In such event such person or persons shall be liable to pay to such custodial agency or institution and in such manner as the court may direct the money so adjudged to be payable by him or them. Wilful failure to pay said sum may

Page 46

be punished as a contempt of court and the order of the court for the payment of said money may be enforced as money judgments of courts of records are enforced. Expenses of care, etc., duty to pay. Contempt by non payment. SEC. 32. Whenever a child within the jurisdiction of said court and under the provisions of this Act appears to the court to be in need of medical care, a suitable order may be made for the treatment of such child in a hospital, and the expense thereof shall be a county charge. For that purpose the court may cause any such child to be examined by any health officer within the jurisdiction of the court, or by any duly licensed physician. The county may recover the said expense in a suitable action from the person or persons liable for the furnishing of necessaries for said child. Medical care. SEC. 33. Whenever it shall appear to the court, in the case of any child who has been taken from its home or the custody of its parents, that conditions have so changed that it is consistent with the public good and the welfare of said child that the parents again have the custody of said child, the court may make a suitable order in the premises. Changed conditions. SEC. 34. In committing any child to any custodial agency, or placing it under any guardianship other than that of its natural guardians, the court shall, as far as practicable, select as the custodial agency some individual holding the same religious belief as the parents of said child, or, in the case of private institutions or associations, some institution or association governed by persons of like religious faith. Religious beliefs. SEC. 35. Whenever, in the course of a proceeding instituted under this Act, it shall appear to the said court that the welfare of said child will be promoted by the appointment of an individual as general guardian of his property, and of his person, when such child is not committed to any institution or to the custody of any incorporated society, the court shall have jurisdiction to make such appointment either upon application of the child or some relative or

Page 47

friend, or upon the court's own motion. In that event, an order to show cause may be made by the court to be served upon the parent or parents of said child in such manner and for such time prior to the hearing as the court may deem reasonable. In any case arising under this Act, the court may determine as between parents, whether the father or mother shall have the custody, tuition and direction of said child. Guardian of property. Custody. SEC. 36. If in adjudging a child to be delinquent, the court shall find as an element of such delinquency that such child has committed an act involving liability in a civil suit, the court may require that such child shall make restitution or reparation to the injured person to such an extent, in such a sum, and upon such conditions as the court shall determine. Civil liability of child. SEC. 37. Whenever, in the course of any proceedings instituted under this Act, it shall appear to the said court that a parent, guardian, or person having the custody, control or supervision of any delinquent or neglected child, or any other person, has knowingly or wilfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect, or has knowingly or wilfully done any act or acts to directly produce, promote, or contribute to the conditions which render such a child delinquent or neglected, the court shall have jurisdiction in such matters, and shall cause such parent, guardian, or other person, as the case may be, to be brought before it, upon either a summons or a warrant for such order in the premises as the court may see fit to make. The court shall have full power to hear and determine said matter against such parent, guardian, or other person, in the manner provided by law, for the trial of misdemeanors, and upon conviction such parent, guardian, or other person may be punished as provided by law in cases of misdemeanor; provided, that all cases against adults shall be tried before a jury of six, drawn by the judge from a panel of twelve from the latest jury list of any of the courts in the county using juries; provided, also, that whenever the facts constituting an adult's contributing

Page 48

to the [Illegible Text] or neglect of a child under this article also constitute a crime as now is, or hereafter shall be, defined among the crimes against the State of Georgia the juvenile court shall have merely the power to commit such case before the proper criminal court; provided, also, that facts proved against a child in establishing the child's [Illegible Text] such as would constitute a crime if the child were not relieved by this article of criminal responsibility, shall be sufficient as a basis to enable other courts to [Illegible Text] adults as principals or accessories, as the case might be; provided, that for the purpose of enforcing its judgments the court may in its discretion continue the proceedings against such parent, guardian, or other person, on probation. The court may further in its discretion as a part of the judgment require such person to enter into a bond, with or without [Illegible Text] in such sums as the court may direct, to comply with the orders of the court. Neglect by parents, etc. Hearing. Punishment. Juries. Power only to commit case. Basis of prosecution. Continuance. Bond. SEC. 38. The judge may appoint a board of not less than six, nor more than ten, reputable inhabitants, of which one-half shall be men and one-half women, who shall serve without compensation or salary of any kind whatsoever, to be called the Advisory Board of the Juvenile Court. The members of this board shall hold office during the pleasure of the court. The duties of said board shall be as follows: Advisory board. 1. To visit as often as possible all institutions, societies or associations receiving children under this Act. Such visits shall be made by not less than two members of said board, who shall go together and make a report, and said board shall report to the court from time to time the condition of the children received by, or in charge of, any persons, institutions or associations and shall make an annual report to the judge of said court. Their duties. 2. To advise and co-operate with the court upon all matters affecting the workings of this Act, and to recommend to the court any and all needful measures for the purpose of carrying out the provisions of this Act. SEC. 39. The court shall have the power to devise and publish rules and regulate the procedure for cases coming

Page 49

within the provisions of this Act, and for the conduct of all probation and other officers of this court, and such rules shall be enforced and construed beneficially for the remedial purposes embraced therein. The court may devise and cause to be printed for public use such forms for records and for various petitions, orders, processes and other papers and reports connected with cases coming within the provisions of this Act. All expenses incurred by the court in complying with the provisions of this Act shall be paid out of county funds. Rules and [Illegible Text] of [Illegible Text] [Illegible Text] SEC. 40. All provisions of laws inconsistent with or repugnant to this Act shall be considered inapplicable to the cases arising under this Act. Approved August 16, 1915. LAW LIBRARIES IN CERTAIN COUNTIES. No. 153. An Act giving all counties in this State having a population of one hundred thousand or more, as fixed by the United States Census, the right to establish and maintain law libraries for the use of the officers of the court, to pay the expenses thereof, to provide rules for the regulation and maintenance therefor, 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 same, That, from and after the passage of this Act, it shall be lawful for all counties of this State, having a population of one hundred thousand people to establish, equip, and maintain, under the provision of this Act, law libraries for the use of the officers of the court, and as a part of the expenses of the court and litigation, as provided by the Constitution of this State. In county of 100,000 [Illegible Text] more. [Illegible Text]

Page 50

SEC. 2. Be it further enacted, That whenever it shall be determined by the Board of Commissioners of Roads and Revenues of the counties as specified in Section 1 of this Act, or, in the absence of such board, by the ordinary, a law library may be established as aforesaid; provided, that the total initial expense incident to the purchase of books and equipment shall not exceed five thousand dollars, and the total expenditure for librarian, books, and all other expense for the maintenance of such library shall not exceed fifteen hundred dollars per annum after said library shall have been established, to be paid from the county treasury, on order of the commissioners or ordinary, in such way as may be determined under and by direction of the Board of Commissioners of Roads and Revenues, or, in the absence of such Board of Commissioners of Roads and Revenues, the ordinary. How established. Limit of expense. How paid. SEC. 3. Be it further enacted, That said library shall be established and maintained in such manner as the Board of Commissioners of Roads and Revenues or ordinary as aforesaid, shall determine and prescribe. Governed by county authority. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. LIVE STOCK, SINGLE MARK AND BRAND. No. 204. An Act to provide that owners of live stock on the open ranges of this State shall be confined to one mark and brand, to provide a penalty for the violation of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 51

State of Georgia, and it is hereby enacted by the authority of the same, That, from and after the passage of this Act, no person or corporation owning live stock in this State running at large on the open ranges thereof shall be allowed to have but one mark and brand. [Illegible Text] [Illegible Text] mark and brand allowed SEC. 2. Be it further enacted, That should any person or corporation buy live stock for breeding purposes, they shall mark and brand the increase thereof in the mark and brand they already have; in the event they have no mark and brand, they may adopt the mark and brand so purchased. Increase, mark and brand of. SEC. 3. Be it further enacted, That any person or corporation who already have two or more stocks of live stock marked in different marks and brands shall, from and after the passage of this Act, mark and brand the increase thereof in one mark and brand. Mark and brand single. SEC. 4. Be it further enacted by the authority aforesaid, That any person or corporation who shall violate the provisions of this Act shall be guilty of a misdemeanor. Penalty. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. PENSIONS TO CONFEDERATE SOLDIERS AND WIDOWS. No. 110. An Act to amend an Act entitled an Act to put in force the Constitutional amendment, ratified at the November election in 1908, of Paragraph 1, Section 1, Article 7, of the Constitution of this State, providing for the payment of pensions of ex-Confederate soldiers, and to the

Page 52

widows of ex-Confederate soldiers, married prior to the first of January, 1870, not worth over fifteen hundred dollars; to fix the term of service, the annual amount to be paid, the proof to be made, to provide penalty for false and [Illegible Text] swearing in connection therewith, and to make appropriation to pay the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of the Act of 1910, approved July 8, 1910, which reads 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, on and after the passage of this Act, that a pension of sixty dollars be paid annually on the first of January, and before the first of May, to each ex-Confederate soldier and to the widow of each ex-Confederate soldier, who was married prior to the first of January, 1870 (not now drawing a pension from the State of Georgia), who was a bona fide resident citizen of this State on the 4th day of November, 1908, the total value of whose property of every kind and every description of any value whatsoever does not exceed fifteen hundred dollars; who enlisted and was mustered into the organized army of the Confederate States, or the organized militia of the State of Georgia, and performed as much as six months' actual military service as a soldier and was honorably discharged therefrom, be amended by inserting after the word May, appearing on the fifth line of said section, the following: Until 1916, and after that time $70.00 for the year 1917, and $80.00 for 1918, and $90.00 for 1919, and then and after said time the sum of one hundred dollars per annum, to be paid as aforesaid, so that the pension for 1916, payable in 1916, shall be the sum of sixty dollars and after that time $70.00 for the year 1917, and $80.00 for 1918, and $90 for 1919 and after said year the sum of one hundred dollars per annum, payable as aforesaid, and by striking from said section the words

Page 53

therein appearing in parenthesis not now drawing a pension from the State of Georgia; and by inserting between the words pension, and of in the fourth line of Section 1 the words, of one hundred dollars to each pensioner who is totally blind, and to other pensioners a pension; so that said section of said Act when so amended shall read and appear as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act a pension of one hundred dollars to each pensioner who is totally blind, and to other pensioners a pension of sixty dollars, be paid annually on the first of January, and before the first of May, until 1916, and after that time $70.00 for the year 1917, and $80.00 for 1918, and $90.00 for 1919, and then and after said time the sum of one hundred dollars per annum to be paid as aforesaid; so that the pension for 1916 payable in 1916 shall be the sum of $60.00, and after that time $70.00 for the year 1917, and $80.00 for 1918, and $90.00 for 1919, and the pension for each succeeding year thereafter shall be the sum of ($100.00) one hundred dollars to each ex-Confederate soldier, and to the widow of each ex-Confederate soldier who was married prior to the first of January, 1870, who was a bona fide resident citizen of this State on the fourth day of November, 1908, the total value of whose property of every kind and every description of any value whatsoever, does not exceed fifteen hundred dollars, who enlisted and was mustered into the organized army of the Confederate States, or of the organized militia of the State of Georgia, and performed as much as six months of actual military service as a soldier and was honorably discharged therefrom. Act of 1910 amended. To be read as amended. Amounts of pensions. To whom [Illegible Text] SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 12, 1915.

Page 54

REGISTRATION OF VOTERS IN CERTAIN COUNTIES, AS TO INCURRING NEW DEBT. No. 90. An Act to authorize county authorities of counties having a city therein which now has or may hereafter have a population of not less than 60,000, nor more than 150,000, to establish a system of registration to determine the qualified voters at any election held to determine whether such county shall incur any new debt; 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 the county officers having charge of the levying of taxes for any county having a city therein which now has or which may hereafter have a population of not less than 60,000, nor more than 150,000, may establish a system of registration whereby the electors of said county qualified to vote for members of the General Assembly may be registered in order to ascertain those voters entitled to vote at any election held to determine whether such county shall incur any new debt; provided, however, such system shall be advertised daily, for ten days next succeeding the first publication of the notice calling such election, in the newspaper in which the advertisements of the sheriff of said county are published. In what counties applicable. Advertisement of system. SEC. 2. Be it further enacted, That, when such system is thus established and published, it shall be followed and shall control as to who are those entitled to vote at any such election held in any such county; and in determining whether two-thirds of the qualified voters of such county voted in favor of incurring such new debt, only the tallysheets prepared in accordance with such system shall be used. Who entitled to vote as to new debt. SEC. 3. Be it further enacted by the authority aforesaid,

Page 55

That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 11, 1915. TAX COLLECTORS AND SURETIES, HEARING WHEN EXECUTION ISSUED. No. 144. An Act to provide for a hearing in the courts of this State of tax collectors or sureties on their official bonds, when executions have been issued by the Comptroller-General against defaulting tax collectors and sureties on their official bonds; 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 whenever the Comptroller-General shall issue an execution against any defaulting tax collector and the sureties on his official bond, as set forth in Section 1187 of the Code of Georgia, Vol. 1, 1910, the said tax collector or any surety on his official bond shall have the right, at any time after the issuance of said execution and before a sale thereunder, to file an affidavit of illegality against said execution, which said affidavit of illegality shall state any matters of defense which would be available in denial either of the alleged default or the amount thereof as stated in said execution, and which said affidavit of illegality shall be returned to be tried in and disposed of by the Superior Court of the county in which said tax collector held office, in the same manner as provided by law for the trial and disposition of such issues. See Webb v. Newsom, [Illegible Text] Ga. 342. Affidavit of illegality of execution against tax collector and sureties. Return and trial SEC. 2. Be it further enacted, That, upon any final decision by the Superior Court of the issue made by such affidavit of illegality, either party shall have the right of

Page 56

appeal to the Supreme Court as now provided by law for hearings by that court of fast bills of exception. Right of fast bill of exceptions. SEC. 3. That the provisions of Section 5308 of the Code of 1910, which relates to the allowance of damages in cases where affidavits of illegality are filed for purposes of delay only, shall extend to and be applicable to the affidavits of illegality provided herein. Damages for delay. SEC. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. TEACHERS, PROMPT PAYMENT OF, BY DISCOUNTING WARRANTS. No. 139. An Act to provide for the prompt payment of the public school teachers of the State, by authorizing the issuance of the Governor's warrants and the sale of the same; and for other purposes. Whereas, the prompt payment of the public school teachers of the State is impossible under the present system of levying and collecting the State taxes, for the reason that these taxes are not collectible until the end of the year; therefore: Preamble. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That, for the purpose of anticipating collection of the taxes of the current year, the Governor shall be and he is hereby authorized to draw his warrant, at the end of each and every month during the current year, in favor of the State School Superintendent or of the several county school superintendents and treasurers of local school systems, in the discretion of the State Board of Education, for such amount

Page 57

or amounts as are then due the teachers. Said warrants shall be drawn on the funds appropriated by the Legislature for the current year, and shall not exceed in the aggregate amount the appropriation for the public schools so made for that year. The honor of the State is hereby pledged to the payment thereof. Warrants in anticipation of revenue. Limited to fund appropriated. Debt of honor. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be lawful to sell at a discount said warrants to any person, bank, or banking institution, the said sale to be made at the lowest possible rate of discount. [Illegible Text] 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 13, 1915.

Page 59

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

Page 61

TITLE I. CITY AND MUNICIPAL COURTS. ACTS. Albany City Court, Judge's Salary. Barnesville City Court Abolished. Columbus Municipal Court Created. Darien City Court Established. Fitzgerald City Court Abolished. Floyd City Court, Judge's Salary. Fort Gaines City Court, Jurors and Demands for Indictment. Griffin City Court, Judge's Salary. Houston City Court, Fees, Salaries, etc. Irwin City Court Abolished. Leesburg City Court, Jurors. Macon City Court, Officers, Salaries, etc. Miller City Court, Election to Abolish. Madison City Court, Judge and Solicitor. Monticello City Court, Election to Abolish. Reidsville City Court, Jury, Salary, Terms. Saint [Illegible Text] City Court Abolished. Savannah City Court, Procedure, etc. Savannah Municipal Court Established. Statesboro City Court, Jurisdiction and Terms. Waycross City Court, No Cost Deposit. ALBANY CITY COURT, JUDGE'S SALARY. No. 41. 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 duties and powers, and for other purposes (approved December 16, 1897) and Acts amendatory thereof (approved December 20, 1898, and August 5, 1904), so as to increase the salary of the judge of the City Court of Albany.

Page 62

SECTION 1. 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 December 16, 1897, establishing the City Court of Albany and the Acts amendatory thereof be amended, as follows: That the judge of the City Court of Albany shall receive a salary of two thousand seven hundred dollars per annum, which shall be paid monthly by the treasurer of Dougherty County as now provided. Said judge shall receive no other compensation, and shall be disqualified from the practice of law in Dougherty County; provided, said judge shall not be disqualified from the practice of law in the Federal Courts. Acts amended. Salary increased. Disqualifications. 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, 1915. BARNESVILLE CITY COURT ABOLISHED. No. 81. An Act to repeal an Act entitled An Act to establish the City Court of Barnesville, in the city of Barnesville, in Pike County; to define its jurisdiction and powers and to regulate proceedings therein, and for other purposes; approved August 15, 1910; to provide for the disposition of business pending therein and the court papers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the City Court of Barnesville, created and organized under and by virtue of an Act entitled An Act to establish the City Court of Barnesville, in the city of Barnesville,

Page 63

in Pike County; to define its jurisdiction and powers, and to regulate proceedings therein, and for other purposes, approved August 15, 1910, be, and the same is hereby abolished and said Act is hereby repealed. Act of 1910 repealed. SEC. 2. Be it further enacted, That all cases pending in said City Court of Barnesville both civil and criminal, be transferred to the City Court of Zebulon, said county of Pike and tried in said City Court of Zebulon, as if originally filed in said City Court of Zebulon and all illegalities, claims and answers to garnishment proceedings and all other proceedings growing out of any execution, decree or order of said City Court of Barnesville shall be returned to said City Court of Zebulon, and all witnesses subp[oelig]naed in cases pending in said City Court of Barnesville shall attend the City Court of Zebulon from time to time until said cases so transferred shall be disposed of. Transfer of business to Zebulon City Court. SEC. 3. Be it further enacted, That all cases pending in said City Court of Barnesville so transferred to said City Court of Zebulon, shall stand for trial at the next term thereof of said City Court of Zebulon, unless continued therein under the laws regulating continuances of cases in said City Court of Zebulon. SEC. 4. Be it further enacted, That the provisions of this Act shall go into effect from and after the passage and approval of this Act. Effective now. SEC. 5. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. COLUMBUS MUNICIPAL COURT CREATED. No. 96. An Act to abolish justice courts and the office of the peace and notary public ex-officio justice of the

Page 64

peace, and to establish and create in lien thereof a Municipal Court in and for the city of Columbus, and county of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Municipal Court of the city of Columbus and county of Muscogee is hereby established and created under the name of Municipal Court of Columbus, and that from and after the election and qualification of the officers of said Municipal Court of Columbus, no justice court, justice of the peace or notary public ex-officio justice of the peace or constable, shall have or exercise any jurisdiction, civil or criminal, within the incorporate limits of the city of Columbus, as they are now and may be hereafter defined. Municipal Court of Columbus established. Justices' courts abolished in Columbus. SEC. 2. Be it enacted by the authority aforesaid, That said Municipal Court of Columbus, shall have jurisdiction within the incorporate limits of the city of Columbus, concurrent with the superior court to try and dispose of all civil causes or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to be due or claimed to be due, or the value of the property in dispute does not exceed the principal sum of three hundred dollars, and of which jurisdiction is not vested by the Constitution and laws of the State of Georgia, exclusively in other courts. The criminal jurisdiction of said municipal court shall be the jurisdiction in criminal cases now exercised by justices of the peace, notary public ex-officio justices of the peace and justice courts, and shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of the State. Jurisdiction, civil. Criminal.

Page 65

SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a judge and a clerk and a marshal of said court, whose regular term of office shall be four years, and who shall (after the election of the first judge, clerk and marshal as herein provided) be elected by the qualified voters of the county of Muscogee quadriennially at the regular State election for the election of State house officers and members of the General Assembly, next preceding the expiration of the term of office of the said judge; provided, however, that the judge, clerk and marshal of said court first elected under the terms of this Act shall be elected by the qualified voters of the county of Muscogee at an election to be called by the ordinary of Muscogee County, Georgia, and held on the 11th day of December, 1915, under the same rules and regulations as are now prescribed by law for holding the election of county officers, and the result declared in the same manner, and said judge, clerk and marshal of said court so elected at said election in December, 1915, shall hold office until January 1, 1921, and until their respective successors are elected and qualified. Provided, further, that all of the necessary expenses incidental to the holding of said special election for judge, clerk and marshal of said court, shall be borne by the candidates for said offices, and shall be equally pro-rated between them. Judge, clerk and marshal [Illegible Text] by the people [Illegible Text] of office Expenses of election SEC. 4. Be it enacted by the authority aforesaid, That it shall be the duty of the managers of said municipal court election, so first held, to consolidate the votes cast for said judge in said election, and to make a certified return thereof, as returns of election of county officers are made. The judge of said municipal court shall be commissioned by the Governor and before entering upon the duties of his office shall take the same oath required by law of superior court judges. Return of election SEC. 5. Be it further enacted by the authority aforesaid, That there shall be a judge, clerk and marshal of said municipal court, whose term of office shall each be four years, and who shall be first elected by the qualified voters

Page 66

of the county of Muscogee at a special election to be called by the ordinary and held on December 11, 1915, and who shall each, respectively, hold their several offices until January 1, 1921, and until their successors are elected and qualified. Term of office. SEC. 6. Be it further enacted by the authority aforesaid, That the officers of said municipal court, first elected as herein provided, shall hold office from January 1st, 1916, to January 1st, 1921, and until their successors have been duly elected and qualified. SEC. 7. Be it further enacted by the authority aforesaid, That any person who shall be elected judge of said municipal court, must at the time of his said election, have been a resident of Muscogee County, and a practicing attorney-at-law at least five years immediately preceding his election, and must also be at least twenty-five years of age; that the judge of said court shall be subject to the same restrictions as are now imposed on the judges of the superior court of said county. Qualifications of judge SEC. 8. Be it further enacted by the authority aforesaid, That any person who shall be elected clerk or marshal of said municipal court, must at the time of his appointment be a qualified voter of Muscogee County. Of clerk. SEC. 9. Be it further enacted by the authority aforesaid, That every vacancy in the office of the judge of said municipal court, occasioned by death, resignation or other cause, shall be filled by appointment of the Governor, by and with the consent of the Senate, until the first day of January, after the regular State election, held in and for the county of Muscogee, next, after the expiration of thirty days from the time said vacancy occurs, at which election a successor for the unexpired term shall be elected; provided, however, that should a vacancy occur when the Senate is not in session, the Governor shall appoint to fill such vacancy and submit such appointment for confirmation to the Senate which shall next thereafter convene. Vacancy in office of judge.

Page 67

SEC. 10. Be it further enacted by the authority aforesaid, That the salary of the judge of the said municipal court shall be twenty-four hundred dollars per annum. The salary of the clerk of said municipal court shall be fifteen hundred dollars per annum. The salary of the marshal of said municipal court shall be twelve hundred dollars per annum. And the judge of said court shall have the power to appoint a deputy or deputies, and a bailiff or bailiffs, as the business of said court may demand. The salary of said deputies and bailiffs shall not exceed $2.50 per diem. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of Muscogee County, upon the warrant of the judge of said court by the officer or officers charged by law with paying out the moneys of the county of Muscogee. Salaries. SEC. 11. Be it further enacted by the authority aforesaid, That the judge of said municipal court is hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers and jurisdiction as is provided by the terms of this Act; that the said judge of said municipal court shall have the power and authority under the limitations set out in this Act to hear, determine and dispose of all cases or causes, civil or criminal, of which said court has jurisdiction, and to give judgment and executions thereon; to hold court from day to day continuously if necessary to the dispatch of the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, to enforce the judgment of his court as is given to the judge of the superior courts of this State; provided, however, that said judge shall have no power to impose punishment for contempt exceeding a fine of twenty-five dollars, or three days in the county jail. The judge of said municipal court shall have in addition to the powers enumerated in this section, all of the powers, prerogatives and authority of the judges of the superior courts, in matters

Page 68

whereof the subject matter and amount involved are not beyond the jurisdiction of said municipal court. All laws relating to and governing judges of the superior courts shall apply to the judge of said municipal court, so far as the same may be applicable, unless inconsistent with the provisions of this Act. Powers of judge. SEC. 12. Be it further enacted by the authority aforesaid, That in the event the judge of said municipal court, by reason of his absence or sickness, is unable to discharge the duties of his office, or for any cause is disqualified from presiding, the ordinary of Muscogee County shall have the power to appoint some competent attorney resident in Muscogee County, to preside in said court in his stead; provided, however, said attorney so appointed shall have the same qualifications as provided herein for the judge of said court, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all of the functions of the judge thereof. The compensation of said attorney, for actual service as presiding judge, shall be five dollars per diem, to be paid out of the county treasury, as court officers of said court; provided, said amount so paid shall be deducted from the salary of the judge of said court if not absent on account of sickness; provided, further, that in any cause or matter before said court, in which the judge is disqualified, the parties in said cause or matter may agree upon a judge pro hac vice, who may preside; and in the event that the parties in any cause or matter in which the judge is disqualified can not agree upon a judge pro hac vice, the clerk of said court is authorized to name a judge pro hac vice, under the same circumstances as a clerk of the superior court may name a judge pro hac vice; and no person acting as judge pro hac vice, whether agreed upon by the parties, or appointed by the clerk of said court, shall receive any compensation. Disqualification of judge. Appointment of substitute. Payment for service. Judge pro hac vice. SEC. 13. Be it further enacted by the authority aforesaid, That all of the requirements and duties, powers and authority imposed by the law, and conferred upon the clerk of Muscogee Superior Court, and the sheriff of Muscogee

Page 69

County shall be obligatory upon and shall be vested in the clerk of said municipal court, and the marshal of said municipal court, respectively, so far as said duties may be applicable to the municipal court, and except where inconsistent with or limited by the provisions of this Act, defining the jurisdiction of said court; provided, however, that the amount of the bond of the clerk of said municipal court shall be three thousand dollars, and the amount of the bond of the marshal of said municipal court shall be one thousand dollars. Powers and duties of clerk and sheriff. SEC. 14. Be it further enacted by the authority aforesaid, That the clerk of said municipal court shall have complete power and authority, coexistent and co-ordinate, with the power of the judge of said court, under the provisions of this Act, to issue any and all warrants civil or criminal, summary processes and writs which are issuable as a matter of right; to accept and approve bonds and to discharge any and all other functions, ministerial in character, which under the laws of this State are performable by a justice of the peace. The judge of said municipal court shall have the power to appoint a deputy clerk, provided the business of said court, in the judgment of said judge, renders the service of such deputy indispensable. The said deputy clerk, if and when so appointed, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said court. The compensation of said deputy clerk shall be $2.00 per diem. Issuance of writs, etc. Deputy clerk. Compensation. SEC. 15. Be it further enacted by the authority aforesaid, That all warrants, summary processes and writs issuing out of said municipal court, in which the principal sum claimed to be due, or the value of the property in dispute does not exceed three hundred dollars, shall be returnable to said municipal court, in the same manner and under the general rules as such writs are required to be returned to the superior courts or the justice courts of this State, as the case may be. Return of processes.

Page 70

SEC. 16. Be it further enacted by the authority aforesaid, That with the exception of the Recorder's Court of the city of Columbus, and the judge of the Muscogee Superior Court, the municipal court shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations and criminal offenses committed within the corporate limits of the city of Columbus, and shall have concurrent jurisdiction of said accusations and offenses in the county of Muscogee. Jurisdiction as court of inquiry. SEC. 17. Be it further enacted by the authority aforesaid, That said municipal court shall be a court of record, and shall have a seal, and the clerk of said court shall keep accurate minutes and records of all proceedings had in said court, and such books and files as are necessary for this purpose; provided, that the clerk of said court shall not be required to record any pleadings, motions or other proceedings filed in said court, but shall preserve in suitable files all original papers in each case, which shall not be removed from said clerk's office; and said clerk shall keep an accurate docket of each case filed in said court, which docket shall be properly indexed and an execution docket showing all judgments entered in the same manner as is now kept in the superior court of said county; all of said papers, records, and proceedings shall be kept subject to inspections by the public. A court of record, seal. minutes, etc. Files. Dockets. SEC. 18. Be it further enacted by the authority aforesaid, That the general laws of this State in regard to the commencement of actions in the superior court and defenses thereto, of whatever nature, the pleadings, the method of procedure, and practice therein, and in regard to the examination of parties to suits or witnesses, by interrogatories or under subp[oelig]na, witnesses and their attendances, continuances, charge of the court, granting of new trials and other matters of a judicial nature, within the jurisdiction of said municipal court, shall be applicable to said municipal court, except as may be otherwise provided in this Act. Superior court practice applicable.

Page 71

SEC. 19. Be it further enacted by the authority aforesaid, That suits in said municipal court, shall in all respects be conformable to the mode of procedure in the superior courts save as in this Act excepted; process to suit shall be annexed by the clerk of said court, bear attest in the name of the judge thereof, and be directed to and served by the marshal of said court or his lawful deputies. All executions, warrants, writs and summary processes of any kind, garnishments, dispossessory warrants, foreclosure of liens on personal property and labor liens, issued from said municipal court, shall be issued in the name of the judge thereof, signed by the clerk of said court and be directed to the marshal and his lawful deputies of said municipal court, and to all and singular the sheriffs and deputy sheriffs and lawful constables of this State and shall in the city of Columbus and the county of Muscogee be executed by the marshal or his deputies of said municipal court. Processes, etc., how issued, signed, etc. SEC. 20. Be it further enacted by the authority aforesaid, That the term of said municipal court shall be held monthly, on the third Monday in each month, beginning the third Monday in January, 1916; that suits shall be filed in the clerk's office of said court at least fifteen days before the first day of the term to which it is returnable, and shall be served at least ten days before the first day of said term. The judge of said court shall call the appearance docket on the first Wednesday in each term, and in all cases in which no answer has been filed before twelve o'clock noon on the first day of said term, the judge on the call of the appearance docket shall mark the same, In Default, and all cases so marked shall thereby be ripe for trial and judgment. After rendition of final judgment in the case so marked, In Default, the right of opening such default shall termnate, unless by order of the court or by consent of parties or counsel of record evidenced by a written stipulation filed with the clerk of said court. Terms monthly. Appearance docket, call of Default, opening of. (b) For all cases in said court, in which the principal sum claimed, or the value of the property in controversy does not exceed one hundred dollars, the rules of pleading

Page 72

as provided in Section 18 hereof, shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer, but such suits shall be commenced by summons, which shall be issued in the name of the judge thereof, and signed by the clerk of said court or his deputies, and shall be directed to the marshal and his lawful deputies of said court and to all and singular the lawful constables of this State, and command the defendant to be and appear at the time and place of trial, which time and place shall be specified in said summons and said clerk shall attach a copy of the note, account or cause of action sued on to said summons at the time the same is issued, and suits for such amounts and defenses thereto, shall in other ways conform to the procedure now prescribed in justice courts, except as hereinafter limited and provided by this Act. Pleading, rules of No paragraphing. Summons. (c) In the furtherance of justice, the judge of said court shall permit any claim, suit, process, pleading or record, to be amended in form or in substance or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties, but no amendment presenting a new and distinct cause of action or new party shall be allowed. Amendments. (d) Provided, that in all amounts over fifty dollars, when an answer or defense is filed, that said case shall go over until the next regular term of said court and stand for trial at said term, and provided, that any further continuance shall be governed by the laws of Georgia in regard to continuances in the superior court. Trial term. Continuance. SEC. 21. Be it further enacted by the authority aforesaid, That on the call of the appearance docket as hereinbefore provided, all cases ripe for trial shall be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause shown. If a case placed on the trial calendar is not disposed of within ninety days from the first day of the

Page 73

term at which it is ripe for trial, it may be dismissed by the judge in the exercise of a sound discretion without prejudice to a new trial and costs taxed against the delinquent party. Trial calendar. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said municipal court, to prepare and file in his office from the list of the traverse jurors of the Superior Court of Muscogee County, as provided from time to time for such superior court, a list of the traverse jurors appearing thereon, who are residents of the city of Columbus. From said list so prepared traverse jurors in said municipal court shall be drawn in the following manner: The clerk of said municipal court shall write upon separate tickets the names of such traverse jurors and shall number the same and place them in a box prepared for that purpose, and from it shall be drawn by the judge at least ten days before the next term of the municipal court, twelve traverse jurors in the manner prescribed by law in the superior courts; all laws with reference to the drawing of traverse jurors in the superior courts shall apply to said municipal court, subject to the limitations provided by the terms of this Act. Juries, how drawn. SEC. 23. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relation, impanelling, challenging and compensation of jurors now of force in this State shall apply to and be observed in said municipal court, except where in conflict with the terms of this Act. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That in all jury trials in said court, there shall be a jury of six and from said panel of twelve traverse jurors drawn and summoned by the provisions of this Act, the judge of said municipal court shall cause to be made up two juries and all cases and issues to be tried by jury at such term of said municipal court, shall be tried by one of these juries, or by a jury stricken therefrom by both plaintiff and defendant, each being entitled to three peremptory

Page 74

challenges. In the event said panel should be reduced from twelve for any cause, the judge of said court shall have power to fill it out by causing talesmen to be summoned instanter; provided, however, that it shall be in the power of the judge of said court to cause to be drawn a panel of eighteen jurors from which panel three juries shall be made up, if in his discretion the business of the court justifies an additional jury. Jury trials. SEC. 25. Be it further enacted by the authority aforesaid, That every civil case in said municipal court shall be tried by the judge thereof, without a jury, unless a written demand for trial by jury is filed in said court by the plaintiff or his counsel or any other party seeking affirmative relief at the time such action or proceedings is instituted or by the defendant or his attorneys on or before the day upon which he is required to appear in court in response to the proceedings against him; upon failure of the party to demand a trial by jury, he shall be held to have waived such right; provided, however, that when neither party demands a jury trial, the judge of said court shall have the right, on his own motion and in his discretion, to refer any cause involving an issue of fact to a jury for trial in the same manner as demanded by either party thereto. Demand for jury, or trial by judge alone. Proviso. SEC. 26. Be it further enacted by the authority aforesaid, (a) That in all cases in said court tried, in which the principal sum claimed, or the value of the property in controversy does not exceed the sum of one hundred dollars, within five days after the announcement of judgment by the court, or upon rendition of the verdict of the jury, any party or his counsel may make a written motion for new trial, which shall be heard at such time as the court in its discretion may set for hearing, not later than fifteen days from the announcement of said judgment or rendition of said verdict, and no brief of the evidence shall be required, provided that the judge of said court shall have the power to grant not more than two new trials in each case, and from the judgment granting a new trial there shall be no appeal or review but the case shall stand for retrial de novo. New trial, motion for.

Page 75

(b) In all cases in which the principal sum claimed or the value of the property in controversy, does not exceed the sum of one hundred dollars, either party shall have the right to review the same by certiorari or bill of exceptions within thirty days from announcement and rendition of the judgment or the verdict of the jury. [Illegible Text] or bill of exceptions. (c) In all cases in which the principal sum claimed or the value of the property in controversy, exceeds the sum of one hundred dollars, either party or his counsel may make a motion for new trial under the rules governing the making of motions for new trials in the superior court, and a writ of error shall lie to the Court of Appeals of Georgia, and a bill of exceptions shall be tendered, certified and filed under the same rules as applies to bills of exceptions from superior courts of this State; provided, however, that said bill of exceptions shall be tendered within ten days from the judgment complained of and served and filed within ten days of the time of the certifying thereof. Writ of error. SEC. 27. Be it further enacted by the authority aforesaid, That all judgments, obtained in said court shall be liens upon property belonging to the defendant or defendants to the same extent and upon the same conditions as judgments of the superior courts of this State. [Illegible Text] of judgment. SEC. 28. Be it further enacted by the authority aforesaid, That all sales of personal property levied upon under process of said municipal court, shall take place at the northwest corner of Broad and Eleventh Streets, in the city of Columbus, the usual place for holding sheriff's sales in Muscogee County, during the legal hours of sale, at public outery, on the Monday next following ten days' advertising, by notice posted in two public places in the city of Columbus, to-wit.: the place of sale, and the court house door; which advertisement shall describe the property to be sold, the place and hour of sale, the name and residence of the owner of the property and the style of the case in which the execution issued. Such sales shall be conducted by the marshal of said court or his deputy; provided, that

Page 76

sales of perishable property and sales on the premises where the property is seized may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate. Sales under levy regulated. SEC. 29. Be it further enacted by the authority aforesaid, That in all cases of proceedings in which the principal sum claimed, or the value of the property in controversy, does not exceed the sum of one hundred dollars, the same fees which are allowed by law to justices of the peace and constables, shall be assessed and collected by the officers of said municipal court and that said fees shall be paid by the clerk of said court, monthly, into the treasury of Muscogee County, accompanied by the clerk's sworn statement thereof and placed to the credit of said municipal court to be used for defraying the expenses of said court. Fees [Illegible Text] officers. SEC. 30. Be it enacted by the authority aforesaid, That in all cases or proceedings in which the principal sum claimed, or the value of the property in controversy, exceeds the sum of one hundred dollars, the costs which are collected by the clerk of said court, shall be as follows, to-wit.: (1) For filing and docketing each suit $1.00 Costs collectible. (2) For summons and copying each suit for service per 100 words at .10 (3) For each summons and copy suit after first copy .50 (4) For entering up each judgment .50 (5) For trial of each litigated case .50 (6) For issuing each Fi. Fa. .50 (7) For each motion for new trial 2.00 (8) For serving each summons or garnishment .50 (9) For levying each Fi. Fa. and advertisement .50 (10) For serving each witness .50 (11) For each settlement on property not sold .50 (12) For each search and return nulla bona .50 (13) For the sale of property under one hundred dollars,

Page 77

the cost allowed to constables and for the sale of property amounting to more than one hundred dollars, the cost allowed the sheriff of the superior court, and the cost in criminal matters in said court and before the judge thereof, in criminal matters the cost shall be the same as are now provided by law in criminal matters in the justice courts and before justices of the peace. All of the above costs collected by the marshal are to be turned over by him to the clerk and all costs collected by the clerk, either from the marshal or from any other source shall be paid into the county treasury, on the first day of each month in full for the preceding month. All costs collected and received by the clerk shall be deposited by him in some bank in the city of Columbus, designated by the judge, and shall be withdrawn therefrom, only on the warrant of said clerk, countersigned by the judge of said court; and provided, further, that no judge or other officers of said court, shall receive to his own use whether civil or criminal, any fees or perquisite of office. Costs, disposition of. SEC. 31. Be it further enacted by the authority afore said, That it shall be the duty of the judge of said court to see to it that the officers of his court are diligent in the collection of costs and to this end he shall call the execution docket of his court on some fixed day in each term and shall adopt such other measures and rules as will insure the payment of costs by the party or parties liable therefor. [Illegible Text] in collection of costs. SEC. 32. Be it further enacted by the authority aforesaid, That on and after January 1st, 1916, no officer of any justice court, whose district lies in whole or in part without the limits of the city of Columbus, shall have authority to serve or execute any paper, process or writ of any character, except a criminal warrant, within the corporate limits of the city of Columbus, without regard to the location of the court from which such paper or process issued. Justice's court officer without authority. SEC. 33. Be it further enacted by the authority aforesaid, That all cases, civil or criminal, pending and undisposed of on the first day of January, 1916, in justice courts

Page 78

lying wholly within the city of Columbus, shall be and they are hereby transferred to said municipal court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said municipal court, and the judge and other officers of said municipal court shall have the power and authority to issue and enforce in the name of said municipal court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas. and final processes not satisfied in the hands of the officers of said justice courts on the first day of January, 1916, shall be levied by the officers of said municipal court. All records, books and papers in cases disposed of and of file in said justice courts, shall be filed and deposited with the clerk of said municipal court, and all property of parties to actions in said justice courts, in the legal custody of the said courts, shall be delivered to the marshal of said municipal court. It is hereby made the duty of said justices of the peace to comply with the provisions of this section, and any justice of the peace who shall fail to transmit such suits, papers, and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts within three days after written demand for such transmission or delivery has been made by the clerk of said municipal court or any party at interest shall be held in contempt of said municipal court and be punished as provided in cases of contempt. The officers of said justice court in this section referred to shall be entitled to all uncollected costs which may have accrued in the cases in their respective courts so transferred up to the first day of January, 1916, upon the collection of the same by the officers of said municipal court. Transfer of pending cases. Duty of justices. SEC. 34. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of Muscogee County shall provide a suitable and convenient place for the holding of said Municipal Court of Columbus;

Page 79

and shall provide all necessary books, blanks, stationery and filing cases for keeping the dockets, files and records of said court. Place of holding the court. SEC. 35. Be it further enacted by the authority aforesaid, That a complete set of the published reports of the Supreme Court and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia, commencing with the Acts of 1910 and the Code of 1910, shall be furnished by the State Librarian to the clerk of said court for the use of said court. Georgia reports to be furnished. SEC. 36. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1915. DARIEN CITY COURT ESTABLISHED. No. 46. An Act to establish the City Court of Darien, in and for the county of McIntosh; 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 City Court of Darien is hereby created and established, with civil and criminal jurisdiction, over the whole county of McIntosh. This Act shall take effect upon the passage thereof. City Court of Darien. SEC. 2. Be it further enacted, That said City Court of Darien shall have jurisdiction to try and dispose of all civil cases of whatever nature, except in those cases over which

Page 80

exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia. Jurisdiction, civil. SEC. 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all criminal cases, when the offense has been committed in McIntosh County, Georgia, and where the offender is not subject to loss of life or confinement in the penitentiary. Criminal. SEC. 4. Be it further enacted, That there shall be a judge of said City Court of Darien, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years; all vacancies in the office of judge shall be filled by appointment of the Governor for the unexpired term, subject to the approval of the Senate then in session, or if not in session, then subject to the approval of the Senate at its next session thereafter. The judge of said court shall receive a salary, the same to be fixed by the County Commissioners of McIntosh County, and shall be paid monthly out of the treasry of the county of McIntosh by the proper persons having charge of the county funds. Charles M. Tyson shall be the first judge of said court, who, upon the passage of this Act, shall be commissioned by the Governor for the term of four years. Judges of said court shall hold office until their successors are duly appointed and qualified. Judge's appointment, term and salary. Vacancy in office. First judge here designated. SEC. 5. Be it further enacted, Any person appointed judge of said court must be at least 25 years of age, a bona fide resident of the county, a practicing attorney and have practiced law at least two years before his appointment. He shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the City Court of Darien, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so

Page 81

help me God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any other court except the court created by this Act; he shall have authority to issue criminal warrants, to issue and dispose of distress warrants, and generally to do and perform all the acts which the judges of the county or city courts of this State are authorized to do, unless otherwise provided by this Act. Judge's qualifications. Oath. Practice of law. SEC. 6. Be it further enacted, That there shall be a solicitor of said City Court of Darien, who shall be appointed in like manner as the judge and who shall hold office for the term of four years. All vacancies in said office shall be filled as provided for vacancies in the office of judge. No person shall be appointed solicitor of said city court unless he has arrived at the age 25 and has been a practicing attorney for at least two years. The solicitor of said city court shall receive a salary, the same to be fixed by the County Commissioners of McIntosh County, which shall be paid bi-monthly out of the treasury of the county of McIntosh by the proper authorities having charge of county funds. The solicitor-general of the Atlantic Judicial Circuit shall be ex-officio the first solicitor of said court. Any future appointee to said office of solicitor, after said first appointment, unless he be the solicitor of the said circuit, must be a bona fide resident of McIntosh County. Solicitor's appointment, term, salary, and qualifications. Solicitor-general ex-officio solicitor. SEC. 7. Be it further enacted, That the clerk and sheriff of the Superior Court of McIntosh County, shall be ex-officio clerk and sheriff of said city court. Their deputies shall likewise be ex-officio their deputies in said city court. The clerk and sheriff of said city court shall each receive a salary, the same to be fixed by the County Commissioners of McIntosh County and which shall be paid monthly out of the county treasury by the proper authorities having charge of county funds. Said officers shall perform all the duties in said city court which are by law required to be performed in the superior court, so far as the same are applicable. All the officers of said city court shall be amenable to the

Page 82

same processes and penalties as such officers are amenable to in the superior court. Before entering upon the discharge of his duties as clerk of said city court, the clerk shall give bond and good security, as in the superior court, in the sum of $2,000.00 for the faithful discharge of the duties of his office. Before entering upon the discharge of his duties in said city court, the sheriff shall give bond and good security as in the superior court, in the sum of $2,000, for the faithful discharge of the duties of his office. Upon failure or refusal of either to give such bond and security, the judge of said court shall appoint some suitable and proper person clerk or sheriff, as the case may be, who shall give bond and security as aforesaid, and who shall then hold such office until the expiration of the term of office of such clerk or sheriff of the superior court. Clerk and sheriff. Duties. Bond. SEC. 8. Be it further enacted, That the costs in all civil cases in said court, when the amount involved is $100.00 or less shall be $4.00, and when the amount involved is over $100.00 shall be $10.00, which costs shall be charged to and collected out of the party cost in the suit. In criminal cases the costs shall be $20.00, and all costs or fees when collected shall be turned over to the county commissioners to be deposited in the county treasury. Upon the failure or refusal of the officers of the said City Court of Darien to do and perform the duties of their offices as required of them by law and this Act, the County Commissioners of McIntosh County shall be and they are hereby authorized and empowered to retain and refuse to pay the officer or officers so failing in his duties. Costs. SEC. 9. Be it further enacted, That the terms of said City Court of Darien shall be held on the second Monday in February, April, June, August, October and December of every year. The first term shall be held on the second Monday of any of the above named months immediately following the passage of this Act. The judge of said court shall have power to hold said court in session, and adjourn from time to time; provided, that said court shall be finally

Page 83

adjourned at least five days before the next succeeding term. Terms of court. SEC. 10. Be it further enacted, That the judge of said court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as judge of the superior court. Habeas corpus. SEC. 11. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Darien, or his deputy. Suits and processes. SEC. 12. Be it further enacted, That in all matters pertaining to service, pleading and practice, the laws governing the superior court, where not inconsistent with this Act, and not otherwise specially provided by this Act, shall be applicable to said city court. The general laws in regard to the commencement of suits, defenses, set-off, affidavits of illegality, arbitration, examination of parties, witnesses by interrogatories or under subp[oelig]na, power and rights of parties as to waiver in pleading and procedure, or matters pertaining to the same, continuances, motions, pleas and practice, or other matters of a judicial nature governing in the superior court are hereby made applicable and shall govern in said city court. Service, pleading and practice. SEC. 13. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which the said court has jurisdiction and give judgment therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court, upon entering a demand therefor, by himself or his attorney, in writing, on or before the first day of the term of said court, to which the case is returnable; provided the party is entitled to a trial by jury under the Constitution and laws of this State. Trial by judge unless jury demanded.

Page 84

SEC. 14. Be it further enacted, That all judgments obtained in said court shall have the same force and effect as judgments obtained in the superior courts. All executions issued from said court shall be attested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputy of said City Court of Darien, and to all and singular the sheriffs or their deputies, of the State of Georgia. Judgments and executions. SEC. 15. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Where the property levied on is real property and claim filed, the same shall be returned to the superior court of the county where the property is situated for trial as provided by law. Claim cases. SEC. 16. Be it further enacted, That all laws upon the subject of garnishments and attachments shall be applicable to said city court to the same extent, as if named with the superior courts of this State. Attachments in said court or returnable to said court, shall be directed to the sheriff or his deputy of the City Court of Darien, and to all and singular the sheriffs and constables of this State; and the judge of said court may, or any justice of the peace or any notary public may issue attachments returnable to said city court, under the same rules that govern the issuing of attachments returnable to the superior court. Garnishment proceedings in said court shall be conformable to the laws of this State applicable to said subject in the superior court. Garnishments. Attachments. SEC. 17. Be it further enacted, That scire facias to make parties in any cause in said court shall be had as in the superior court, but scire facias shall run throughout the State, and may be served by any sheriff, or his deputy, thereof. Scire facias to make parties. SEC. 18. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken

Page 85

and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and the affidavits administered by justices of the peace of this State; and the judge of said court shall have all the power and authority throughout his jurisdiction as judges of the superior courts, except where by law exclusive power and authority are vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable as herein provided. Testimony de bene esse. Attestation of oaths, deeds, etc. SEC. 19. Be it further enacted, That said City Court of Darien, shall be a court of record, and shall have a seal, minute, record, order and other books and files necessary for the proper conducting of said court, and the same shall be kept in and for said city court, in the same manner as the records and other books are required to be kept for the superior court, and all laws applicable to the duties of the clerk and sheriff in said superior court, shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record, seal, minutes, etc. SEC. 20. Be it further enacted, That the laws regulating the enforcement of judgments in the superior court, whether civil or criminal, shall apply to said city court, and executions shall be levied, and sales be had thereunder under the same rules and laws regulating the same in the superior court. The judge of said court shall have the same power to enforce his orders, to preserve order, punish for contempt, and enforce all his judgments as is vested by law in the judges of the superior courts. Judgments, enforcement of

Page 86

SEC. 21. Be it further enacted, That it shall be the duty of the clerk of said city court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of McIntosh County, as provided from time to time, for such superior court. From said copy so made, traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the names of each traverse juror, and shall number the same, and place the same in a box to be prepared for the purpose, from which shall be drawn all traverse jurors as now required by law in the superior courts. All laws with reference to the drawing of, selecting and summoning traverse and tales jurors in the superior courts shall apply to the said city court. All laws in reference to the qualifications, relations, impanelling, finding and challenging now of force in this State, or hereafter to be enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Juries. SEC. 22. Be it further enacted, That the judge at each term of said city court shall draw from said box, the names of 18 persons to serve as jurors at the next term thereafter of said city court, and the 18 jurors drawn and summoned as above provided, shall be impaneled. Twelve jurors shall constitute a panel. In all cases, civil and criminal, trial by a jury of 12 shall be had in said court, when so demanded, but a trial by a jury of 12 may be waived and in that event shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes, and the State two strikes, six thus constituting the jury. If the jury of 12 is not waived but demanded, in either civil or criminal cases, then the jury shall be made up as follows: A list of the 18 jurors shall be furnished, and in civil cases each side shall have 3 strikes; and in criminal cases the defendant shall have 4 strikes and the State 2 and the remaining 12 shall constitute the jury. All jurors serving in said

Page 87

court shall receive each the sum of $2.00 per day while serving as such, to be paid under rules governing payment of superior court jurors. Jurors. SEC. 23. Be it further enacted, That the judge of said court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. [Illegible Text] SEC. 24. Be it further enacted, That the defendants in criminal cases in said City Court of Darien may be tried on written accusations setting forth plainly the offense charged founded on affidavit made by the prosecutor; said affidavit shall be made before said judge, or other officer authorized to issue warrants, and said accusation shall be signed by the prosecuting officer of said court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of the judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said City Court of Darien, or his deputy, and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of said city court, the defend ant shall not have the right to demand an indictment by the grand jury of the county of McIntosh. The judge of said court may inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation. A [Illegible Text] to the accusation or indictment shall be a waiver of jury trial unless jury trial has been demanded in writing. If defendant fails to demand trial by jury or waives the same by pleading, he shall not thereafter have the right to recall such waivers, his failure to demand being hereby declared to be a waiver. If the defendant demands a trial by jury, the judge of said court shall proceed with said case, if at a regular term of said court, according to the rules and laws of the superior court applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or, on defendant's failure to give bond shall commit him to jail until the next

Page 88

regular term of said court. If the defendant waives trial by jury then the said judge shall proceed to hear and determine such criminal cases conformably to the law governing the superior courts as the same may be applicable; provided that a reasonable time may be granted to the State or the defendant to procure witnesses. Accusations, trials on. Demand for [Illegible Text]. Waiver of jury trial. [Illegible Text] SEC. 25. Be it further enacted, That the judge of the superior court may by order, in term or in vacation, transmit to said city court all presentments and bills of indictment for misdemeanors, and all civil causes of which said city court has jurisdiction to try, which are now pending in McIntosh Superior Court, or which may hereafter be pending in said superior court; provided, that in civil cases the parties to such cases shall agree that the same be transmitted. All bonds in transmitted cases shall follow the case to the said city court, and the defendant shall be bound to appear to said city court after he, or his counsel shall have had notice of such transfer. Transfer of indictments for misdemeanors. SEC. 26. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public of McIntosh County to bind over to said city court all persons charged with offenses committed within the limits of McIntosh County, over which said city court has jurisdiction, to answer for said offenses. Binding over accused to this court. SEC. 27. Be it further enacted, That a writ of error shall be direct from the said city court to the Court of Appeals of Georgia upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 28. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any cause, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings

Page 89

in new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. 29. Be it further enacted, That all suits against joint obligors, joint promissors, co-partners, or joint trespassers, in which any one or more reside in the county of McIntosh, may be brought in said city 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. Joint obligors, etc. SEC. 30. Be it further enacted, That the solicitor of said court shall for his services in the Court of Appeals be paid out of the treasury of the State, by warrant drawn by the Governor, upon certificate of the clerk of the Court of Appeals as to the performance of such services and the certificate of the clerk of the city court of the insolvency or acquittal of defendant. Solicitor's pay for services in Court of Appeals. SEC. 31. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term, the second term shall be the trial term or judgment term, and all the laws, rules and practice in said court with reference to the terms thereof and to the continuance, pleading and trial of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms. SEC. 32. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding and the judge of the superior court cannot from any cause preside in said court as provided for in the Constitution, then upon consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Disqualification of judge. Judge pro hac vice. SEC. 33. Be it further enacted, That said court shall be held in the court house of McIntosh County, and the Board of County Commissioners for the county of McIntosh shall

Page 90

provide the necessary books for keeping the dockets, minutes and records of said city court. Place of holding court. SEC. 34. Be it further enacted, That the said city court herein created may be abolished upon the recommendation of the grand jury and said recommendation later approved by resolution of the county commissioners, or upon the recommendation of two successive grand juries. Court may be abolished, how. SEC. 35. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. FITZGERALD CITY COURT ABOLISHED. No. 82. An Act to repeal an Act entitled An Act to establish the City Court of Fitzgerald, in the city of Fitzgerald, in and for the county of Ben Hill; to define its jurisdiction and powers; to provide for the appointment of judges and other officers thereof; to define the powers and duties of the judge and other officers thereof, and for other purposes, approved August 22, 1907, together with all Acts amendatory thereto and transfer all cases pending therein to Ben Hill Superior Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the certain Act to establish the City Court of Fitzgerald, approved August 22, 1907, and the Act amendatory thereof, approved August 14, 1909, and the Act amendatory thereof, approved August 12, 1910, and the Act amendatory thereof, approved August 7, 1913, be and the same are hereby repealed. Acts repealed.

Page 91

SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in the said City Court of Fitzgerald, at the time this Act goes into effect, whether civil or criminal, shall be and the same are hereby transferred to the Superior Court of Ben Hill County, and the same shall be in order for trial-at the first term of said court, convening after the passage of this Act. Transfer of cases. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, all dockets, minutes, court papers, and all other books and papers of said City Court of Fitzgerald, whether pertaining to civil or criminal cases, shall be transferred to the Superior Court of Ben Hill County, and shall be held by the clerk of said superior court as a part of the records of said superior court, and the clerk of the Superior Court of Ben Hill County, is authorized to certify to any portion of said records as a part of the records of said superior court. Transfer of records, etc. SEC. 4. Be it further enacted by the authority aforesaid, That all judgments, executions or other final process, issued from said City Court of Fitzgerald prior to the date when this Act shall become effective, shall remain alive, of full force and vigor, just as though the said City Court of Fitzgerald had not been abolished. Judgments effective. 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, 1915. FLOYD CITY COURT, JUDGE'S SALARY. No. 69. An Act to amend an Act, approved August 21st, 1906, entitled, An Act to amend an Act, entitled an Act creating the City Court of Floyd County, approved September

Page 92

27th, 1883, and the three Acts amendatory of said Act, approved respectively October 24th, 1887, October 29th, 1889, and August 23d, 1905, as follows: (1) By increasing the qualifications and compensations of the judge of said court, and disqualifying him from practicing law; and providing for the election of the judge of said court by the qualified voters of the county of Floyd. (2) By making it unlawful for said judge to receive directly or indirectly for himself or family from any railroad, telephone, telegraph, or express company, any free pass or other favor not enjoyed by the general public, and to provide a penalty therefor. (3) By providing the same number of jurors for the trial of cases in said court, and for the same system of drawing, impanelling and striking jurors, and for the same compensation to them as are now provided for trial jurors in the superior court. (4) By changing the practice in said court so as to make all civil cases triable at the first and second term under the same rules as like cases are made triable in the superior court. (5) By making the practice in motions for new trials in said court the same as that in the superior court. (6) Providing for the review of rulings, orders and judgments of said court by bill of exceptions and writ of error to the Supreme Court in the same manner as like rulings, or ders and judgments of the superior court are reviewed. The amendment hereby made to said Act, is for the purpose of increasing the salary of the judge of the City Court of Floyd County from $1,500 to $2,000 per annum. SECTION 1. 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 approved August 21st, 1906, entitled an Act to amend an Act entitled an Act creating the City

Page 93

Court of Floyd County, approved September 27th, 1883, and the three Acts amendatory of said Act, approved respectively October 24th, 1887, October 29th, 1889, and August 23d, 1905, as follows: Acts amended. (1) By increasing the qualifications and compensations of the judge of said court, and disqualifying him from practicing law; and providing for the election of the judge of said court by the qualified voters of the county of Floyd. (2) By making it unlawful for said judge to receive directly or indirectly for himself or his family, from any railroad, telephone, telegraph or express company, any free pass or other favor not enjoyed by the general public, and to provide a penalty therefor. (3) By providing the same number of jurors for the trial of cases in said court, and for the same system of drawing, empanelling and striking jurors, and for the same compensation to them as are now provided as to trial jurors in the superior court. (4) By changing the practice in the said court so as to make all civil cases triable at the first or second term under the same rules in like cases are made triable in the superior court. (5) By making the practice in the motions for new trials in said court the same as that in the superior court. (6) By providing for the review of rulings, orders and judgments of said court by bill of exceptions and writ of error to the Supreme Court in the same manner as like rulings, orders and judgments of the superior court are reviewed. Be and the same is hereby amended by striking the figures $1,500.00 in the sixteenth line of Section 1 of said Act, and inserting in lieu thereof the figures $2,000.00. The purpose of this Act is to change the salary of the judge of the City Court of Floyd County from $1,500.00 to $2,000.00 per annum. Salary of judge increased to $2,000.

Page 94

SEC. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1915. FORT GAINES CITY COURT, JURORS, ETC. No. 11. An Act to make certain provisions as to the City Court of Ft. Gaines relating to jurors, demands for indictment, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That, on and after the passage of this Act, the judge of the City Court of Ft. Gaines shall draw eighteen jurors, who shall be drawn and summoned and impanelled to try all criminal and civil cases when a jury is demanded by either party; and in all cases, both criminal and civil, a trial by a jury of twelve shall be had in said court when so demanded. Jurors drawn. Jury of twelve. SEC. 2. Be it further enacted by the authority aforesaid, That, if any defendant upon the original call of his case shall demand indictment by grand jury, the court shall bind him over on a reasonable but sufficient bond to be assessed by the judge of the city court conditioned that he will personally be and appear to answer to any true bill, indictment or presentment, that may be returned by the grand jury against him in the matter, and the city court shall await the action of the grand jury in the matter; but if the defendant upon the call of his case is unable to give bond and remains in jail, the city court shall proceed to try the case, notwithstanding the demand for indictment. If the grand jury return a true bill for misdemeanor in the matter, the judge of the superior court shall transfer the same to the city court for trial. Demand for indictment. Trial. Transfer.

Page 95

SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are repealed. Approved August 2, 1915. GRIFFIN CITY COURT, JUDGE'S SALARY. No. 130. An Act to amend an Act approved August 22nd, 1907, entitled An Act to establish the City Court of Griffin, in Spalding County, providing for the election of the judge of said court by the qualified voters of Spalding County; providing for the salary of said judge, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1 of said Act approved August 22d, 1907, entitled An Act to establish the City Court of Griffin in Spalding County providing for the election of the judge of said court by the qualified voters of Spalding County, providing for the salary of said judge, and for other purposes, be and the same is hereby amended by striking out the words fourteen hundred dollars per annum, in the 19th and 20th lines of said Section 1 of said Act, and insert in lieu thereof the words two thousand dollars per annum, so that said section when so amended shall read as follows: Act of 1907 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 Section 3 of an Act to establish the City Court of Griffin, in Spalding County, approved December 14, 1897, be and the same is hereby stricken and repealed

Page 96

and the following be and the same is hereby substituted and enacted in lieu thereof, to-wit.: SEC. 3. Be it further enacted by authority of the same, That there shall be a judge of the City Court of Griffin, who shall be elected by the qualified voters of the county of Spalding, and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County, in October, 1908, and shall be for a term of years beginning January 1, 1909. Subsequent elections shall be held at intervals of four years from date of this first election. The judge of the City Court of Griffin shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office and which shall be paid monthly on the receipt of said judge out of the treasury of Spalding County, and it shall be the duty of the County Commissioners of Roads and Revenues of said county to make provision for this purpose in levying county taxes. Judge's salary increased to $2,000. 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, 1915. HOUSTON CITY COURT, FEES, SALARIES, ETC. No. 190. An Act to amend an Act entitled An Act to establish a City Court in and for the county of Houston, to define its powers, jurisdiction, procedure and practice; to provide for the appointment of a judge and other

Page 97

officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, approved August 8, 1908, by providing for the abolishment of all fees now received by the solicitor of said court, for the abolishment of all fees now received by the clerk and sheriff of said court arising from the criminal business of said court; to provide for fixing the compensation of the solicitor of said court for representing the State in the appellate courts of this State; for the disposition of the fines and forfeitures arising in said court; for increasing the salary of the judge of said court; for fixing the compensation to be received by the solicitor, clerk and sheriff of said court; for changing the time of electing the judge and solicitor of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the 10th day of August, 1916, the judge of the City Court of Houston County shall receive a salary of fifteen hundred dollars ($1500.00) per annum, payable as now provided by law. Salary of [Illegible Text] SEC. 2. Be it further enacted by the authority aforesaid, That from and after the 10th day of August, 1916, the solicitor of said City Court of Houston County shall receive a salary of eighteen hundred dollars ($1800.00) per annum, which shall be paid monthly out of the treasury of said county, out of any fund not otherwise specifically appropriated by some general law, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officers of said county, to make provision annually, in levying taxes, for this purpose. Said salary shall be in lieu of all fees, except the fees hereinafter provided for representing the State in the appellate courts of Georgia, and in lieu of any interest in any insolvent cost fund in said court. For every case argued in the Court of Appeals

Page 98

of Georgia or the Supreme Court of Georgia, said solicitor shall be paid the same fee and in the same manner as now provided by law. In the absence, inability or disqualification of said solicitor to act or perform the duties of this office, the judge of said city court shall have authority to appoint a solicitor pro-tem, who shall receive for his services such sum as the judge may fix, not to exceed $15.00 in each case represented by such solicitor pro-tem, said amount to be paid in the same manner as the solicitor's salary is paid. Salary of solicitor. Fees Solicitor pro tem. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the 10th day of August, 1916, the clerk of said city court shall receive a salary of five hundred dollars ($500.00) per annum, same to be paid out of the county treasury in the same manner as the salary of the judge of said court is now paid. Said salary shall be in lieu of all fees or costs arising from the criminal business of said court, and in lieu of any interest in any insolvent cost fund of said court; provided, that said clerk shall receive as heretofore all of his costs or fees in civil cases in said court, as now provided by law. Salary of clerk, in lieu of fees. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the 10th day of August, 1916, the sheriff of said city court shall receive a salary of nine hundred ($900.00) dollars per annum, to be paid monthly, out of the county treasury in the same manner as the salary of the judge of said court is now paid. Said salary shall be in lieu of all fees or costs now received by said sheriff from the criminal business of said court, and in lieu of any interest in any insolvent cost fund of said court; provided, that said sheriff shall continue to receive his costs or fees in civil cases in said court as now provided by law. Salary of sheriff, in lieu of fees. SEC. 5. Be it further enacted by the authority aforesaid, That from and after the 10th day of August, 1916, all money arising from the hire of any convict or convicts from said city court by the ordinary or Commissioner of Roads and Revenues of said county, shall be paid into the county treasury.

Page 99

The judge of said court shall pay to the committing magistrates, out of the fines and forfeitures arising in said court, their costs as now provided by law, and after paying said costs, he shall pay into the county treasury all of the remainder of said fines and forfeitures. Provided, further, that no such fines or forfeitures, nor any part of same, shall be applied to the payment in part or in whole of any insolvent cost bill of any officer or ex-officer of said court. Convict hire. Costs to magistrates. SEC. 6. Be it further enacted by the authority aforesaid, That the salaries of said clerk and sheriff shall be paid out of the treasury of Houston County, out of any fund not otherwise specifically appropriated by a general law, and it shall be the duty of the Commissioners of Roads and Revenues of said county or other proper officers thereof to make provision annually in levying taxes, for this purpose. Salaries, how paid. SEC. 7. Be it further enacted by the authority aforesaid, That the term of office of said judge and solicitor of said city court, which begins on August 10th, 1916, and expires August 10th, 1920, be and the same is hereby extended until December 31st, 1920, so that said term of office of said judge and solicitor which begins on August 10th, 1916, shall not expire until December 31st, 1920. Terms of office. SEC. 8. Be it further enacted by the authority aforesaid, That at the regular election for county officers of Houston County to be held in 1920, a judge and solicitor of said court shall be elected, each for a term of four years, in the same manner as other county officers are elected. The term of office of said judge and solicitor shall begin on January 1st, 1921, and shall expire December 31st, 1924; provided, however, that said judge and solicitor shall hold office until their successors are elected and qualified. Election of judge and solicitor. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 100

IRWIN CITY COURT ABOLISHED. No. 33. An Act to repeal an Act entitled an Act to establish the City Court of Irwin County; to define its jurisdiction and powers; to provide for the election of a judge and solicitor; to fill vacancies; to provide for the election of other officers thereof; to define their powers and duties and fix their salaries; to provide for the pleading and practice therein; writs of error therefrom, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the certain Act to establish the City Court of Irwin County, approved August 19th, 1913, be and the same is hereby repealed. Act of 1913 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said City Court of Irwin County, at the time this Act goes into effect, whether civil or criminal, shall be and the same are hereby transferred to the Superior Court of Irwin County and the same shall be in order for trial at the first regular term of said court convening after this Act goes into effect, except such civil cases as may have been filed in said city court returnable to the August term 1915, which cases shall be in order for trial at the second term of said Superior Court of Irwin County after the passage of this Act. Transfer of pending cases. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act all the dockets, minutes, court papers and all other books and papers of the said City Court of Irwin County, whether pertaining to civil or criminal cases, shall be transferred by the clerk of said City Court of Irwin County to the clerk of the Superior Court of Irwin County as a part of the records of said superior court, and the clerk of the Superior Court of said Irwin County is hereby authorized to

Page 101

certify to any portion of said record as a part of the records of said superior court. Transfer of books, etc. SEC. 4. Be it further enacted by the authority aforesaid, That all claims or other issues that may be made in any way after this Act becomes effective upon any decree, execution, order or other paper issued by said City Court of Irwin County shall be returnable to Irwin Superior Court for final determination. Claims returnable. SEC. 5. Be it further enacted by the authority aforesaid, That all judgments, executions or other final processes issued from said City Court of Irwin County prior to the date when this Act shall become effective, shall remain alive and of full force and vigor, just as though the City Court of Irwin Court had not been abolished. Judgments effective. 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 6, 1915. LEESBURG CITY COURT, JURORS. No. 9. An Act to amend an Act entitled An Act to establish the City Court of Leesburg, in and for the county of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes, so as to provide for panels of eighteen jurors in the City Court of Leesburg, and to regulate the manner of striking jurors in said court, and for other purposes.

Page 102

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to establish the City Court of Leesburg, in and for the county of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes, as found in Acts of 1905, pages 266, et sequitur, be amended by striking from Section 28 of said Act, the word sixteen, in the third line of said section, and inserting in lieu thereof the word eighteen. Act of 1905 amended. SEC. 2. Be it further enacted, That said Act be further amended by striking the word sixteen, in the first line of Section 30, and inserting in lieu thereof the word eighteen; also by striking from said Section 30, the following words, to-wit, beginning near the end of the second line in said section: and in all cases, civil or criminal, trial by jury of twelve may be waived and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes, eight shall thus constitute a jury. When a jury of eight shall have retired to consider a case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive a trial by a jury of twelve, then and also by striking the word two in the twelfth line, and inserting in lieu thereof the word three, and by striking the word three in the thirteenth line, and inserting in lieu thereof the word four; also by striking the word one, in the fourteenth line and inserting in lieu thereof the word two, so that said Section 30, when so amended, shall read as follows: Section 30. Be it further enacted, That the eighteen jurors drawn and summoned as above provided shall be impanelled, and in civil cases each side

Page 103

shall be allowed three strikes, and in criminal cases the defendant shall be allowed four strikes, and the State two strikes from the panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete the panel, shall each receive the sum of $2.00 per diem while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Jurors and jury. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with said Act be and the same are hereby repealed. Approved August 2, 1915 MACON CITY COURT, OFFICERS, SALARIES, ETC. No. 196. An Act to amend An Act to establish the City Court of Macon, in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge, and the other officers thereof, and for other purposes, approved August 14, 1885, and the Act amendatory thereof approved October 20, 1887, and the Act amendatory thereof approved December 11, 1900, and for other purposes. SECTION 1. The General Assembly of the State of Georgia does hereby enact, That from and after the passage of this Act, Section 6 of said Act creating the City Court of Macon, approved August 14, 1885, be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof, the following, to-wit.: Section 6. Be it further enacted, That until the first day of January, 1917,

Page 104

the solicitor-general of the Macon Judicial Circuit shall prosecute for all offenses cognizant before said City Court of Macon, but in his absence from said court, the judge shall have power to appoint a solicitor-general pro tem., who shall receive the same fees as are allowed by law to the solicitor-general in cases conducted by him. The fees of the solicitor-general in said city court shall be, until January 1, 1917, as now allowed by law; from and after January 1, 1917, the fees of the solicitor of said city court, herein created, to be collected and disposed of as hereinafter set forth, shall be as follows: `For every case prosecuted to trial or plea of guilty which originates by accusation in said city court, or which is transferred to said city court from the Superior Court of Bibb County ten ($10.00) dollars; for representing the State in each case carried to the Court of Appeals from said city court fifteen ($15.00) dollars; for all services for which this Act does not provide he shall receive the same fees as are now allowed by law to solicitors-general for similar services in the superior court.' That there shall be a solicitor of said court, to be elected by the qualified voters of Bibb County, at the general State election in the year 1916 and quadrennially thereafter and the returns shall be made and the result declared in the same manner as provided by law for elections of county officers. Said solicitor shall hold office for four years and until his successor is elected and qualified and the term of office of the solicitor first elected shall begin January 1, 1917. Said solicitor shall possess the same qualifications as are now required of solicitors-general of this State, and vacancies in said office shall be filled as vacancies in the office of solicitors-general are now filled. It shall be the duty of said solicitor to prosecute for all offenses cognizant before said city court and he shall receive as full compensation for such services a salary of three thousand six hundred ($3,600.00) dollars per annum, to be paid in monthly installments out of the treasury of Bibb County as the judge of said court is paid. The salary of the solicitor, as herein provided, shall not be inereased or diminished during his term of office, and his

Page 105

salary shall be his only compensation for the services rendered by him as said solicitor of the City Court of Macon. Before entering upon the duties of his office the said solicitor shall give bond payable to the Governor of Georgia, and his successors in office, with good security, to be approved by the judge of said court, in the sum of five thousand dollars ($5,000.00) dollars, conditioned to account for all money which may come into his hands as solicitor, and for the faithful discharge of the duties of said office and shall in addition to the oath required of civil officers take and subscribe the following oath: `I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duty as solicitor of the City Court of Macon; so help me God.' Said bond and oath shall be entered on the minutes of the court by the clerk of the City Court of Macon and may be sued on by any person interested. In the event said solicitor is, from providential causes unable to perform the duties of his office, or is from any cause disqualified from acting, the judge of said court shall have power to appoint some competent attorney resident in Bibb County as solicitor pro tem. for said court, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all of the functions of the solicitor, thereof. The compensation of said attorney for actual service as solicitor pro tem. shall be ten ($10.00) dollars per diem, to be paid as the solicitor of said court is paid. It shall be the duty of said solicitor to collect all costs and fees due him as solicitor of said court and to pay the same monthly to the treasurer of the board of public education and orphanage for Bibb County for the use of the schools of said county, accompanied by a sworn, itemized statement thereof. Act of 1885 amended. Solicitor-general. Solicitor pro tem. Fees. Solicitor to be elected. Term of office. Qualifications. Duty. Salary. Bond. Oath. Solicitor pro tem. Compensation. Costs and fees. SEC. 2. Be it further enacted, That Section 7 of said Act creating the City Court of Macon, be and the same is hereby amended by striking the words one thousand dollars, occurring after the word of and before the word for in the 7th line of said section shown in the Acts of 1884-5, page 472, and substituting in lieu thereof the words

Page 106

three thousand dollars, conditioned to account for all money which may come into his hands as clerk and, and by adding to said section the following words, to-wit.: Said clerk shall receive in lieu of fees, in both civil and criminal cases, a salary of three thousand ($3,000.00) dollars per annum, to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said county, and the clerk of said court shall have power, by and with the consent of the judge thereof, to appoint a deputy clerk, whose compensation shall not exceed one thousand five hundred ($1,500.00) dollars per annum, to be paid as the salary of said clerk is paid, so that said section, when so amended, will read as follows, to-wit.: Section 7. Be it further enacted, That there shall be a clerk of said court, who shall be appointed by the judge thereof; said clerk shall before entering on the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering on the duties of his office, execute a bond with good security in the sum of three thousand ($3,000.00) dollars conditioned to account for all money which may come into his hands as clerk and for the faithful discharge of the duties of his office; he shall hold his office during the term of two (2) years. Said clerk shall receive in lieu of fees, in both civil and criminal cases a salary of three thousand ($3,000.00) dollars per annum, to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said county; and the clerk of said court shall have power, by and with the consent of the judge thereof, to appoint a deputy clerk whose compensation shall not exceed one thousand five hundred ($1,500.00) dollars, per annum to be paid as the salary of said clerk is paid. The provisions of this section shall not become effective until the expiration of the term of office of the present incumbent, which is hereby extended to expire on January 1, 1917. Further amendment. Clerk. Oath. Bond. Term. Salary. Deputy clerk. Salary. When effective. SEC. 3. Be it further enacted, That Section 9 of said

Page 107

Act creating the City Court of Macon, be and the same is hereby amended by striking the same in its entirety, and substituting in lieu thereof the following, to-wit., which will be Section 9: Section 9. The fees of the sheriff of said court shall be the same as are now or may hereafter be allowed by law to the sheriff of Bibb County. The fees of the clerk of said court to be received by him and paid to the treasurer of the board of public education and orphanage of Bibb County, as hereinafter provided, shall be the same as are now or may hereafter be allowed by law, to the clerk of the Superior Court of Bibb County, except as may be otherwise provided in civil cases by the Act ereating said City Court of Macon, and the Acts amendatory thereof; provided, however, that for services in docketing and entering on the minutes of said court accusations and bills of indictment transferred from the superior court of said county, the clerk shall receive three ($3.00) dollars in each case. From and after January 1, 1917, it shall be the duty of said clerk to collect all costs and fees in cases both civil and criminal due him and to pay the same monthly to the treasurer of the board of public education and orphanage for Bibb County, accompanied by a sworn itemized statement thereof, for the use of the schools of said county. It is the true meaning and intention of this Act that all costs and fees herein referred to as being due to the clerk and solicitor of said court after January 1, 1917, shall be due said officers and shall be collected by them for the use and benefit of the board of public education and orphanage for Bibb County. For attendance at regular terms of said court, the sheriff shall receive the same pay, to be paid in the same manner as is now or may hereafter be allowed him for similar services in the Superior Court of Bibb County. Further amendment. Fees and costs, collection and disposition of. Sheriff's pay. SEC. 4. Be it further enacted, That Section 3 of the Act amendatory of the Act creating the City Court of Macon, approved December 11, 1900 (Acts of 1900, pages 145-6), be and the same is hereby amended by striking said section in its entirety and substituting in lieu thereof the following

Page 108

to-wit.: Section 3. The judge of the Superior Court of Bibb County may send down from the Superior Court of Bibb County all presentments and bills of indictment for misdemeanors to said city court for trial. The order so transmitting said cases shall be entered on the minutes of both of said courts. When the judge of said superior court shall require the clerk thereof to transmit said presentments and bills of indictment to said city court from said superior court, all costs and fees due the clerk of said superior court, and the sheriff of Bibb County which have accrued in said superior court in the cases so transferred, shall follow said cases and shall participate generally in the distribution of the fines and forfeitures in said city court. The proceedings in said city court in the cases so transferred shall be as provided for the trial of cases in Section 1 of the Act amending the Act creating said City Court of Macon; approved December 11, 1900 (Acts of 1900, pages 144-5). The provisions of this section shall become effective from and after the approval of this Act. Further amendment. Transfer of [Illegible Text] Procedure. SEC. 5. Be it further enacted, That Section 43 of the Act creating the City Court of Macon, approved August 14, 1885, as amended by an Act approved October 20, 1887 (Acts of 1887, page 705), be amended by striking said original Section 43, as so amended, in its entirety and substituting in lieu thereof, the following, to-wit.: That immediately after the adjournment of each regular term of said court, or at any time previous thereto as he may deem proper so to do, the judge of said court shall distribute the fines and forfeitures arising from cases tried in said court; said fines and forfeitures shall be distributed as follows: All bills for insolvent costs due the solicitor-general, the solicitor of said court, the clerk of the superior court, the sheriff and clerk of said city court shall be approved by the judge of said city court and entered on the minutes thereof, and when the judge distributes said fines and forfeitures he shall pay the same to the solicitor-general, solicitor, the clerk of the superior court, the sheriff and the clerk of said court, pro-rata on their bills for insolvent costs for fees in

Page 109

cases in said city court, and in those cases transferred from the superior court of said county; and when said bills for insolvent costs of said named officers are fully paid, the judge shall order the surplus paid to the treasurer of the board of public education and orphanage for Bibb County, for the use of the schools of said county. In the event the insolvent costs bills of the sheriff of said City Court of Macon and the clerk thereof are not fully paid when such distribution is so made, then said bills shall be credited with the amount appropriated by the order of the judge and the balance due said clerk and sheriff shall be carried forward as insolvent costs in the same manner as a similar balance due the solicitor-general and solicitor are carried forward; provided, that in all cases in which the Municipal Court of the city of Macon, or a justice of the peace has bound over any offender to said city court (or the superior court and the case is afterwards transferred to said city court) the Municipal Court of the city of Macon or the justice of the peace so binding over shall be entitled to share as to its, or his costs, in the particular case with the sheriff, clerks and solicitor-general (or solicitor) upon the same terms in any fine or forfeiture that may arise therefrom. Provided, that the provisions of this section shall not become operative until on and after January 1, 1917. Further amendment. Fines and forfeitures, disposltion of. Insolvent cost bills. When effective. SEC. 6. Be it further enacted by the authority aforesaid, That the compensation of the officers of said city court, as herein provided for, as well as the salary of the judge of said court, is hereby declared to be a part of the legitimate expenses of said City Court of Macon. Expenses of the court. SEC. 7. Be it further enacted, That whenever the judge of said city court is, from providential causes, unable to discharge the duties of his office, or from any cause is disqualified from presiding, or whenever in the opinion of said judge the business of said court is congested, the said judge is hereby authorized and empowered to designate a judge of the superior court, or of a city court, to preside in said City Court of Macon, and it shall be lawful for the said judge, so designated to preside in said city court en banc

Page 110

or in divisions with the regular judge of said city court whenever the same, in the discretion of said city court judge, may be necessary. Judge of other court may preside. SEC. 8. Be it further enacted, That the judge of said City Court of Macon is hereby authorized and empowered to appoint at each term of said court not exceeding four (4) bailiffs as officers of said court. Bailiffs. 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 16, 1915. MILLER CITY COURT, ELECTION TO ABOLISH. No. 113. An Act to repeal an Act establishing the City Court of Miller County, approved August 8th, 1908, and all amendments thereto: To provide for disposition of all matters therein pending; to provide for the transfer, trial and disposition of all civil and criminal cases from said court to the Superior Court of Miller County, to provide for an election by the people for the purpose of ratifying the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the above recited Act which was approved August 8th, 1908, entitled: An Act to establish the City Court in and for the County of Miller, to provide for the election and qualification of the judge and solicitor of said court, and for other purposes, and also an amendment to said Act approved August 6th, 1909, entitled: An Act to amend an

Page 111

Act approved August 8th, 1908 (Georgia Laws 1908, page 180), creating and establishing the City Court in and for the county of Miller, by providing for the payment of the salaries of the officers of said court out of the fines and forfeitures thereof, and for other purposes, and also an amendment to said Act which was approved August 5th, 1913, entitled: An Act to amend an Act creating and establishing the City Court of Miller County, approved August 6th, 1909, and for other purposes, he and the same are hereby repealed, and the said City Court of Miller County is hereby abolished; provided a majority of the qualified voters of Miller County at an election to be held for the purpose, vote for the repeal and abolishment of said city court. Repeal of Acts of 1908, 1909, 1913. Proviso. SEC. 2. Be it further enacted, That all mesne and final process from the City Court of Miller County, which had not been executed at the time this Act takes effect, shall be, and the same is hereby made returnable to the Superior Court of Miller County; and all claims, illegalities and other issues of law or fact arising from the execution of such process shall be returnable as though such process had issued from the Superior Court of Miller County. Return of process, etc. SEC. 3. That all cases, both civil and criminal, and all other business pending in the said City Court of Miller County, be, and the same is hereby transferred to the Superior Court of Miller County, there to be tried as early as possible, under the same rules, laws and regulations as govern trials in said superior court; and the next term of said superior court held after this Act takes effect shall be the trial term of all business of every kind and description which is then pending in the said City Court of Miller County. Transfer of pending business. SEC. 4. Be it further enacted, That an election shall be held in and for the county of Miller for the purpose of ratifying or not ratifying the provisions of this Act; that said election shall be ordered by the ordinary of said county of Miller to be held on the first Wednesday in October,

Page 112

1915, under the same rules, laws and regulations as is now provided by law for the election of members of the General Assembly, when not in conflict with the provisions of this Act, and shall be advertised in the official gazette of the county at least two weeks prior to the date of holding said election; the result, returns and consolidations, shall be, by the managers of said election, declared in the same manner as for members of the General Assembly; that the managers of said election shall return, consolidate the result of said election as aforesaid, and it shall, on the same day, and immediately after said result has been returned and consolidated, be the duty of the ordinary of Miller County to issue a proclamation stating the result of said election, and declaring the City Court of Miller County abolished, which said abolishment will then and there become effective; provided, the result of said election and a majority of the votes cast are in favor of such abolishment. Popular election to ratify this Act. SEC. 5. That it shall be the duty of the ordinary of said county to have tickets printed and supplied to the electors, and on each ticket there shall be printed the words: For City Court, and also the words: Against City Court, that those voting who are in favor of the city court shall strike out the words: Against City Court and those voting who are against the city court shall strike out the words: For City Court. Tickets. SEC. 6. That all persons who are qualified to vote for members of the General Assembly shall be qualified to vote for or against the provisions of this Act; that should a majority of the votes cast at said election be in favor of the abolishment of said city court, then it shall be the duty of the ordinary of said county of Miller to issue his proclamation as hereinbefore required. Qualification of voters. SEC. 7. That it shall be the duty of the ordinary or commissioners or other person or persons having charge of the county affairs of Miller County, to pay out of the funds of said county all expenses of said election. Expenses. SEC. 8. That all laws and parts of laws in conflict with

Page 113

the provisions of this Act shall be and the same are hereby repealed. Approved August 12, 1915. MADISON CITY COURT, JUDGE AND SOLICITOR. No. 101. An Act to repeal an Act entitled An Act to amend an Act approved August 15th, 1910, to establish the City Court of Madison in the city of Madison, county of Morgan, to define its [Illegible Text] and powers; to provide for the election of a judge and other officials thereof, etc., so as to make the judge and solicitor of said court appointed by the Governor and not elected as now provided, and for other purposes, approved August 18th, 1913, and to re-enact in lieu thereof so much of said original Act, approved August 15th, 1910, creating said court as provided for the election of the judge and solicitor of said court by the people of Morgan County; the manner in which vacancies in said offices of judge and solicitor shall be filled, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 8th, 1913, entitled, An Act to amend an Act approved August 15th, 1910, to establish a City Court of Madison in the city of Madison, county of Morgan, to define its jurisdiction and powers; to provide for the election of a judge and other officials thereof, etc., so as to make the judge and solicitor of said court appointed by the Governor and not elected as now provided, and for other purposes, be and the same is hereby repealed. Act of 1913 repealed.

Page 114

SEC. 2. Be it further enacted by the authority aforesaid, That the judge and solicitor of said City Court of Madison shall be elected by the people of Morgan County; that their respective terms of office shall be four years and until their successor or successors are elected and qualified, and all vacancies in said office of judge or solicitor shall be filled by a special election to be called by the ordinary of said county within thirty days of the occurring of such vacancy, and it is hereby made the duty of said ordinary to call said election in such case. The first election, under this Act, shall be held at the regular election for county officers in November, 1916, and the term of office of the persons elected judge and solicitor shall begin on January 1st, thereafter, but this shall not be construed to prohibit a special election to be called by the ordinary to fill a vacancy in the office of judge or solicitor should one occur prior to the election for county officers in November, 1916. Judge and solicitor to be elected. 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, 1915. MONTICELLO CITY COURT, ELECTION TO ABOLISH. No. 244. An Act to repeal an Act to establish the City Court of Monticello, in and for the county of Jasper, to define its jurisdiction and powers; to provide for the election of a judge and solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trial therein, and for writs of error therefrom, and for other purposes.

Page 115

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to establish the City Court of Monticello, in and for the county of Jasper; to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and for writs of error therefrom, and for other purposes, approved August 21, 1906, together with all amendatory Acts thereof, August 22nd, 1907, August 18, 1908, August 7, 1912, be and the same is hereby repealed; Repeal of Act of 1906. Provided, however, that this Act shall not go into effect until the same shall Lave been ratified by a majority of the voters of said county, voting in an election herein provided in the following Sections of this Act. Proviso 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 on the first day of January, 1916, for the purpose of submitting the ratification of this Act to the qualified voters of Jasper County, notice of which election shall be published in the Monticello News once a week for four weeks prior to the date so fixed, and said election shall be held and conducted under the same rules and regulations as govern the election of county officers for said county. The tickets shall be provided by the ordinary which shall be in the following form: For abolishing the City Court, and Against abolishing the City Court, respectively. Election as to abolishment of the court. SEC. 3. Be it further enacted, That it shall on the same day and immediately after said returns have been returned and consolidated, be the duty of the ordinary of Jasper County to declare the result of said election, and if a majority of those voting at this election shall vote For abolishing the City Court, then the court shall be and the same is hereby abolished; and it shall be the duty of the ordinary to so declare; and should a majority of those voting

Page 116

vote Against abolishing the City Court, this Act shall not go into effect. Declaration of result. SEC. 4. Be it further enacted, That in the event said court is abolished as provided in Section three hereof, all cases in said city court, at the time this Act shall go into effect, whether civil or criminal, shall be transferred to the Superior Court of Jasper County; and said cases shall be tried in the Superior Court of Jasper County, and all illegalities, claims, and answers to any garnishment proceeding, growing out of any execution, decree or judgment or process, or writ, or any order of said city court, shall be returned to said Superior Court of Jasper County for trial; and all witnesses subp[oelig]n[aelig]d in cases in said city court shall attend the Superior Court of Jasper County from term to term, until the said cases so transferred shall be disposed of, and in all of said transferred cases, whether civil or criminal, the cost in said cases shall be taxed and be the same as are fixed and prescribed by the Act creating the City Court of Monticello, and those amendatory thereof. Transfer of cases, etc. SEC. 5. Be it further enacted, That all records, papers, books of every nature belonging to said City Court of Monticello shall be turned over to the Superior Court of Jasper County, and be deposited in the office of the clerk of said court. Records and books. SEC. 6. Be it further enacted, That on the trial of any of such transferred cases, the dockets, minutes, and other records of the City Court of Monticello shall be used as original records in any of said cases, and shall be admissible as original evidence; and should said records be required in other counties or jurisdiction, the clerk of the Superior Court of Jasper County shall be authorized and required to certify to the same. Records as evidence. SEC. 7. Be it further enacted, That it shall be the duty of the ordinary, or other person or persons having charge of the county affairs of Jasper County; to pay out of the funds of said county all expenses of said election. Expenses of election.

Page 117

SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. REIDSVILLE CITY COURT, JURY, SALARY, TERMS. No. 233. An Act to amend an Act establishing the City Court of Reidsville, in and for Tattnall County, Georgia, approved August 22, 1905, and also to amend an Act amending the City Court of Reidsville, approved August 10, 1906, so that when said two Acts are amended this Act shall provide for trial of all civil and criminal cases in said court by six jurymen, and to fix the salary of the judge of said court at $75.00 a month, and to give said judge the power to call a special term of said court for the trial of civil or criminal cases at any time, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section Twenty-nine of the Act of 1905, establishing the City Court of Reidsville is hereby repealed, and the following is hereby created in lien of the same: That twenty-four jurors shall be drawn, summoned and impanelled, and if by reason of non-attendance or disqualification of any of said regular panel, the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the superior court. In all civil cases there shall be twelve jurors furnished to try said case and each side shall strike three from the panel of twelve thus furnished, and in criminal cases the defendant shall strike four and the State two

Page 118

from said panel, and the remaining six shall constitute the jury to try said case. When a jury of six shall have retired for the purpose of considering a case, the parties in any case shall agree and be compelled to proceed to try any other case, civil or criminal, in the way set out above and under the same number of strikes, and this shall constitute a legal jury. Each juror shall receive two dollars a day for his services while acting as a juror in said city court. Juries to be drawn only for the quarterly terms, or an adjourned quarterly term, or for a special term called in the discretion of the judge of said court. Any defendant may waive trial by jury and have his case both as to law and facts tried before the judge of said court without a jury, and this shall apply to either civil or criminal cases. Each defendant shall sign by himself or his attorney on the back of the pleadings in said case whether he demands a jury allowed by law, or not, and this shall apply to civil and criminal cases. Act of 1905. Jurors and Jury. Pay. When drawn. Waiver. Demand. SEC. 2. Be it enacted by the authority aforesaid, That Section Two of the Act of 1906 amending the City Court of Reidsville and approved August 10, 1906, shall be amended by striking from the line next to the last line in said section, the figures $1,200.00 and establishing in lieu of the same $900.00, and thereby leaving the salary of the said judge of said city court at $900.00 a year as provided in the original Act creating said city court. Act of 1906 amended. Judge's salary reduced. SEC. 3. Be it enacted by the authority aforesaid, That the judge of said City Court of Reidsville shall have authority to call a special term of said court for the trial of civil or criminal business whenever in his discretion the condition of the civil or criminal docket demands the same, and he shall give the jurors thus drawn and all parties interested in the business to be disposed of at said special term at least ten days' notice of said special term of court, and said special term shall always be held upon the second Monday of whatever month it is called for. Special terms of court.

Page 119

SEC. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. SAINT MARYS CITY COURT ABOLISHED. No. 193. An Act to repeal an Act approved August 17th, 1908, entitled An Act to establish the City Court of St. Marys, in and for the county of Camden; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes; to repeal that certain other Act approved August 4th, 1909, entitled, An Act to amend an Act entitled `An Act to establish the City Court of St. Marys, in and for the county of Camden; to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes;' approved August 17th, 1908; and to repeal all other amendments to said first mentioned Act; to abolish said City Court of St. Marys, in and for the county of Camden, and to provide for the disposition of all books, papers, records, dockets, minutes belonging to said court, and all of suits pending therein, and all matters pertaining thereto; and to provide that all causes, both civil and criminal, pending therein, shall be transferred to the Superior Court of said Camden County for disposition, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the

Page 120

passage of this Act, an Act of the General Assembly, approved August 17th, 1908, entitled An Act to establish the City Court of St. Marys, in and for the county of Camden; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes; and that certain other Act approved August 4th, 1909, entitled An Act to amend an Act entitled `An Act to establish the City Court of St. Marys, in and for the county of Camden; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes,' approved August 17th, 1908; and all other Acts amendatory of said first mentioned Act, be and the same are hereby repealed. Acts of 1908 and 1909 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all suits pending in said City Court of St. Marys be and the same are hereby transferred to the [Illegible Text] Court of said Camden County for disposition; and all judgments and [Illegible Text] rendered in and by or issued from said city court prior to the time this Act shall go into operation are hereby kept alive and of full force and vigor, and that all such executions and other mesue and final process of said City Court of St. Marys which shall have not then been executed, shall be returnable to the superior court of said county: and all claims, illegalities and other issues or contested matters arising from the execution of said processes and fi. fas., shall be returnable and determinable as though the same had issued from the superior court of said county. Transfer of pending suits, etc. SEC. 3. Be it further enacted by the authority aforesaid, That all criminal causes founded on indictment and pending in said City Court of St. Marys when this Act becomes effective, shall be transferred to the superior court of said county for disposition; and all criminal causes founded upon accusations then pending in said city court shall be at once heard by some justice of the peace or some notary public and ex-officio justice of the peace of said

Page 121

county, who shall have power to bind over the [Illegible Text] for his or her appearance at the next term of the superior court of said county or to discharge such accused person or persons, in the same manner as if originally brought before such officer on a warrant; provided, however, that when the accused has been regularly bound over upon a warrant after preliminary hearing to the City Court of St. Marys, or has given bond for appearance before said court, such commitment or bond shall be considered sufficient and valid to secure his presence at the next term of the superior court of said county to answer to indictment, without further investigation, just as if such accused had been originally bound over to said superior court. Transfer of criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That all motions for new trial pending in the City Court of St. Marys when this Act shall become effective shall be heard and determined by the judge of the superior courts of the Brunswick Judicial Circuit; and that after this Act becomes effective, when judgment shall be rendered in the Supreme Court or the Court of Appeals of Georgia in any cause pending therein from the City Court of St. Marys, the clerk of such court shall transmit the remittitur in such cause to the clerk of the Superior Court of said Camden County, where it shall be or shall be made the judgment of said court, as having jurisdiction therein. Pending motions and writs of error. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, records, minutes, books, records and papers pertaining to the business of the City Court of St. Marys shall immediately upon this Act becoming operative be delivered by the clerk of said court to the clerk of the Superior Court of Camden County to be preserved by the latter as part of the records of said superior court. Books and papers. SEC. 6. Be it further enacted by the authority aforesaid, That in all suits brought in the City Court of St. Marys and returnable to the November term, 1915, where service has been regularly perfected and where the same would stand for disposition at the February term, 1916,

Page 122

of said court, the defendant or defendants in such suit shall make their defenses thereto at the November term, 1915, of said superior court; and all suits brought to the August term, 1915, of said city court, where service has been regularly perfected, shall stand for trial at the November term, 1915, of said superior court, and all other causes pending in said city court at the time this Act shall go into effect shall stand for trial at said November term, 1915, of said superior court. [Illegible Text] and trials in superior court. SEC. 7. Be it further enacted by the authority aforesaid, That the provisions of this Act shall become operative on September 1st, 1915, on and after which date said City Court of St. Marys shall be abolished and shall cease to exist. Effective on September 1. 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, 1915. [Illegible Text] CITY COURT, PROCEDURE, ETC. No. 121. An Act to alter, amend and revise the several laws relating to the City Court of Savannah. SECTION 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 chief judges of the Municipal Court of the city of Savannah be and they are hereby made ex-officio judges of the City Court of Savannah, and they are directed to preside in the City Court of Savannah in the trial of criminal causes; in the trial of causes where the judge of the said court is disqualified; and in such other causes as may be required by law or by the exigencies of the said court. Chief judge of municipal court ex-officio judge.

Page 123

SEC. 2. Be it further enacted, That the said court may be held in divisions so that different cases may be tried in said court contemporaneously by the different judges thereof. Divisions of court. SEC. 3. Be it further enacted, That the sessions of said court shall be held on the first Monday in January, March, May, July, September and November of every year. The monthly sessions held for the trial of criminal cases are hereby abolished. To these ends Section 4916 of the Code of 1882, embodying the laws of the City Court of Savannah is amended to read as follows: Sessions: The sessions of said court shall be held on the first Monday in [Illegible Text] March, May, July, September and November of every year and all causes except attachments shall be triable at the first term. Terms, when held. SEC. 4. Be it further enacted, That when the trial or hearing of any cause, civil or criminal, said court has been commenced and is in progress before a jury of the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for another session of said court; and the court may proceed therein and bring it to a conclusion, in the same manner and with the same effect as if another stated term of the court had not intervened. Trials to be [Illegible Text] SEC. 5. The judge of said court shall have power and authority to grant new trials under the principles of law governing the grant of new trials, but all motions for new trial must be filed within three days from the date of the verdict sought to be set aside, and the said judges shall so order the proceedings that the motion shall be heard as soon as practicable, not later than forty days from the date of the said verdict. The motion after having been filed may be amended in any particular before the date of the hearing. Said judges shall determine each ground of the motion, and in the order passed thereon shall definitely state the grounds sustained and those overruled. No second new trial shall be granted in any case except for errors of law or where there is no evidence to support the verdict. Motion for new trial; filling and hearing. Second new trial.

Page 124

SEC. 6. Immediately after the passage of this Act the clerk of the court shall provide locks for the lid to each apartment of the jury box and the same shall be locked at all times except when necessary to take out and replace the tickets containing the names of the traverse jurors after each revision of the jury lists. The judges in drawing juries shall draw but one ticket from the box at a time, and each juror whose name is on a ticket taken from the box shall serve twelve days unless he is excused from service by the court. No person whose name is drawn other than as above provided shall be competent to serve as a juror in said court. Locked jury-boxes. Drawing of jurors. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. SAVANNAH MUNICIPAL COURT ESTABLISHED. No. 129. An Act to carry into effect in the city of Savannah the provisions of the Amendment to Paragraph 1, Section 7, of Article 6, of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justices' courts and the office of justice of the peace in certain cities, as further amended by an Act of the Legislature of Georgia, approved July 29th, 1914, and ratified November 3rd, 1914, relating to the abolition of said courts and officers in the city of Savannah, 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 justices' courts and the office of justice of the peace in the

Page 125

city of Savannah, and to establish in lieu thereof the Municipal Court of Savannah in the city of Savannah; to define its jurisdiction and powers; to provide for the appointments, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trial therein; to abolish the office of constable in said city; to define the jurisdiction of said court as to amount and subject matter, and the territorial jurisdiction of each section 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 effective January 1st, 1916, all justices' courts and the office of justice of the peace and of notary public ex-officio justice of the peace in the city of Savannah, and the office of constable in the city of Savannah, be and the same are hereby abolished, and in lieu thereof, the Municipal Court of Savannah is hereby created and established with the jurisdiction, judges and officers hereinafter provided. [Illegible Text] courts abolished. Municipal court created. SEC. 2. Be it further enacted by the authority aforesaid, That the territorial jurisdiction of said Municipal Court of Savannah shall be co-extensive with the corporate limits of the city of Savannah as same now or may hereafter be, and in addition thereto the said court shall have, territorial jurisdiction over that part of the county of Chatham not located in the corporate limits of the city of Savannah. Territorial jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That the jurisdiction of the Municipal Court of Savannah as to civil and criminal matters shall in all respects be the same as the jurisdiction of justices' courts in the county of Chatham at the date of the passage of this Act, and in addition thereto, the said court shall have jurisdiction

Page 126

in trover and in bail trover proceedings, in which the value of the property sued for, exclusive of hire, does not exceed the principal sum of one hundred dollars. Civil and criminal jurisdiction. SEC. 4. Be it further enacted by the authority aforesaid, That the procedure, pleading and practice in said Municipal Court of Savannah shall be the same as that prescribed by law at the date of the passage of this Act for justices' courts, and on appeal, certiorari, and all other matters, the procedure in said court, except where changed by this Act, shall be the same as prescribed by law for said justices' courts. Procedure, pleading and practice. SEC. 5. Be it further enacted by the authority aforesaid, That where an appeal is taken so that if the case were in a justice court that said appeal would be heard by a jury in a justice's court, then such appeal shall be heard and determined, as fully as said jury would determine it, by the other two judges who did not preside at the original hearing of the case, unless the party appealing shall, at the time of making said appeal, demand in writing a trial by jury and deposit with the clerk the sum of three dollars as jury fees, and if said two judges disagree, such appeal shall be tried by a jury, and in the event of such written demand or disagreement by said two judges, the said municipal court jury shall be selected and impanelled as is now provided in justices' courts, except that the jurors may reside in any district of the city of Savannah, and each juror shall receive for his services the sum of fifty cents for each case actually tried by him. Jurors shall be paid by the clerk of said court out of the costs taxed and collected by said court for jury fees, of which he shall keep a separate record. In addition to the other costs to be taxed by the court, the court shall tax against the losing party three dollars in each case tried by a jury as costs for jury fees, and if the party originally making the written demand for trial by jury and depositing with the clerk the said sum of three dollars as jury fees prevails in such proceedings the amount of said deposit shall be taxed as aforesaid

Page 127

against the losing party as a part of the costs in the case, and if recovered, shall be refunded to the party depositing same, after all costs have been paid. Appeals, trial of. Costs. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a chief judge and two associate judges of said court, and each of the three judges of said court shall have all the power, authority and jurisdiction that a justice of the peace now has under the laws of Georgia. Any attorney at law who is a resident of Chatham County, and who has practiced law continuously for one or more years, shall be eligible to hold office as associate judge of said court, but in addition to the foregoing qualifications, the chief judge of said court must have practiced law for five years or more. No such judge or chief judge shall hold any other public office of honor, trust or profit or practice as an attorney or counsellor at law, but each judge of said court shall devote his whole time and capacity, so far as public interests demand, to the duties of his particular office as prescribed by law. Judges. Eligibility SEC. 7. Be it further enacted by the authority aforesaid, That the chief judge of said court, in addition to the exercise of all powers as a judge of said court, shall have the general superintendence of the business of said court. He shall have the power to divide the court into sections or divisions, and to determine the division of the business of said court, and shall assign the judges to attend to the duties of said court and the divisions or sections thereof. He shall prescribe the hour for the opening of said court, and for the attendance of judges, clerks and bailiffs thereof, and shall generally have authority to make such rules, not inconsistent with the provisions of this Act, or with the published rules of the court, as shall in the judgment of said chief judge, seem advisable for the prompt and satisfactory disposition of the business of said court; provided that in the case of the illness or absence of said chief judge, he may designate by an order duly filed with the clerk of said court, one of the associate judges of the court to act

Page 128

as chief judge pro tempore, who shall have the foregoing powers and authority given in this section to the chief judge, during the illness or absence of the chief judge. Chief Judge, power and duty of. SEC. 8. Be it further enacted by the authority aforesaid, That the chief judge of said court shall be ex-officio a judge of the City Court of Savannah, and he is hereby directed to preside in the City Court of Savannah in the trial of criminal cases, in the trial of causes where the judge of the city court is disqualified, and in such other cases as may be required by law or by the exigencies of the court. As ex-officio judge of the City Court of Savannah, said chief shall, while presiding therein, have all the power and authority of the judge of the City Court of Savannah. Ex-officio judge of city court. SEC. 9. Be it further enacted by the authority aforesaid, That the chief judge and the two associate judges of said municipal court shall be elected by the mayor and aldermen of the city of Savannah in council assembled within thirty days from the date of the approval of this Act. One associate judge shall be elected for a term of one year beginning January 1st, 1916, and expiring December 31st, 1916. The other associate judge shall be elected for a term beginning January 1st, 1916, and expiring December 31st, 1918. The chief judge shall be elected for a term beginning January 1st, 1916, and expiring December 31st, 1920. The successors to said judges so elected, shall be elected by the voters of Chatham County qualified to vote for members of the General Assembly, that is to say, the successor to each of said judges and the chief judge shall be elected at the general State election held next preceding the expiration of his term of office. The judges so elected shall hold office for a term of four years, or until their successors are elected and qualified. In the event of the death, resignation or removal from office of any one of said judges, the mayor and aldermen of the city of Savannah shall elect the successor or successors of said judge or judges, and the successor or successors of said judge or

Page 129

judges so elected shall hold office until the next general State election, when a judge or judges shall be elected by the people to fill the unexpired term or terms of said judge or judges who may have died, resigned or been removed from office. Election of judges. Terms of office. Unexpired terms. SEC. 10. Be it further enacted by the authority aforesaid, That the chief judge of said municipal court shall receive a salary of four thousand five hundred dollars ($4,500.00) per annum, and each of said associate judges a salary of two thousand four hundred dollars per annum, payable monthly as hereinafter provided. It shall be unlawful for any judge, clerk, bailiff or deputy clerk or deputy bailiff or other officer of said court directly or indirectly to charge or receive for his own use any fees, emoluments or perquisites of office other than the salaries provided by this Act. Salaries of judges. SEC. 11. Be it further enacted by the authority aforesaid, That any judge or the chief judge of said court may be impeached for misfeasance or malfeasance in office. Said impeachment shall be preferred by presentment of the grand jury of Chatham County, and said impeachment shall be tried before the superior court of said county under the rules governing the trial of misdemeanors. The impeachment of the judge or chief judge by the grand jury shall operate to suspend him from office until the impeachment is tried. If the verdict of the jury impanelled to try the impeachment be for the impeachment, the court shall enter a judgment removing said judge or chief judge from office, and the chief judge or judge so removed shall thereafter be ineligible to hold said office. If the judgment of the court be against an impeachment, said judge or chief judge shall be restored to his office as though no impeachment had been preferred. Impeachment, and removal from office SEC. 12. Be it further enacted by the authority aforesaid, That should any of the judges of said municipal court be disqualified from interest or otherwise, from sitting in any cause pending in said court, said judges or a majority of

Page 130

them, may select some practicing attorney at law to act as judge pro hac vice, who shall exercise all the functions of a judge or judges in such disqualified case or cases. Judge pro hac vice. SEC. 13. Be it further enacted by the authority aforesaid, That the judges of the Municipal Court of Savannah shall be commissioned by the mayor and aldermen of the city of Savannah, after election as hereinbefore set forth, and before entering upon the discharge of the duties of the office, each of said judges shall take and subscribe an oath in substance the same as that provided for the judges of the superior courts of this State. Said oath shall be taken before the judge of the Superior Court of Chatham County or the judge of the City Court of Savannah or the ordinary of Chatham County. Commission. Oath. SEC. 14. Be it further enacted by the authority aforesaid, That the judges of said municipal court shall on the first day of January, 1916, organize said court and shall prepare and promulgate such rules of procedure and practice, not inconsistent with this Act and with the laws of the State, as may be necessary or proper to carry on and facilitate the business of said court. Such rules may be modified or changed from time to time, and shall be binding upon the officers of said court, the attorneys practicing, the parties litigating and the witnesses attending therein. All such rules shall be promptly filed with the clerk of the municipal court and shall be printed within a reasonable time after their adoption, and furnished upon application to the members of the bar and the public generally. Rules of court. SEC. 15. Be it further enacted by the authority aforesaid, That there shall be a clerk and bailiff of said municipal court who shall receive a salary of one thousand five hundred dollars ($1,500.00) per annum, payable monthly. Said clerk and bailiff shall be elected by the mayor and aldermen of the city of Savannah in council assembled for a term of four years from January 1st, 1916, and may be removed from office by said mayor and aldermen during their said terms upon charges duly made and filed in writing of misfeasance

Page 131

or malfeasance and upon conviction thereof, said bailiff may appoint a deputy bailiff, with the approval of the chief judge of said court, who shall receive a salary of nine hundred dollars ($900.00) per annum, payable monthly, as hereinafter provided, and who shall hold office at the pleasure of said bailiff and chief judge. Clerk and bailiff. Deputy bailiff. SEC. 16. Be it further enacted by the authority aforesaid, That in the event the three judges of said municipal court certify that additional officers are necessary in order to properly conduct the business of said court, there shall be appointed by the clerk with the approval of the chief judge a deputy clerk, and by the bailiff with the approval of the chief judge an additional deputy bailiff and such deputies shall be paid at the rate of three dollars ($3.00) per day each for each day serving, provided that no deputy shall be appointed to serve for a term exceeding thirty days without the approval of the mayor and aldermen of the city of Savannah as to the length of said term. The chief judge of said municipal court is authorized to remove such deputies appointed in pursuance of this section, at any time that he thinks the duties of the court do not require such additional service. Deputy clerk. Additional bailiff. SEC. 17. Be it further enacted, That the clerk shall be responsible for the acts of the deputy clerk, and the bailiff shall be responsible for the acts of the deputy bailiff or deputy bailiffs. The said clerk shall give bond in the sum of five thousand dollars ($5,000.00) and said bailiff in the sum of two thousand five hundred dollars ($2,500.00), with good security, payable to the mayor and aldermen of the city of Savannah, conditioned for the faithful performance of the duties of his office by himself and his deputies, and for the true and prompt payment and accounting for all moneys by himself and by his deputies. Bonds of officers. SEC. 18. Be it further enacted by the authority aforesaid, That the clerk of said municipal court touching the business of said court shall have and exercise all the duties, powers and authority provided by law for the clerk

Page 132

of the Superior Court of Chatham County, so far as the same are applicable to and not inconsistent with the provisions of this Act, and such other duties pertaining to the business of said court as may be designated by the judges of said court or a majority of them. The clerk shall also have complete power and authority co-existent and co-ordinate with the power of the judges of said municipal court under this Act, to issue summary processes and writs which are issuable as a matter of right, to issue garnishments and attachments, to administer oaths and take affidavits, to accept and approve bonds and to discharge any and all other functions ministerial in character, which under the laws of this State, are performed by justices of the peace. The deputy clerk of said municipal court shall have and exercise all the functions and be subject to all the responsibilities and requirements of the clerk of the court. Clerk's duties and powers. SEC. 19. Be it further enacted by the authority aforesaid, That the bailiff and deputy bailiffs of said municipal court shall have and exercise all duties, powers and authority touching the business of said court provided by law for the sheriff of the Superior Court of Chatham County, so far as the same are applicable to and not inconsistent with the provisions of this Act, and such other duties pertaining to the business of said court as may be designated by the judges of said court or a majority of them. Bailiff's duties and powers. SEC. 20. Be it further enacted by the authority aforesaid, That the terms of said court shall commence on the first Tuesday of each month, and each term shall continue from day to day, but not to run longer than the Monday preceding the commencement of the succeeding term. Suits shall be filed, served and answered as now provided by law for suits in justices' courts, provided that answers to garnishments may be filed at any time during the first week of the term at which said garnishments are answerable. All summons, executions, warrants, writs and proceedings of any kind issuing from said municipal court shall be issued in the name of the chief judge of said court, and signed by

Page 133

the clerk or deputy clerk of said court; all executions, warrants, writs and summary processes of any kind issuing from said municipal court shall be directed to all and singular the bailiff and his lawful deputies of said municipal court, and to all and singular the sheriff and deputy sheriffs of this State, and shall be executed as is now provided by law for proceedings in justices' courts. Terms of court. Processes. SEC. 21. Be it further enacted by the authority aforesaid, That judgments, executions and all other processes and proceedings from said municipal court shall have the same effect and lien as is now provided for similar proceedings in the justice of the peace courts. Judgments. SEC. 22. Be it further enacted by the authority aforesaid, That all laws of force at the date of the passage of this Act relating to and governing justices of the peace and justice of the peace courts as to all matters and things of every kind and character, shall apply to said municipal court, the judges thereof and the proceedings therein, so far as the same may be applicable unless inconsistent with the provisions of this Act. Law of [Illegible Text] courts applied SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Savannah shall provide and maintain a suitable place for holding said court, at some place in the city of Savannah as near to the court house as may in the discretion of the mayor and aldermen, be conveniently and reasonably obtained; and shall provide the necessary furniture, blanks, books, typewriters, and stationery for the use of the said court; and shall provide for the payment of the salaries of the judges, clerks, bailiffs, deputy bailiffs and all other expenses of said court. The County Commissioners of Chatham County shall, so far as possible, co-operate with the mayor and aldermen in providing a place or places for the holding of said court. Place of holding court. Provisions for [Illegible Text] SEC. 24. Be it further enacted by the authority aforesaid, That the costs and fees charged in said Municipal Court of Savannah shall be the same as are provided by law at the time of the passage of this Act for justices'

Page 134

courts and constables in the county of Chatham for similar services, except jury fees; provided that when the amount recovered shall not exceed the sum of twenty dollars the charge shall be one-half of the present fees charged. Costs and fees. SEC. 25. Be it further enacted by the authority aforesaid, That each party filing a suit or proceeding of any character in said Municipal Court of Savannah shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of two dollars, as costs of suit; provided, however, that the said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, that if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party depositing the same, after all costs have been paid. Cost deposit. SEC. 26. Be it further enacted by the authority aforesaid, That where a party shall make oath that through his poverty he is unable to make the deposit of two dollars hereinbefore provided for or is unable to pay costs or to give bond, any other party at interest or his agent or attorney may contest the truth of such pauper affidavit by verifying affirmatively under oath that the same is untrue, or the chief judge of the municipal court may notify the party filing the said pauper affidavit that the court desires the truth of the same tested. The issue thereby formed shall be heard and determined by the court under the rules of the court, and if the charges be sustained, judgment shall be rendered as if no affidavit had been made or bond given. If the said charge be not sustained, where the contest has been made by the opposite party, his agent or attorney, the costs of such hearing shall be taxed against the party complaining. The judgment of the court on all issues of fact touching the ability of a party to pay costs, give bond, or to make the deposit of two dollars, shall be final. Pauper affidavit.

Page 135

SEC. 27. Be it further enacted by the authority aforesaid, That an accurate record of all costs, fees and charges in said court shall be kept by the clerk of said court, and that all costs, fees and charges of every kind and collected by any of the officers of said court shall be immediately turned over to the clerk of said court and entered at once by said clerk on his records, and on or before the fifth day of each and every month it shall be the duty of said clerk of said court to furnish the treasurer of the city of Savannah a complete, accurate and sworn copy of all costs, charges and collections and to pay over all of the moneys collected to the said treasurer of the city of Savannah; and said moneys so received by said treasurer from the clerk of said court shall be held to the credit of said court and paid out, together with any deficiency which it shall be the duty of the said mayor and aldermen of the city of Savannah to supply to said treasurer, by said treasurer upon a warrant signed by the chief judge of said court. Failure of the clerk of said court or of the officers of said court to promptly comply with the provisions of this section shall make it the duty of the mayor and aldermen of the city of Savannah to immediately remove such official from office; provided upon sufficient excuse in writing the time for the compliance by said official with this requirement is not postponed, by the chief judge by order duly made and filed. Record of costs and fees Payment over. Penalty for failure. SEC. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief judge of said municipal court to see to it that the officers of the court are diligent in the collection of costs, and to this end he shall call the execution docket of the court on some fixed day of each term and shall adopt such other measures and rules as will insure the payment of costs by the party or parties liable for the same. Diligence in collections. SEC. 29. Be it further enacted by the authority aforesaid, That a complete set of the published reports of the Supreme Court of Georgia and the Court of Appeals of the State of Georgia, and the Acts of the General Assembly of

Page 136

Georgia, commencing with the Acts of 1910, and future Acts and Reports and the Code of Georgia of 1910, shall be furnished by the State Librarian to the clerk of said Municipal Court of Savannah for the use of said court. Georgia Reports to be [Illegible Text] SEC. 30. Be it further enacted by the authority aforesaid, That the power and authority of the judges of said Municipal Court of Savannah to punish as for contempt of said court, shall not exceed a fine of twenty-five dollars or imprisonment for ten days in jail, either or both in the discretion of the court, and the matters, acts and things which may be held by said municipal court to be contempt of court shall be the same as are now prescribed within the jurisdiction of the superior courts of said State. Contempts. SEC. 31. Be it further enacted by the authority aforesaid, That all matters pending and undisposed of on the first day of January, 1916, in the justices' courts and notary public ex-officio justice of the peace courts in the city of Savannah, shall be and they are hereby transferred to the Municipal Court of Savannah for trial and disposition therein, and all final and other processes in the hands of the officers of justice courts in the city of Savannah or in the hands of officers of courts of notaries public ex-officio justices of the peace, shall be by them returned to said municipal court, and all records and papers in said justices' courts shall be delivered to said municipal court. The officers of the justices' courts hereby abolished shall be entitled to all uncollected costs which may have [Illegible Text] in cases in their respective courts so transferred up to the first day of January, 1916, upon the collection of the same by the officers of said Municipal Court of Savannah. Transfer pending matters. Any justice of the peace or notary public ex-officio justice of the peace or constable who shall fail to transmit such suits, papers and documents and to return such processes within three days after written demand for such transmission and delivery has been made by the clerk of said Municipal Court of Savannah, shall be held in contempt of said municipal court and shall be punished as provided herein in cases of contempt. Punishment for not transmitting.

Page 137

SEC. 32. Be it further enacted by the authority afore said, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. STATESBORO CITY COURT, JURISDICTION, ETC. No. 16. An Act to amend an Act creating the City Court of Statesboro, approved Aug. 10, 1903, and the several Acts amendatory thereof, by providing that the monthly terms of said city court shall have jurisdiction of suits in trover in all cases where the value of the property sued for does not exceed one hundred dollars; and providing that the times for holding the terms of said court shall be the second Monday in each month instead of the first Wednesday in each month. 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 Section 11 of the Act creating the City Court of Statesboro, approved August 10, 1903, as amended by an Act approved August 23d, 1905, as amended by an Act approved Aug. 18, 1911, and as further amended by an Act approved August 7, 1913, be and the same is hereby amended as follows: By adding the words provided that the monthly terms of said City Court of Statesboro shall have jurisdiction of suits in trover in any amount where the value of the property sued for does not exceed one hundred dollars, between the word dollars and the word the, in the twenty-first line of Section 1 of the amendatory Act, approved August 7, 1913, and by striking out the words first Wednesday, in the beginning of line 23, in Section 1 of the amendatory Act, approved August 7, 1913, and inserting

Page 138

in lieu thereof the words second Monday, so that said Section 11, when thus amended shall read as follows: Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly: the monthly terms for trial and disposition of criminal business and such civil business in which the principal sum claimed is not less than fifty dollars, and does not exceed one hundred dollars; and the quarterly terms for trial and disposition of criminal business and all civil business of whatever amount above fifty dollars, provided that the monthly terms of said City Court of Statesboro shall have jurisdiction of suits in trover for any amount where the value of the property sued for does not exceed one hundred dollars; the time for holding the monthly terms of said court shall be the second Monday in each month, and the terms of said court held in January, April, July and October shall also be the quarterly terms of said court. The terms of said court shall be held at the court house in the city of Statesboro, in said county of Bulloch, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular time for the transaction of criminal business, which does not require a jury as speedily as possible, consistent with the interest of the State and the accused, and may also hold adjourned terms of said city court for which he may draw new juries, or require the attendance of the same, as in his sound, legal discretion, may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times and the same may be tried as of the term, whether the court has been held from day to day, until said time, or not. Acts [Illegible Text] Terms of court. Jurisdiction. Discretion of judge. 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 July 31, 1915.

Page 139

WAYCROSS CITY COURT, NO COST DEPOSIT. No. 271. An Act to repeal that provision requiring an advance deposit of cost in civil cases, of an Act entitled An Act to amend an Act entitled `An Act to establish the City Court of Waycross, in and for the county of Ware; to define their powers and duties, and for other purposes,' appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes; approved Dec. 11, 1887, so as to provide for an advance deposit of costs in civil cases, approved Aug. 3, 1910, 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 amend an Act entitled `An Act to establish the City Court of Waycross, in and for the county of Ware; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes,' approved Dec. 11, 1887, so as to provide for an advance deposit of costs in civil cases, approved August 3, 1910, as set forth on page 227 of the Acts of the General Assembly of Georgia, 1910, be, and the same is hereby repealed. 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 August 16, 1915.

Page 140

TITLE II. COUNTY MATTERS. ACTS. Appling Board of Commissioners Created. Baker Board of Commissioners Abolished. Baker, Ordinary Made Commissioner. Bartow Treasurer's Office Abolished, Clerk of Board Charged with Duties. Ben Hill Commissioners, Amending Act of 1914. Ben Hill Primary Elections, Date of. Ben Hill Treasurer's Office Abolished. Bibb, Tax for Vineville School Building. Bleckley, Annual Audit of County Books. Bleckley Treasurer's Office Abolished, and County Depository Provided. Bryan Commissioners, Amending Act of 1907. Calhoun Treasurer's Office Abolished, and County Depositories Provided. Camden Treasurer's Office Abolished, and County Depositories Provided. Candler Board of Commissioners Created. Carroll Commissioner's Compensation. Carroll County Depository Established. Carroll Treasurer's Office Abolished. Charlton Road Tax Payable to Folkston. Cherokee Commissioner's Office Created. Cherokee Treasurer's Salary Fixed. Clayton Commissioners, Repealing Act. Clayton Commissioner's Office Created. Clinch Board of Commissioners Created. Clinch Treasurer's Office Abolished. Cobb Treasurer's Salary Fixed. Colquitt Treasurer's Salary Fixed. Crisp Treasurer's Office Abolished, and County Depositories Established. Dade Board of Commissioners' Secretary. Dawson Treasurer's Office Abolished, and County Depository Provided. Decatur Treasurer's Salary Fixed. DeKalb Treasurer's Office Abolished, and County Depository Provided. Douglas Treasurer's Salary Fixed. Early Board of Commissioners; Repeal of Amending Act of 1913. Echols Treasurer's Office Abolished, and County Depository Provided. Effingham Treasurer's Office Abolished. Effingham County Depository Provided. Evans Roard of Commissioners Created. Evans County Road Law Enacted. Evans Treasurer's Office Abolished. Fayette Treasurer's Office Abolished, and County Depositories Provided. Floyd Board of Commissioners Created. Gordon Treasurer's Office Abolished, and County Depositories Provided. Gwinnett Board of Commissioners Abolished. Gwinnett Board of Commissioners Created. Gwinnett Superintendent of Roads Created. Haralson Board of Commissioners Created. Haralson Treasurer's Salary Fixed. Hart Board of Commissioners, Amending Act. Hart Treasurer's Office Abolished, and County Depository Provided. Heard Treasurer's Office Abolished, and Receiver of Funds Provided. Houston Board of Commissioners; Repealing Act. Houston Board of Commissioners Created. Jasper Board of Commissioners' Reports. Jefferson Commissioner and Road Supervisor. Jefferson Treasurer's Office Abolished, and Receiver of Funds Provided. Jenkins Treasurer's Office Abolished, and County Depository Provided. Laurens Board of Commissioners; Repeal of Act of 1911. Laurens Board of Commissioners Created.

Page 141

Liberty Treasurer's Office Abolished, and County Depositories Provided. Lowndes Board of Commissioners; Repeal of Amending Act of 1906. Lumpkin Treasurer's Office Abolished, and County Depositories Provided. Meriwether Treasurer's Salary Fixed. Miller Primary Elections Regulated. Milton Treasurer's Office Abolished, and Receiver of County Funds Provided. Mitchell Commissioners; Amending Act. Mitchell Primary Elections; Date Fixed. Montgomery Board of Commissioners; Amending Act. Montgomery Treasurer's Office Abolished, and County Depository Provided. Morgan Board of Commissioners; Amending Act. Murray Treasurer's Office Abolished. Newton Treasurer's Salary Fixed. Oglethorpe Treasurer's Office Abolished, and County Depository Provided. Paulding Board of Commissioners Created. Pierce Treasurer's Office Abolished, and County Depository Provided. Pike Treasurer's Office Abolished, and County Depository Provided. Polk Board of Commissioners; Amending Act. Polk Treasurer's Compensation Fixed. Pulaski Board of Commissioners; Amending Act. Putnam Treasurer's Office Abolished, and County Depository Provided. Rabun Treasurer's Office Abolished, and County Depositories Provided. Rockdale Board of Commissioners; Amending Act. Rockdale Treasurer's Office Abolished, and County Depositories Provided. Screven Board of Commissioners Created. Screven; Authority to Employ Detectives as to Illegal Sale of Liquor. Spalding; Depository of County Funds. Spalding Treasurer's Office Abolished. Stephens Treasurer's Office Abolished, and County Depositories Provided. Taliaferro Treasurer's Office Abolished, and County Depository Provided. Tattnall Board of Commissioners Abolished. Tattnall Board of Commissioners Created. Tattnall Road Law Abolished. Tattnall Road Law Adopted. Tattnall Treasurer's Office Abolished. Telfair Treasurer's Office Abolished, and County Depositories Provided. Tift Board of Commissioners; Repealing Act. Tift Commissioner's Office Created. Tift Treasurer's Office Abolished, and County Depositories Provided. Twiggs Board of Commissioners; Repealing Act. Twiggs Board of Commissioners Created. Twiggs Treasurer's Office Abolished, and County Depositories Provided. Union Board of Commissioners Abolished. Walton Commissioners Created. Walton Ordinary's Duties as Commissioner Repealed. Walton Treasurer's Office Abolished, and County Depository Provided. Ware Board of Commissioners; Repealing Act. Ware Commissioner's Office Created. Ware Treasurer's Salary Fixed. Warren Treasurer's Office Abolished, and County Depository Provided. Washington County Attorney, Solicitor of City Court of Sandersville Designated as. Washington Treasurer's Office Abolished. Wayne Commissioners, Election of, from Road Districts. Wayne Treasurer's Office Abolished, and County Depositories Provided. Wheeler Board of Commissioners Abolished. Wheeler Commissioner's Office Created. White Board of Commissioners Created. Whitfield Treasurer's Office Abolished, and County Depository Provided. Wilkes Depository of County Funds. Wilkes Treasurer's Office [Illegible Text]. APPLING BOARD OF COMMISSIONERS CREATED. No. 6. An Act to create a Board of Commissioners of Roads and Revenues for the county of Appling, State of Georgia,

Page 142

prescribe 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 a Board of Commissioners of Roads and Revenues for the county of Appling, in said State, to consist of five commissioners, is hereby created, whose term of office shall be four years, beginning with January first, 1917, provided, that the first commissioners appointed and qualified under this Act as hereinafter provided shall hold the first term under this Act until January 1st, 1917, and that their successors shall be elected at the next general election and be so elected for a term of four years to begin on January 1st, 1917. Commissioners' terms of office. SEC. 2. No one shall be eligible to fill the office of commissioner under this Act except a qualified voter of said county, who is a freeholder, and has resided in said county for two years prior to his induction into said office, and they shall be residents of the road districts hereinafter designated, and it being necessary that this Act go into effect and operation 15 days after the passage and approval of the same, the following named citizens of said county, who are qualified voters and freeholders of said county, are hereby appointed and designated as commissioners for the first term under this Act, and to hold their office until January 1st, 1917, and until their successors are elected and qualified, to-wit.: Jasper Tyre, H. R. Williams, Sr., W. H. Tillman, C. B. Mayers and G. N. Weatherly, who reside in the several districts of said county hereinafter created. Eligibility. First commissioners designated. SEC. 3. All vacancies caused by death, refusal to qualify, resignation or otherwise in the office of any said commissioner shall be filled by appointment of the judge of the superior court of said county, till the next general election of said State and county. Vacancies. SEC. 4. Before entering upon their duties as commissioners, each commissioner shall take and subscribe to an

Page 143

oath for the faithful performance of their duties as commissioners, which oath shall be taken before the ordinary of said county, or the judge of the superior court of said county, and in addition thereto each of said commissioners shall give bond in the sum of one thousand dollars, with not less than two good and solvent sureties, and payable to and approved by the ordinary of said county, conditioned for the faithful performance of all and singular their duties as commissioners. Oath. Bond. SEC. 5. The county of Appling is hereby divided into five commissioner's districts, designated as follows: The 583rd and the 1723rd G. M. militia districts shall comprise one district; the 1563rd and 1239th districts, G. M., shall comprise one district; the 456th and 1726th districts, G. M., shall comprise one district; the 443rd and 1394th districts, G. M., shall comprise one district, and the 457th district, G. M., shall comprise one district; and each of said districts shall be entitled to one member on said board of commissioners of roads and revenues, but the powers and duties of each and every commissioner shall be co-extensive with the entire limits of said county of Appling. Districts. SEC. 6. The regular meeting of the board of commissioners shall be held at the court house once a month, on the first Tuesday in every month, and special meetings may be had from time to time, as necessity may require, at such times as may be fixed by the chairman of said board of commissioners, of which due notice shall be given each commissioner at least three days before the time of such meeting. But in no event shall said commissioners be entitled to compensation for their services in attendance upon said meetings for a greater number of days than twenty days in one calendar year, and in no event shall any commissioner be paid for a greater length of time in addition to the time named for attendance upon meetings than fifteen days, for services rendered in behalf of said county outside of the attendance upon said meetings. Within the limit above named, each commissioner shall be paid the sum of three dollars per day for actual services rendered. Meetings. Compensation limited

Page 144

SEC. 7. It shall not be lawful for any commissioner to enter into any contract with said board of commissioners, or with the county of Appling, nor shall any firm or corporation with which said commissioner may be a member enter into contracts for the performance of any services to said county or to said commissioners, or for the furnishing to said county or said commissioner any supplies, commodity or thing for the use and benefit of said county, and any commissioner violating the provisions of this section shall be guilty of a misdemeanor, and punished as prescribed by the general laws of said State for the punishment of misdemeanors, and that any violation hereof shall also be good grounds of impeachment. Contracts forbidden. Penalty. SEC. 8. The board of commissioners shall select a clerk who shall hold his office subject to the pleasure of said board, and who shall before entering upon the discharge of his duties give bond in a sum not less than two thousand dollars, payable to said board, conditioned for the faithful discharge of his duties as clerk of said board and also shall take and subscribe to an oath before the ordinary of said county for the faithful performance of the duties of the office to the best of his skill and ability, which bond shall be approved by said board of commissioners. Any county officer is eligible to and may be selected as clerk of said commissioners. It shall be the duty of the clerk to keep a complete minute and record of all the proceedings of said board at the county site, and to perform such other duties as may be prescribed by said board, and his compensation shall be fixed by said board. Clerk, Bond and oath. Eligibility. SEC. 9. Said board of commissioners of roads and revenues shall have exclusive jurisdiction over the following matters: In directing and controlling all of the property of the county as they may deem expedient according to law; in levying taxes according to law; in altering, establishing or discontinuing public roads, ferries, bridges and other highways according to law; in establishing or abolishing election precincts or militia districts; in supervising tax receivers' and tax collectors' books; in settling all claims

Page 145

against the county; in examining and auditing all claims against the county; in examining the accounts of the officers of the county and bringing them to settlements; having the care, management and control of the finances of the county, and the collection and disbursement of all such finances; in controlling and managing and working the convicts of said county; in working the public roads of said county; and the levy and collection of a per capita tax and a property tax therefor; in making rules for the support and maintenance of the poor of the county; in the selection and discharge or suspension of all minor agents or employees of said county, as superintendent of the poor farm, convict guard, road superintendent and the like; to open, work, grade and improve the public roads of said county either by convicts, by contract or by hired labor, and generally to do and perform all and singular the acts and things performed by the ordinary of said county, when sitting for county purposes. Jurisdiction of the board. SEC. 10. All of the general laws of said State applicable to the duties and powers of county commissioners, and all of the laws of said State applicable to the working and improvement of the public roads of said county, except so far as in this Act otherwise enacted, shall be of force in said county, except that the convicts of said county shall not be employed in working, improving or grading any public road in said county of a less width than thirty feet. Provided, however, they may be worked in keeping up roads of less width, which have been already laid out and graded. General laws applicable as to roads. SEC. 11. The general laws of said State now in force in said county of Appling shall govern said commissioners in the collection of the per capita tax, in the summoning of road hands to work upon the roads, the trial and fining of road defaulter, except that each male inhabitant of said county between the ages of twenty-one and fifty years, who is not exempt under the general laws of said State, shall be subject to road duty in said county three days of eight hours each, and, provided, further, that such persons may be exempt from work by paying to the overseer the sum of

Page 146

three dollars on or before the day named for the time of working upon the roads. Per capita tax. SEC. 12. The summoning of the road hands upon the roads of said county, the collection of the commutation tax paid in lieu of work on the public roads, and the work and repair of the public roads of said county by means of all funds realized from the collection of such commutation tax shall be carried on by such overseers as the board of commissioners may appoint from time to time, of which there shall at no time be less than one overseer in each militia district, who shall be subject to such rules and regulations as the board of commissioners may adopt, and whose powers, duties and liabilities shall be fixed by said board, and who shall each give bond payable to said board in a sum not less than double the amount of money to be received by each, with good and sufficient security to be approved by said board, conditioned for the honest and faithful discharge of their duties and for the faithful payment and disbursement of all funds coming lawfully into their hands as such overseers; and shall receive such compensation only as may be fixed by said board of commissioners. Road work. Overseers. SEC. 13. All funds collected on account of the building and improvement of the public roads in said county shall be apportioned by militia districts, and the amount of taxes collected as per capita tax shall be expended in the districts in which it is collected, and the amount received from taxes levied upon the property of said county, shall be expended in each district wherein such taxes are collected, and the commissioners and county treasurer are required to keep separate accounts in the name of each district, and all funds collected by tax levy credited to the account of the district in which collected, and all expenditures on roads shall be charged to the account of the district where the work was done and on account of which the indebtedness was contracted. Road funds. Accounts. SEC. 14. All funds now in the hands of the treasurer of said county, immediately upon the passage of this Act, shall be converted into a general road fund to be expended in any

Page 147

portion of the county where work is the most needed, and all funds levied and collected on account of the building of bridges shall be levied, collected and paid out for the county as a whole and not by district. Conversion of funds. SEC. 15. This Act shall become effective fifteen days after approval of the same by the Governor. SEC. 16. All laws and parts of laws in conflict are hereby repealed. Approved July 29, 1915. BAKER BOARD OF COMMISSIONERS ABOLISHED. No. 3. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Baker; to define their powers and duties, and for other purposes pertaining thereto, approved August 17, 1908, and published in the Acts of 1908, pages 270, et sequitur. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of August, 1915, an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Baker, to define their powers and duties, and for other purposes pertaining thereto, approved August 17th, 1908, and contained in the Acts of 1908, pages 270, et sequitur, be and the same is hereby repealed. Act of 1908 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, 1915.

Page 148

BAKER ORDINARY MADE COMMISSIONER. No. 5. An Act to create a Board of Commissioner of Roads and Revenues for the county of Baker, to define its powers and duties, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of August, 1915, there shall be established in the county of Baker, a commissioner of roads and revenues. The ordinary of said Baker County, duly elected under the laws of the State of Georgia, shall be ex-officio commissioner of roads and revenues for said county of Baker. Ordinary ex-officio commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That said commissioner shall sit at the court house in said county on the first Tuesday in each month and on such other days as he may determine it necessary for the purpose of transacting the business of the county of Baker, under the authority hereafter conferred. Before entering upon the duties of his office he shall make a bond in addition to the bond given as ordinary in the sum of one thousand dollars ($1,000.00), payable as the ordinary's bond and approved by the judge of the superior court and conditioned upon the faithful discharge of the duties of Commissioners of Roads and Revenues of Baker County. County business, time for. Bond. SEC. 3. Be it further enacted by the authority aforesaid, That such commissioner shall receive as a salary two hundred forty dollars ($240.00) per annum, twenty dollars ($20.00) to be paid monthly upon warrants regularly drawn by said commissioner. Salary. SEC. 4. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court of Baker County shall be ex-officio clerk for said commissioner, at a salary of sixty dollars ($60.00) per annum, five dollars ($5.00) to

Page 149

be paid monthly out of the treasury of said county upon warrants drawn by said commissioner upon the treasurer of said county. It shall be the duty of said clerk to attend all sittings of said commissioner of roads and revenues and to enter in a well-bound book an accurate, full and complete minute of all the official acts and doings of said commissioner, and to keep a record of all warrants upon the treasurer of said county, by said commissioner, which record shall show the amount of such warrants, the person to whom the amount of such warrants, the person to whom payable, for what purpose paid, and on what fund drawn. It shall also be the duty of said clerk to keep and file away all papers pertaining to business coming before said board, which shall be kept at the court house, to be open and subject to inspection by any citizens of said county who may desire to inspect same, and to submit all books and records to the grand jury of said county when required to do so by them the same as books and records of other county officers. Clerk. Salary. Duties. SEC. 5. Be it further enacted, That said commissioner shall have exclusive and original jurisdiction over the following subjects matters, to-wit.: 1. In directing and controlling all the property of the county as he may deem expedient, according to law. 2. In levying a general tax for general, and a special tax for particular, county purposes, according to the provisions of the Code. 3. In establishing, altering or abolishing all roads, bridges and ferries, in conformity to law. 4. In establishing and changing election [Illegible Text] and militia districts. 5. In supplying, by appointment, all vacancies in county offices, and ordering elections to fill them. 6. In examining and allowing all legal claims against the county. 7. In examining and auditing the accounts of all officers, having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its uses and benefits and bringing them to a settlement. 8. In the regulation and management of paupers, and disbursement of pauper fund. 9. In establishing, maintaining

Page 150

or discontinuing the present system of working the roads, and shall have full power and authority should he deem it expedient to discontinue the maintenance of the present chaingang and to provide another way of working and maintaining the roads of said county. 10. In regulating peddling of the county, and fixing the cost of license, if any be granted, and shall have the same powers in appointing road commissioners and enforcing the road laws as the superior courts or the justices thereof had by the code of this State prior to the ratification of the present Constitution; and shall exercise such other powers as were granted by said code to said justices of said court, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except such as pertains to county matters, that said commissioner shall have the same jurisdiction to the exclusion of the ordinary, as was exercised by said ordinary when sitting for county purposes, except such as to homestead applications, and except as a court of probate, or court of ordinary, and except such other powers and duties, exercised by said court of ordinary, prior to the adoption of said Constitution, as a court or otherwise. Jurisdiction defined. SEC. 6. Be it further enacted, That before the Commissioner of Roads and Revenues of Baker County shall make any purchase, contract any debts or make any sales or issue his warrant on the treasurer of the county for an amount exceeding three hundred dollars ($300.00), said commissioner shall secure the approval of the Treasurer of Baker County for such action and any purchase, contract or warrant made or issued without such approval shall be void. Approval of treasurer required. 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 July 29, 1915.

Page 151

BAKER TREASURER'S OFFICE ABOLISHED, CLERK OF BOARD CHARGED WITH DUTIES. No. 136. An Act to abolish the office of County Treasurer in Bartow County; to provide for receiving and paying out the funds of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after December 31, 1916, the office of County Treasurer of the county of Bartow, be and the same is hereby abolished. Office abolished. SEC. 2. Be it further enacted, That the public funds of the said county of Bartow shall be received and disbursed on and after December 31, 1916, by the clerk of the board of commissioners of roads and revenues of said county, in the manner and as now provided by law, and he shall discharge all other duties imposed by law upon county treasurers. Clerk to discharge duties. SEC. 3. Be it further enacted, That before said clerk of the board of commissioners of roads and revenues of said county, shall be authorized to receive and disburse any of the public funds of said county, or discharge the duties now imposed by law upon county treasurers, he shall make and give bond with good and sufficient security, in the sum of twenty thousand dollars, for the faithful discharge of the duties now performed by the county treasurer; said bond to be executed by some lawfully authorized surety company, doing business in the State of Georgia, and to be payable to the county of Bartow, and approved by said board of commissioners and entered on the minutes of said board of commissioners, and shall thereafter be filed with the ordinary of said county, and recorded as county officers' bonds are recorded. Bond. SEC. 4. Be it further enacted, That said clerk of said board of commissioners of roads and revenues shall be elected

Page 152

for a term of four years, by said board of commissioners at the first regular meeting of said board of commissioners in January, 1917, and thereafter every four years, but he shall hold said office until his successor shall have been elected and qualified; provided, however, that said board of commissioners, may at any time, on good cause shown, remove said clerk and appoint someone else for the balance of the term. Term of office. Removal. SEC. 5. Be it further enacted, That said clerk shall be entitled to receive as compensation for the performance of the duties now devolving upon the Treasurer of Bartow County the sum of six hundred dollars per annum, and such other compensation for the performance of other duties devolving upon him as clerk of said board of commissioners as the board of commissioners may itself determine. Compensation. SEC. 6. Be it further enacted, That the clerk of the board of county commissioners may require security of any bank or banks, designated by him as a depository of county funds in his hands, conditioned for the faithful accounting of all county funds so deposited therein by said clerk, and said security shall be entered upon the minutes of said board of commissioners, and then filed with the ordinary for record as county officers' bonds are recorded. That said clerk of the board of commissioners may change such designation whenever he deems proper and expedient to do so. That said county of Bartow shall have a lien on the assets of such depository for all funds deposited therein. Depository, security from. Lien. SEC. 7. Be it further enacted, That said board of commissioners shall pay the premium on the bond herein required of said clerk of the board of commissioners out of the county funds. Premium on bond. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 13, 1915.

Page 153

BEN HILL COMMISSIONERS; AMENDING ACT. No. 52. An Act to amend an Act entitled 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, approved August 15, 1914, so as to strike from Section 10 of said Act and to repeal all provisions therein relating to or requiring the filing in duplicate in the office of the ordinary of said county all statements of claims or accounts ordered paid by the board of commissioners of roads and revenues of said county and requiring the commissioners to furnish to the ordinary at the county's expense cabinets or other furniture for the filing of such statements, 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 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, approved August 15th, 1914, be and it is hereby amended by striking from Section 10 of said Act the following words, to-wit.: 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 also the following words, to-wit.: It shall be the duty of the clerk of the said board of commissioners to see that such statement of the claim or account

Page 154

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 to identify the particular statement in payment of which it is 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 said verified statements, so that Section 10 when so amended will read as follows, to-wit.: 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 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, 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 meeting of said board. Act of 1914 amended. To be read as amended. Warrants or orders on treasurer. SEC. 2. Be it further enacted by the authority aforesaid, That Section 11 of said Act is hereby amended by striking from said section the words: A copy of which itemized statement shall be filed in the office of the ordinary of the county and one, so that said section as amended will read as follows, to-wit.: 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

Page 155

and other papers, and to arrange and keep in order of then 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. 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 treasury, the amount of each order or warrant and the person in whose favor same was drawn, 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. Clerk and attorney, duties of. Publication of itemized statements SEC. 3. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. BEN HILL PRIMARY ELECTIONS, DATE OF. No. 107. An Act to cause a permanent date for county primary elections in Ben Hill County, said date to be on same date as State primary. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all primary elections held in Ben Hill County for the nomination of county officers, shall be held on the same date the State primary is held for the nomination of State house officers;

Page 156

and the county executive committee of said county shall have no authority to call such primaries for any time other than on the date as such State primaries are held. On date of primary for State house officers. 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, 1915. BEN HILL TREASURER'S OFFICE ABOLISHED. No. 59. An Act to abolish the office of County Treasurer in and for Ben Hill County. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the office of County Treasurer in and for Ben Hill County, be, and the same is hereby abolished; provided, that this Act shall not take effect until January 1, 1917. Office abolished after 1916. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. BIBB; TAX FOR VINEVILLE SCHOOL BUILDING. No. 124. An Act to authorize and direct the County Board of Commissioners for Bibb County to levy a tax for the purpose of erecting a modern grammar school building in Vineville, in the city of Macon; to erect certain consolidated

Page 157

school buildings in the country districts of Bibb County, and also to pay for the furnishing and equipment of the Lanier High School in the city of Macon, as well as for extra land purchased for said high school, and for other purposes. SECTION 1. The General Assembly of the State of Georgia does hereby enact, That the County Board of Commissioners for Bibb County be and they are hereby authorized and directed to assess and levy a tax on the taxable property of said county for the years 1915, 1916 and 1917, amounting to the sum of thirty-three thousand, three hundred and thirty-three and 33/100 dollars ($33,333.33), for each of said years, so as to aggregate the sum of one hundred thousand dollars ($100,000.00); the said tax, when so levied and collected each year shall be by the said board of commissioners paid over to the Board of Public Education and Orphanage of Bibb County, to be by such board expended in the erection of a modern grammar school building in Vineville, in the city of Macon, in the erection of certain consolidated school buildings in the country districts of Bibb County, and also to pay for the furnishing and equipment of the Lanier High School in the city of Macon, as well as for extra land purchased for said high school. The amounts to be applied to each of the purposes above named, respectively, shall be determined by the said Board of Public Education and Orphanage of Bibb County, in their discretion. Tax for three years for grammar school [Illegible Text] in Vineville. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915.

Page 158

BLECKLEY; ANNUAL AUDIT OF COUNTY BOOKS. No. 231. An Act authorizing the employment of a certified accountant to audit all county books annually for the county of [Illegible Text] SECTION 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 judge of the Superior Court of Bleckley County, be, and he is hereby authorized and required to appoint a certified accountant for said county, whose duty shall be to audit the various books of county officers of said county of Bleckley, and to make report of his finding to the grand jury of said county at the July term of the superior court in each year. Certified accountant to be appointed. SEC. 2. Be it further enacted by the authority aforesaid, That said certified accountant shall audit the books of the various county officers of the county of Bleckley, during the month of June, in each year, and make report according to the provisions in Section 1 of this Act. Report. SEC. 3. Be it further enacted by the authority aforesaid, That the salary of the certified accountant, provided for in this Act, shall be fixed by the judge of the Superior Court of Bleckley County, which shall not exceed ten dollars per day, for days actually engaged in auditing the books of said county officers. Said salary to be paid out of the county fund of said county, and upon warrant drawn on the county treasurer, signed by said judge of superior court. Pay per day. SEC. 4. 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 16, 1915.

Page 159

BLECKLEY TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 132. An Act to abolish the office of Treasurer of the county of Bleckley, in the State of Georgia, and to provide for a depository for the safe keeping and disbursement of the funds of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the office of County Treasurer of Bleckley County be and the same is hereby abolished. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all books, papers, records and other property and business of the said office of County Treasurer of Bleckley County shall be turned over to a commission composed of the ordinary, clerk of superior court, and county commissioner or commissioners on January 1st, 1916, and the office of county treasurer declared abolished. Commission to receive books and papers. SEC. 3. Be it further enacted by the authority aforesaid, That a commission composed of the Ordinary, Clerk of Superior Court and Commissioner or Commissioners of Bleckley County shall at their first regular meeting in January of each and every year, or as soon thereafter as practicable, select some chartered bank or trust company to act as a county depository for the purpose of handling and paying out, and otherwise disposing of all county funds, and for the performance of the duties now performed by the County Treasurer of Bleckley County, as shall be required of them by said commission. Said bank or trust company shall be required to give bond in the sum of not less than twenty thousand dollars for the faithful performance of their duties, and when said bond is given in some regular bonding company, the premium thereon may be paid by county commissioners out of any county funds available

Page 160

therefor, but no other compensation shall be allowed. Such county depository shall be chosen annually, as herein provided, or more often upon a failure to perform the duties of said office by any one so chosen. All county warrants and disbursements shall be drawn on and paid by such county depository, instead of the county treasurer as is now done. If there is no chartered bank or trust company in Bleckley County that shall qualify and act hereunder, then and in that event said county commissioners may select some other chartered bank or trust company in a neighboring county to perform all the duties of county treasurer, under such regulations as they may prescribe. Bank to be [Illegible Text] as [Illegible Text] Bond. Chosen annually. SEC. 4. Be it further enacted, That this Act shall become effective January 1st, 1916. Effective 1916. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. BRYAN COMMISSIONERS; AMENDING ACT. No. 247. An Act to amend an Act approved August the 22nd, 1907, creating a Board of County Commissioners of Roads and Revenues for the county of Bryan, so as to make the ordinary of said county ex-officio chairman of said board, and to provide for said commissioners to be elected by the qualified voters of said county like all other county officers, and to provide for the chaingang of said county to work at least two months in every year in each of the four militia districts of said county, and for other purposes.

Page 161

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 1 of the Act of 1907 creating a Board of Commissioners of Roads and Revenues for said Bryan County, and approved August 22, 1907, is hereby repealed and the following section is enacted in lieu of the same: Act of 1907 amended. That there shall be a Board of County Commissioners of Roads and Revenues in and for the county of Bryan, composed of five members, and the ordinary of said county shall be ex-officio chairman of said board, and one of the said five members, and the other four members shall be elected one each from the four militia districts of said county and serve a term of four years, beginning on the 1st day of January after his election, and the first election for said commissioners shall be held on the regular November election in 1916, and on every four years thereafter on the regular November election day, and the present board of commissioners of roads and revenues of said county shall continue in office for the remainder of this year and next year, and said commissioners at all elections shall be elected by the qualified voters of Bryan County in the same manner as all other county officers are elected, and all commissioners thus elected shall hold office until their successors are qualified, and said commissioners thus elected shall give bond in the sum of one thousand ($1,000) dollars [Illegible Text] for the faithful performance of their duties, said bond to be made payable to the ordinary of said county, and to be approved by the ordinary of said county. Board, how composed. Terms of office. Bond SEC. 2. Be it further enacted by the authority aforesaid, That said commissioners from and after the passage of this Act, shall work a county chaingang for two months during each year in each of the four militia districts of said county, upon the public roads of said county, and the other four months of the year they shall work said chaingang force upon the public roads of said county where the same is most needed and of most good to the county, and this working two months in each year in the respective militia districts of said county shall begin on the first day of January,

Page 162

1916, and the same shall continue of force until changed by an Act of the Legislature. Chaingang work on roads. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. CALHOUN TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 125. An Act to abolish the office of County Treasurer of Calhoun County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1917, the office of County Treasurer of Calhoun County, Georgia, shall be abolished, and such office shall from and after that date cease to exist. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said Calhoun County shall by a majority vote taken among themselves, select some duly incorporated bank or banks in said county to act as depositary or depositaries and disbursing agent or agents of and for the public funds of said county. Banks as depositories. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depositary or depositaries, and disbursing agent or agents, shall receive no compensation for acting as such agents. No compensation.

Page 163

SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depositary and disbursing agent, until it shall have given a bond payable to said commissioners, with securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liabilities arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depositary and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depositary and disbursing agent: Duties of depositories and disbursing agents 1. To pay without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders; 2. To take a receipt on each order when paid and carefully file it away; 3. To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom and on what account; 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented; and to record a copy of the order of the county authorities levying county taxes; 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of its actings,

Page 164

and doings as such depositary and disbursing agent, and to exhibit its books and vouchers as such depositary and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositaries and disbursing agents and said depositaries and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depositary and disbursing agent or depositaries and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect, and the county treasurer of said county then in office shall on the day this Act shall go into effect deliver to such depositary or depositaries as he may be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners all records, books and papers that he may have pertaining to his office. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depositary and disbursing agent or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depositary and disbursing agent. Depository in other county. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment, the length of time during which such bank shall act as such depositary and disbursing agent. Term.

Page 165

SEC. 10. Be it further enacted by the authority aforesaid, That all said depositaries and disbursing agents shall be liable both civilly and criminally just as county treasurers are liable for any nonfeasance or malfeasance of duty, and said commissioners shall have the right to proceed against such depositaries and disbursing agents and the securities on their bonds as county treasurers and the securities on their bonds may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability, civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 13, 1915. CAMDEN TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 45. An Act to abolish the office of County Treasurer of Camden County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1917, the office of County Treasurer of Camden County, Georgia, shall be abolished, and such office shall from and after that date cease to exist. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said Camden County shall by a majority vote taken among themselves, select some duly incorporated bank or banks in said county to act as depositary or depositaries and

Page 166

disbursing agent or agents of and for the public funds of said county. Banks as depositories. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depositary or depositaries, and disbursing agent or agents, shall receive no compensation for acting as such, but said commissioners shall, if possible get such bank or banks to pay said county for the privilege of acting as such depositary and disbursing agent. No compensation. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depositary and disbursing agent until it shall have given a bond payable to said commissioners, with securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depositary and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depositary and disbursing agent: Duties of depository and disbursing agent. 1. To pay without delay, when in funds, all orders issued by said commissioners or by their authority, according to the date of such orders; 2. To take a receipt on each order when paid and carefully file it away; 3. To keep a well bound book in which shall be entered

Page 167

all receipts, stating when received, from whom and on what account, and all amounts paid out, stating when paid, to whom, and on what account; 4. To keep a well bound book in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented; and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury on request, to render an account of its actings and doings as such depositary and disbursing agent, and to exhibit its books and vouchers as such depositary and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositaries and disbursing agents, and said depositaries and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depositary and disbursing agent or depositaries and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect, and the county treasurer of said county then in office shall on the day this Act shall go into effect deliver to such depositary or depositaries as he may be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners all records, books and papers that he may have pertaining to his office. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depositary and disbursing agents, or in case it should come to pass that there should

Page 168

be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depositary and disbursing agent. Depository in other county SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment, the length of time during which such bank shall act as such depositary and disbursing agent. Term. SEC. 10. Be it further enacted by the authority aforesaid, That all said depositaries and disbursing agents shall be liable, both civilly and criminally just as county treasurers are liable, for any non-feasance or mal-feasance of duty, and said commissioners shall have the right to proceed against such depositaries and disbursing agents and the securities on their bonds may now be proceeded against in case of non-feasance or mal-feasance in the conduct of their offices. Liability, civil and criminal. SEC. 11. 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 7, 1915. CANDLER BOARD OF COMMISSIONERS CREATED. No. 104. An Act to create a Board of Commissioners of Roads and Revenues for Candler County; to define their powers and duties and prescribe their qualifications; to provide for the election of same and for other purposes pertaining to county and county matters for the county of Candler.

Page 169

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Board of Commissioners of Roads and Revenues, consisting of three members, for the County of Candler is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. Board of three. Eligibility. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act said county of Candler shall be divided into three road districts, to be constituted as follows: The 1736th and 1737th militia districts shall comprise and constitute road district No. 1. The 1685th and 1734th militia districts shall comprise and constitute road district No. 2. The 1735th and 1733rd militia districts shall comprise and constitute road district No. 3. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That the ordinary of said county shall order an election to be held not earlier than September the 1st, nor later than September the 15th, 1915, for electing three persons as members of said board of commissioners. Said members shall be elected in accordance with the provisions to be defined later in this Act, and their term of office shall expire the 31st of December, 1916. Their successors shall be elected at the general election to be held for county officers in 1916, and regularly every four years thereafter. Said commissioners shall be commissioned as now required by law. Election of commissioners. SEC. 4. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one from each road district is hereby prescribed. They shall be elected by the qualified voters of the entire county and not by the qualified voters of one road district. One from each road district. SEC. 5. Be it further enacted by the authority aforesaid, That before said commissioners shall enter upon the discharge of their duties they shall take and subscribe the following oath: I, -----

Page 170

do solemnly swear that I will well and truly perform any and all duties required of me as a member of the board of commissioners in and for said county; that I will make a just and true accounting of any and all moneys, properties and effects coming into my hands by virtue of my said office; that I am duly qualified under the laws of Georgia to hold said office, and that I am not the holder of any public funds unaccounted for. Oath. SEC. 6. Be it further enacted by the authority aforesaid, That before said commissioners shall enter upon their duty they shall give good and sufficient bonds payable to the ordinary of said county in the sum of two thousand ($2,000.00) dollars each. Said bonds to be approved by the ordinary of said county. Bond. SEC. 7. Be it further enacted by the authority aforesaid, That the terms of office of the three commissioners, elected at the general election for county officers, and their successors shall be four years. Term of office. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners hereby elected shall meet at the court house in said county and after taking an oath before the ordinary, shall organize by electing one of their members chairman, whose duty it shall be to preside at all the meetings and sign all orders of the commissioners. Said chairman shall have the right at all the meetings to vote on all questions before said board of commissioners, and shall also have the right to make motion and perform all duties imposed under this Act upon said commissioners. Organization, meetings, etc. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall elect a clerk for said board, whose duty it shall be to keep in a well bound book a complete record of the acts and doings of said board. Said records to be open to the inspection of any citizen or citizens of said county at all times; provided, the same does not interfere with the meetings of the board. Said clerk shall perform such other duties as said board may require of him and shall hold office at the will of said board, and

Page 171

shall receive such reasonable compensation as said board may fix. Clerk. SEC. 10. Be it further enacted by the authority aforesaid, That the members of said board of commissioners hereby created and their successors in office shall receive as compensation for their services the sum of three ($3.00) dollars per day for each day of actual service. Compensation. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: in directing and controlling all of the property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing, abolishing or changing election precincts or militia districts; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of said county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to, or appropriated for the use and benefit of said county, and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as granted by law or not inconsistent with law; in examining the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided for by law; in establishing and maintaining the county chain-gang on the public roads or public works of said county as provided by law; in electing or appointing all minor officers and employees of said county whose electing is not otherwise provided by law, such as superintendent or warden and guards of convicts or chaingang, janitor of court house and jail, and district road overseers; in making such rules and regulations as they may deem best for the interest of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said board may deem best for the interests of the county; in providing for the collection of a commutation road tax, fixing the amount to be paid or the number of days work on the roads of said

Page 172

county in lieu thereof; in fixing the time when said commutation tax shall be paid or the work performed; in trying all road defaulters in accordance with law, and generally to have and exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction, matters specified. SEC. 12. Be it further enacted by the authority aforesaid, That said commissioners shall hold regular meetings at the court house of said county on the second Mondays in each month, and may adjourn from day to day and may hold called sessions whenever in their opinion public necessity requires it. Meetings. SEC. 13. Be it further enacted by the authority aforesaid, That a majority of said board shall constitute a quorum for the transaction of any business that may come before said board. Quorum. SEC. 14. Be it further enacted by the authority aforesaid, That said board shall not hire or employ or contract with any member of said board or with anyone related to any member of said board for work to be done or supplies to be furnished said county, except such work to be done or supplies to be furnished shall be let at public outcry to the best bidder. Contracts for work and supplies. SEC. 15. Be it further enacted by the authority aforesaid, That the members of said board shall be exempt from jury duty during their term of office. Exemption. SEC. 16. Be it further enacted by the authority aforesaid, That in case of vacancy in said board by death, resignation or otherwise the ordinary shall order an election within thirty days after such vacancy occurs, and a commissioner shall be elected by the qualified voters of the entire county for the unexpired term. Vacancies. SEC. 17. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of commissioners

Page 173

to publish once every three months in the official organ of Candler County, a full, complete, itemized statement of their acts and doings, showing all money taken in by them, its source, and disbursement, to whom paid and for what purpose; the cost of publishing such statements shall be paid by the county. Publication of statements. SEC. 18. Be it further enacted by the authority aforesaid, That the said commissioners shall expend the road funds arising from each militia district on the roads in said militia district from which funds were collected, provided that in the event of the purchase of road machinery, tools, implements, stock, and the building of bridges, each militia district shall pay its pro rata share, according to the amount of road taxes derived therefrom. Road fund, how expended 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 12, 1915. CARROLL COMMISSIONER'S COMPENSATION. No. 42. An Act to amend an Act entited An Act to create the office of Commissioner of Roads and Revenues for the County of Carroll; to provide for election to fill said office; to prescribe qualifications, duties and powers of such officer, fix his salary and for other purposes, approved August 17th, 1908, so as to provide the compensation that shall be paid said commissioner, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 8 of an Act approved August

Page 174

17, 1908, creating the office of Roads and Revenues for the County of Carroll, be and the same is hereby amended by striking out the word twelve in the third line of said Section 8, and inserting in lieu thereof the word fifteen, and when so amended said section to read as follows: Section 8. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his services as such a salary of fifteen hundred dollars per annum, to be paid monthly out of the treasury of said county. He shall also be authorized to employ a clerk at a salary not exceeding five hundred dollars per annum, to be paid monthly out of said treasury. Said commissioner shall receive no fees. Act of 1908 amended. Salary of commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. CARROLL COUNTY DEPOSITORY ESTABLISHED. No. 213. An Act to establish a county depository in Carroll County; to provide what banks in Carroll County are eligible to be county depository; to provide how the county depository shall be selected, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That a county depository shall be established in Carroll County on January 1, 1917, after the passage of this Act, as hereinafter provided. County depository established. SEC. 2. Be it further enacted by the authority aforesaid, That any bank in Carroll County is eligible to become the county depository; and that any bank selected as hereinafter provided shall be under the same rules and regulations

Page 175

as is now provided by law for the county treasurer of said county. Eligibility. SEC. 3. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues, tax collector and ordinary of said county shall at least twenty days before the first day of January, 1917, and annually thereafter, notify each bank in the county in writing that they are ready to receive bids for a county depository. Said notice shall state when the time for receiving said bids, shall close and when they shall be opened. Bids, notice of. SEC. 4. Be it further enacted by the authority aforesaid, That the bids shall be opened by said officers at the time mentioned in said notice, and the said officers shall then and there accept the bid of the bank agreeing to pay the highest rate of interest on monthly balances and charging the lowest rate on overdrafts, and, provided, that said officers shall have authority to reject any and all bids and to accept new bids, after notice as before mentioned. Bids, opening of. SEC. 5. Be it further enacted by the authority aforesaid, That should no bank in this county make a bid, then said officers shall be authorized to make such disposition of the county funds as in their judgment is to the best interest of Carroll County; provided, that the present treasurer shall be responsible for the county funds until a county depository is established, and provided, further, that the bank selected as county depository shall be the custodian of the county funds until some other bank is selected county depository. Disposition of funds. SEC. 6. Be it further enacted by authority aforesaid, That the said officers shall have authority to remove the county funds from the county depository, or require more and better security, if, at any time after the acceptance of a bid, in their judgment the county funds are not safe; provided, that no bid for county depository is for a longer period of time than two years. Deposits, security for.

Page 176

SEC. 7. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. CARROLL TREASURER'S OFFICE ABOLISHED. No. 79. An Act to abolish the office of County Treasurer in Carroll County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on January 1, 1917, after the passage of this Act, the office of County Treasurer of Carroll County is hereby abolished. Office abolished. SEC. 2. Be it further enacted by authority aforesaid, That the treasurer of said county shall receive a salary of $250.00 for the years 1915 and 1916 to be paid quarterly. Salary for 1915 and 1916. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. CHARLTON ROAD TAX PAYABLE TO FOLKSTON. No. 49. An Act to require and authorize the Board of Commissioners of Roads and Revenues of Charlton County to pay the mayor and city council of the city of Folkston, the

Page 177

ad valorem road tax collected from property within the corporate limits 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 Commissioners of Roads and Revenues of Charlton County shall be required and authorized, after paying the receiver and collector's commission, to pay all ad valorem road tax levied against and collected from all property, real and personal, lying wholly within the corporate limits of the city of Folkston, to the mayor and council of said city for use in the improvement of the streets of said city. Ad valorem road tax for streets SEC. 2. Be it further enacted by the authority aforesaid, That all monies paid to the mayor and council of said city of Folkston under the provisions of this Act shall be used for the improvement of the public streets of said city of Folkston. How used. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. CHEROKEE COMMISSIONER'S OFFICE CREATED. No. 61. An Act to create the office of Commissioner of Roads and Revenues for the County of Cherokee; 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

Page 178

the State of Georgia, and it is hereby enacted by the authority of the same, That the office of Commissioner of Roads and Revenues in and for the County of Cherokee, to consist of one member, is hereby created. This Act to go into effect and become operative on the first day of January, 1917. Office created. SEC. 2. Be it further enacted by the authority aforesaid, That all persons eligible to hold other county offices shall be eligible to hold the office of county 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, who, after taking the required oath and giving bond as hereinafter provided, shall fill said vacancy until his successor is elected and qualified. Eligibility. Vacancy. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular election for the county officers to be held in October, 1916, said commissioner of roads and revenues shall be elected for the term of four years, whose term of service shall begin on the first day of January, 1917, and who shall serve for a term of four 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 of commissioner. 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 and ordinary and their successors, which security shall be given in two separate bonds; one bond to be payable to the Governor and his successors in office in the sum

Page 179

of $5,000.00, and the other be payable to the ordinary of said county and his successors in office in the sum of $5,000, 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. Commissioned by Governor. Bonds, two. 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 in 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 sessions at any time he may deem proper, or be called by him for the transaction of county matters. And said commissioner shall be authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Court, where and when held. Testimony. SEC. 6. Be it further enacted by the authority aforesaid, That the commissioner shall appoint a clerk, whose salary shall not exceed $600.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the county clerk to attend all business meetings pertaining to the office, and he shall keep in order 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 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 payments, 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.

Page 180

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 tax payer of the county. Said clerk before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk: his salary and duties. Bond. SEC. 7. Be it enacted by the authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $1,200.00 per annum for his services, to be paid monthly at the end of each month's services. Salary of commissioner. SEC. 8. Be it enacted by the authority aforesaid, That said commissioner shall have power and authority in controlling and managing the convicts of said county according to law, and shall be empowered to purchase provisions, supplies and all necessaries for the comfort and protection and support of convicts, also in purchasing stock, machinery, tools, equipments and necessaries for the purpose of keeping and maintaining the convict system of road working, or other public works of the county with the same, and appointing all minor officers of said county pertaining to roads and revenues. The commissioner shall have exclusive jurisdiction over all subject matters enumerated in Section 4796 of the Civil Code of Georgia, 1911, except sub-Sections Four (4) and Nine (9) of said section, and in general shall have jurisdiction 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 indispensible to his jurisdiction over county matters and finances thereof. Convicts. Jurisdiction. SEC. 9. Be it enacted by the authority aforesaid, That it shall be the duty of the commissioner created by this Act

Page 181

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. Commutation tax SEC. 10. Be it further enacted by the authority aforesaid, That the Treasurer of Cherokee County shall not disburse or pay out any funds from the county treasury or any order unless the same shall have been approved and 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 the superior court and solicitor-general. It shall be the duty of the ordinary of said county to deliver to the said commissioner all books and papers held by him relating to jurisdiction and powers herein conferred upon said commissioner. Orders on county treasurer Ordinary's duty SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the said commissioner to prepare and submit to the grand jury, at both spring and fall terms of the Superior Court of said County of Cherokee, a full and complete statement of the finances of the county, and said report shall be kept in two separate books, one book to show the exact ad valorem road taxes collected from each militia district of said county, and the other to show the per capita road tax collected in each militia district, also taxes collected in each militia district for building and repairing bridges, in which books shall show an itemized statement of all receipts, and expenditures, and the source from whence received, and from whom received, and to whom paid and for what purpose same was expended, and the vouchers therefor, and also the number and names of parties to whom paid with correct itemized amounts so received and paid out. Said books shall show the number and full individual names of each and every person in each and every separate militia district, who are subject to road duty in said several militia districts, in said county, which

Page 182

said book or books shall show who have paid the commutation tax in each separate militia district, and shall also show the names of all parties who have failed to pay said commutation tax, or have failed to work their time on the roads. Statement of finances, etc. Books as to road tax SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty, immediately after each term of the superior court of said county, to have published in the newspaper in which the county advertisement is done a full and complete itemized statement of the county finances (same to be paid for out of the county treasury) for advertising. Publication of itemized statement. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. CHEROKEE TREASURER'S SALARY FIXED. No. 100. An Act to fix the salary of the Treasurer of Cherokee County, Georgia, at the sum of four hundred ($400.00) dollars per annum, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of January, 1917, the salary of the Treasurer of Cherokee County, Georgia, shall be four hundred ($400.00) dollars per annum, and shall be paid to said county treasurer in monthly installments or in quarterly installments, as may be agreed upon by the board of commissioners of said county and the said treasurer. Salary, $400 a year.

Page 183

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, 1915. CLAYTON COMMISSIONERS; REPEALING ACT. No. 158. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Clayton County; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors, and for other purposes pertaining to county and county matters for the county of Clayton, approved July 1, 1910, and published in the Georgia Laws of 1910, on pages 256 to 262 inclusive; to provide for the submission of this Act to the voters of said Clayton County before the same 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 authority of the same, That an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Clayton County; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors, and for other purposes pertaining to county and county matters for the county of Clayton, approved July 1, 1910, and published in the Georgia Laws for 1910, on pages 256 to 262, inclusive, be and the same is hereby repealed; provided, however, that a majority of the qualified voters of said county of Clayton, voting at an election for such purpose shall assent to the same, at an election to be called by the Ordinary of Clayton County within thirty days from the date of approval of this Act by the Governor. Act of 1910 repealed. Provided voters assent.

Page 184

SEC. 2. Be it further enacted, That on the passage and approval of this Act by the Governor, it shall be the duty of the Ordinary of Clayton County to call an election to be held within thirty days from the approval of this Act by the Governor, at which election the qualified voters of Clayton County shall vote on the question as to whether or not this Act shall become effective. At said election those voting in favor of this Act becoming effective shall have printed or written on their ballots the words: For Act abolishing Commissioners of Roads and Revenues of Clayton County; and those voting against this Act shall have printed or written on their ballots the words: Against Act abolishing Commissioners of Roads and Revenues. Said election shall be held in the same manner provided for the election of county officers of said county, and the returns thereof shall be made by the election managers to the ordinary of said county as in cases of elections for county officers, and it shall be the duty of the ordinary to receive said returns and declare the result of said election. If a majority of those voting at said election shall vote For Act abolishing Commissioners of Roads and Revenues of said County, this Act shall become effective on the first day of October, 1915, and on and thereafter said Act approved July 1, 1910, shall be fully repealed and ineffective. Election to be called. Result to be declared. 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, 1915. CLAYTON COMMISSIONER'S OFFICE CREATED. No. 55. An Act to create the office of Commissioner of Roads and Bridges for the county of Clayton; to provide for the

Page 185

compensation, term of office, and election of said commissioner; to define his powers and duties; to provide how vacancies shall be filled; to provide how the convicts shall be worked upon the roads, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of October, 1915, the office of Commissioner of Roads and Bridges for the county of Clayton be and the same is hereby created and established. The ordinary of said county shall call an election to be held within thirty days from the approval of this Act by the Governor, the same to be held on the same date and by the same managers when the election shall be called by the ordinary to vote on the Act repealing the Act creating the commissioners of roads and revenues for said county. The person receiving the highest number of votes cast at said election shall be declared to be elected to said office. Such person must be a resident of the county of Clayton, and must be above twenty-one years of age. The first commissioner elected under this Act shall begin his term of service on October 1, 1915, and shall end on the first day of January, 1917; his successor shall be elected for a term of four years at the regular election in [Illegible Text] at the time of the election of county officers of said county, and regularly thereafter, and the term of office shall be for a term of four years and until the successor of the incumbent shall be elected and qualified; provided, however, that in all cases of vacancies, the duties of said office shall be discharged temporarily by the ordinary of said county until the same shall be filled by the election of a successor. In case of the death, disability, removal, or resignation of said commissioner, the unexpired term of his office shall be filled by one to be elected at an election to be called within thirty days from the date of such vacancy by the ordinary of said county, said election to be held in the same manner provided for the election of county officers, the returns thereof to be made to the ordinary,

Page 186

who shall declare the result of said election. Said commissioner shall be commissioned by the Governor of the State of Georgia. Office created. Election of commissioner. Term of office. Vacancies. SEC. 2. Be it further enacted, That said commissioner, before entering upon the discharge of his duties, shall give bond in the sum of three thousand dollars, with good and sufficient security, to be approved by and payable to the ordinary of said county and his successors in office, conditioned for the faithful and prompt performance of the duties of his position as such commissioner, which bond shall be by the ordinary recorded as are other official bonds, and filed in his office. Said commissioner shall also, at the same time, before said ordinary, take and subscribe to the following oath of office, to-wit.: I, _____, do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Bridges for the county of Clayton, so help me God, which oath shall be entered upon the minutes of said ordinary's court and the original filed in his office. Bond. Oath. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner of roads and bridges shall immediately after he is commissioned by the Governor as provided by law for other officers, and immediately upon receipt of such commission and the assumption of the duties of his office, shall be authorized and empowered to take charge of all matters of said county pertaining to the roads and bridges and the county chaingang and convicts. In such commissioner shall be vested the authority to hire wardens and guards, and to purchase all materials, supplies and other things to be used in connection with the operation of the county chaingang, and with the establishment and maintenance of roads and bridges of said county. Said commissioner shall, when a debt is incurred by him against the county with respect to matters over which he is herein given power and jurisdiction, certify to the correctness of an itemized bill for same and attach thereto his order on the treasurer of said county for the payment of same, and when such order, with itemized bill attached, is presented to said

Page 187

treasurer it shall be the duty of the treasurer to make immediate payment of same out of the funds available for roads and bridges of said county. Commissioned by Governor. Authority and duty. Treasurer's duty. SEC. 4. Be it further enacted, That all books, papers, maps, charts, and other writings and manuscripts of said county, relating to the matters of the chaingang, roads and bridges in said county, shall be turned over to and be subject to the exclusive control of the commissioner of roads and bridges. Books, etc. SEC. 5. Be it further enacted, That the commissioner of roads and bridges shall sit once per month for county purposes at regular meeting, the particular day to be fixed by him by advertisement once in the official organ of said county, in which manner he also shall be allowed to change the date of such meeting. At any regular meeting the commissioner shall be allowed to adjourn his sitting to any subsequent day or days, as may be determined by him. Said commissioner of roads and bridges shall sit for county purposes in the court house of said county, and shall, when so sitting, exercise exclusive and original jurisdiction over such county matters as are by this Act vested in him. The said commissioner shall be attended by the sheriff, or his lawful deputy, and shall serve all papers, orders, writs and notices as may be issued by the commissioner. The sheriff, or his lawful deputy, shall be paid a per diem of two dollars for each day when required by the commissioner to attend sittings of the commissioner, and shall also be paid the fees for serving orders, writs and notices from such commissioner as are allowed for serving similar notices issued from the office of the ordinary or the court of ordinary of said county. An itemized bill for such services shall be rendered by the sheriff or his lawful deputy to said commissioner, and shall be paid in the same manner prescribed for other bills incurred by said commissioner under this Act. Session for county purposes monthly. Sheriff's duty. Sheriff's fees. SEC. 6. Be it further enacted, That said commissioner shall be ex-officio clerk of the commissioner of roads and bridges; provided, however, he shall have the right to appoint

Page 188

a clerk, should he see fit to do so, in which event the order of appointment shall be entered upon the minutes of said commissioner. Such clerk, however, shall be paid for his services by the commissioner, himself, and no expense for such clerk shall be charged against the county of Clayton. It shall be the duty of the commissioner to keep minutes of all meetings held by him, in which minutes shall be fully and correctly entered all proceedings before said commissioner, and all orders issued by him. Said commissioner shall also keep an accurate account of all work done by him, and of all contracts entered into by him, and of all expenses incurred by him, and also of all claims ordered paid by him, and of all matters relating to his office. Clerk. No expense. Minutes. Accounts. SEC. 7. Be it further enacted, That it shall be the duty of said commissioner to see that all work performed by the convicts of said county shall be divided equally among all of the militia districts of said county; provided, however, that said commissioner shall exercise his discretion as to the order in which said work may be done, but the same shall be divided equally for each year among the several militia districts of the county. Convicts. SEC. 8. Be it further enacted, That said commissioner shall submit to the grand jury of said county, on the first day of the first term of the superior court held in said county in each year, an estimate of all road and bridge work which he contemplates doing in the county for the current year, together with an estimate of the expense necessary to maintain the convict system of said county for such year. It shall be the duty of said grand jury to consider fully the recommendations of said commissioner and to make recommendation to the ordinary of said county as to the amount of money to be raised for the current year for roads and bridges for said county. Estimate for grand jury. SEC. 9. Be it further enacted, That said commissioner shall give notice, by posting same in three conspicuous places in each militia district for ten days, of his intention to collect the commutation tax, which notice shall state the time and place (giving one day), in each militia district of

Page 189

said county that each and all of the persons subject to pay commutation tax shall meet said commissioner and pay said commutation tax on or before the date stated in said notice. Such person 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, to be paid by the commissioner out of his salary. The commutation tax shall be three dollars per annum, and in default of payment of same on or before the date stated in said notice, such person subject to road duty so failing to pay, shall be notified by the commissioner to meet some agent or overseer designated by the commissioner at a designated time and place for the purpose of working on the public roads of said county as provided by law for a period of six days. The commissioner shall have authority to employ overseers at a compensation not exceeding one dollar per day, such persons to act as overseers of any road. Such commissioner shall also have authority to employ free labor, when necessary on account of accidents, washouts or other emergencies, to build or repair bridges, such person or persons not to be paid more than 1 dollar per day except when the labor required demands skilled labor. That those subject to road taxes in said county may pay one-half during the month of January and one-half during the month of October of each year and have the privilege, when they elect, to work at such time as the commissioner may appoint and at such place as he may designate. Commutation tax. Collector. Amount of tax. [Illegible Text] Free labor. Payment of road tax. SEC. 10. Be it further enacted, That said commissioner shall be paid a salary of sixty dollars per month for all services rendered by him; and it shall be the duty of said commissioner to devote his entire time to the duties of said office. Salary of commissioner. SEC. 11. Be it further enacted, That this Act shall become effective on the first day of October, 1915, only in the event that a majority of the voters of said county voting at said election to be held for such purpose shall vote in favor of the repeal of the Act creating commissioners of roads

Page 190

and revenues of said county, as provided in the bill for such purpose introduced in the present session of the General Assembly of the State of Georgia, resulting in the repeal of said Act approved July 1, 1910, creating commissioners of roads and revenues for said county. This Act effective if voters assent. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. CLINCH BOARD OF COMMISSIONERS CREATED. No. 102. An Act to create a Board of Commissioners of Roads and Revenues in and for the county of Clinch; to provide for the election of the members thereof by the qualified voters of the county, and to provide for a commissioner for every two militia districts; to provide for a chairman and clerk, and to provide for their compensation; define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Board of Commissioners of Roads and Revenues in and for the county of Clinch, to consist of one member from every two militia districts of said county, making a total of five commissioners, is hereby created; this Act to go into effect and become operative on the first Monday in September, 1915. Five commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act, the county of Clinch shall be divided into the following districts: The first commissioner's district shall be composed of the 586th and 1061st militia districts. The second shall be composed of

Page 191

the 1224th and 1389th. The third shall be composed of the 1219th and the 1141st. The fourth shall be composed of the 1280th and 970th, and the fifth shall be composed of the 1052d and the 1365th. Districts. SEC. 3. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Commissioner of Roads and Revenues for said county of Clinch, who is not a resident of the commissioner's district for which he is elected, and no person shall be eligible for election to said office who is the holder of any other public office. Eligibility. SEC. 4. Be it further enacted by the authority aforesaid, That should a vacancy occur in said board of commissioners by death, resignation or otherwise, the chairman or acting chairman of said board shall notify the ordinary of said county of such a vacancy in writing, and said ordinary is hereby authorized and empowered, and it shall be his duty, to call an election in the unrepresented militia district to fill the vacancy, in the same manner as is provided for elections to fill vacancies in the office of the justices of the peace. The ordinary shall report the result of such election to the Governor, who shall issue a commission to the successful candidate for the unexpired term. Vacancy, how filled. Commission by Governor. SEC. 5. Be it further enacted by the authority aforesaid, That the board of commissioners shall, at their first meeting on the first Monday in September, 1915, elect one of their members as chairman. The chairman shall preside at all meetings, sign the minutes of all proceedings, sign his name, as chairman, to all orders, warrants, summons, subpoenas or other processes issued by said board, or by authority of said board, and shall vote on all questions at all meetings of said board, and shall receive for his services the sum of three ($3.00) dollars per day, not to exceed thirty-six (36) days in any calendar year. Chairman of board. His duties and pay. SEC. 6. Be it further enacted by the authority aforesaid, That the board of commissioners shall, at their first meeting in January, elect one of their body as vice chairman,

Page 192

who shall, in the absence of their chairman, preside over the meeting of said board, and perform all the duties as prescribed for their chairman. Vice-chairman. SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners, at their first meeting, shall elect a clerk with such pay as the board may allow, not to exceed two hundred ($200.00) dollars per year. Said clerk shall give a good and solvent bond in the sum of one thousand ($1,000.00) dollars, payable to the ordinary of Clinch County, to be approved by the ordinary of said county; said bond shall be conditioned for the faithful performance of the duties of said clerk of the Board of Commissioners of Roads and Revenues in and for the county of Clinch. Said board of commissioners shall have the power to remove said clerk at pleasure, by a majority vote of the said board. Clerk. Salary. Bond. It shall be the duty of said clerk to attend all meetings of the said board of commissioners, and keep a full record of all of 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 all purposes minutely specified and designated. Also, an inventory of all kinds of property, including all road machinery, live stock, chaingang outfit and road-working tools. To keep in a record separate from other financial affairs of the county, an accurate and itemized account of all expenditures applied to the working of convicts, and for all supplies, and pay to the superintendents, overseers and guards, necessary for the operation of the chaingang in said county. He shall also keep a separate book in which shall be kept an account of the commutation taxes collected by the commissioner in each militia district in said county. He shall also keep an itemized statement of all accounts paid by the board of commissioners, and shall show what fund is liable for payment of said accounts. He shall also keep a book to be known as his Record of Account Vouchers, in which shall be kept a full report of warrants or vouchers drawn on the treasurer of said county, which record shall show by

Page 193

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. Clerk's duties. It shall be his duty to sign all warrants and vouchers as clerk, but he shall, in no instance, issue any warrant or voucher until the same has been countersigned by the chairman or vice-chairman of the board of commissioners. All records provided for in this section shall be kept at the commissioners' office in the court house of said county, and shall be subject to inspection by any citizen of Clinch County. SEC. 8. Be it further enacted by the authority aforesaid, That said board of commissioners shall hold a regular court, for the transaction of all business pertaining to county matters, on the first Monday of each month of the year, the same to be held in the court house of said county in the office set apart for the use of said board of commissioners, provided, that said board of commissioners may hold special sessions at any time they see fit and proper. A majority of the board of commissioners shall constitute a quorum, and a majority vote of those present shall be sufficient to exercise any powers herein delegated pertaining to the duties of said board. The chairman or vice-chairman shall, at any meeting of the commissioners, in the absence of the chairman, be authorized to administer oaths, and said board shall hear testimony as to matters over which said board has jurisdiction, and when sitting as a court, shall have the power to punish for contempt under the same laws and regulations as are provided by law for other courts. Court for county matters. Quorum. Testimony. SEC. 9. Be it further enacted by the authority aforesaid, That the members of said board of commissioners shall be exempt from road and jury duty during their term of office. Exemptions. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: In

Page 194

controlling and directing all of the property of said county as they may deem it expedient, according to law; in levying taxes according to law; in establishing and abolishing roads and bridges according to law; in establishing, abolishing or changing election precinets or militia districts; in supervising tax collectors' and tax receivers' books; in allowing insolvent lists of said county; in settling all claims and accounts of officers having the care and management and disbursement of funds belonging to or prescribed for the use and benefit of said county, bringing them to settlement. For providing for paupers of the county, and for the promotion of health as provided by law; in examining the tax digest for the correction of errors; in regulating the license fees as may be fixed or provided by law; in establishing or maintaining the county chaingang; in working said chaingang on public roads or public works of said county, as provided by law; in electing or appointing all minor officers or employees of said county, whose election is not otherwise provided by law, such as superintendent or warden, guards of convicts, janitors of court house and jail, superintendent of county farm, and such other officers as may come under their jurisdiction. In making such rules and regulations as they may deem best for the interest of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said board of commissioners may deem best for the interest of the county, and providing for the collection of a commutation road tax, fixing the amount to be paid in, the number of days worked on the roads in said county in lieu thereof, according to law; in trying all road defaulters in accordance with law, and generally to have and exercise all powers heretofore vested in the ordinary of said county, when sitting for county purposes; to exercise such other powers as are granted by law, or as may be in their jurisdiction over county finances. Jurisdiction. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners shall have the power, and it shall be their duty at any time they see proper, to dispense

Page 195

with the chaingang for the county of Clinch, and to work the roads of said county by free labor. Road work. SEC. 12. Be it further enacted by the authority aforesaid, That the board of commissioners shall prepare and submit to the grand jury at the spring terms of the superior court, a full and complete statement of the finances of the county, also, at the fall terms; each statement shall be subscribed and sworn to by the chairman or vice-chairman of the board; said statements reported to the grand jury shall show all receipts and disbursements, from whence received and the purposes for which expended. Statement for grand jury. SEC. 13. Be it further enacted by the authority aforesaid, That each of said commissioners shall receive for his services the sum of three ($3.00) dollars per day for each day that they are in session at the court house, and they shall not remain in session at the court house more than twenty-four (24) days in each calendar year. Should any service have to be performed by any commissioner in his district, he shall receive the sum of two ($2.00) dollars per day for such services, and an account shall be kept by him showing the services done for the county, and presented to the full board, and not paid until allowed by them, and entered on the minutes. Pay of commissioners. SEC. 14. Be it further enacted by the authority aforesaid, That said board of commissioners shall not hire or employ or contract with anyone related to any member of said board for work to be done or supplies to be furnished to said county, except such work to be done or supplies furnished shall be let at public outcry or by sealed bids to the lowest and best bidder. In this event, they may contract or buy supplies from their own kindred, but not by private contract. In emergencies they may buy supplies from kinsmen not to exceed twenty-five ($25.00) dollars. Contracts for work and supplies. SEC. 15. Be it further enacted by the authority aforesaid, That should any member of said board reside more than twenty-five (25) miles from the court house, he shall be paid three (3) cents per mile by the nearest practical

Page 196

route for going and returning home, for each session attended at the court house. Mileage. SEC. 16. Be it further enacted by the authority aforesaid, That the said Board of Commissioners of Roads and Revenues for said County of Clinch, shall, on the first day of January, 1917, designate some bank or trust company within said county as a depository for the county funds of said county, and the duty of said bank so selected shall be to perform the duties heretofore vested in the county treasurer of said county, and they shall perform such services without any compensation except the use of the public money, and shall keep an accurate and correct book showing all receipts and disbursements by said depository for and in behalf of said county, and the said depository so selected shall give bond in the sum of ten thousand ($10,000.00) dollars for the faithful performance of its duties as such depository, said bond to be payable to the ordinary of said county and his successors in office. The selection of a depository shall be for the term of two (2) years. Bank depository of county funds. No compensation. Bond. Term. SEC. 17. Be it further enacted, That all books, records, document, files and property of the county used for county purposes, by the ordinary of said county, shall be by him delivered to the board created by this Act, and the present board of commissioners shall likewise turn over and deliver to the new board of commissioners, all funds and property of the county in their possession at the time this Act goes into effect. Ordinary's duty. SEC. 18. Be it further enacted by the authority aforesaid, That Mr. J. F. Barnhill, William H. Mobley, Alex. K. Sessons, William B. North and P. M. Lee are hereby made commissioners, and they shall hold their office until the next regular election for representative and senator in said county, when their successors shall be elected by the people of the whole county, but their successors shall be residents of the districts aforesaid. Said persons so elected shall hold office for four vears and until their successors are elected and qualified. Commissioners designated by name.

Page 197

SEC. 19. Be it further enacted, That said commissioners may, in their discretion, employ an attorney for said county of Clinch, but they shall not pay said attorney more than one hundred and fifty dollars per annum for services rendered. Attorney and his pay. SEC. 20. Be it further enacted, That said commissioners shall publish in some newspaper having a general circulation in the county of Clinch a full and complete statement of all moneys expended by them, once a month, except money paid by them to paupers and other fixed charges of the county, and they may publish these in their discretion, and the newspaper publishing such statement shall not be paid more than five dollars per month for publishing said statement. Publication of [Illegible Text] statements. SEC. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1915. CLINCH TREASURER'S OFFICE ABOLISHED. No. 10. An Act to abolish the office of County Treasurer in and for Clinch County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the office of County Treasurer of the County of Clinch is hereby abolished. Office abolished. SEC. 2. Be it further enacted, That this Act shall go into effect on January 1, 1917, and that the office of County Treasurer of Clinch County is hereby abolished on that day.

Page 198

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 2, 1915. COBB TREASURER'S SALARY FIXED. No. 127. An Act to fix the salary of the Treasurer of Cobb County, in lieu of commissions as now paid; to pay premiums on his bond from funds of the county treasury; to provide for the submission and ratification of said Act by a majority of the qualified electors of said county at the next general election, and for other purposes. SECTION 1. Be it enacted by General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after December 31st, 1916, and annually thereafter, the compensation or salary of the Treasurer of Cobb County shall be fifty ($50.00) dollars per month, in lieu of the compensation now received in commissions, and any and all other compensation now received by the treasurer of said county. Said sum of fifty ($50.00) dollars per month to be paid out of the treasury of Cobb County. Salary $50 a month. SEC. 2. Be it further enacted by the authority aforesaid, That the premiums on the bond of said treasurer may be paid out of the county funds of said county, in the event said treasurer elects to give a bond furnished by a fidelity guarantee bonding company, said bond to be approved in the same manner as is now provided by law; provided, that the provisions of this Act shall not become effective until it shall have been submitted to and ratified by a majority of the qualified electors of said county voting in the next general election held in said county. Premium on bond.

Page 199

SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. COLQUITT TREASURER'S SALARY FIXED. No. 35. An Act to fix the salary of the Treasurer of Colquitt County, Georgia, at the sum of five hundred ($500.00) dollars per annum, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of January, 1917, the salary of the Treasurer of Colquitt County Georgia, shall be five hundred ($500.00) dollars per annum, and shall be paid to said county treasurer in monthly installments or in quarterly installments as may be agreed upon by the board of commissioners of said county and the said treasurer. Salary $500 a year. 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 6, 1915. CRISP TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES ESTABLISHED. No. 147. An Act to abolish the office of County Treasurer of Crisp County, Georgia; to establish county depositories for

Page 200

county funds therein; to provide for the handling and disbursement of such funds, 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 office of County Treasurer in and for Crisp County, Georgia, be and the same is hereby abolished. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That as soon as this Act goes into effect it shall be the duty of the retiring County Treasurer of Crisp County, Georgia, to deliver over to the Board of County Commissioners for the County of Crisp, all books, accounts, vouchers, moneys and other things pertaining, or belonging to the office of County Treasurer of Crisp County, taking the receipt of said board of county commissioners therefor, and rendering unto the said board of county commissioners a true and faithful accounting for all funds, books, papers, vouchers, and other property belonging to said county and pertaining to said office of county treasurer. Duty of retiring treasurer. SEC. 3. Be it further enacted by the authority aforesaid, That said board of county commissioners shall have the authority to require of the retiring Treasurer of Crisp County, Georgia, whose office is abolished by this Act, a full, true and just accounting of all moneys, books, papers, vouchers and other property belonging to said county, and pertaining to said office; and that until such final accounting has been made, the said treasurer shall be subject, as now provided by law, to be proceeded against as a defaulting treasurer or the holder of public moneys. Accounting. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the Board of County Commissioners of Crisp County, Georgia, and their successors in office, so soon as this Act becomes effective, to demand and receive from the retiring treasurer of said county, whose office is by this Act abolished, all moneys, papers, books, vouchers and other property belonging to said county, and pertaining to the office of county treasurer of

Page 201

said county, and thereafter to hold, disburse and account for the same in the same manner as heretofore held, disbursed and accounted for by the treasurer of said county, unless otherwise provided for in this Act. Duty of board of commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That after the first day of January, Anno Domini Nineteen Hundred and Sixteen, when this Act shall become effective, it shall be the duty of the Board of County Commissioners of the County of Crisp, and their successors in office, to perform all the duties that have heretofore belonged to the office of county treasurer of said county, and to receive from the tax collector of said county, and all other persons receiving county fund or county property which should go into the treasury of said county, all moneys, effects and other things belonging to said county, and coming to it through said tax collector, or other officials, and to hold, pay out, disburse and account for the same and render reports of their actings and doings as such, as have heretofore been required of the county treasurer of said county, and perform all other acts, and do all other things pertaining to the county funds of said county as have heretofore been required of the county treasurer, unless otherwise provided by this Act. Duties of treasurer to be per formed by board of commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established in the city of Cordele, said county of Crisp, certain county depositories for the deposit of all moneys and public funds of said county heretofore or now held by the county treasurer, or that may hereafter come into the hands of said board of county commissioners, whether consisting of sinking fund, taxes, commutation tax, licenses or any other kind of public money belonging or coming to said county; and that such county depositories shall hold and pay out the same upon the order of said board of county commissioners in the same manner as said board has heretofore caused the same to be paid out by and upon orders upon the county treasurer of said county. Depositories of county funds.

Page 202

SEC. 7. Be it further enacted by the authority aforesaid, That the American National Bank, the Citizens Bank of Cordele, the Cordele National Bank, and the Exchange Bank of Cordele, and their successors and assigns, so long as they continue to exist as solvent banking institutions in said city, are each, severally, hereby created a county depository for the purposes specified in the preceding section; and the said board of county commissioners and their successors in office shall, upon application and compliance with the requirements of this Act as to making and filing bond, keep all public moneys received by such board, belonging to said county, on deposit in such county depositories until paid out by lawful authority; at all times keeping the public funds of said county distributed in each of said county depositories so applying therefor in equal amounts, as near as the same can practically be done; it being the intent of this Act in this regard, that the public funds of said county, its sinking fund and its revenues received from taxation, commutation tax, licenses, fees or otherwise, shall at all times, as nearly as practicable, be deposited in and distributed to each of said county depositories in equal amounts without discrimination, either in amount or the character of the fund to be held on deposit, so that each of said depositories shall bear the same burdens and receive the same benefits as the others. Banks designated. SEC. 8. Be it further enacted by the authority aforesaid, That each of said depositories shall, before receiving any of the county funds, or entering upon the discharge of its duties by their proper officers, execute a bond made by some fidelity, guaranty or surety company authorized to do business in this State, to be approved by the Board of County Commissioners of Crisp County, Georgia, in such sum as it is at the time estimated will be received by such depository from said county authorities. Said bond shall be conditional for the faithful performance of all such duties as shall be required of it by law, and for a faithful account of all the public money or effects that may come into its hands during its continuance as such depository. Said

Page 203

bond shall be filed and recorded in the office of such board of county commissioners, and a copy thereof certified by the clerk of such board of county commissioners, shall be received in evidence, in lieu of the original, in any of the courts of this State. Bond. SEC. 9. Be it further enacted by the authority aforesaid, That said county depositories shall receive no fees or other compensation whatever for the holding, handling or disbursement of such county funds as may come into its hands, and each of said county depositories shall pay to said county, through its said board of county commissioners, monthly interest on the monthly balances reckoned as of the last day of each calendar month upon the daily balances of such month, interest on all of the sinking fund of said county held by such county depository, at the rate of four per cent. per annum, on such monthly balances. No compensation. Interest on monthly balances. SEC. 10. Be it further enacted by the authority aforesaid, That the county of Crisp shall, as against each of said county depositories, have the same lien against the property and assets of each of said county depositories, to the extent of the public funds held by such depository, as is now provided by law in cases of State funds held in State depositories; and the acceptance of county funds under the terms of this Act, by any of such designated county depositories, shall be held to create such lien until the same is discharged by a lawful accounting for all of such county funds so received. Lien against depositories SEC. 11. Be it further enacted by the authority aforesaid, That each of said county depositories accepting public funds of said county, under the terms of this Act, shall keep such funds in the same separate accounts as is now provided by law for county treasurers, and shall pay out the same only upon lawful warrants issued by said board of county commissioners upon such funds, and shall be subject to the same pains and penalties for the improper payment of any county warrant issued by said board of county commissioners, and shall be forbidden by itself

Page 204

or any of its officers or employees from buying up any county orders for less than their full par value, either directly or indirectly, as is now provided by law as to county treasurers. Duties of depositories. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That at each regular meeting of the board of county commissioners of said county, to be held on the first Tuesday in each month, or such other time as may be provided by said board of county commissioners for their regular meeting, and to each grand jury of said county impanelled at a regular term of Crisp Superior Court, on the first day of the meeting of said grand jury, each of said county depositories shall, without charge, submit a report in writing, showing in detail the amount of public funds held by such county depository for each and every separate account, as well as total thereof, as of the last day of the preceding calendar month, together with the amount of interest paid by such depository for the term of such preceding month. Report in detail of public funds. SEC. 13. Be it further enacted by the authority aforesaid, That should either of said county depositories fail to pay any order which is entitled to payment, or other legal demand upon it, when in funds for such purposes, or to pay any balance that may be in its hands successor, or to the person entitled to receive it, the ordinary of said county may issue execution against it for the amount so legally entitled to be paid, or due, as now provided by law against defaulting tax collectors or county treasurers; and the issue of such execution shall not be held to impair the lien hereinbefore provided for in favor of said county against such county depositories. Execution against depository. SEC. 14. Be it further enacted by the authority aforesaid, That wherever, in the Code of Georgia, it is provided that any duty shall be performed, or act done, by the county treasurer, that the same shall, so far as the same pertains to the county of Crisp, be done and performed by such county depositories, or either of them upon whom lawful demand is made for the performance of such duty; provided, if such demand is for the payment of money, it shall

Page 205

be a lawful excuse of such depository, that it was not in funds liable to such demand. Depository's liability same as that of treasurer. SEC. 15. Be it further enacted by the authority aforesaid, That this Act shall not become effective until the first day of January, Anno Domini, Nineteen Hundred and Sixteen; and that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 14, 1915. DADE BOARD OF COMMISSIONERS' SECRETARY. No. 116. An Act to amend Section 4 of an Act approved by the General Assembly, August 15th, 1914, creating a Board of Commissioners of Roads and Revenues for the County of Dade; and for other purposes, by striking from said section the following words: And the ordinary of said county, by virtue of his office, shall be designated as secretary of said board, and inserting in lieu thereof the following words: Said board shall elect a secretary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled, An Act creating a Board of Commissioners of Roads and Revenues for the County of Dade, approved August 15th, 1914, be and the same is hereby amended by striking from Section 4 of said Act the following words: and the ordinary of said county, by virtue of his office, shall be designated as secretary of said board, and the following inserted in lieu thereof: Said board shall elect a secretary. Act of 1914 amended. Secretary of board. SEC. 2. Be it further enacted by the authority aforesaid,

Page 206

That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. DAWSON TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 218. An Act to abolish the office of County Treasurer of Dawson County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the 1st day of January, 1917, the office of County Treasurer of Dawson County, Georgia, shall be abolished, and such office shall from and after that date cease to exist. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the Ordinary of said Dawson County select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Bank depository. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories, and disbursing agent or agents, shall receive not more than one per cent for acting as such. Compensation. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said ordinary, with securities to be by him approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum

Page 207

which, in the judgment of said ordinary, will double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said ordinary to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. [Illegible Text] against depository. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties of depository. 1. To pay, without delay, when in funds, all orders issued by said ordinary or by his authority, according to the dates of such orders. 2. To take a receipt on each order, when paid and carefully file it away. 3. To keep a well-bound [Illegible Text] in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented; and to record a copy of the order of the county authority levying county taxes. 5. To render reports to and to appear before said ordinary whenever notified, and to appear before any grand jury, on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said ordinary shall have the power and authority from time to time to prescribe other reasonable duties and

Page 208

regulations for the government of said depositories and disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. SEC. 7. Be it further enacted by the authority aforesaid, That said ordinary shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given on or before the day this Act shall go into effect, and the county treasurer of said county then in office shall on the day this Act shall go into effect deliver to such depository or depositories as he may be directed by said ordinary, all county funds then in his hands, and he shall at the same time deliver to said ordinary all records, books and papers that he may have pertaining to his office. Ordinary's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said ordinary shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said ordinary shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said ordinary may determine in each case at the time of making the appointment, the length of time during which such bank shall act as such depository and disbursing agent. Term. SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally just as county treasurers are liable, for any nonfeasance or malfeasance of duty, and said ordinary shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in

Page 209

case of nonfeasance or malfeasance in the conduct of their office. Liability, civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. DECATUR TREASURER'S SALARY FIXED. No. 148. An Act to provide as compensation for the Treasurer of Decatur County a salary of $600.00 per year instead of the commissions heretofore allowed by law. 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 1st day of January, 1917, the Treasurer of Decatur County shall receive as sole compensation for his services a salary of six hundred dollars per year, to be paid by the board of commissioners of roads and revenues of said county from funds provided by them for such purpose, in lieu of any or all commissions now paid and authorized by law. Salary $600 a year. SEC. 2. Be it further enacted by authority of the same, That said treasurer shall give the bond required by law for the faithful discharge of his duties in some bonding or indemnity company authorized to do business in this State, and that the premium on said bond shall be paid by said commissioners of roads and revenues. Bond. Premium on bond. SEC. 3. Be it further enacted by authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1915.

Page 210

DEKALB TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 83. An Act to abolish the office of County Treasurer of the County of DeKalb; to provide how all funds of said county which are paid to, and disbursed by, the county treasurer, shall hereafter be handled and 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 aforesaid, That the office of County Treasurer of DeKalb County be, and the same is hereby, abolished, to become effective on the first day of January, 1917. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioner of Roads and Revenues of said county of DeKalb shall, on the first Monday in November, 1916, and annually thereafter, appoint some good and solvent bank, or banking institution, in the county of DeKalb, as a depository for the county funds of said county, and the term of such depository, first appointed, shall begin on the first day of January, 1917, and expire on the first day of January, 1918, and all succeeding terms of such depositories shall begin on the first day of January and expire on the first day of January one year next thereafter; but no term of such depository shall expire until its successor is appointed and has qualified. Bank depository. SEC. 3. Be it further enacted by the authority aforesaid, That all county funds of said county shall be paid to, and disbursed by, such depository, except such funds as may be especially excepted by law, and then to be collected and disbursed as specially directed. County funds. SEC. 4. Be it further enacted by the authority aforesaid, That said depository shall keep an office at the county site, or within one mile of the court house of said county,

Page 211

for the purpose of receiving and disbursing said county funds. Office at county site. SEC. 5. Be it further enacted by the authority aforesaid, That the duties of such depository shall be such as are now, and which hereafter may be, prescribed by law to be the duties of county treasurers of this State. Duties. SEC. 6. Be it further enacted by the authority aforesaid, That all laws of this State, governing the payment of county orders and providing for entries thereon, and the record thereof, shall be applicable to said depository, and it shall make payments of said orders, in manner and form, as prescribed by law for the payment of such orders by the county treasurers of this State. Laws applicable. SEC. 7. Be it further enacted by the authority aforesaid, That all books and stationery, which said depository may require in the transaction of its business as such depository, shall be furnished by the county; and, when said books of such depository are full, they, together with the vouchers or other files relating thereto, or connected therewith, must be deposited in the office of commissioner of roads and revenues of said county, and afterwards be part of his records. Books to be furnished. SEC. 8. Be it further enacted by the authority aforesaid, That such depository shall not, either directly or indirectly, purchase any county orders or claims for less than their full par value. Not to discount orders, etc. SEC. 9. Be it further enacted by the authority aforesaid, That such depository shall, upon the expiration of its term, resignation or removal, make a full and fair statement of all its accounts and liabilities as such depository, and deliver all the money, books, papers, and property of the county to its successor, which successor must report the same, at once, to the commissioner of roads and revenues of said county; and, when such depository has complied with these provisions and exoneration of itself and sureties, together with the details of such settlement, must be entered

Page 212

on the books of the commissioner of roads and revenues of said county, and be final, except for fraud. The books and accounts of such depository, covering said county funds shall at all time be subject to examination and audit by the commissioner of roads and revenues of said county and by the grand jury thereof. Statement of accounts, etc. SEC. 10. Be it further enacted by the authority aforesaid, That said depository shall be paid for services rendered as such depository the sum of five hundred dollars per annum, payable quarterly, upon warrants drawn by the commissioner of roads and revenues of said county. Compensation. SEC. 11. Be it further enacted by the authority aforesaid, That the commissioner of roads and revenues of said county may, in his discretion, at the time of making appointment of any such depository, and not thereafter, provide that said depository shall pay to said county monthly during the ensuing term of appointment, on the average daily balances of the account of said county, carried by said depository, such rate of interest thereon as may seem to him just and proper, and the said commissioner of roads and revenues shall make his appointments in writing, which shall be entered upon the minutes in his office. Interest on daily balances. SEC. 12. Be it further enacted by the authority aforesaid, That such depository shall give bond, payable to DeKalb County, with security to be approved by the commissioner of roads and revenues of said county, in the sum of fifty thousand dollars, conditioned to faithfully collect, disburse, and account for all moneys or other effects of said county, and otherwise faithfully discharge all the duties required of it by law as such depository. When such bond has been executed, the property of such depository, as well as the sureties thereon, shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. Bond. Liability. SEC. 13. When any such depository fails to pay any order which is entitled to payment, or other legal demand upon it, when there are, or should be, funds on hand for the

Page 213

payment of the same, or to pay any balance on deposit to its successor, or to the [Illegible Text] entitled to receive it, the commissioner of roads and [Illegible Text] of said county shall issue execution against it [Illegible Text] its sureties for the amount due, as against a [Illegible Text] [Illegible Text] collector. Execution against depository. SEC. 14. Be it further [Illegible Text] by the authority aforesaid, That any bank, or [Illegible Text] institution, appointed as such depository, may [Illegible Text] removed for the same causes, and in the same manner [Illegible Text] county treasurers of this State are now removed; and, [Illegible Text] the event any vacancy occurs, for any cause, the [Illegible Text] of roads and revenues of said county shall fill the [Illegible Text] by appointment for the unexpired term, and the [Illegible Text] of this Act shall apply to the depository filling the [Illegible Text] term in the same manner as they do to the [Illegible Text] filling the full term. Removal. Vacancy, how filled. SEC. 15. Be it [Illegible Text] enacted by the authority aforesaid, That should [Illegible Text] other tribunal, or officers be vested hereafter with the [Illegible Text], jurisdiction, and remedies, now vested in the [Illegible Text] of roads and revenues of said county, such [Illegible Text], or officers, shall perform all the acts herein provided to be done and performed by said commissioner of [Illegible Text] and revenues of said county. Duties of commissioner. SEC. 16. 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 [Illegible Text] 11, 1915. [Illegible Text] TREASURER'S SALARY FIXED. No. 15. An Act fixing the salary of the County Treasurer of Douglas [Illegible Text], and for other purposes. SECTION [Illegible Text]. Be it enacted by the General Assembly of Georgia, [Illegible Text] it is hereby enacted by authority of the same,

Page 214

That, on and after the first day of January, 1916, the County Treasurer of Douglas County shall receive a salary of two hundred dollars ($200.00) per annum, payable quarterly, out of the general fund of said county. Salary $200 a year SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 2d, 1915. EARLY BOARD OF COMMISSIONERS; REPEAL OF AMENDING ACT OF 1913. No. 253. An Act to repeal an Act approved August 18th, 1913, found in Georgia Laws, 1913, page 382 et seq. entitled An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of the same, to add another member to said board, to separate said board into committees, and to define the duties of each committee, and for other purposes; also to provide the effect of this repeal and consequent modifications upon the law existing at the time the above recited Act was passed, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That an Act approved August 18th, 1913, found in Georgia Laws, 1913, page 382 et seq., entitled An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of the same, to add another member to said board, to separate said board into committees, and to define the duties of each committee, and for other purposes, be, and the same is

Page 215

hereby repealed, with the effect of restoring the law on the subject of the Board of County Commissioners of Roads and Revenues for the County of Early to the same condition it was on the day when said Act above referred to was passed; provided, nevertheless, that the present board of county commissioners who constituted said board at the time of the passage of the above named Act hereby repealed, shall continue to serve until their successors are elected. Their successors shall be elected at the next general election for county officers held in said county of Early, and the term of office of the members of said board shall be for four years, as other county officers' terms now are. Act of 1913 repealed. Effect of repeal. SEC. 2. All laws and parts of laws in conflict herewith are repealed. Approved August 16, 1915. ECHOLS TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 225. An Act providing for abolishing the office of County Treasurer of Echols County, Georgia, the creation and establishment of a county depository for [Illegible Text] county of Echols, which depository shall receive, keep, care for and pay out all county funds, including those now under care of the county commissioners. 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 on and after the first day of January, 1917, the office of County Treasurer of Echols County shall be, and the same is hereby abolished. Office abolished.

Page 216

SEC. 2. Any bank, National or State, authorized to do business in this State, shall be eligible for appointment as such depository, and the competition for such appointment shall be open to all such banks. Bank depository. SEC. 3. All banks desiring to become such depository for Echols County, shall make application to the county commissioners or ordinary, as the case may be, and the bank which offers the best terms and conditions for the funds so to be deposited, shall be selected and declared the depository for Echols County. How elected. SEC. 4. The bank selected as such depository shall execute and deliver to the county commissioners of said Echols County (or if there be no board of county commissioners at the date this Act goes into effect, then the ordinary of said county of Echols), a fidelity bond in some reputable bonding company authorized to do business in this State, for an amount to be determined by the county commissioners, or ordinary, as the case may be, conditioned for the faithful performance of the duties of said depository as set forth herein. Said bond, both as to validity and amount, shall be approved by the Comptroller-General before any deposits shall be placed with said depository. The bond to be given by the bank selected as a depository, shall be conditioned for safe-keeping, accounting for and paying over upon demand by proper authority all moneys that may come into its hands by virtue of its acting as such depository, and will in all respects duly and faithfully perform the duties imposed upon it by reason of such appointment. Bond. Approval of bond. Condition of bond. SEC. 5. The County Treasurer of Echols County shall, on or before the first day of January, 1917, pay over to the bank or banks so selected and qualified on or before that date to act as depositories, all money which may be in his hands at that time, and after said time the tax collector and all other persons collecting any county money shall pay the same to the bank qualified as above to receive the same. Treasurer's duty.

Page 217

SEC. 6. All money drawn from the depository of Echols County, as created by this Act, shall be by check, signed by the chairman of the board of county commissioners (if there be such board) attested by the clerk of said board, and each and every such check must show its consecutive number (or if a number is omitted it must be satisfactorily accounted for), the amount of the check, the person in whose favor drawn, and for what purpose. The checks authorized by the board of county commissioners at any regular or special meeting shall be entered on record in the minutes of said meeting, and a duplicate list furnished to the depository by the clerk of said board before said depository shall pay out any money on such checks. If there be no Board of County Commissioners of Echols County when this Act goes into effect, then the duties as to checks recited in this section shall devolve upon the ordinary, and he shall make up his list of checks in the same manner as is provided for county commissioners, furnish a copy to the depository under his seal of office, and keep a record of same. Money, how drawn. Checks, record of, etc. SEC. 7. The board of county commissioners or ordinary, as the case may be, shall keep an accurate and complete set of books, showing amount of checks issued each month, deducted from the balance on checking account as reported by the depository and no check shall be drawn in excess of the known balance to the credit of said board or ordinary. The depository shall report to the board or ordinary at least once a month, or oftener if deemed desirable, the amount of funds on hand, and return monthly all cancelled checks. Books to be kept. SEC. 8. The accounts so kept by the depository of Echols County shall be subject to inspection by the State Comptroller, or the State Auditor (if such office is created), and come within the purview of the general examination by State Bank Examiner or Comptroller of the Currency, as other parts of the bank are. Accounts, inspection of.

Page 218

SEC. 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1915. EFFINGHAM TREASURER'S OFFICE ABOLISHED. No. 38. An Act to abolish the office of County Treasurer of the County of Effingham, State of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after October 1st, 1915, the office of Treasurer of Effingham County, Georgia, be and is hereby abolished. Office abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. EFFINGHAM COUNTY DEPOSITORY PROVIDED. No. 66. An Act to empower the Commissioners of Roads and Revenues of Effingham County, Georgia, to name one of the banks of said county as a depository to receive and disburse the county funds; to authorize the tax collector of said county, and other officers or persons receiving county funds, to deposit the money in the bank so named; to authorize such bank to pay the vouchers drawn upon the funds of said county by the commissioners of

Page 219

roads and revenues of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That on and after October 1st, 1915, the Commissioners of Roads and Revenues of Effingham County, State of Georgia, shall name one of the banks of said county as a depository to receive and pay out the funds of said county, the bank so named to give a good and sufficient bond, to be approved by said commissioners, for the safe keeping and proper disbursement of said funds. Bank depository. SEC. 2. That the Tax Collector of Effingham County, and all other officers or persons who are now or may hereafter be authorized to receive money belonging to said county, from taxes, fines, forfeitures, and all other sources, shall deposit the money so collected in the bank so named by said commissioners, taking proper receipts for such deposits, which funds so deposited shall be placed to the credit of the various county funds, the amount or proportion of each fund to be determined by said commissioners of roads and revenues, in the tax levy for each year. No money to be transferred from one fund to another except by authority of said commissioners of roads and revenues of said county. Deposits of money. Transfer of funds SEC. 3. The commissioners of roads and revenues of said county are hereby fully empowered to draw their warrants or vouchers upon the funds so deposited, in payment of bills due by the county, and such bank shall pay these warrants and vouchers from the various funds of the county as designated on such vouchers. Such bank shall keep a record of all vouchers, in regular order, and at the close of each month shall render a statement to said commissioners of roads and revenues showing the balance in bank to the credit of each fund, and what warrants have been paid. Payment of warrants, etc. SEC. 4. Be it further enacted, That said commissioners of roads and revenues shall be authorized to fix the compensation

Page 220

to be paid to such bank, and to change the depository from time to time as they may deem advisable. Compensation SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. EVANS BOARD OF COMMISSIONERS CREATED. No. 185. An Act to create a Board of Commissioners of Roads and Revenues for the County of Evans; to provide for the election of members thereof by the qualified voters of said county; to provide for commissioners for said county until the first election under this law; to define all 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 a Board of Commissioners of Roads and Revenues of the County of Evans, to consist of three persons, is hereby [Illegible Text]. Said commissioners shall be freeholders and qualified voters of said county, and of good moral character, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. Board of three. Qualification. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act the said county of Evans shall be divided into three road districts, to be constituted as follows, to-wit.: The first road district shall be composed of the 1738th G. M. District. The second road district shall be composed of the 401st and the 1607th G. M. Districts. The third road district shall be composed of the 1366th and the 1739th G. M. Districts. Road districts.

Page 221

SEC. 3. Be it further enacted by the authority aforesaid, That at any time the county commissioners shall [Illegible Text] a new militia district they shall have authority by majority vote of their board to attach said new militia district to any one of the three road districts. Militia districts. SEC. 4. Be it further enacted by the authority aforesaid, That the first election of county commissioners under this Act shall be held on the regular election day in November, 1916, and that the commissioners elected on that day shall go into office on January 1st, 1917, and serve for a term of four years, and their successors shall be elected regularly at the November elections for terms of four years each, and that all commissioners thus elected shall serve until their successors are qualified. Election of commissioners. Term of office. SEC. 5. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one for each road district is hereby prescribed; they shall each be elected by the qualified voters of the entire county and not by the qualified voters of one road district. One for each road district. SEC. 6. Be it further enacted by the authority aforesaid, That from September 1st, 1915, until January 1st, 1917, W. B. DeLoach shall be commissioner for the first road district, and Dr. B. E. Daniel shall be commissioner for the second road district, and H. Leonard Brewton shall be commissioner for the third road district, with full authority to perform all the duties of the office of commissioner of roads and revenues. Commissioners designated. SEC. 7. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall be exempt from all jury duty during their term of office. Exemptions. SEC. 8. Be it further enacted by the authority aforesaid, That before any commissioner shall qualify and perform any of the duties of his office under this Act, that he shall give a good bond in [Illegible Text] sum of fifteen thousand dollars to be approved by the ordinary of said county and

Page 222

payable to the ordinary of said county for the faithful performance of any and all duties of said office. Bond SEC. 9. Be it further enacted by the authority aforesaid, That should there be a vacancy from any cause in the office of any commissioner during his term of office under this Act, that the judge of the superior court of said county shall at once appoint his successor to fill out his unexpired term, and he shall be appointed from the road district where the vacancy occurs. Vacancies. SEC. 10. Be it further enacted by the authority aforesaid, That the said commissioners shall not expend one cent of money for any purpose without express law and authority for the same, and if they do, they shall be guilty of a misdemeanor and the grand jury of said Evans County shall indict them. Illegal expenditure a crime. SEC. 11. Be it further enacted by the authority aforesaid, That the said commissioners are hereby authorized and directed to pay to the proper officers the actual costs in the case where a misdemeanor convict is sentenced to the chaingang of said county and serves his term upon said chaingang in said county; provided, he is sentenced to said chaingang for a period of four months or more. Costs of convictions. SEC. 12. Be it enacted by the authority aforesaid, That said commissioners shall not pay out any money for any purpose to any one except upon an itemized sworn account after it is examined and approved, and then it shall be filed away alphabetically, and all accounts paid at each monthly meeting shall be filed away together and indexed so any citizen can easily find said paid accounts, and said commissioners shall at once purchase proper files for the same, and that no account shall be paid at any time only at the regular monthly meeting, and said account thus paid shall be approved by a majority vote of the board and the check or voucher for the same shall be signed by the chairman and the clerk of the board. Payments, how made. Files. SEC. 13. Be it enacted by the authority aforesaid, That where the commissioners pay a regular monthly salary to

Page 223

anyone for any purpose, that it shall be unlawful for them to pay him anything else for incidentals or other expenses connected with his work, or any other work and if they do they shall be guilty of a misdemeanor. Penalty for illegal payment. SEC. 14. Be it enacted by the authority aforesaid, That no member of said board of commissioners shall hold any subordinate position under said board; that no member, or any firm of which he may be a member, or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to, or perform any contract of service, either directly or in directly, of any character whatever with said board, and if he does, he shall be guilty of a misdemeanor. Board member not to be employed, or to contract as individual. SEC. 15. Be it enacted by the authority aforesaid, That members of the board of commissioners herein created shall receive as their compensation $4.00 a day for each day of actual service; provided, that no commissioner shall be paid for more than fifteen days service during any one year and that he shall spend as much as one day in each month in each militia district looking after the roads and bridges of said district. The said commissioners shall elect a clerk of said board whose duty it shall be to keep a record of the acting and doing of the board at the court house in said county; said [Illegible Text] to be opened to the inspection of any citizen of said county at all times, if the same do not conflict with the meetings of the board and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of $35.00 a month, and shall include his salary and all expenses connected with his duties. Said clerk shall not be a member of said board of commissioners. The said commissioners shall at their first meeting, elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said board. Said commissioners before entering upon their duties

Page 224

as such shall take an oath before the ordinary for the faithful performance of their duties. Compensation, limit of. Clerk's duty. His salary. Chairman of board. Oath. SEC. 16. Be it enacted by the authority aforesaid, That the clerk of the court of county commissioners shall be the purchasing agent under direct authority of county commissioners for said county for all things needed by the different departments of said county, and especially for all supplies for the convicts and feed for the mules and horses owned by said county and for all machinery used for said county, and in fact for everything purchased by said county, and he shall at no time pay more than the fair market price for the same, and shall monthly, at the regular meeting of the board, report to the board all purchases made during the past month and he shall exhibit an itemized statement for the same and it sworn to by the party from whom he purchased, and the same shall then be approved by the commissioners, if they find the same just, fair, correct, and reasonable, and this shall apply to all supplies, for all county officers, including all things of all kinds that may be needed from time to time by said county officials, but supplies for convicts and road machine crews may be purchased by the man in charge of the same, and then report it to the clerk of said commissioners. Clerk to be purchasing agent. SEC. 17. Be it enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: In directing and controlling all the property of the county, according to law; in levying taxes, according to law; in altering, establishing or abolishing roads, bridges and ferries, according to law; establishing, abolishing or changing election precincts or militia districts; in supervising tax collectors' and tax receivers' books, and allowing the insolvent list of said county; and they shall have the right to inspect or have inspected any office and records of any county officer at any time, and they shall have the right to employ a competent man to do said work at a price not to exceed five dollars a day; in settling all claims against the county, examining and auditing all claims and accounts of officers

Page 225

having the care, management, keeping, collecting or disbursement of any money belonging to the county or appropriated for its use and benefit and bring them to settlement; in controlling and managing the convicts of said county, according to law; in making rules and regulations for the support of the poor of the county, and for the promotion of health, and electing and appointing all minor officers of said county where election is not otherwise provided by law, such as superintendents and guards of convicts, or of chaingangs, janitor of court house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling; and to have and to exercise, all the powers before vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as indispensable to their jurisdictions over all county matters and county finances; and they shall have a right to use the convicts of said county in improving the school grounds of any public school in said county; and they shall select any State bank in Claxton to do the work formerly done by the county treasurer of said county, but said bank shall not charge anything nor be paid anything directly or indirectly for performing said services. Jurisdiction of board. SEC. 18. Be it enacted by the authority aforesaid, That said board shall have the entire control and management of the convicts of said county sentenced to work on the public roads in said county, and may employ them upon the public roads and bridges or any other public work of said county. Said board shall have the right and power to hire, work and control on the public works of said county such convicts from other counties in Georgia as may be necessary in carrying on said public works in said county. The said county commissioners shall have authority at any regular meeting to establish a chaingang in and for Evans County, and pass such rules and regulations for maintaining and carrying on the work of the same that they may deem right and proper. Convicts.

Page 226

SEC. 19. Be it enacted by the authority aforesaid, That said board shall hold at least one session on the first Monday in each month at the county site, and in the court house where the clerk of said board shall keep a regular office. At the request of a majority of the board, the chairman may at any time call an extra session; written notice of such shall be served on each member. The board shall have the right to adjourn from day to day until they finish their business. No less than two members of said board shall pass any order on any subject matter, and this shall be shown on the minutes by recorded yea and nay votes. The chairman shall vote on all measures before the board. Sessions. Quorum. SEC. 20. Be it enacted by authority aforesaid, That said commissioners shall not neglect any public roads in said county nor refuse to keep up a road that they have built and they shall not build more roads in one section of the county than another, and the work of the convicts and the road and bridge funds shall be justly and equitably distributed over the county. Equality in road work. SEC. 21. Be it enacted by the authority aforesaid, That the said commissioners shall have authority to employ a county attorney, and they shall not pay him a salary of more than $25 a month. Attorney and his pay. SEC. 22. Be it enacted by the authority aforesaid, That in employing and paying the county physician, for the pauper farm or county jail, or for the county convicts, said commissioners shall pay him only for the actual services rendered at the standard prices now charged by the physicians of Evans County. Physician for farm and jail. SEC. 23. Be it enacted by the authority aforesaid, That the clerk of the superior court shall on every first Monday report in writing to the county commissioners a true statement of all money that has been spent by the judge of the superior court for any cause, or by the clerk in paying jurors or otherwise. Clerk of superior court, statements by. SEC. 24. Be it enacted by the authority aforesaid, That

Page 227

all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. EVANS COUNTY ROAD LAW ENACTED. No. 188. An Act to provide for the working of the public roads, authorizing the county commissioners to appoint a road superintendent of public roads and bridges, and to fix his compensation and define his power and duties; to provide who shall be subject to road duty, and to commutation tax in the road work; to provide for the punishment of defaulters and delinquent officers; to provide for the levying of a tax for road purposes; to authorize the county commissioners to purchase, hire or rent all machinery, implements, stock, tools and other things necessary for the working of said public roads and bridges and repairing the same; to provide a method and means of collecting the commutation road tax, and for 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 commissioners of roads and revenues of said county of Evans, shall have the sole right, power and authority to lay out, open, change or discontinue public roads, and the erecting and caring for all public bridges in said county; and they shall have the right and authority to appoint a superintendent of public roads, and said superintendent of public roads may be the warden in charge of the convicts of said county; and they may appoint some competent person

Page 228

in each militia district to collect the commutation tax in said districts. Powers as to roads. Superintendent. SEC. 2. Be it enacted by the authority aforesaid, That it shall be the duty of the road superintendent to have a general supervision of all the public roads and bridges in said county of Evans, and to assist the county commissioners in the management of said public roads and bridges and places in said district at least ten days before he begins by the county commissioners in the building, repairing and keeping up of the public roads and bridges of said county. Duties of superintendent. SEC. 3. Be it further enacted by the authority aforesaid, That each male citizen of the county of Evans between the ages of 21 and 50 years shall be subject to road duty, except those who are mentally or physically disabled, and shall be, and are hereby required, when notified or summoned to work on the public roads of Evans County for a term of six days each year, or pay to the proper county authority by whom they are notified or summoned, at the time they are served with the notice or before the day they are notified to work, the sum of fifty cents a day for each day they are required to work. Road work or road tax. SEC. 4. Be it further enacted by the authority aforesaid, That said commutation road tax shall be collected all at one time during each year, and that the county commissioners shall designate one of the lawful constables in each militia district to collect said commutation tax or some suitable and qualified person for collecting the same, and said collector shall receive for his entire services in collecting said money ten per cent. on the dollar of all money collected, and if he has to work any road hands, who work instead of pay, he shall receive one dollar and fifty cents a day for the actual days that he is working them; and said tax collector shall post a written notice at the court ground of his militia district and at five other public places in said district at least ten days before he begins to collect said tax, giving the people notice of day when he will begin to summons them to pay or to work; and he

Page 229

shall give every male citizen subject to road duty a written summons that will tell him when and where to meet, to pay or to work, and he shall have said summons at least five days before the day he is called upon to work or pay; and all parties subject to road duty shall be summoned to work on a public road in said militia district, but the collector shall not be permitted to summons said road tax payers to any other place in a less number than fifteen; and the said six notices to be posted in the district shall be dated and posted on the first or second day of the month in which the taxes are to be paid; and the said road tax collector shall complete his work within one month and turn over all money thus collected to the county commissioners on the next first Monday; that said road tax shall be collected in each year during the month of January, or as soon thereafter as possible; that if after the month of January during the year any party moves into any district and remains as a citizen for a period of ten days, he shall be subject to pay said road tax and the road tax collector may summons him at any time to pay said road tax. Collection of commutation tax. SEC. 5. Be it further enacted by the authority aforesaid, That before any person shall collect said road tax he shall give bond in the sum of five hundred dollars to the county commissioners of said county for the faithful performance of all his duties, said bond to be approved by the clerk of said commissioners and filed in his office and said commissioners shall have a man under bond to do said work on December 31st of each and every year. Collector's bond. SEC. 6. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues shall constitute a court to try all road defaulters, and said court shall be held for that purpose at any time during the year, but as early as possible after said defaulters have been so returned, and they may hold said defaulters' court in their office in the court house or at any place in said county, and said defaulters shall have ten days' notice of the time and place of said court, and the road tax collector shall serve said summons upon him, and the said commissioners

Page 230

while holding their court to try said defaulters shall have full authority to keep order, to compel the attendance of witnesses, to swear witnesses, to take testimony, punish for contempt of court, and impose such fines as may be lawful, and the clerk of said court may issue execution for such fines, or other writs as will carry out the judgments of the court and enforce the penalties that may be imposed. Court to try defaulters. SEC. 7. Be it further enacted by the authority aforesaid, That any person who has failed or refused to pay the commutation tax when demanded, or to work the roads, or who refuses to appear at the time and place appointed to work, or who refuses to attend the court appointed to try defaulters, when he has been legally summoned to work or pay, or to appear at said court to try defaulters, without a good and legal excuse, shall be fined not less than three dollars and costs nor more than ten dollars and costs, or be imprisoned in the county jail not less than five days nor more than ten days, or be sentenced to work on the county chaingang not less than five days nor more than ten days; and said road tax collector shall be allowed one dollar for serving a notice upon the defaulter to come to court, and one dollar for serving any further writ upon him in the nature of a warrant or an arrest, and one dollar for taking bond for his appearance at the next term of court. Punishment of defaulter. SEC. 8. Be it further enacted by the authority aforesaid, That the county commissioners on the first Monday in September of each year shall fix and levy a tax additional to any now authorized by law, which shall be denominated as road tax, which shall not exceed twenty-five cents on the one hundred dollars on all the taxable property for the county of Evans, which fund so raised with the commutation tax heretofore provided, shall be known as the public road and bridge fund of the county of Evans and shall be used and expended for the purpose of building and repairing public bridges, and expenses connected therewith, and for buying tools and machinery for doing said work and all of said road and bridge funds shall be justly and

Page 231

equally distributed over the county where most needed; and all of said road and bridge fund spent upon the roads and bridges either by the working of the convicts or otherwise, shall show how much is spent for all purposes every month, and a statement of the same shall be published in the official newspaper of said county twice a year, in the first issue of said paper following the first Monday in January and in July, and said statement shall be brief and simply show the total amount spent each month for roads and bridges. Additional road tax, levy of. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of said commissioners shall have authority to contract with any party to do any temporary work that is absolutely demanded at any time in order to fix any road or bridge that can not remain in its bad condition until it is reached by the convicts or those employed to do the regular work, and it shall be the duty of the said clerk to keep posted at all times as to the condition of said roads and bridges. Temporary work. SEC. 10. Be it further enacted by the authority aforesaid, That the commutation road tax that may be due the county for the year 1915 under this Act, or the old road law, shall not be collected and all parties are hereby relieved of the same for the year 1915. Relief of tax under old law. SEC. 11. Be it further enacted by the authority aforesaid, That the county commissioners shall have the power to contract any special road or bridge work to different parties, but the same shall be done by contract only, and paid for as any other claim against the county, except it shall be paid out of the road funds of said county, and only after the same has been inspected and approved by one of said road commissioners or the road superintendent. Contract for special road work. SEC. 12. Be it further enacted by the authority aforesaid, That the county warden in charge of the [Illegible Text] shall not receive more than one hundred dollars a month as his salary and nothing else as added expenses, and this

Page 232

shall apply to him if he be also acting as superintendent of public roads. Warden's salary. SEC. 13. Be it further enacted by the authority aforesaid, That this Act shall go into effect on September 1st, 1915. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws that conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. EVANS TREASURER'S OFFICE ABOLISHED. No. 226. An Act to abolish the office of County Treasurer of Evans County; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the office of County Treasurer for the County of Evans, is hereby abolished. Office abolished. SEC. 2. Be it further enacted, That the said office of County Treasurer of Evans County is abolished, to take effect on January, 1, 1916. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 233

FAYETTE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 258. An Act to abolish the office of County Treasurer of Fayette County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the 1st day of January, 1917, the office of County Treasurer of Fayette County, Georgia, shall be abolished, and such office shall from and after that date, cease to exist. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said Fayette County shall by a majority vote taken among themselves, select some bank, banks, or bankers in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. [Illegible Text] SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks or bankers as shall be so designated as such depository or depositories, and disbursing agent, or agents, shall receive no compensation for acting as such, but said commissioners shall, if possible, get such bank, banks, or bankers to pay said county for the privilege of acting as such depository and disbursing agent. No compensation. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent, until it shall have given a bond, payable to said commissioners, with the securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum, which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank or bankers for the ensuing

Page 234

twelve months from the date of the bond. The property of such bank or bankers as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of same being done, to revoke the appointment of such bank as depository and disbursing agent. [Illegible Text]. Lien against depository. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank, or bankers, acting as such depository and disbursing agent: Duties of depository. 1. To pay without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders. 2. To take a receipt on each order when paid, and carefully file it away. 3. To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent, whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents, and said depositories and disbursing

Page 235

agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Additional duties may be imposed. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depository and disbursing agent, or depositories and disbursing agents, and such bond or bonds shall be given on or before the day this Act shall go into effect, and the county treasurer of said county then in office shall, on the day this Act shall go into effect, deliver to such depository or depositories as he may be directed by said commissioners, all county funds then in his hands, and he shall at the same time, deliver to said commissioners all records, books and papers that he may have pertaining to his office. Depository is [Illegible Text] agent. SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no bank, banks, or bankers in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment, the length of time during which such bank or bankers shall act as such depository and disbursing agent; provided, no commissioners shall make a contract with any bank or bankers as depository to extend beyond the term of office of said commissioners. Term. SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally just as county treasurers are liable, for any non-feasance or malfeasance of duty, and said commissioners shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities

Page 236

on their bonds may now be proceeded against in case of non-feasance or mal-feasance in the conduct of their office. Liability, civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. FLOYD BOARD OF COMMISSIONERS CREATED. No. 187. An Act to create a Board of Commissioners of Roads and Revenues of County of Floyd, State of Georgia, to consist of three members; to provide for the election of the members of said board, prescribe their qualification, jurisdiction, duties, powers, compensation and term of office; to authorize said board to create and fill the office of superintendent of roads and bridges; to create and fill such other offices as may be needed for said county; to define the duties, fix the compensation and provide for the election and removal of offices selected by said board as said board may deem proper; to provide for a special election to elect the members of said board, to repeal all 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 there be created a Board of Commissioners of Roads and Revenues for the County of Floyd, State of Georgia, to consist of three members who shall be citizens of said county eligible to be elected members of the General Assembly of Georgia from said county, who shall

Page 237

serve for a term of four years, or until their successors are elected and qualified (except as herein provided) and to be elected as herein provided. Board of three. Eligibility. SEC. 2. That upon the ratification by the voters of said county of Floyd of a companion Act entitled An Act to repeal an Act approved August 18, 1911, entitled `An Act to provide uniformity in the composition of Board of Commissioners of Road and Revenues of Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of nomination and election of the members of said board, the term of office, and for other purposes,' and to repeal an Act amendatory thereto approved August 29, 1912, entitled `An Act to amend an Act entitled an Act to provide uniformity in the Board of Commissioners of Roads and Revenues in Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of nomination and election of the members of said board; the term of office, and for other purposes;' to abolish the board of commissioners of roads and revenues of said county of Floyd created thereunder; to provide for submitting this Act to the voters of said county of Floyd for ratification or rejection; and for other purposes. Then the ordinary of said county of Floyd shall call and advertise a special election in said county, as special elections are now called and advertised under the laws of this State, for the purpose of electing the members of the board of roads and revenues created by this Act; said election to be held as special elections are now held under the laws of this State, in all the voting precincts of said county. All voters of said county of Floyd who were qualified to vote for State and county officers on November 3, 1914, or who since have become qualified to vote for county officers, shall be qualified to vote in said election. The expenses of said election shall be paid out of the public funds of said county. Said ordinary shall consolidate the returns and declare the three persons receiving highest vote elected members of said board, and the persons so elected shall take office the first Monday following

Page 238

declaration of said result and shall hold office until the first day of January, 1917, or until their successors are elected and qualified. Repeal of Acts of 1911 and 1912, ratification of. Election of commissioners. SEC. 3. Be it further enacted by authority aforesaid, except as is provided in Section 2 of this Act, said board shall be elected at the general election held every four years for the election of county officers. Vacancies shall be filled by the remaining members of the board until the next general election of members for the General Assembly, when a member shall be elected by the voters of the county to fill such vacancy or vacancies. Terms. Vacancies. SEC. 4. Be it further enacted by the authority aforesaid, That the members of said board shall receive a salary of $25.00 per month each, and no additional compensation or emolument shall be paid for such service. Any member of said board receiving either directly or indirectly any reward or emolument by reason of his services as a member of said board, shall upon conviction be punished as for a misdemeanor. Salary. Penalty. SEC. 5. Be it further enacted by authority aforesaid, said board shall organize by electing one of its members as chairman. Said chairman shall preside at all meetings of said board at which he is present, and shall vote on all questions. Said board may elect a vice-chairman, who shall preside in the absence of the chairman. At least two members of the board shall be necessary to act on all questions. The board may elect a secretary, fix his compensation and provide his duties. Said secretary may be removed at the pleasure of the board. The board shall have stated meetings at least twice a month and may have special meeting upon the call of the chairman or in case of his inability or refusal to act, by the remaining two members of the board, after due notice. Organization and meetings. Secretary. SEC. 6. Be it further enacted by authority aforesaid, That said board shall have entire jurisdiction and control over the public roads, highways, bridges and ferries of the county; and over the construction, improvement, establishment

Page 239

and maintenance thereof; over the public buildings and property of the county, court house, jail, and county home; over county taxes, licenses and finances: over drainage, sanitation and hygiene; with power to levy, assess, fix and collect taxes, and to appropriate and expend the same, under the laws of the State of Georgia; to buy, own and operate the necessary property, machinery, equipment and supplies as may be properly used in carrying out the affairs of the county; and to perform all other duties incident thereof. Jurisdiction conferred. SEC. 7. Be it further enacted by the authority aforesaid, That said board may create and fill such positions and offices as may be necessary for a proper management of the affairs of the county, including the offices of county auditor, county attorney, county home superintendent, county physician and such clerks, engineers, foremen, inspectors, laborers, and other positions necessary to carry on the business of the county, and to fix the salary and compensation of such officers. Positions and offices. SEC. 8. Be it further enacted by the authority aforesaid, That said board may create the office of superintendent of roads and bridges, fix his salary, duties and powers, who shall have the general supervision of the construction of all roads, highways, bridges, public buildings and other public property of the county. No person shall be eligible to election to said office or position unless he be an experienced civil engineer and who has had at least three years' practical experience in building and maintaining public roads. Superintendent of roads and bridges. SEC. 9. Be it further enacted by authority aforesaid, That any office created by said board may be abolished, and any officer and employee of said board may be removed at the pleasure of the board. Removal of officers. SEC. 10. Be it further enacted by authority aforesaid, That it shall be unlawful for any member of said board or any officer or employee of said board to be interested either directly or indirectly in any contract with said county of

Page 240

Floyd, or any subordinate agency thereof having for its object the public improvement of said county, or any part thereof, or the expenditure of any of the money of the county. Nor shall the members of said board on behalf of the county enter into any contract of like kind with a person, firm or corporation where any member thereof has relatives directly or indirectly interested within the second degree by affinity or consanguinity; nor shall said board elect or appoint to office any person who is related to any member thereof within the second degree by affinity or consanguinity. Any violation of this section shall, upon conviction, be punished as for a misdemeanor. Unlawful acts, contracts, etc. Penalty. SEC. 11. Be it further enacted by authority aforesaid, That said board shall not have jurisdiction over stock law elections, cut-offs, militia district lines, private ways, prosessioning of land, but such questions and matters shall remain under the jurisdiction of the ordinary of said county. Jurisdiction denied. SEC. 12. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. GORDON TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 43. An Act to abolish the office of County Treasurer of Gordon County; to provide for the disposition of the books, papers, records, county funds, and other property and business of said office; to provide for the handling of the county funds by the county commissioners; to provide for the selection of county depositories; and, to provide that this Act shall not go into effect until January 1st, 1917, and for other purposes.

Page 241

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1917, the office of County Treasurer of the County of Gordon be and the same is hereby abolished. Office abolished SEC. 2. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1917, all the books, papers, records and other property and business of the said office of County Treasurer of Gordon County, shall be delivered to and disposed of by the county commissioners of roads and revenues of said county. Said commissioners of roads and revenues of said county shall, at their first regular meeting in January, 1917, and at their first regular meeting of each year thereafter, or as soon thereafter as practicable, select some chartered bank or banks located in said county of Gordon, to act as county depository or depositories for the purpose of receiving, handling and paying out, and otherwise disposing according to law of county funds of said county, and for the performance of the duties now performed by the County Treasurer of Gordon County, as may be required of them by said board of commissioners of roads and revenues. All county funds shall be deposited with said depository or depositories, subject to the order of the said board of commissioners of roads and revenues of said county. Said bank or banks shall be required to give good and solvent bond in such sum as shall be required of them by said board of commissioners of roads and revenues for the faithful performance of their duties under this Act. Said depository or depositories shall serve without any compensation except the use of public money. In the event such depository or depositories furnish as a security on the aforesaid bond, any bonding company, the board of commissioners of roads and revenues shall have the authority in their discretion to pay premiums on such bond out of any county funds available therefor. Such depository or depositories shall be chosen annually as hereinbefore provided for a term of one (1) year. In the event no chartered bank or banks shall

Page 242

qualify as a depository or depositories under this Act, then and in that event, the said board of county commissioners of roads and revenues shall have the authority to select any qualified person to perform such duties upon his giving such bond and security as may be required of him by said board, and he shall receive for such services such compensation as may be provided by said board, not to exceed one hundred ($100.00) dollars per annum. Bank depositories. Bond. No compensation. Premium on bond. Term, one year. Selection of person in lieu of bank. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the board of commissioners of roads and revenues to see that all county dues are diligently collected from all officers and others; to examine the minutes and execution dockets of the different courts of the county, and to require all public moneys appearing to be due thereon to be paid to said depository or depositories, and to institute proceedings against defaulters. Collection of county dues. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the said depository or depositories to pay without delay, when in funds, all orders, according to their dates, and to take a receipt on each order when paid, and carefully file it away; to keep a book in which shall be entered all receipts, stating when received, from whom and on what account, and all amounts paid out, stating when paid, to whom, and on what account; to exhibit to the first grand jury at the first session of the superior court of each year, a full statement of the condition of the county treasury up to that time, and to make such other reports to the said board of commissioners of roads and revenues as may be required by them; when such books of the said depository or depositories hereinbefore provided for are full, they, together with the vouchers or other files relating thereto shall be deposited in the office of the ordinary of said county, and afterwards be part of his records. Duties of depositories. Reports. SEC. 5. Be it further enacted by the authority aforesaid, That all county warrants for the disbursement of county funds shall be drawn upon and paid by the county depository or depositories hereinbefore provided for, and

Page 243

as such warrants are now drawn upon the treasurer of said county and such disbursement made by him. Warrants. SEC. 6. Be it further enacted by the authority aforesaid, That this Act shall not become effective until on and after the first day of January, 1917. Effective after 1916. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 7, 1915. GWINNETT BOARD OF COMMISSIONERS ABOLISHED. No. 195. An Act to repeal an Act approved August 26th, 1872, entitled an Act to create a board of commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, and all Acts amendatory thereof. SEC. 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 from and after the passage of this Act, an Act approved August 26th, 1872, entitled an Act to create a board of commissioners for the county of Gwinnett, and to prescribe and define the duties thereof, and all Acts amendatory of said Act, be, and they are hereby repealed, and the board of commissioners thereby created be, and the same is hereby abolished. Act of 1872 and amendments repealed. SEC. 2. Be it further enacted, That immediately after the passage of this Act the members of said board of commissioners shall turn over and deliver to such board of commissioners

Page 244

for said county as may be created by this General Assembly, all papers, files, dockets, and records belonging to or appertaining to the business of the board of commissioners hereby abolished, together with all monies in their custody, or control, belonging to said county. Duty of commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and they are hereby repealed. Approved August 16, 1915. GWINNETT BOARD OF COMMISSIONERS CREATED. No. 262. An Act to create a board of county commissioners for Gwinnett County, and to prescribe and define the powers and duties 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 in the county of Gwinnett, in this State, a board of county commissioners, to consist of three members, to-wit.: L. P. Patillo, C. A. McDaniel, and John H. Britt, who shall serve until their successors are elected and qualified, as hereinafter provided. Board of commissioners named. SEC. 2. Be it enacted, That members of said board of commissioners shall be elected by the voters of said county at the same time, in the same manner, and for the same period that all county officers are now elected, and shall be commissioned by the Governor, and in the event of the death or resignation of a member thereof before the expiration of his term of office the vacancy thereby made shall be filled by the remaining commissioners, for the unexpired term of such outgoing commissioner, who shall be

Page 245

commissioned by the Governor, and hold his office accordingly. Election of members. SEC. 3. Be it further enacted, That said commissioners shall be exempt from road and jury duty during their term of office. Exemptions SEC. 4. Be it further enacted, That it shall require two of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree, or to make any contract, or purchase for the county. Quorum. SEC. 5. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction over the following subject matters, to-wit.: Jurisdiction 1. Governing and controlling all property of the county except that used in working the public roads, as they may deem expedient, according to law. 2. In levying a general tax for general, and a special tax for special county purposes, according to the provisions of the code and laws of Georgia. 3. In establishing, and abolishing all roads and ferries in conformity to law. 4. In establishing and changing election precincts and militia districts. 5. In examining and allowing all claims against the county. 6. In examining and auditing the accounts of all officers having the care and management, keeping, collecting and disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement. 7. In making such rules and regulations for the support of the poor of the county, and the promotion of the health of the county, as are authorized by law, or are not inconsistent therewith.

Page 246

8. In regulating peddling, and fixing cost of license therefor. SEC. 6. Be it further enacted, That said commissioners shall hold a session on the first Monday of each month, provided, nevertheless, that a majority of said board may convene the same in extraordinary session whenever, in their judgment, it may be necessary. Sessions. SEC. 7. Be it further enacted, That said board may elect one of the members thereof secretary and in the event no one of them is willing to serve in that capacity, a majority thereof may choose any other fit and proper person for that position, who shall keep a minute of the proceedings thereof, in a well-bound book, to be provided at the expense of the county, and shall receive for such service a salary of four hundred dollars per annum, to be paid by the county in equal monthly installments, and it shall be the duty of the sheriff of said county or his deputy, to attend all the meetings of said board, for which service he shall receive two dollars and fifty cents per day, to be paid by the county, and he shall also serve such papers as required of him by said board, for which he shall receive the same compensation allowed him by law for such services. Secretary of board. Salary. Sheriff's duty. SEC. 8. Be it further enacted, That each of said commissioners shall receive three dollars per day, for each day they sit for county purposes, to be paid out of the treasury of said county, and shall receive no other or further compensation, except that the member of said board who acts as secretary thereof shall receive the salary herein provided for, in addition to his regular per diem. Pay of board members. SEC. 9. Be it further enacted, That said board of commissioners, or a majority of them, shall have authority to approve all official bonds, formerly required by law of the justices of the inferior court, and sent them by the Governor, with the dedimuses; to qualify such officers, and deliver them their commissions; also to approve all constables' bonds in said county, and to administer oaths, in all cases. Authority as to bonds of officers.

Page 247

SEC. 10. Be it further enacted, That said board of county commissioners shall be a body corporate, and may sue and be sued, plead and be impleaded, in all matters within their jurisdiction as herein defined, but no judgment, order or decree of any court shall have effect against the individual property, or any member of said board, but shall constitute a charge against said county; and may have and use an official seal in the attestation of any transcript from its minutes, or other writings, when deemed necessary and proper. [Illegible Text] in corporated SEC. 11. Be it further enacted, That said board of county commissioners shall buy and furnish to the road superintendent of said county all necessary tools, machinery, bridges, or other material needed for the proper and economical working of the public roads of said county, stock and feed for the same, food and clothing for the convicts worked by him, coal, cooking utensils, and bedding for said convicts, and such other supplies that may be necessary and proper; and shall pay the salary of said superintendent of roads provided by law, and the salaries of the guards and other free laborers lawfully employed by him; and shall also annually levy a tax sufficient, under the law, as may be required to meet all of the aforesaid items. Supplies to road superintendent. SEC. 12. Be it further enacted, That the board of county commissioners shall be authorized to condemn land for the purpose of obtaining soil with which to construct public roads, where the same is necessary and essential to the proper construction of said public roads, the proceedings to be the same as now provided by law for the taking of private property for public use; provided, that said soil cannot be obtained at a reasonable price by contract. Condem nation of land. SEC. 13. Be it further enacted, That no recommendation of a grand jury shall be necessary to authorize said board to levy a tax in any case. Tax levy. SEC. 14. Be it further enacted, That each of said commissioners, before entering upon the discharge of his duties, shall be sworn by each other, and record thereof entered

Page 248

on the minutes to be kept by them, well and faithfully to discharge his duties as such. Oath of members. SEC. 15. Be it further enacted, That said board of county commissioners shall look after the collection of the taxes under the alternative road law, and when collected pay the same into the county treasury. Taxes. SEC. 16. Be it further enacted, That said board shall make a full and complete report to the grand jury twice a year, in March and September, and the same shall be published in the county papers for the information of the public. Said report shall give a detailed statement of all receipts and expenditures made by said board, during the six months preceding. Reports to grand jury. SEC. 17. Be it further enacted, That said commissioners shall not purchase any supplies for the use of the county from any firm, or corporation in which either of them are pecuniarily interested. Purchases forbidden. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. GWINNETT SUPERINTENDENT OF ROADS CREATED. No. 267. An Act to create the office of superintendent of public roads for the county of Gwinnett, State of Georgia, to define his duties and to prescribe his powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act,

Page 249

the office of superintendent of public roads for Gwinnett County, said State, be and the same is hereby created. Office created. SEC. 2. Be it further enacted, That William B. Hopson shall act as Superintendent of Public Roads of Gwinnett County until the first of January, 1918, or until his successor is chosen and qualified as hereinafter provided, unless sooner removed for cause. Superintendent named. SEC. 3. Be it further enacted by the authority aforesaid, That to be eligible to hold the office of superintendent of public roads in the county of Gwinnett the person must have had at least two years experience in road building and be a practical road builder as well as an expert in handling labor both free and convict. Eligibility. SEC. 4. Be it further enacted by authority aforesaid, That said superintendent of public roads shall hold his office for the term of four years, unless removed for cause as hereinafter provided, and that the regular term shall begin on the first day of January, 1917. Term of office SEC. 5. Be it further enacted by authority aforesaid, That said superintendent shall be selected by the county commissioners of said county and approved by the Prison Commission of the State and all vacancies, whether by death, resignation, or otherwise, shall be filled in the same manner. Selection and approval. SEC. 6. Be it further enacted by authority aforesaid, That said superintendent shall perform the duties of county warden as well as that of superintendent of public roads and for said services he shall receive a salary of fifteen hundred dollars per year to be paid out of the county treasury in monthly installments of one-twelfth of said salary. Duties of warden. Salary. SEC. 7. Be it further enacted, That said superintendent may be removed from office for failure, or neglect to properly perform the duties of said office, for incompetency or unfitness for the position, or any wilful and illegal misconduct on the part of said superintendent in connection with

Page 250

his official duties, by the board of county commissioners, said board first serving the said superintendent with a copy of the charges against him and giving him an opportunity to present his defense before the board. In case the decision is adverse to the superintendent he shall have a right to appeal to the judge of the superior court of said county, if said appeal is made within five days, who shall thoroughly investigate the charges against the said superintendent and the decision of said judge shall be final. Said cause may be tried by the judge at any time on five days notice to both sides. A superintendent may be appointed who is not a citizen of said county. Removal from office. Hearing. Appeal. Non-citizen appointee. SEC. 8. Be it further enacted, That before entering on the duties of his office such superintendent of public roads shall enter into a bond with good security for one thousand dollars, payable to the county commissioners of said county and their successors in office, approved by said commissioners for the faithful discharge of the duties of said office, and shall take and subscribe to the oath now required of county officers. Any solvent surety company may be accepted as surety on the bond herein provided for. Bond. Oath. SEC. 9. Be it further enacted, That said superintendent shall have exclusive jurisdiction over building, working and repairing the public roads of said county, building and repairing all bridges on said public roads, altering the routes of same for topographical reasons, where it may be necessary for the public interest and when necessary may call upon the county commissioners, who shall furnish a competent engineer for the purpose of locating and laying out said road bed. He shall have exclusive control of the convicts (where he is selected as warden) working the public roads in said county, employing all necessary guards for obtaining the best results from said camp of convicts, to have full control of any and all free labor that may be necessary to employ in the working of said public roads, but at no time shall the free labor and convict labor be worked together. He shall have exclusive control of all the stock, tools, machinery and implements of every description belonging

Page 251

to said county and used in the construction and repair of the public roads, also the right to make requisition on the county commissioners for such other machinery and tools as may from time to time be necessary for the economic construction and repair of the public roads of said county, for all food and supplies and stock necessary for the proper and efficient operation of the convict camp under him and the construction, maintenance and repair of the public roads and bridges of said county. He shall have control of the stockades belonging to said county and used for housing the convicts and stock and the county commissioners shall furnish upon his requisition all necessary fuel and supplies for the maintenance of said stockade in accordance with the laws of the State and rules of the prison commissioners. Jurisdiction of roads. Warden of convicts. Control of stock and supplies. SEC. 10. Be it further enacted, That said superintendent shall make a monthly report of the amount of his work on the public roads and the character of the work done to the county commissioners and shall make an annual report before the March term of court in each year, giving an invoice of all the property of the county under his control, and the value of each item therein. Reports. SEC. 11. Be it further enacted, That said superintendent of public roads shall devote his whole time to the discharge of the duties imposed upon him by the terms of this Act, and shall not engage in any other business requiring his personal attention or supervision, during his term of office as such superintendent, and the violation of this provision shall be good ground for removal from office. No other business. SEC. 12. Be it further enacted, That said superintendent shall have the right, whenever it becomes necessary or expedient to change a road bed, to secure for the county, from the owner of the land over which said change is contemplated, the right of way, if it can be obtained for a reasonable price, and if this cannot be done to report the same to the county commissioners, who shall proceed to condemn the same for the purpose of obtaining the right of way, as

Page 252

provided by law; and when for the purpose of soiling said public roads it is necessary to obtain soil from adjacent lands the said superintendent is authorized to contract for same if it can be obtained at a reasonable price, and in case it is necessary to condemn for the purpose of obtaining the soil, then and in that event to report the same to the county commissioners, who shall proceed to condemn same as the law provides; provided that before closing the contract for either the right of way or the top soil the superintendent shall submit the same to the county commissioners for their approval. Change of road bed Condemnation on contract. SEC. 13. Be it further enacted, That the superintendent shall employ only competent and efficient men as guards, and at no time shall he employ those related to himself or either of the county commissioners. Guards. 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 16, 1915. HARALSON BOARD OF COMMISSIONERS CREATED. No. 252. An Act to create a board of commissioners of roads and revenues in and for the county of Haralson, State of Georgia; to provide for the election of said board of commissioners until the next regular election for county officers; to provide for the election, qualification and compensation of said commissioners; to define their powers and duties; provide how vacancies shall be filled; to provide for a clerk of said board and to fix compensation therefor; to provide how the convicts shall be

Page 253

worked upon the public roads; the division of Haralson County into road districts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after January 1st, 1917, there shall be established in the county of Haralson a board of commissioners of roads and revenues to consist of three persons. Said commissioners shall be freeholders and qualified voters of said county and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. Board of three. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act, the said county of Haralson shall be divided into three parts, or road districts, to be constituted as follows: That the 1143rd (Buchanan) district, 1078th (Wild Cat) district, 1335th. (Felton) district, 1077th (Mountain View) district, and 1475th (Draketown) district shall form Road District No. 1; that the 653rd (Tallapoosa) district, 1225th (Buncombe) district, 1512th (Berea) district and 1574th (Stedman) district shall form Road District No. 2; and that 1251st (Bremen) district, 1426th (Waco) district, 813th (Seventh) district and 1585th (Corinth) district shall form Road District No. 3. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That the commissioners herein provided for shall be elected by the qualified voters of Haralson County, Georgia, in their respective districts numbers 1 and 2 and 3, at the next general election to be held for county officers for said county, and it shall be their duty as such commissioners to meet at the court house in said county on the first day of January, 1917, and qualify as provided in this Act. Election of commissioners. Duty to qualify. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioners shall be elected by the popular vote of the several road districts of the county of Haralson as are by this Act created, and shall qualify and

Page 254

enter upon the discharge of their duties as such commissioners on January 1st, 1917, and each successor so elected shall be a resident of the road district that his predecessor represented, on said board. The term of office of said successor elected as above provided for in Section Three of this Act shall be for four years, or until their successors are elected and qualified every four years thereafter. Elected by popular vote. Term of office. SEC. 5. Be it further enacted by the authority aforesaid, That the commissioners herein elected and their successors when elected, so provided for in this Act, shall be commissioned by the Governor of this State for the term of office for which they are elected, and before entering upon the discharge of their duties as such, shall subscribe to the oath before the ordinary of said county required by law for county officers, and shall give solvent bond to be approved by the ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of one thousand dollars each, conditioned for the faithful performance of their duties as such commissioners, which bond when approved by said ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Commissioned by Governor. Oath and bond. SEC. 6. Be it further enacted by the authority aforesaid, That as soon as said commissioners herein elected shall have qualified, given bond and received their commissions, they shall meet and organize by the election of one of their members as chairman of said board. Said board shall also, at the same time elect one of their number chairman pro tem. of their body. A reorganization of said board shall in like manner occur upon the qualification of all successors to said commissioners herein elected, and their successors or any part of the same, except in case of qualification of members to fill vacancies on said board occurring between regular elections hereinafter provided for. Organization and meetings. Chairman. Successors. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall have power to, and shall exercise original jurisdiction and control in Haralson

Page 255

County over all county matters that are now vested by law in the ordinaries of the various counties of Georgia, having no board of commissioners of roads and revenues, so far as relates to roads, bridges, public buildings, property, convicts, management of the convicts, management of the county jail, its fees, the control and maintenance of its paupers, assessing, levying and collecting taxes and debts due the county, disbursing public money for county purposes, and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against the county of Haralson, and to fix and audit the salary of their clerk. That said board of commissioners of roads and revenues shall have the same right, power and authority to issue process, summons, writs, order and subp[oelig]nas, and to punish for contempt of court as other courts of said county and State. Jurisdiction, powers, etc. SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall at their first meeting elect a clerk for a term of one year, who shall not be a member of said board, and whose duty it shall be to attend all meetings of the commissioners, and keep in a well bound book full and accurate records and minutes of all their transactions, to arrange and keep in order of their filing, all petitions, applications and other papers addressed to said commissioners and to record in a separate book all orders given or approved by said commissioners or their chairman for the payment of money by the county treasurer; all such books, files and records shall be provided at the expense of the county, and shall always be subject to inspection by any tax payer of the county. Said clerk shall perform such other duties as may be required of him by said commissioners, and shall at each term of the superior court of said county submit to the grand jury for their inspection the book of minutes and records of orders upon the county treasurer; said clerk shall be paid a monthly salary out of the county treasury, not to exceed twenty-five dollars per month. Before entering upon his duties, said clerk shall execute a bond with

Page 256

solvent security in the sum of one thousand ($1,000.00) dollars, conditioned for the faithful performance of his duties; said bond shall be approved by the chairman of said board of commissioners, and recorded upon the minutes of said board. Clerk, and his duties. Bond. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners at their first meeting in each year shall elect one of their members a chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign as chairman, each and every process, writ, summons, subp[oelig]na, or order. Chairman's duties. SEC. 9. Be it further enacted by the authority aforesaid, That the treasurer of said county shall not disburse or pay out any funds belonging to the county on any order, unless the same is signed by the chairman of said board, and the clerk thereof; provided, this shall not apply to jury scripts and orders drawn by the judge of the superior court. Payment of funds. SEC. 10. Be it further enacted by the authority aforesaid, That a majority of said commissioners shall constitute a quorum to transact business, or exercise any power herein delegated pertaining to the duties of said commissioners; provided, however, in contested or disputed matters a majority of the entire board shall control. Quorum. SEC. 11. Be it further enacted by the authority aforesaid, That vacancies in said board shall be filled at a special election to be held in the district wherein the vacancy occurs, called by the ordinary after fifteen days' notice thereof in the paper in which the advertisements of the sheriff of said county are published, to be held under the same laws and regulations as elections for members of the General Assembly, said election to be held only for the unexpired term; provided, however, that in cases where the unexpired term is less than one year, the board of commissioners shall fill the same by appointment. Vacancies, how filled.

Page 257

SEC. 12. Be it further enacted by the authority aforesaid, That said board of, commissioners shall meet at 9 o'clock A. M., on the first Tuesday in each month and on any other date that the chairman may call a meeting. Meetings, time of. SEC. 13. Be it further enacted by the authority aforesaid, That said commissioners shall each receive an annual salary of fifty dollars per year and the further sum of three dollars per day for each day's service rendered to the county, not exceeding twenty days in each year, all of said sums to be paid out of the county treasury of said county on an order drawn by order of the board and signed by the chairman and the clerk; said commissioners shall be exempt from road and jury duty, and shall be subject to removal from office for malpractice in the same manner as other county officers. Salaries. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of said board to make out and publish quarterly in the newspaper published in said county, submitting the lowest bid therefor, a true and full statement of the financial standing of the county, showing all expenditures and disbursements, with the name of the person to whom paid, for what purpose, and the amount paid. Publication of reports. SEC. 15. Be it enacted by the authority aforesaid, That all officials of the county of Haralson whose office supplies are required by law to be furnished at the expense of the county, shall file a written requisition with said board of commissioners stating such supplies are needed, and said board shall purchase the same and all other supplies needed by the county and its authorities upon competitive bids, awarding the contracts for furnishing the same to the lowest responsible bidders. Requisitions. Purchases on bids. SEC. 16. Be it further enacted by the authority aforesaid, That said commissioners shall order no bill or claim to be paid by the county treasurer unless the same shall be presented at a regular meeting; the clerk of said board

Page 258

shall keep a docket upon which all bills and claims shall be entered in the order of their filing in his office. Payment of claims. SEC. 17. Be it further enacted by the authority aforesaid, That said board of commissioners may employ a superintendent of roads, bridges and county property, at a salary not exceeding one hundred dollars per month, who shall devote his entire time to the superintendency of the road work, bridge work and preservation of the county property, and who shall hold his office at the pleasure of said board, and who shall not be related within the fourth degree of consanguinity or affinity to any member of said board. Superintendent of roads. 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 16, 1915. HARALSON TREASURER'S SALARY FIXED. No. 223. An Act to fix the salary of the Treasurer of Haralson County, in lieu of commissions as are now paid; to pay premiums on his bond from funds of the county treasury, 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 December 31st, 1916, and annually thereafter, the compensation of the Treasurer of Haralson County shall be three hundred ($300) dollars per annum, payable monthly from the county funds in the hands of the treasurer, which is to be full compensation, and in lieu of commissions as now received. Salary $300 a year. SEC. 2. Be it further enacted by the authority aforesaid, That the premium of the bond of said treasurer may

Page 259

be paid out of the funds of said county in the event of bond required by county authorities in a bonding company, said bond to be approved in the same manner as now provided by law. Premium on bonds. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. HART BOARD OF COMMISSIONERS; AMENDING ACT. No. 78. An Act to amend an Act entitled An Act to create the office 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 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, approved August 15, 1914, so as to authorize said board of finance to collect the commutation tax of those subject to road duty in said county of Hart and disburse the same without paying the same into the county treasury, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above recited Act creating the office of commissioner of roads and bridges, and a board of finance consisting of three members in and for Hart County, approved August 15, 1914, be, and the same is hereby amended by adding at the end of Section Eleven (11) of said Act, the

Page 260

following: That said board of finance shall collect said commutation tax and disburse the same without paying the same or any part thereof into the county treasury and that the treasurer of said county shall receive no commissions on the funds arising from said commutation tax, so that said Section Eleven (11) of said Act, when so amended, will read as follows: Act of 1914 amended. Be it further enacted by the authority aforesaid, That all persons resident of said county who are subject to road duty under the law 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 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. That said board of finance shall collect said commutation tax and disburse the same without paying the same, or any part thereof, into the county treasury, and that the treasurer of said county shall receive no commission on the funds arising from said commutation tax. Read as amended. Road duty. Commutation tax. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. HART TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 98. An Act to abolish the office of county treasurer in and for Hart County, and to provide for the handling of the county funds of said county, and for other purposes.

Page 261

SECTION 1. 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 County Treasurer of Hart County, be and the same is hereby abolished; provided, this Act shall not become effective until January 1, 1917, unless the present treasurer in and for said county shall die, or be removed for any cause, from said office, then this Act shall become effective upon such death or removal. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the board of finance of said county shall, after January 1, 1917, perform the duties heretofore performed by the county treasurer of said county and the laws now of force in this State which are applicable to the office of the county treasurer, shall thereafter be applicable to the said board of finance of said county, except when such law or laws conflict with the provisions of this Act. Board of [Illegible Text] SEC. 3. Be it further enacted by the authority aforesaid, That the said board of finance of said county, shall receive as compensation for their services the sum of $150.00 annually, for receiving and disbursing the county funds or performing other services which now devolve upon the county treasurer of said county, and said salary or compensation shall be paid out of the county funds of said county, and be equally divided among the members of said board. Should the said board of finance of said county fail or refuse to perform the duties set forth in Section 2 of this Act, then, and in that event, the ordinary of said county shall be authorized to appoint some person, resident of said county, to perform said duties, and the provisions of this Act shall become applicable to said person so appointed upon such refusal or failure by said board; provided the person so appointed be in no wise related to said ordinary. Compensation. Ordinary may appoint. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of finance shall make a good and sufficient bond, payable to the ordinary of said county, for the faithful discharge of their duties and the said ordinary

Page 262

shall fix the amount of said bond, which bond, in no event shall be less than double the amount of money coming into the hands of the county treasurer or board of finance during the previous year. Bond. SEC. 5. Be it further enacted by the authority aforesaid, That the said board of finance shall be required to keep a full and complete record of all receipts and disbursements paid into their hands during each year; further they shall be required to make a statement as to the financial condition of said county, which statement shall be properly sworn to by the chairman of said board, and the same shall be placed before the grand jury at each session of the superior court of said county, which grand jury shall approve or disapprove of the said sworn statement, and which statement shall thereafter be published in the county newspaper. Records, and statements to grand jury. SEC. 6. Be it further enacted by the authority aforesaid, That the said board of finance shall have the power to turn over the county funds of said county to any banking institution, located in said county, for depository purposes. Further, it shall be the duty of the chairman of said board to call a meeting of the members of said board at the county court house in said county, on the first day of January, 1917, and each year thereafter, for the purpose of receiving competitive bids from the banking institutions of said county, and it shall be their duty to award the county deposits to the bank guaranteeing the highest rate of interest on said deposits, and in case of no bids from said banking institutions, within the limits of said county, it shall be the duty of said board of finance to receive bids from any banking institutions within the limits of this State. Bank depository. Bids for deposits. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the retiring county treasurer of said county, to turn over all county funds to said board of finance at the expiration of his term of office; further, that he shall be required to make a report to said

Page 263

board of finance showing the receipts and disbursements of county funds; further, that he shall turn over all records and vouchers appertaining to said office as now required by law. Duty of retiring treasurer. 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 12, 1915. HEARD TREASURER'S OFFICE ABOLISHED, AND RECEIVER OF FUNDS PROVIDED. No. 57. An Act to abolish the office of County Treasurer of Heard County, Georgia, to authorize the board of commissioners of roads and revenues of said county to elect a suitable person to receive the funds of said county, to disburse the same as provided by law; to assess the bond and fix the compensation of such person, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the first day of January, 1917, the office of County Treasurer of Heard County, Georgia, be and the same is hereby abolished. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues of Heard County, Georgia, on the first day of January, 1917, be and it is hereby authorized to elect a suitable person to receive the funds of said Heard County, Georgia, to disburse the same as provided by law and make reports to said board of commissioners of roads and revenues and to the grand jury of said county. Said person so elected by

Page 264

the board of commissioners of roads and revenues shall serve for a term of four years and shall receive a salary not to exceed $25.00 per year. Person elected to receive and disburse. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That all money received for taxes due the county of Heard, or arising from any other source whatsoever, due the county of Heard, shall be paid to such person elected by the board of commissioners of roads and revenues who shall be under the rules and regulations to be prescribed by the board of commissioners of roads and revenues; provided that there shall be no charge or pay for collecting, receiving, holding, or disbursing said county money; said person elected by the board of commissioners of roads and revenues being required to give bond with good security, to be approved by the board of commissioners of roads and revenues, in a sum at least double the amount of county money for the previous year, for the faithful collecting, safe keeping and disbursing of the county money, and for the faithful discharge of all duties required of him, as required by law of the county treasurer, and payable and conditioned in like manner. County funds. No charge for collecting, etc. Bond. SEC. 4. Be it further enacted by the authority aforesaid, That all the laws which now apply to county treasurers in receiving and disbursing the funds of Heard County be and they are hereby made applicable to said person elected by the board of commissioners of roads and revenues of said Heard County, Georgia. Laws applicable. 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 9, 1915.

Page 265

HOUSTON BOARD OF COMMISSIONERS; REPEALING ACT. No. 162. An Act to repeal an Act entitled, An Act to create a board of commissioners of roads and revenues for the county of Houston, and for other purposes, approved February 28th, 1874, and all Acts amendatory thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, an Act entitled An Act to create a board of roads and revenues for the county of Houston, and for other purposes, approved February 28th, 1874, be and the same is hereby repealed. Act of 1874 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until December 31st, 1916. Effective 1917. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 14, 1915. HOUSTON BOARD OF COMMISSIONERS CREATED. No. 251. An Act to create a board of commissioners of roads and revenues for the county of Houston, State of Georgia; to provide for the appointment and qualification of the commissioners who shall constitute said board; to provide for the division of said county into road districts; to provide for the appointment of a superintendent of

Page 266

roads and bridges in and for said county, and to fix his salary; to provide for the appointment of a clerk of said board, and to fix his salary; to provide for the appointment of a purchasing agent for said county; to provide for filling vacancies on said board; to fix and define the powers and duties of said board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a board of roads and revenues for the county of Houston is hereby created. Said commissioners shall be qualified voters of said county, and shall have resided in said county for two years and in the district from which appointed one year next preceding his appointment. Said board of roads and revenues shall consist of three members, to be appointed as hereinafter provided. Said commissioners shall each be paid the sum of $100.00 per year as his salary as such commissioner, said sum to be paid out of the county treasury in monthly installments. Said salary shall be the only compensation received by said commissioners for their services. Board of three created. Qualifications. Salaries. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act, said county of Houston shall be divided into three road districts, as follows: Road District No. 1 shall be composed of all of land district no. 14, north of the Perry and Marshallville Road; all of land district no. 9; all of land district no. 6; all of land district no. 5, lying west of the Perry and Macon public road, and all of land district no. 10, lying west of the Perry and Macon public road, and north of Mossy Creek. Road District No. 2 shall be composed of all of land district No. 5, not included in Road District No. 1; all of land district no. 10, not included in Road District No. 1; all of land district no. 11; all of land district no. 12, lying north of Big Indian Creek; and all of land district no. 13, lying north of Flat Creek and Big Indian Creek. Road District No. 3 shall be composed of all of land district no. 14, not included in Road

Page 267

District No. 1; and all of land districts nos. 12 and 13, not included in Road District No. 3, being all of said districts 12 and 13, lying south of Flat Creek and Big Indian Creek. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That the term of office of said commissioners shall begin on the 1st day of January, 1917, after the passage of this Act, and that the term of office of said commissioners shall be two years. Term of office. SEC. 4. Be it further enacted by the authority aforesaid, That the members of the board of commissioners of roads and revenues shall be elected by the grand jury of Houston County at the October term of the Superior Court of Houston County for the year 1916, and each two years thereafter, in the following manner, to-wit.: Said grand jury shall elect one commissioner from each road district provided for in Section 2 of this Act, and said election shall be by a majority vote of said grand jury. Provided, that all vacancies by death, removal, resignation or otherwise, shall be filled by appointment by the judge of the superior court of said county, and such appointment shall be for the unexpired term of the commissioner causing such vacancy. Elected by grand jury. Vacancies, how filled. SEC. 5. Be it further enacted by the authority aforesaid, That the commissioners appointed as provided in this Act shall meet at the court house in said county of Houston on the first Tuesday in January, 1917, and shall from their number choose one as chairman, whose term of office shall be one year; and a chairman shall be elected by said board on the first Tuesday in January of each succeeding year thereafter. And said commissioners shall, on said first Tuesday in January, 1917 proceed to organize for the purpose of carrying into effect the provisions of this Act. Meeting and organization. SEC. 6. Be it further enacted by the authority aforesaid, That such commissioners shall elect a clerk for said board, whose duty it shall be to keep a well-bound book or books, in which he shall record all of the acts and doings of said board; said clerk shall perform such other duties as said board may require of him, and his term of office shall be

Page 268

for one year, said term of office expiring on the 1st Tuesday in January of each year. Said clerk shall, by virtue of his office, be the purchasing agent of said county, and it shall be his duty to purchase all equipment, material and supplies for said county, of such kind, and quality, and in such quantities as he is directed by said commissioners to purchase. He shall, wherever practicable, purchase all such equipment, material and supplies by competitive bids. Before entering upon the performance of his duties said clerk shall execute a good and solvent bond in the sum of two thousand dollars, payable to the chairman of said board of roads and revenues, and his successors in office, conditioned for the faithful discharge of the duties of his office. Said clerk shall be paid a salary to be fixed by said board of commissioners, said salary not to exceed $1,200.00 per annum. It shall be the duty of said clerk to publish in a newspaper in said county in which the sheriff's sales are advertised, once every quarter, a statement of all moneys expended during the preceding quarter, to whom paid, and the several purposes for which they were expended. Said statement shall be signed by said clerk and certified by the chairman of said board of commissioners. Clerk Duties Salary. Publication of statements. SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners shall meet regularly on the first Tuesday in each month at the court house of said county of Houston, and shall hold such call meetings as they may deem necessary. Meetings. SEC. 8. Be it further enacted by the authority aforesaid, That said board of commissioners shall, at their first meeting, or as soon thereafter as practicable, elect a superintendent of roads and bridges for said county of Houston, who shall have entire charge and supervision of the construction and maintenance of all roads and bridges of said county. He shall receive a salary to be fixed by said board of commissioners, said salary not to exceed fifteen hundred dollars per annum. Before entering upon the performance of his duties, said superintendent shall execute a good and solvent bond in the

Page 269

sum of one thousand dollars, payable to the chairman of said board of commissioners and his successors in office, conditioned for the faithful performance of the duties of his office. Said superintendent shall have supervision of the chaingang of said county and the working of same, and it shall be his duty to make requisition upon the clerk of said board of commissioners for the supplies needed for the maintenance of said chaingang for the succeeding month, said requisition to be in writing and to be filed with the clerk of said board on or before the first Tuesday of each month. Said superintendent shall receipt in writing said clerk for all material or supplies received by him. Superintendent of roads. Salary. Bond. Chaingang Supplies. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: In directing and controlling all of the property of said county, as they may deem expedient, according to law; in levying taxes, according to law; in establishing or abolishing roads and bridges, according to law; in abolishing or changing election precincts or militia districts; in supervising tax collectors' and tax receivers' books; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to, or appropriated for the use and benefit of said county, and bringing them to a settlement; in providing for the poor of the county, and for preserving and safe-guarding the health of the county; in regulating license fees as may be provided by law; in establishing and maintaining the county chaingang; in appointing and discharging all minor officers and employees of said county whose election is not otherwise provided for by law; in providing for a uniform system of collecting the commutation road tax, the amount to be paid, or the number of days' work on the roads of said county in lieu thereof; in levying and collecting the tax for roads, provided in Section 696 of the Code of Georgia for 1910; in fixing the time when the commutation tax shall be paid or the work in lieu thereof performed; in trying all road defaulters according to law; and generally to have and exercise all of

Page 270

the powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters. Jurisdiction of board. SEC. 10. Be it further enacted by the authority aforesaid, That the members of said board of commissioners, the clerk of said board, and the superintendent of roads and bridges, provided for in this Act, shall be exempt from jury duty during their term of office. Exemptions. SEC. 11. 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. Approved August 16, 1915. JASPER BOARD OF COMMISSIONERS' REPORTS. No. 241. An Act to amend an Act to create the board of commissioners of roads and revenues for the county of Jasper, and to prescribe and define the duties and powers of same, approved March 2, 1874, by inserting between the words submit, and a report, in the second line of Sec. 10, Paragraph 105, the words a monthly report or statement of their actions, expenses and disbursements of the county funds to a local newspaper, published in the county, and pay for same at the legal rate of publication, provided, that no statement shall exceed the cost of five dollars; and, so as to provide this information concerning public matters. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That Section 10 of the Act creating the board of

Page 271

commissioners of roads and revenues for the county of Jasper, approved March [Illegible Text] 2d, 1874, be and the same is hereby amended by inserting the words a monthly report or statement of their or his action, expenses and disbursements to a local newspaper published in said county, and pay for same at the legal rate for publication, provided that no statement shall exceed the cost of five dollars; and between the words submit and a report, in the second line of Section 10 of said Act, so that Section 10, when amended, will read as follows: Act of 1874 amended. SEC. 10. Be it further enacted, That said commissioners shall submit a monthly report or statement of their or his actions, expenses, and disbursements to a local newspaper, published in said county, and pay for same at the legal rate for publication, provided, that no statement shall exceed the cost of five dollars; and also, a record of their proceedings to each grand jury chosen for the county for their inspection. Monthly report to be published. Be it further enacted by the authority aforesaid, That all laws and parts of laws herewith conflicting are repealed. Approved August 16, 1915. JEFFERSON COMMISSIONER AND ROAD SUPERVISOR. No. 173. An Act to amend an Act approved December 13, 1871, as amended by an Act approved February 20, 1873, with reference to county commissioners of Jefferson County, so as to provide that there shall be only one commissioner of roads and revenues; for such commissioner to employ at a reasonable salary a competent road supervisor for said county, and for other purposes.

Page 272

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved December 13, 1871, as amended by an Act approved February 20, 1873, which two Acts provide for a board of commissioners of roads and revenues in and for the county of Jefferson, be and the same are hereby amended by providing that after the expiration of the terms of office of the present commissioners of roads and revenues, there shall be only one commissioner of roads and revenues in and for the county of Jefferson to be elected as the present board of roads and revenues are now elected; and to have the same authority, jurisdiction and power as are now conferred upon the board of roads and revenues, with the additional power hereinafter conferred. Acts of 1871 and 1873 amended. Board reduced to one member. SEC. 2. Be it further enacted by the authority aforesaid, That in addition to the power and authority now conferred upon the commissioners of roads and revenues in and for the said county of Jefferson that when the board shall be reduced to one man, as provided in Section 1 hereof, that said commissioner shall have full power and authority to employ, at a reasonable salary to be fixed by said commissioner, a competent person to act under the general supervision and direction of said commissioner, as a road supervisor for said county of Jefferson. Road supervisor. SEC. 3. Be it further enacted by the authority aforesaid, That such commissioner shall have power to prescribe an oath of office for said road supervisor, and shall also have power to prescribe a bond for such supervisor, conditioned as such commissioner may think proper; and said road supervisor shall, at all times, be amenable to, and under the direction and supervision of the Commissioner of Roads and Revenues of Jefferson County, and subject to be discharged with, or without cause, at the discretion of such commissioner of roads and revenues; and said supervisor shall perform such duties as shall be prescribed by such commissioner of roads and revenues. Oath of office. Bond. Discharge. Duties.

Page 273

SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. JEFFERSON TREASURER'S OFFICE ABOLISHED, AND RECEIVER OF FUNDS PROVIDED. No. 212. An Act to abolish the office of treasurer in and for the county of Jefferson; to provide a plan by which the funds of the county may be handled in lieu of a treasurer, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1917, the office of Treasurer of the County of Jefferson be and the same is hereby abolished. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the board of roads and revenues in and for the county of Jefferson is hereby empowered and authorized to contract with any person or banking corporation in said county of Jefferson, to handle the moneys of the county of Jefferson, and are hereby authorized to fix a compensation for such service and to require bonds in such amounts as may be necessary for the protection of the funds of the county; and may pass such rules and regulations as are necessary for the preservation of the funds of the county and for the prompt and proper payment of same. Power to contract as to handling of moneys. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 274

JENKINS TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 51. An Act to abolish the office of County Treasurer of Jenkins County; to provide for the disposition of the books, papers, records and other property and business of said office, and for other purposes; to provide for the handling of the county funds by the county commissioners, and for other purposes; and further to provide that this Act shall not go into effect until January 1st, 1917. SECTION 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 County Treasurer of Jenkins County be and the same is hereby abolished. Office abolished after 1916. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That all books, papers, records and other property and business of the said office of County Treasurer of Jenkins County shall be delivered to and disposed of by the county commissioners of said Jenkins County upon and after the termination of the present term of office of the County Treasurer of Jenkins County. Books and papers. SEC. 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the County Commissioners of Jenkins County shall, on their first regular meeting, in January of each and every year, or as soon thereafter as practicable, select some chartered bank or trust company located in Jenkins County, to act as a county depository for the purpose of handling and paying out, and otherwise disposing of all county funds and for the performance of the duties now performed by the County Treasurer of Jenkins County, as shall be required of them by said commissioners. Said bank or trust company shall be required to give bond in the sum of not less than twenty thousand dollars, and not

Page 275

more than forty thousand dollars, for the faithful performance of their duty, and where said bond is given in some regular bonding company, the premium thereon shall be paid by the county commissioners out of any county funds available therefor, but no other compensation shall be allowed. Such county depository shall be chosen annually, as herein provided, or more often, upon a failure or refusal to perform the duties of said position by anyone so chosen. All county warrants and disbursements shall be drawn on and paid by such county depository, instead of the county treasurer as is now done. If no chartered bank or trust company shall qualify and act hereunder then, and in that event, said county commissioners may select some individual person to perform all the duties now performed by the county treasurer, under such regulations and provide such compensation as they shall deem proper. Bank depository. Bond. Premium on bond. Chosen annually. Warrants Individual as depository. SEC. 4. This Act shall not become effective and operative until on and after January 1st, 1917. 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 9, 1915. LAURENS BOARD OF COMMISSIONERS. REPEAL OF ACT OF 1911. No. 260. An Act to 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.

Page 276

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, entitled An Act to 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 district; to define their powers and duties; to fix their compensation and for other purposes, approved August 17th, 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 608, 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. Repeal of Act of 1911. Proviso. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. LAURENS BOARD OF COMMISSIONERS CREATED. No. 256. (House Bill No. 608.) An Act to establish a board of three commissioners of roads and revenues in and for Laurens County; to provide the method of electing the members of said board; to prescribe their duties and powers, and fix their salary and terms of office; to name five commissioners to manage the affairs of said county under this Act until their successors are elected and qualified; to create the office of roads superintendent in and for said county; to provide the method of his appointment, and prescribe his qualifications, powers and duties; to provide a method

Page 277

of recall of said road superintendent; to fix his salary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Laurens County, be, and the same is hereby created and established. Said board shall consist of three citizens of said county, one of whom shall be elected from each of the three road districts of said county hereinafter specified. Any citizen of said county who is eligible to hold a county office shall be eligible to membership on said board, and any citizen qualified to vote in an election held for the election of county officers shall be qualified to vote in an election held to choose any one or all the members of said board. 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 Laurens is hereby divided into three road districts, as follows: District No. 1 shall be composed of the following militia districts, to-wit.: Dublin, Bailey, Burgamy, Dudley, Harvard's and Hampton's Mill; District No. 2, composed of the following militia districts, to-wit.: Reedy Springs, Cadwell, Burch, Lowery and Pinetuckey, and District No. 3, composed of the following militia districts, to wit.: Smith's, Oconee, Rockledge, Carter's, Jackson and Buck eye. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That C. T. Beacham, a citizen of said county and a resident of District No. 1, be and he is hereby appointed commissioner from said Road District No. 1. His term of office under this appointment shall begin upon the passage of this Act and so soon thereafter as said commissioner shall qualify under its provisions, and shall continue until January 1st, 1917, and until his successor is elected and qualified. That D. R. Coleman, a citizen of said county, and a resident of District No. 2, be and he is hereby appointed

Page 278

commissioner from said Road District No. 2. His term of office under this appointment to begin upon the passage of this Act and so soon thereafter as said commissioner shall qualify under its provisions, and shall continue until January 1st, 1917, and until his successor is elected and qualified. That J. J. Wynn, a citizen of said county and resident in District No. 3, be and he is hereby appointed commissioner from said Road District No. 3. His term of office to begin upon the passage of this Act, and so soon thereafter as said commissioner shall qualify under the provisions of this Act. Members of board named. SEC. 4. Be it further enacted by the authority aforesaid, That the successors to the members of said board named in the preceding section of this Act, shall be elected by the qualified voters of the entire county of [Illegible Text] 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 of 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, other than a special or called election, shall be held on the same date, and in conjunction, and under the same rules, with the general election for the selection of State and county officials on the first Tuesday in November, 1916, and every four years thereafter an election shall be held in the same manner for the purpose of electing members of said board. Election of members. SEC. 5. Be it further enacted by the authority aforesaid, That the members of said board shall each receive as his compensation the sum of three dollars per day for actual services rendered, provided, that no member shall receive more than nine dollars per month. Said members may, however, draw compensation for extra services rendered in making inspection of the roads and bridges of said county, not to exceed two days in any one month at the same rate as above set out, provided, that it shall be the duty of said board, when practicable, to make such inspection when necessary without such extra time and expense, and no expense

Page 279

for such extra services shall be allowed to any member of members of said board except by the unanimous vote of the entire board. Such compensation shall be paid out of the treasury of said county and out of the general fund available therefor. Said commissioners shall, at their first meeting, elect a chairman from their own number; they shall fix his term of office as such chairman, and said board shall prescribe his duties in such manner as shall not conflict with the provisions of this Act; provided, however, that said chairman shall at all times be entitled to a vote upon any question before said board of commissioners. Said commissioners shall give bond in the sum of three thousand dollars each in an approved surety company, said bond to be approved by the judge of the superior court of said county, and made payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of their duties as commissioners, which bonds shall be paid for out of the county treasury of said county, as any other legal demand against said county is paid. Before entering upon their duties as commissioners they shall each take and subscribe 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 [Illegible Text] upon me as Commissioner of Roads and Revenues of Laurens County, honestly, conscientiously and faithfully and that I will not accept or 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 treasury of said county, so help me God. The provisions of this section shall apply to the members of said board appointed in this Act as well as to their successors elected hereafter. Pay of members. Chairman. Bond. Oath. SEC. 6. Be it further enacted by the authority aforesaid, That said board of commissioners shall meet on the first Tuesday after their terms of office shall begin, and

Page 280

on the first Tuesday in each and every month thereafter. At which meetings said board shall transact such business as may come before it relating to county affairs, and such called meetings of said board may be held as the members thereof may deem necessary. All such meetings shall be held in the office of board of commissioners in the court house of said county. Meetings SEC. 7. Be it enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matter, in conformity with the laws of Georgia, and other provisions of this Act, to-wit.: In directing and controlling all property of the county as they may deem expedient, and as hereinafter provided; in levying taxes; in establishing, altering or abolishing roads, bridges and ferries; establishing, abolishing or changing election precincts, and militia districts; supervising the books of the tax collector and tax receiver, and allowing the insolvent list of said county; in settling all claims against said county; examining and auditing all claims and accounts of all officers having the care, management, keeping, collecting or disbursing of money belonging to said county or appropriated for its use or benefit, and in bringing them to settlement; in controlling and managing the convicts of said county, through the road superintendent, and his employees hereinafter provided for; in making rules and regulation for the support of the poor of said county, and for the appropriation of funds therefor; and for the promotion of health; and in the election and appointing of the road superintendent for said county, and all minor officials of said county where an election is not otherwise provided for by law, such as the janitor of the court house, superintendent of the poor house, the county physician and health officer of said county, and for the appointment of such guards and laborers as are not herein otherwise provided for; 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

Page 281

to their jurisdiction over county matters and county finances, that are not granted by the general laws of this State, and which are not in conflict with such general laws or the provisions of [Illegible Text] Act. Jurisdiction. SEC. 8. 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 business connected with said office. It is hereby expressly made the duty of said board to keep said records in such a manner as to show the financial condition of the county at all times. It shall also be the duty of said board to elect a suitable and competent clerk, who shall be the bookkeeper of said board, and who shall do such other clerical work as shall be necessary to carrying on the work of said office. Said board shall make it the duty of said clerk to attend all the meetings of said board and to keep a full, clear and complete 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, which book shall also show each fund for which taxes are assessed and collected separately and the daily balance remaining to the credit of each fund. Said board shall also cause to be kept by said clerk a book to be known as a property book which shall at all times show a complete inventory of all county property, including all road machinery, live stock, chaingang outfit and equipment, road working tools, and every other kind and class of property belonging to said county, together with its fair valuation. Said book shall also show the place where such property is located or stored and its custodian. Said property book shall be carefully revised once each year at the meeting of said board in October, and such revision shall show the loss, destruction, disposal or deterioration in the value of said property, and its condition and valuation at the time of such revision. Said book shall be subject to inspection at all times by the public, and shall be turned over to the grand jury of said county at the October term of Laurens Superior Court each

Page 282

year for its inspection. Said board shall also cause to be kept by said clerk in a record separate from all other financial affairs of the county, an accurate and itemized account of all expenditures applied to the working of convicts and for all supplies, and pay of guards furnished in behalf of chaingang of said county; he shall also be required to keep a separate book in which shall be kept accurate accounts with all overseers, of the county, for commutation tax collected by them or for tools furnished them. He shall keep an itemized statement of all accounts ordered paid by said board of commissioners, and shall show what fund is liable for the payment of each account. Said board shall also require said clerk to keep a book to be known as the Record of County Vouchers, in which shall be kept a complete record of all warrants or vouchers drawn on the 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 the record and the amount of the voucher or warrant; he shall certify on each warrant or voucher issued by said board of commissioners the date and fact of its record in said book of county vouchers, and said warrant or voucher shall not be a legal demand on the county treasurer until such certificate of record by said clerk appears thereon. Said clerk shall ascertain from the clerk of the superior court, and the clerk of the City Court of Dublin, and from such other officers of said county, authorized by law to draw warrants on the county treasurer, the amount of warrants drawn for court expenses, and for other purposes, each month, and the name of the person to whom drawn, and make a complete record thereof on said record of county vouchers, so that at all times said record shall show the exact financial standing of the county and county affairs. Said board shall cause said clerk to prepare and have published quarterly, as provided elsewhere in this Act, a statement of the receipts and disbursements of said county. Said clerk shall receive as compensation as salary not to exceed one hundred dollars per month, to be fixed by said board of commissioners. Said clerk shall occupy the office of said board of commissioners at the

Page 283

court house of said county, and shall keep the same open at least six hours per day, except Sunday and legal holidays, for the performance of his duties and for the accommodation of the public having business with said board of commissioners. Said clerk shall give bond in the sum of five thousand dollars in some approved surety company, for the faithful discharge of his duties, said bond to be made payable to 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. Minutes and records. Clerk and his duties. Inspection and revision of property book. Record of vouchers. Quarterly statements. Clerk's salary. Bond. Oath. SEC. 9. Be it further enacted by the authority aforesaid, That said board [Illegible Text] commissioners shall carefully go over and audit every account, bill, or other item of indebtedness which may be presented against said county from any source and to approve or disapprove the same, and it shall be necessary for each and all of the members of said board of commissioners to sign all checks, warrants or vouchers which may be necessary for the payment of all items of indebtedness against said county, and for all appropriations and purchases made and approved by said board, before the same shall become a legal demand upon the county treasury of said county, and the Treasurer of Laurens County shall not pay any warrant, check or voucher issued by said board unless the same shall have been signed by each of the members thereof, and recorded and certified by the clerk of said board as provided elsewhere in this Act. Provided, however, should any member be absent for providential or other good and sufficient cause, such fact shall be certified to by the other members of said board, and the reasons of his absence, and spread upon the minutes of said board and then and in that event such warrants shall be signed by the other members and countersigned by the ordinary of said county, in lieu of the signature of said absent members, but the ordinary shall receive no compensation for such signature on such warrant. Provided, further that in no event shall any number less than

Page 284

two members of said board constitute a quorum to transact the business of said county. Audit of accounts, etc. Checks, warrants, etc. Absence of member. Quorum. SEC. 10. 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 or removal from the district of any member elected from one of the road districts or from other cause, the ordinary of said county shall order an election to be held in all of the voting precinets of said county to fill such vacancy from the road district thus without representation or from the county at large as the case may be 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, which election shall be held as elections for county officers; said election shall be called within not more than sixty days from the time such vacancy occurred and the ordinary shall perform the duties of the office made vacant without compensation or remuneration, until such vacancy is filled as herein provided. Vacancy, how filled. 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 it shall be the duty of the said board of commissioners, and they are required to elect a superintendent of roads and bridges for said county; said superintendent shall be a man of good moral character, with experience in road building, and he shall be a practical civil engineer by trade. He shall receive such compensation as the board of commissioners may fix not to exceed the sum of twenty-four hundred dollars per annum. Said superintendent shall provide, out of his own salary the compensation for any assistant he may deem necessary in his work as civil engineer. Provided, he shall have the right to use convict labor whenever he may deem it necessary and when the interest of the county can be equally subserved in its use. Before entering upon the performance of his duties, he

Page 285

shall give bond in an approved security company in the sum of twenty-five thousand dollars, conditioned upon the honest and faithful discharge of his duties as such superintendent, which bond shall be made payable to said board of county commissioners and approved by the judge of the superior court of said county; he shall also take oath before the ordinary of said county that he will faithfully and honestly discharge all duties devolving upon and required of him as such superintendent under this Act or which may be prescribed by said board, not inconsistent with law, and the provisions of this Act. Superintendent of roads and bridges. Compensation. Bond. Oath SEC. 13. Be it further enacted by the authority aforesaid, That said superintendent of roads and bridges when elected and qualified shall be and he is hereby authorized and empowered to work, improve and repair and to have worked, improved and repaired all the public roads and bridges in said county, whenever the same shall not be let out by contract by said board of commissioners as provided for elsewhere in this Act. Authority. Said board of commissioners shall turn over to said superintendent the entire working, improving and repairing of all public roads and bridges in said county except such as shall be worked, improved and repaired by private contracts and shall at all times hold said superintendent to a strict accountability for a faithful performance of his duties as such superintendent. To this end said superintendent shall have the exclusive control and management of the chaingang which has already been organized in said county, or which may hereafter be organized by said superintendent, fogether with said board of commissioners, consisting of the misdemeanor convicts of the county of Laurens, and such other convicts of the said county and State, or any other county as may be apportioned to Laurens County or secured by said board of commissioners under the laws of this State, and those who do not pay the commutation tax as provided for elsewhere in this Act; provided, that those who do not pay the commutation tax and the convicts shall not be worked together. Road and bridge work. Chain gang

Page 286

Said superintendent shall have the power to employ the convict warden as provided by the laws of this State and guards necessary for the working and safe operation of the chaingang, at such salaries as may be fixed by said board of commissioners. He shall also have power and authority to discharge the warden of said chaingang and guards whenever the best interest of the county requires it, in the manner now provided by law. It shall be the duty of the said superintendent to lay off all work, including the proper grades of roads and superintend the building and construction work of all roads and bridges in said county. He shall have the entire development of the road and bridge system in said county under his control and management and the custody and control and care of road equipment, but he shall so distribute the work on and over the public roads of said county, that each district shall receive its proportionate share of the public benefits out of said road system and that no community shall be permitted to suffer neglect whenever the same can be reasonably avoided. Warden of convicts. Road and bridge work. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of said superintendent to survey all new roads proposed to be opened by said board of commissioners and submit to said board his estimate of the cost of laying out and opening of such road before the same shall be granted, and he shall also advise with said board as to the practicability of such proposed new road and the approximate benefits to the public compared with the expense of its construction. He shall at all times give to said board the benefit of his skill and knowledge as a civil engineer and in whatever other way that said board may request not in conflict with the law or the provisions of this Act. He shall also give his entire time to the duties of his office as superintendent of roads and bridges of said county. Said board shall provide said superintendent with a suitable conveyance to be used by him in superintending the public works of said county. New roads. Knowledge, skill and time to be given. SEC. 15. Be it further enacted by the authority aforesaid, That said superintendent shall be the purchasing

Page 287

agent of all the supplies necessary to run the convict camps from one of the monthly meetings of said board until the next succeeding meeting. Purchasing agent. He shall make requisition on said board at each of its monthly meetings for a sum to be appropriated by said board sufficient to pay the current expenses for supplies of every nature during the month next succeeding the meeting of said board, and he shall furnish with his requisition an estimated list of the articles he believes to be necessary for the support of the chaingang and his entire department during the month ensuing, and it shall be the duty of said board to examine such list and either approve or disapprove the same. If said board approves the estimates of such superintendent it shall draw a warrant on the county treasury for the amount necessary to run said department, during such month and turn the same over to such superintendent to be paid out by him as the same shall be necessary during the month. Requisitions and estimates. At the next succeeding meeting of said board it shall be the duty of said superintendent to furnish to said board of commissioners an itemized statement of each expenditure made by him out of the funds delivered to him at the preceding meeting of said board, and to furnish vouchers showing the correctness of such statement, and in the event of any balance remaining in his hands unexpended, the same shall be included in the amount appropriated to said department during the following month. Said requisitions, together with the itemized statements furnished by said superintendent showing his expenditures shall be filed together and preserved by said board as part of the records of said office. Statements of expenditures. SEC. 16. Be it further enacted by the authority aforesaid, That said superintendent of roads and bridges shall at all times be subject to removal from office by said board of commissioners for incompetency, waste or other misconduct when the best interest of the county requires his removal. The grand jury of said county may also prefer

Page 288

charges against said superintendent, to said board, and recommend to said board of commissioners the removal of such superintendent from office, giving clear and distinct reasons for such recommendations at the time of making the same. Removal from office. Whenever the grand jury shall make such recommendation it shall then be the duty of said board to make a thorough investigation into the truth of said charges and should it appear to said board after making such investigation that the reasons given by said grand jury are well founded and that the best interest of the county requires the removal of said superintendent, said board shall immediately remove such officer; but when the board shall retain said superintendent in office after such investigation then it shall be the duty of said board to publish its reasons for such action and make a written report of such investigations to the next grand jury sitting thereafter, which report shall then be incorporated in the general presentments of such grand jury. Grand jury recommendations. Provided, however, that no such investigation or report shall operate to relieve the said superintendent or his security from any obligation under his bond for any misconduct while in office. Obligation of bond. SEC. 17. Be it further enacted by the authority aforesaid, That said board of commissioners shall not contract with any member of said board for any supplies or any work to be done upon the roads and bridges of said county. Said board shall not hire or employ or contract with one related within the third degree of consanguinity or affinity to any member of said board of county supplies or work to be done upon the roads and 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 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. Contracts for supplies.

Page 289

SEC. 18. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the right to secure convicts from other counties under the legal provisions of the State or to dispose of the Laurens County convicts in conformity with 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, which free labor shall be under the control and management of the said superintendent, as to paying off, and subject to discharge by him whenever he shall see fit so to do. Convicts from other counties. Said board shall also have authority to let out by contract to the lowest bidder the working and repairing of any part of the public roads of said county, or the building and repairing of any public bridge, after a publication of a sufficient notice of said work by inserting said notice in at least four issues of the official organ of said county and such other newspaper as said board may deem necessary for the letting of said contract, in which advertisement, the time, place and a sufficient description of the work to be done shall be given as will put bidders on notice of the nature and kind of work that will 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 successful bidder shall be required to give bond in double the amount of his bid for faithful performance of his contract, which contract and bid shall always be filed in the office of the commissioners and become a part of the records of said office. Bids for road and bridge work. In all published advertisements for lowest bids, for contracts for work, said commissioners shall reserve the right to reject any and all bids made, when it should appear that the best interest of the county required such rejection. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be a misdemeanor for any member of

Page 290

said board of commissioners, their clerical assistant, any one serving under them, or any one employed or elected by them 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 the State of Georgia, 1910, and shall be removed from office or discharged from employment. Financial interest forbidden. Punishment. SEC. 20. 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 in said county, and shall be, and they are hereby required when summoned or notified to work on the public roads of said county for such length of time each year as may be fixed by said board of county commissioners, 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 time than ten days in any one year, or shall the commutation tax be fixed for a sum which will amount to more than fifty cents per diem for the number of days required to be worked. Road duty and commutation tax. SEC. 21. 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 officers appointed by said board to make such demand, or 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 not in conflict with the laws of said State or the provisions of this Act, 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 in the discretion of the said board, or be sentenced

Page 291

to work on the chaingang of said county not longer than thirty days. If said board, who is hereby given authority to try such defaulters above mentioned, should impose a fine upon the person convicted, it may be with the alternative of other punishment allowed by this section, in case the fine is not [Illegible Text]; and said board is hereby expressly empowered to try all road defaulters, to impose and enforce sentence provided for in this section, and said board shall hold court for the trial of such defaulters on the first Tuesday in each and every month in the court house in Dublin, Georgia; provided, that ten days' notice of the time and place of trial be given to such defaulters. Defaulters. SEC. 22. Be it further enacted by the authority aforesaid, That defaulters shall be summoned for trial or arrested by such officer as said board of commissioners may appoint, or by the sheriff of said county or his deputy, or by any lawful constable of said county. Trial. SEC. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of each and every person subject to road duty under the provisions of this Act to return his name to the clerk of said board of commissioners on or before the first day of April of each year, for the purpose of having his name listed as a commutation tax payer of said county, which list shall be made out by said clerk according to the districts of said county, showing the names, residence, age and color of such commutation tax payer, and said clerk shall make out separate lists of white and colored commutation tax payers for each district. Commutation tax payers. In default of any person to have his name returned and listed as aforesaid, such person shall be subject to double commutation taxation, as provided for in this Act, or be subject to work on the public roads of said county 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 tax on account of providential cause (and said board shall be the judge thereof), said

Page 292

person shall not be subject to double tax as aforesaid, nor to double service as provided by this section. Double tax on defaulters. SEC. 24. Be it further enacted by the authority aforesaid, That said board of commissioners shall cause to be published through its clerk in the official organ of said 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, so that any man of average experience can understand the financial condition of the county. Publication of monthly reports. SEC. 25. Be it further enacted, That it shall be the duty of said board of commissioners to have all the books and records of their office audited once each year, not later than the 20th of January, by a competent auditor to be selected by the ordinary of said county, who shall be paid such sum as shall be recommended by the grand jury sitting at the January term of the superior court of said county, each year, out of the county funds; and it shall be the duty of the ordinary of said county to select a competent auditor for such work. Audit of books, etc SEC. 26. Be it further enacted by the authority aforesaid, That this Act shall not become of force and effect until ratified by a majority of the votes cast by the qualified voters of Laurens County, at an election which is hereby called to be held on the third Wednesday in November, 1915, 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 necessary arrangements for holding of said election, and shall receive such pay as is provided by law for the holding of special elections. At said election the qualified voters under the registration of the year 1914 shall be

Page 293

qualified voters to vote at such election. At said election voters who wish to cast their ballots for the approval of this Act shall have written or printed thereon the words, For the bill creating the Board of Commissioners of Laurens County, and those who wish to cast ballots against the Act shall have written or printed on their ballots the words, 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. Election to ratify this Act. SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. LIBERTY TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 93. An Act to abolish the office of County Treasurer of Liberty County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, 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 1st day of January, 1916, the office of County Treasurer of Liberty County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office abolished after [Illegible Text] SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said

Page 294

county of Liberty shall, by a majority vote taken among themselves, select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Bank depository. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories, and disbursing agent or agents, shall receive no compensation for acting as such, but said commissioners shall, if possible, get such bank or banks to pay said county interest on daily balances for the privilege of acting as such depository and disbursing agent. No compensation. Interest on deposits. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said commissioners with securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment and in a sum which, in the judgment of said commissioners will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond, or to give a new bond at any time and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties of depository. 1. To pay, without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders.

Page 295

2. To take a receipt on each order when paid and carefully file it away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom and on what account, and all amounts paid out, stating when paid, to whom and on what account. 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of indebtedness as they are presented, and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request to render an account of its actings and doings as such depository and disbursing agent and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depository and disbursing agency or depositories and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect and the county treasurer of said county then in office shall, on the day this Act shall go into effect, deliver to such depository or depositories, as he may be directed by said commissioners without commission, all county funds then in his hands and he shall at the same time deliver to said commissioners all records, books, and papers that he may have pertaining to his office. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to

Page 296

make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depository or disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment the length of time during which such bank shall act as such depository and disbursing agent. Appointment and term. SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally just as county treasurers are liable for any non-feasance or malfeasance of duty, and said commissioners shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of non-feasance or malfeasance in the conduct of their offices. Liability civil and criminal. SEC. 11. 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, 1915. LOWNDES BOARD OF COMMISSIONERS. REPEAL AMENDING ACT OF 1906. No. 14. An Act to repeal an Act entitled An Act to amend an Act entitled `An Act to establish a Board of Commissioners of Roads and Revenues of the Counties of Habersham

Page 297

and Lowndes; to define their duties, and for other purposes,' approved Dec. 11, 1871, and found in the Acts of 1871 and 1872, page 227, as amended by the Act amendatory thereof, approved Aug. 20, 1872, and found in the Acts of 1872, on page 425, and as amended by the Act of 1890-91, found on page 928 of the Acts of 1890-91, Volume 2, so far as the said Act to be amended relates to Lowndes County, by increasing the number of commissioners from three to five, to specify the districts from which they shall be elected, and for other purposes, and to provide for three commissioners to be elected from any part of the county, as was provided by the Act of 1871, aforesaid. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to amend an Act entitled `An Act to establish a board of commissioners of roads and revenues for the counties of Habersham and Lowndes; to define their duties, and for other purposes,' approved Dec. 11, 1871, and found in the Act of 1871 and 1872, page 227, as amended by the Act amendatory thereof, approved Aug. 20, 1872, and found in the Acts of 1872, on page 425, and as amended by the Act of 1890-91, found on page 928 of the Act of 1890-91, Volume 2, so far as the said Act to be amended relates to Lowndes County, by increasing the number of commissioners from three to five, to specify the districts from which they shall be elected, and for other purposes, approved Aug. 18, 1906, and found in the Acts of 1906, pages 439 and 440, be and the same is hereby repealed. Act of 1906 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues of the County of Lowndes shall consist of three members to be elected from any part of the county, just as was the case prior to the aforesaid amendment of 1906, which amendment is by this Act repealed. Three members to be elected.

Page 298

SEC. 3. Be it further enacted by the authority aforesaid, That the powers of said board shall be the same as now and as provided by the original Act of 1871 and the Acts amendatory thereof, and as provided by the general laws of the State with reference to the general powers of county commissioners; provided, however, this Act shall not affect the present incumbents as to their authority or as to the term of office for which they were elected. Powers. Approved July 31, 1915. LUMPKIN TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 235. An Act to abolish the office of County Treasurer of Lumpkin County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the 1st day of January, 1917, the office of County Treasurer of Lumpkin County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the ordinary of said Lumpkin County shall select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Bank depository. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories, and disbursing agent, or agents, shall receive no compensation for acting as such, but said ordinary shall, if possible, get such bank or banks to pay

Page 299

said county for the privilege of acting as such depository and disbursing agent. No compensation. Interest. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said ordinary, with securities to be by him approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said ordinary, will be double the amount of county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said ordinary to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties of depository. 1. To pay, without delay, when in funds, all orders issued by said ordinary or by his authority, according to the dates of such orders. 2. To take a receipt on each order when paid and carefully file it away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book, in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes.

Page 300

5. To render reports to and to appear before said ordinary whenever notified, and to appear before any grand jury, on request, to render an account of its actings, and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said ordinary shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said ordinary shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect, and the county treasurer of said county, then in office, shall, on the day this Act shall go into effect, deliver to such depository or depositories as he may be directed by said ordinary, all county funds then in his hands, and he shall at the same time deliver to said ordinary all records, books and papers that he may have pertaining to his office. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said ordinary shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said ordinary shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said ordinary may determine in each case at the time of making the appointment, the length of time during which said bank shall act as such depository and disbursing agent. Appointment and term.

Page 301

SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally, just as county treasurers are liable, for any non-feasance or malfeasance of duty, and said ordinary shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. MERIWETHER TREASURER'S SALARY FIXED. No. 175. An Act to provide for the pay of the County Treasurer of Meriwether County, a salary of $480 per annum, payable monthly, in lieu of the compensation now paid such treasurer as commission, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the County Treasurer of Meriwether County shall be paid a salary of four hundred and eighty dollars per annum, beginning on the first day of January, 1916, and payable on the last day of each month, in monthly installments of forty dollars each. Said salary shall be paid to such treasurer by authority of the County Commissioners of Meriwether County, and it shall be paid out of the funds heretofore provided for the paying of commission to such treasurer; and any excess of such amount heretofore provided for the paying of the commissions for such treasurer shall remain and be a part of the

Page 302

county funds of said county, to be expended and used by the County Commissioners of Meriwether County as other county funds are now expended. Salary $480 a year. SEC. 2. Be it further enacted, That the County Treasurer of Meriwether County shall receive the usual commission now allowed by law, until the first day of January, 1916, after which date he shall not receive any commission as now provided by law, but in lieu thereof he shall receive for his services the compensation as fixed in Section 1 of this Act. No commission after 1915. 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 16, 1915. MILLER PRIMARY ELECTIONS REGULATED. No. 200. An Act to prescribe the manner of holding primary elections in Miller 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 authority of the same, That from and after the passage of this Act all primary elections held in Miller County for the nomination of all Federal, State, county and municipal officers, shall be held and conducted under, and according to the following stipulations, rules and regulations: For the purpose of holding all Federal, State and county primary elections in said county of Miller, the ordinary, county commissioners, or other authorities having charge of the financial affairs of the county, shall prepare in each voting precinct in the

Page 303

various districts of the county, suitable booths, to be prepared in sufficient numbers to reasonably accommodate the electors casting ballot in said precinct, and said booths shall be so arranged that electors cannot be observed by each other in preparing the ballots to be cast in said primary elections. Booths to prepare ballots. SEC. 2. All primary elections held in said county of Miller shall be held in a room sufficiently large to accommodate the manager 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, elsewhere provided for in this Act. Room of sufficiently large size. SEC. 3. It shall be the duty of whatever authority under which a primary election is to be held to furnish the managers thereof in each voting [Illegible Text] a sufficient number of ballots for the voters in said [Illegible Text] which ballot shall be entitled The Official Ballot, to be cast in said primary election, and no other ballot than the official ballot shall be allowed cast in such primary elections. Said ballot shall contain the names of all [Illegible Text] 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; and they shall be printed upon paper of such texture and thickness as to prevent the possibility of anyone, 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 voted for or against in said primary election. Official ballot prescribed. SEC. 4. 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 the voting booths provided in said precinct; and after entering into said precinct no voter shall be allowed to enter

Page 304

into conversations with anyone, or allowed to discuss any matter whatsoever with any other voter who may occupy the precinct at the same time. Upon entering the precinct the voter shall be provided with a copy of the official ballot, by the election managers, and the voter shall immediately repair to the booth, 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, the voter shall be furnished another one upon the surrender of the spoiled ballot, in such numbers as may be necessary, not to exceed three. All voters shall be allowed ten minutes each in which to prepare and cast their ballots, provided no other voters are waiting to enter the precinct, in which case only five minutes shall be allowed. Solicitation of votes, where forbidden. Conduct of voters. SEC. 5. That any voter who is unable, by reason of physical disability, illiteracy, or otherwise, to prepare his own ballot, shall have his ballot prepared by two of the election managers, according to the instructions of the voter, and without comment or solicitation by such managers; or such voter may be allowed to be accompanied into the precinct by his son, brother, or father, who may prepare his ballot according to his instructions. The managers may, if they deem it proper, require of any voter requiring such assistance to take oath as to such disability, and as to the relationship of the party he wishes to accompany him. Preparation of ballot for voter. SEC. 6. Any primary election managers assisting a voter in preparing his ballot shall keep the ballot of such voter in absolute confidence and secrecy; and all managers of such primary elections and each of their clerks and 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 impartiality to the interest of all candidates, and to preserve inviolate the secrecy of the manner of ballot, or for whom cast, by any voter, the knowledge of which may be obtained by them in holding such primary election. Secrecy. required. Fairness and impartiality.

Page 305

SEC. 7. 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. Use of whiskey or money. etc., for bidden. SEC. 8. 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 lawful constables of this State, and in addition thereto he shall be legally sworn to faithfully and efficiently perform the duties [Illegible Text] upon him. Bailiff SEC. 9. 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 any election manager, clerk, bailiff, or other assistant until six o'clock p. m., on the day on which said primary election is held. Information with held. SEC. 10. 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 authorities under whose jurisdiction said primary was held for an appeal from, or review of, the action and decision of the judges of the nomination in the counting of the ballot 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 the 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 the election show on their face ambiguity, error or fraud, mistake or miscalculations by the managers or judges of said election,

Page 306

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 authorities having jurisdiction of said primary election, to pay the reasonable cost of said appeal, recount, review and [Illegible Text] 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 purposes at some convenient place agreed upon for the purpose every day, including Saturdays, at least from nine o'clock, a. m., to five 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 the same shall award the cost of 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 vote recounted, the cost 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 cost shall be awarded against the petitioner, and his bond, if given as above provided. Whenever such appeal from the determination and action of the judges of the 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 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

Page 307

election, in conformity with the result of said recount and recanvass, and shall certify the same to the proper authorities, as said candidate's certificates of 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. Appeal from decision of judges of nomination. Review and recount. Result. SEC. 11. Violations of any 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. SEC. 12. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. MILTON TREASURER'S OFFICE ABOLISHED, AND RECEIVER OF COUNTY FUNDS PROVIDED. No. 202. An Act to abolish the office of County Treasurer of Milton County, Georgia; to authorize the ordinary of said county to appoint a suitable person to receive the funds of said county; to disburse the same as provided by law; to assess the bond and fix the compensation of such person, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1917, the office of County Treasurer of Milton County, Georgia, be and the same is hereby abolished. Office abolished after 1916 SEC. 2. Be it further enacted by the authority aforesaid, That the ordinary of said Milton County, Georgia, be and he is hereby authorized to appoint on the first day of January, 1917, a suitable person to receive the funds of said Milton County, Georgia, to disburse the same as provided

Page 308

by law, and make reports to the ordinary and to the grand jury of said county. Said person so appointed by the ordinary shall begin the performance of his duties on January the 1st, 1917, and shall serve for a term of four years, or until his successor shall have been appointed and qualified, and shall receive a salary not to exceed fifty ($50.) dollars per year. Person to be appointed by ordinary. Term of office and salary. SEC. 3. Be it further enacted by the authority aforesaid, That all money or funds received for taxes due the county of Milton, or fund arising from any other source, due said county, shall be paid to the person appointed as aforesaid by the ordinary of said county, who shall be under the rule and regulations to be prescribed by the ordinary; provided, that there shall be no charge or pay for collecting, receiving, holding or disbursing said county funds; and that said person appointed by the ordinary as aforesaid shall give bond to be approved by the ordinary in double the amount of the county funds handled during the previous year, for the faithful keeping and disbursing of the county funds, and for the faithful discharge of all the duties required of him as required by law governing the county treasurer, and payable and conditioned in like manner. County funds. SEC. 4. Be it further enacted by the authority aforesaid, That all the laws which now apply to the county treasurer in receiving and disbursing the funds of Milton County be, and they are hereby, made applicable to said person appointed as aforesaid by the ordinary. Laws applicable. SEC. 5. Be it further enacted by the authority aforesaid, That in the event of a vacancy from any cause whatever, it shall be the duty of the ordinary of said Milton County to appoint a suitable person to fill said vacancy and to serve out the unexpired term under all the laws, rules and regulations applicable to the regular appointee. Vacancy to be filled. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 309

MITCHELL COMMISSIONERS; AMENDING ACT. No. 248. An Act to amend an Act approved August 18, 1913, which Act was passed for the purpose of amending an Act approved August 13, 1907, and which said last Act was passed for the purpose of amending an Act approved February 20, 1873, so as to provide how the commissioners of said county of Mitchell shall be elected and to provide compensation for their services, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section Two (2) of the said amendatory Act approved August 18, 1913, be, and the same is hereby stricken, and the following be inserted in lieu of Section Two (2) and to become Section Two (2) of said Act, as follows, to-wit.: Section Two (2.) Said county is hereby divided into six districts as follows; The 1173 militia district shall compose one district; the 1194 militia district shall compose one district; the 1548 and 1603 militia districts shall compose one district; the 791 and 1699 militia districts shall compose one district; the 625 and [Illegible Text] militia districts shall compose one district, and the 1033 and 1299 militia districts shall compose one district, and there shall be elected one commissioner from each of said districts, making six commissioners in all for said county; said election for said commissioners shall be held at the regular time for both nominating and electing an ordinary for said county, and whose term of office shall be equal with the ordinary's of said county, and no person shall be eligible to vote for any commissioner in any primary or general election, except he be qualified to vote for the ordinary of said county in regular election for the nomination or election of ordinary; the county at large shall vote upon the commissioners from said districts in any election; the intention of this portion of this Act being to give the county at

Page 310

large a right to vote for commissioners from the several districts, and not to limit the vote for any candidate for commissioner to the respective district in which the candidate resides and for which district he is to be elected or nominated. Act of 1913 amended. Districts. Election of commissioners SEC. 2. Be it further enacted by the authority aforesaid, That said Act approved August 18, 1913, be amended by adding Section Five (5) to said Act as follows: That the Chairman of the Board of Commissioners of Road and Revenues of [Illegible Text] County shall reside within the 1173 militia district, as mentioned in Section One (1) of this Act, and that the said chairman shall receive as compensation for his services the sum of twelve ($12.00) dollars per month, payable monthly; and each of the other commissioners shall receive the sum of six ($6.00) dollars per month for their services, payable monthly. Compensation. SEC. 3. Be it further enacted by the authority aforesaid, That no Commissioner of Road and Revenues of Mitchell County, Georgia, shall receive any other salary or compensation for services as commissioners or for no discharge of any duty imposed by virtue of being a commissioner or by virtue or authority of any resolution by the board, except as above set out in preceding section and none of said commissioners shall be competent or eligible to hold any office elective by said board of commissioners, such as road superintendent, or warden, or clerk of said board, or any other office within the power of said commissioners, but all such offices shall be filled by persons other than commissioners. No other salary. No other office. SEC. 4. Be it further enacted by the authority aforesaid, That said Act approved August 18, 1913, be amended by adding Section Six (6) as follows, to-wit.: That it shall be the duty of the commissioners of roads and revenues to put all rural route roads in first class condition and to maintain said rural route roads in such condition. Rural route roads. SEC. 5. Be it further enacted by the authority aforesaid, That the commissioners provided for in this Act shall be

Page 311

elected at the next regular election held for the purpose of nominating or electing an ordinary, and shall take their offices at the expiration of the term of office of the present members of the board of commissioners of said county of Mitchell. Election of commissioners. 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 16, 1915. MITCHELL PRIMARY ELECTIONS; DATE FIXED. No. 242. An Act to cause a permanent date for county primary elections in the county of Mitchell; said date to be on same date as State primary. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all primary elections held in Mitchell County, for the nomination of county officers shall be held on the same date the State primary is held for the nomination of State house officers; and the county executive committee of said county shall have no authority to call such primaries for any time other than on the date such State primaries are held. All on date of State primary. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 312

MONTGOMERY BOARD OF COMMISSIONERS; AMENDING ACT. No. 134. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Montgomery, approved August 14th, 1914, increasing the number of commissioners and road districts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the first day of January, 1916, Section 1 of said original Act shall be hereby amended by striking the word three, in the 6th line, and adding the word five, so that said section, when amended, shall read as follows: Act of 1914 amended. 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 first day of January, 1916, there shall be a board of commissioners of roads and revenues for the county of Montgomery, consisting of five 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. To be read. Five members. SEC. 2. Be it further enacted by the authority aforesaid, That Section 2 be repealed, and in lieu thereof Section 3 of this bill be enacted. Sec. 2 repealed. SEC. 3. Be it further enacted by the authority aforesaid, That for the purposes of this Act said county of Montgomery shall be divided into five road districts as follows, to-wit.: District No. 1, to be composed of Long Pond Militia District; District No. 2, to be composed of Mount Vernon and Heckston Militia Districts; District No. 3, to be composed

Page 313

of Lothfair and Orland Militia Districts; District No. 4, to be composed of Soperton and Tiger Militia Districts; District No. 5, to be composed of Tarrytown and Kibbee Militia Districts; and that the following named commissioners shall be, and are, hereby appointed commissioners as follows: For District No. 1, C. C. McAlister, for a term of five years, from January 1st, 1916; for District No. 2, J. B. Brewton, for a term of four years, beginning January 1st, 1916; for District No. 3, Elijah Miller, for a term of one year, from January 1st, 1916; for District No. 4, K. L. Lowery, for a term of three years, from January 1st, 1916; for District No. 5, J. B. OConnor, for a term of two years, from January 1st, 1916, and that on and after the passage of this Act all commissioners after the terms here inafter stated shall be elected by a majority of the Grand Jury of Montgomery County at the regular November term of each year; one commissioner to serve for the term of five years, from the 1st day of January next preceding after said election, so that one commissioner will be elected each year, and each commissioner, when elected, shall hold office for the term of five years, and each one so elected must be a citizen of the district for which he is elected. Five road districts. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, Section 3, Section 4, Section 5, Section 8 and Section 25, of the original Act be, and the same are, hereby repealed, and in lieu of Section 8 of the original Act be it enacted that in case of a vacancy upon said board by death, removal from the 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 commissioner and from the road district without representation to fill said vacancy until the next November grand jury shall meet for said county, and his successor shall be elected by said grand jury for the unexpired term as above stated. Other sections repealed Vacancies in board. SEC. 5. Be it further enacted by the authority aforesaid, That Section 24 of said original Act is hereby amended by striking out all the dates and terms of the organization of

Page 314

the board, under the original Act, and in lieu of same the following section is hereby enacted: Sec. 24 amended. SEC. 6. Be it further enacted by the authority aforesaid, That the first meeting of the board of commissioners hereby created under this amended Act, shall be held at the court house of said Montgomery County, on the 1st Tuesday in January, 1916, at which time said board of commissioners shall organize, by electing one of their members chairman of said board, and by electing the 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 necessary, an attorney-at-law, to advise said board as hereinbefore provided by law. Said election shall be for the term of one year and until their successors are elected and qualified. Meeting and organization. SEC. 7. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 13, 1915. MONTGOMERY TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 263. An Act to abolish the office of county treasurer in and for Montgomery County, and to provide for the handling of the county funds of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the office of County Treasurer of Montgomery County be, and the same, is hereby abolished; provided, this Act shall not become effective until

Page 315

January 1, 1917, unless the present treasurer in and for said county shall die or be removed for any cause, from said office, then this Act shall become effective upon such death or removal. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said county shall after January 1, 1917, perform the duties heretofore performed by the county treasurer of said county, and the laws now of force in this State which are applicable to the office of county treasurer, shall thereafter be applicable to the said commissioners of roads and revenues of said county, except when such law or laws conflict with the provisions of this Act. Duties to be performed by commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That the said commissioners of road and revenue of said county shall receive as compensation for their services the sum of $100.00 annually, for the receiving and disbursing of the county funds, or performing other services which now devolve upon the county treasurer of said county, and said salary or compensation shall be paid out of the county funds of said county; and be equally divided among the members of said board. Should the said commissioners of road and revenue of said county fail or refuse to perform the duties set forth in Section 2 of this Act, then and in that event the grand jury of said county shall be authorized to appoint some person, resident of said county, to perform said duties, and the provisions of this Act shall become applicable to said person so appointed upon such refusal or failure by said commissioners of roads and revenue. Compensation. Other person may be appointed. SEC. 4. Be it further enacted by the authority aforesaid, That the said commissioners of roads and revenue shall make a good and sufficient bond, payable to the ordinary of said county, for the faithful discharge of their duties and the said ordinary shall fix the amount of said bond, which bond, in no event shall be less than double the

Page 316

amount of money coming into the hands of the county treasurer during the previous year. Bond. SEC. 5. Be it further enacted by the authority aforesaid, That the said commissioners of roads and revenue shall be required to keep a full and complete record of all monies paid into their hands, and of all disbursements made by them during each year; further, they shall be required to make a statement as to the financial condition of said county, which statement shall be properly sworn to by the chairman of said commissioners of roads and revenue, and the same shall be placed before the grand jury at each session of the superior court of said county, which grand jury shall approve or disapprove the said sworn statement, and which statement shall thereafter be published in the county newspaper. Records. Statements for grand jury. SEC. 6. Be it further enacted by the authority aforesaid, That the said commissioners of roads and revenues shall have the power to turn over the county funds of said county to said county to any banking institution located in said county for depository purposes. Further it shall be the duty of the commissioners of roads and revenue to call a meeting of the members of said body at the county court house in said county on the first day of January, 1917, and each year thereafter, for the purpose of receiving competitive bids from the banking institutions of said county and it shall be the duty of said commissioners of roads and revenue to award the county deposits to the bank guaranteeing the highest rate of interest on said deposits, and in case of no bids from said banking institutions within the limits of said county, it shall be the duty of said commissioners of roads and revenue to receive bids from any banking institutions within the limits of this State. Bank depository. Bids for deposits. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the retiring county treasurer of said county, to turn over all county funds to said commissioners of roads and revenue at the expiration of

Page 317

his term of office; further, that he shall be required to make a report to said commissioners of roads and revenues showing the receipts and disbursements of county funds; further, that he shall turn over all records and vouchers appertaining to said office as now required by law. Duty of retiring treasurer. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. MORGAN BOARD OF COMMISSIONERS; AMENDING ACT. No. 120. An Act to amend an Act approved February 11th, 1874, entitled An Act to create a board of county commissioners for the county of Morgan, so as to make the members of said board elective by the people and not by the grand jury as now required; to provide for the division of said county into five districts and the election of one commissioner from each of the said districts; to prescribe the terms of office of each commissioner; how vacancies shall be filled, and for 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 entitled An Act to create a board of commissioners for the county of Morgan, approved February 11th, 1874, be and the same is hereby amended by striking all of Section 1 of said Act, following the word elected in the third line of said section, and adding after said word the following: By the qualified voters of said county, so that said section when amended, will read as follows: Act of 1874 amended.

Page 318

SEC. 1. Be it enacted, That there shall be established in the county of Morgan, a board of five county commissioners, who shall be elected by the qualified voters of said county. To be read. SEC. 2. Be it further enacted by the authority aforesaid, That said Act of February 11th, 1874, be and the same is hereby further amended by adding a section thereto which shall be designated as Section 1-A, and which shall be and read as follows: SECTION 1-A. The county commissioners of said county shall, within thirty days after the passage of this Act, subdivide said county into five districts or divisions, the militia district wherein is located the city of Madison to constitute one of said five divisions, and the remaining militia districts of said county to be grouped into four divisions as nearly equal in population as practical; all of which divisions shall be numbered from one to five, inclusive. When said subdivision is made, said county commissioners shall publish the same, naming the militia district included in each division, once a week for four consecutive weeks in the newspaper in which sheriff's sales for said county are advertised. New section. Subdivisions of county. SEC. 3. Be it further enacted by the authority aforesaid, That said Act of February 11th, 1874, be and the same is further amended by adding another section thereto, which shall be designated as Section 1-B, and which shall be and read as follows: SECTION 1-B. One commissioner shall be elected from each of the divisions provided for in Section 1-A of this Act, at the next general election for county officers to be held in said county on Tuesday after the first Monday in November, 1916, and their terms of office shall begin on the first day of January, 1917. Two of the commissioners so elected to be selected by lot, among themselves, shall hold their offices for four years and the other three shall hold their offices for two years. On the expiration of the term of office of any such commissioners so elected as

Page 319

above provided for, their successors shall be elected for terms of four years and until their successors are elected and qualified. New section. Terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That said Act of February 11th, 1874, be and the [Illegible Text] is further amended by adding another and third section, which shall be designated as Section 1-C, and which shall be and read as follows: SECTION 1-C. All vacancies on said board of county commissioners, caused by death, resignation or otherwise, shall be filled by a special election to be called by the ordinary of said county within thirty days of the occurring of said vacancy, which special election shall be had in and be confined alone to the division in which the dead, resigning or otherwise retiring member of the board lived and from which he was elected. New [Illegible Text] [Illegible Text] SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. MURRAY TREASURER'S OFFICE ABOLISHED. No. 203. An Act to abolish the office of Treasurer of Murray County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the first day of January, 1917, the office of Treasurer of Murray County be and the same is hereby abolished. Office abolished after 1916

Page 320

SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 14, 1915. NEWTON TREASURER'S SALARY FIXED. No. 166. An Act to fix the salary of the Treasurer of Newton County, and to provide for the payment thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1917, unless a vacancy occurs by death or otherwise, the Treasurer of the County of Newton in said State shall be paid a salary of six hundred dollars per annum for his services as such treasurer, and he shall not receive any fees, commissions or other perquisites from his said office but the salary above provided shall be in full for all services rendered by him as such treasurer. Salary $600 a year. SEC. 2. Be it further enacted, That the salary above provided for to be paid, shall be paid monthly, by orders issued on the treasury for that purpose, by the county commissioners of said county. Payable monthly. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 14, 1915.

Page 321

OGLETHORPE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 228. An Act to abolish the office of County Treasurer of [Illegible Text] County; to provide for the designation of county depository or depositories for the funds of said county; to provide for the payment for county warrants and for the disbursement of the funds of the 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 office of the County Treasurer of Oglethorpe County be and the same is hereby abolished. Office abolished. 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 the County Commissioner, the Clerk of the Superior Court, and the Ordinary of Oglethorpe County, Georgia, shall form and constitute a board for the purpose of selecting and designating some one or more solvent chartered bank or banks in said county, to perform the duties and functions heretofore performed by the treasurer of said Oglethorpe County. Board [Illegible Text] designate depositories. SEC. 3. All books and papers, records and other property and business pertaining to the office of county treasurer of said Oglethorpe County, heretofore kept in said office shall be delivered to and disposed of by said board heretofore provided for in this Act. Books and papers. SEC. 4. Said board shall immediately after this Act becomes effective select some solvent chartered bank or banks in said county to act as depository or depositories as provided for in Section 2 of this Act. On the first day of January, 1917, or as soon thereafter as practicable, said board shall designate some one or more solvent chartered bank or banks in said county to act in said capacity, and

Page 322

once every two years thereafter, said board shall on said date, to-wit.: the first day of January, or as soon thereafter as practicable, make said designation of some one [Illegible Text] more solvent chartered bank or banks in Oglethorpe County, to act as depository or depositories, for the purpose of handling and paying out and otherwise dealing with and disposing of the funds of said county, and for the performance of all the duties heretofore performed by the treasurer of said county. Said bank or banks shall be required to give bond in a sum of not less than five thousand dollars, and not more than twenty-five thousand dollars, as may be required by said board heretofore provided for through an official order of said board to be entered on the minutes of said county commissioner. Where said bond is given in some regular bonding company, the premium shall be paid out of any county funds available therefor, but no other compensation shall be allowed said depository or depositories. Bank depositories. Bond. Premium. SEC. 5. Upon a refusal or a failure to perform the duties by any bank or banks which may be designated by said board, the said board shall at once, or as soon as practicable, designate some other bank or banks to act as depository or depositories for said county. If no bank qualifies under the terms of this Act, or after qualifying, fails to perform its duties, then said board shall designate some individuals in said county who shall serve under all the provisions of this Act. Selection of other depository. SEC. 6. This Act shall become operative as soon as passed and approved. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 323

PAULDING BOARD OF COMMISSIONERS CREATED. No. 183. An Act to create a board of commissioners of roads and revenues for the county of Paulding; to define their powers and duties and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the office of commissioners of roads and revenues for the county of Paulding shall be and is hereby created. Offices created. SEC. 2. Be it further enacted by the authority aforesaid, That from the qualified voters of said county, there shall be elected every four years three commissioners of roads and revenues for said county, whose term of office shall commence on the first day of January; 1917, and continue for four years and until their successors are elected and qualified. Three to be elected. Term of office. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioners shall be elected at the same time, manner and place as other county officers are elected, the first election taking place in the year 1916. Time of election SEC. 4. Be it further enacted by the authority aforesaid, That for the purpose of this Act the said county of Paulding shall be divided into three parts, or road districts, to be constituted as follows: That the first section or district be composed of the following militia districts, to-wit.: 1080, (Dallas), 1003, (Acorntree), 1596, (Roxana), 1081, (Twentieth), 832, (Burnt Hickory), 1554, (Raccoon), 1414, (Braswell); that the second section or district be composed of the following militia districts: 951, (Carnes), 942, (Wedington), 1381, (Hiram), 1281, (Umphres), 1043, (California); that the third section or district be composed of the following militia districts: 1207, (Utah), 1553, (Union), 1443, (Tallapoosa), 839, (Nineteenth), and 1087, (Pumpkinvine). Road districts.

Page 324

SEC. 5. Be it further enacted by the authority aforesaid, That the county as a whole shall vote for each commissioner; but the person receiving the greatest number of votes and living in District No. One shall be the commissioner of that district, although the second man in some other district should receive more votes, and the same thing shall apply to Nos. Two and Three. There must be one commissioner for each district. One commissioner for each district. SEC. 6. Be it further enacted by the authority aforesaid, That all vacancies which may occur by death, resignation, the moving of any commissioner from the district in which he was elected or any other way, shall be filled by the grand jury of said county, sitting next after such vacancy shall occur and hold good for the remainder of the term in which the appointment was made. Vacancies. SEC. 7. Be it further enacted, That a majority of said board shall constitute a quorum to transact business, but the concurrence of such majority shall be necessary to pass any order, judgment, resolution or to do any business whatsoever. Said board may, however, authorize the different commissioners to exercise certain authority over the roads and bridges of their respective district, during the recess of said board. Quorum. Authority. SEC. 8. Be it further enacted by the authority aforesaid, That each commissioner shall before the entering upon his duties give bond in the sum of $500.00, payable to the Governor of the State of Georgia and approved by the ordinary of said county, conditioned for the faithful discharge of the duties of his office, to account for all moneys that may come into his hands as such commissioner and shall take and subscribe the oath required of all civil officers. Bond. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners of roads and revenues shall have original and exclusive jurisdiction over all the subject matter mentioned and embraced in Section 4796 of the Civil Code of 1910; and over such other county matters as

Page 325

by law have been placed under the jurisdiction of ordinaries or other authorities having control of county matters; and over the levying and collection of road taxes, commutation taxes, and the working of the public roads, the building of bridges, and the appointment and employment of such persons as needful to the working of said roads and bridges. They shall have all power to enforce decorum and punish for contempt of court, now exercised by the several ordinaries of the State and may compel the attendance of witnesses by subp[oelig]na and attachment. It shall be the duty of any constable of the county to attend the meeting of said board when notified by them to do so and to serve any paper, notices or process issued by said commissioners. Jurisdiction. SEC. 10. Said commissioners shall hold their regular court on the first Tuesday in each month at the county court house, and may adjourn from day to day until their business is finished. That upon the request and notice given by the chairman of said board, a meeting may be had to attend to any urgent business. Sessions. SEC. 11. Be it further enacted by the authority aforesaid, That on the first Tuesday in each year, that said three commissioners shall elect one of their number to act as chairman of said board for the period of one year or such other time as they may elect, and prescribe his duties. Chairman. SEC. 12. Be it further enacted by the authority aforesaid, That said commissioners may elect a clerk of said board, whose duty it shall be to keep a record of the acts or doings of the said board at the court house of said county and who shall perform such other duties as may be assigned or required of him by said board. He shall receive such compensation as said board may fix. Said clerk may be a member of the board, the ordinary or any other person as deemed best by said board. Clerk. Compensation. SEC. 13. Be it further enacted by the authority aforesaid, That said commissioners shall elect one of their number or some other person to act as superintendent of all road work, fix his term of office and duties; pay him a salary

Page 326

not to exceed $1,000.00 per annum and less if deemed best by said commissioners. Said superintendent may be removed by said board of commissioners at any time they may see proper or think best for the county's welfare. And that he while acting as superintendent shall devote his entire time to his duties as road superintendent unless relieved by said board. Superintendent of road work. Salary. SEC. 14. Be it further enacted by the authority aforesaid, That said commissioners shall receive the sum of $3.00 per day, each, for the time they shall put in while attending to their duties as a board of commissioners, but that all work done by each commissioner while performing his duties in his home district shall first be submitted to and approved by the other two commissioners; and in no event is any commissioner to receive pay for more than one hundred days of service, in any one year. The pay of the commissioners, superintendent and clerk is to be paid out of the county treasury. Pay of commissioners. SEC. 15. Be it further enacted by the authority aforesaid, That all money or moneys paid out of the county treasury under this bill, must be done so under a warrant signed by the clerk and chairman of said board. Warrants. SEC. 16. Be it further enacted by the authority aforesaid, That said commissioners shall keep or have their clerk to keep such records of county matters as are now by law required to be kept by the ordinaries of said State, where they have jurisdiction of county matters, and to make such reports to the grand juries as such ordinaries having authority over county matters are required to make. That said records shall be open for the inspection of any citizen of the said county. Records and reports. SEC. 17. Be it further enacted by the authority aforesaid, That said commissioners shall be commissioned in the same way and manner as justices of the peace of said State. Commissioned by Governor. SEC. 18. Be it further enacted by the authority aforesaid, That in case of either one of the three commissioners

Page 327

be disqualified to act on any matter and the remaining two can't agree on said matter then the Ordinary of Paulding County shall act as the third commissioner. In the event two are disqualified on any one matter, then the ordinary shall act with the other one, and if they fail to agree, then the clerk of the superior court is to act as the third commissioner. Ordinary as commissioner. SEC. 19. Be it further enacted by the authority aforesaid, That in event said commissioners should elect one of their number to be superintendent, then he is not to receive any pay per diem, but is only to receive the salary as fixed by said commissioners. But he is to meet with and participate in all meetings of said board of commissioners; but should one of their number having first been elected superintendent, then in this event he shall have no vote in determining the amount he shall be paid for his services as superintendent. Superintendent. 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 16, 1915. PIERCE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 177. An Act to abolish the office of County Treasurer of Pierce County; to dispose of the money and other funds and property belonging to said office; to authorize the County Commissioners of Pierce County to select some bank in Pierce County to perform all the duties that have been performed by the said county treasurer, and for other purposes.

Page 328

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the office of County Treasurer of the County of Pierce is hereby abolished, said office to be abolished and this Act to go into effect on January first, 1917. Office abolished after 1916. SEC. 2. Be it further enacted, That the County Commissioners of the County of Pierce are hereby authorized and directed to select any bank in the county of Pierce to do and to perform all the duties and functions of the office of county treasurer of said county, and said bank thus selected shall do all of said work without any compensation or pay, either directly or indirectly. Bank depository. SEC. 3. Be it further enacted, That the bank thus selected shall give a good bond to the county commissioners of said county in the sum of twenty thousand dollars for the faithful performance of all its duties connected with the county business, and said bond shall be a trust company or a surety company bond and the charges for the same to be paid by the county. Bond. Premiums. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. PIKE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 122. An Act to abolish the office of Treasurer of Pike County and to authorize the board of commissioners of roads and revenues of said county to select some bank located in said county to take charge of the money belonging to said county upon such terms and conditions as may be agreed upon, and for other purposes.

Page 329

SECTION 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 County Treasurer of Pike County is hereby abolished, to become effective on the first day of January, 1917. Office abolished after 1916. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That the Board of Commissioners of Roads and Revenues of Pike County are hereby empowered and required to select some bank or banking institution in said county to act as a depository for said county, and to perform all of the duties heretofore performed by the county treasurer of said county, as provided in Sections 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586 and 587 of Volume 1 of the Code of Georgia, 1910, and to comply with all other laws in reference to county treasurer, which are not in conflict with this Act. That said board of commissioners of roads and revenues of said county of Pike shall, at their regular meeting in November, 1916, and bi-annually thereafter, select such depository as provided by this Act, notice of which shall be given by said board of commissioners to each bank or banking institution of said county, four weeks prior to such selection, requesting such banks or banking institutions to submit in writing to said board of commissioners upon what said bank or banking institution would be willing to act as such depository for the succeeding two years; and it shall be the duty of said board of commissioners, and they are hereby required, to select as depository for said county the bank or banking institution offering to accept the appointment as depository on the most advantageous terms to the best interest of the county. That at the first meeting of said board in November, 1916, and bi-annually thereafter, if no offer is made by any bank or banking institution of said county which is acceptable to said board of commissioners, then said board of commissioners may reject any or all of said bids or offers, and notify said bank or banking institution to submit new bids at such time as

Page 330

said board shall designate, at which time said board shall select a depository for said county as provided by this Act. Bank depository. Duties. Selection of depository. Bids. SEC. 3. Be it further enacted by the authority aforesaid, That the depository selected by said board of commissioners as provided in Section Two of this Act, before entering upon the discharge of its duties as such depository shall give bond with good and sufficient security, to be approved by the commissioners of roads and revenues of said county, in double the amount of the county taxes for the ensuing year, receipts from other sources, cash on hand, as may be required by said board of commissioners, which bond shall be made payable to the commissioners of roads and revenues of said county and their successors in office, and that said bond when so executed and filed and accepted by said board of commissioners, shall be entered upon the minutes of said board of commissioners and shall have all of the effect and force, and all of the laws applicable to county treasurers' bonds, shall be applicable to such bond as provided in Sections 572 and 573 of Volume 1 of the Code of Georgia, 1910, and all other laws applicable to treasurers' bonds, shall apply to such bond. Bond. SEC. 4. Be it further enacted by the authority aforesaid, That said depository shall be selected for a term of two years, beginning on the first day of January, 1917, and shall hold office until their successor or successors are selected as provided by this Act, and qualified. That said board of commissioners may for good and sufficient cause at any time remove said depository and select some other depository to fill the unexpired term and the bond of the appointee to fill the vacancy of said depository shall be likewise in the discretion of said commissioners, fixed at such amount as they may deem advisable, but in no event shall be less than double the amount of the taxes for the ensuing year, receipts from all other sources and cash on hand. Term of office. Removal and appointment to fill vacancy. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of said depository to turn over to the said board of commissioners all books, vouchers

Page 331

and all papers and all money belonging to said county to said board of commissioners at the end of each term, and the same shall become a part of the record in the office of said commissioners. And said commissioners shall have the same power and authority to issue execution against said depository, as is provided in Section 585 of the Code of Georgia, 1910, Volume 1. That the books of said depository shall at all times be open for the inspection of said county commissioners and the grand jury of said county, and that said depository shall from time to time make such report to the board of commissioners, showing the financial standing of said county as may be required by said board. And at the spring term of the superior court of said county said depository shall file with said commissioners to be laid before the grand jury of said county, a complete report showing all receipts and disbursements for the previous year, and all money on hand belonging to said county. Books, vouchers, etc. Execution. Inspection of books. Reports to grand jury. SEC. 6. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. POLK BOARD OF COMMISSIONERS; AMENDING ACT. No. 131. An Act to amend an Act to create a board of commissioners of roads and revenues in the county of Polk, and to prescribe its powers and duties, approved September 28th, 1881, and Section V thereof by authorizing and empowering the grand jury of said county to employ an accountant to examine and report on the books, vouchers, and accounts of said commissioners, and of any county officer or officers whose duty it is to manage

Page 332

or handle county funds or property, and to provide for the payment of the expense thereof; and also to provide for the publication of the proceedings of said board of commissioners showing statement of contracts made and receipts and disbursements, and to provide for the payment of the expense thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That Section V of an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Polk, and to prescribe its powers and duties, approved September 28th, 1881, be and the same is hereby amended by adding at the end of said Section V of said Act the following words: The grand jury of said county shall have the power to employ a competent accountant, residing within the county or elsewhere, to examine and report on the books, vouchers and accounts of said commissioners, and of any other county officer or officers whose duty it is under the law to manage or handle county funds or property. The grand jury may fix the compensation of said accountant and provide for a report to be made to said body or to any succeeding grand jury, and may provide for the publication of said report and compensation therefor. It shall be the duty of the judge of the superior court of said county to pass an order authorizing the payment of the expenses herein provided for, and it shall be the duty of the county treasurer to honor said order and to pay said expenses in accordance therewith. Said commissioners are also required to provide for the monthly publication of the proceedings of all meetings of said board showing statement of contracts made, and receipts and disbursements, in the newspaper in which sheriff's advertisements are published and to provide for the payment of the expense of said publication, so that said section of said Act shall read as follows when so amended: Act of 1881 amended. SECTION V. Be it further enacted, That said commissioners shall at least once in each year, prepare and submit

Page 333

to the grand jury a complete statement, in writing, of the condition of the county property, paupers and finances; and shall whenever called upon by the grand jury furnish full and distinct information concerning the public business of the county. The grand jury of said county shall have the power to employ a competent accountant, residing within the county or elsewhere, to examine and report on the books, vouchers and accounts of said commissioners, and of any county officer or officers whose duty it is under the law to manage or handle county funds or property. The grand jury may fix the compensation for said account ant and provide for a report to be made to said body or to any succeeding grand jury, and may provide for the publication of said report and compensation therefor. It shall be the duty of the judge of the superior court of said county to pass an order authorizing the payment of the expenses herein provided for, and it shall be the duty of the county treasurer to honor said order and to pay said expenses in accordance therewith. Said commissioners are also required to provide for the monthly publication of the proceedings of all meetings of said board showing statement of contracts made, and receipts and disbursements, in the newspaper in which sheriff's advertisements are published and to provide for the payment of the expense of said publication. To be read. Statement of county property, etc. Audit of books and accounts. Expenses. Publication of statements. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1915. POLK TREASURER'S COMPENSATION FIXED. No. 137. An Act to fix the compensation of the County Treasurer of Polk County, and for other purposes.

Page 334

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1917, the salary or compensation of the County Treasurer of Polk County, shall be three hundred dollars per annum; and said county treasurer shall receive no other or further compensation for his services as such. Salary $300 a year. SEC. 2. Be it further enacted, That if said county treasurer shall give a bond in a surety company to cover his acts and doings as such officer; that the premium on said bond shall be paid by the county of Polk, out of any funds of the county available for county purposes. Bond and premium. SEC. 3. Be it further enacted by the same authority, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. PULASKI BOARD OF COMMISSIONERS; AMENDING ACT. No. 240. An Act to amend an Act creating a board of commissioners of roads and revenues for the county of Pulaski, approved August 12, 1914, so as to repeal Section Three of said Act and Section Eight of said Act; to provide for the election of said commissioners by the people of said county; to fix the number of days the chaingang force shall work each year in each militia district; 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

Page 335

Section Three of the Act of 1914 creating a board of commissioners of roads and revenues for the county of Pulaski, approved August 12, 1914, is hereby repealed. Repeal of Sections 3 and 8 of Act of 1914. SEC. 2. Be it further enacted, That Section Eight of the Act referred to in Section One of this Act, is hereby repealed. SEC. 3. Be it further enacted, That this section is hereby created in lieu of Section Three of the Act referred to in Section One of this Act and shall read as follows: That the three commissioners provided for for said county shall, at all times, be elected by the popular vote of said county, and when thus elected, they shall serve for a term of three years, beginning on the first day of January after their election, and the first election for said commissioners shall be held on the first Monday in October, 1915, for the election of all three commissioners, and the commissioner elected for the first road district shall serve for the remainder of this year and one more year, and the commissioner elected for the second road district shall serve for the remainder of this year and two more years, and the commissioner elected for the third road district shall serve for the remainder of this year and three more years, and after this first election there shall be an election held in said county on the Tuesday after the first Monday in November in each year for the election of the commissioner whose term expires on the first day of January following. Election of commissioners. Terms. SEC. 4. Be it further enacted, That said board of commissioners as long as a chaingang is operated in said county, shall see to it that said chaingang shall work at least each year fifty days in the Hawkinsville Militia District, forty days in the DuPree District and the Mitchell District each, and thirty days in the Whitfield, Findleson, Blue Spring and Hartford Districts each year; and this section is enacted in lieu of Section Eight of the Act referred to in Section One of this Act. Chaingang work in specified districts. SEC. 5. Be it further enacted, That for the purpose of carrying into effect the provisions of this Act, the Ordinary

Page 336

of Pulaski County shall call an election to be held on the first Monday in October, 1915, under the same rules and regulations governing elections for members of the General Assembly, at which election all the qualified voters of said county shall be entitled to vote. Election. SEC. 6. In case of a vacancy in said board by death, resignation or otherwise, the ordinary shall appoint a freeholder from the district in which the vacancy occurs, to fill same, and such appointee shall hold the office until his successor shall be elected and qualified. Vacancy, how filled. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. PUTNAM TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 84. An Act to abolish the office of county treasurer for the county of Putnam; to provide for the creation of a depository for said county of Putnam; to provide the manner and authority by which said depository shall be designated and appointed from time to time; to provide for the receiving and disbursing of the public funds of said county of Putnam by said depository, 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 county treasurer for the county of Putnam be and the same is hereby abolished. Office abolished.

Page 337

SEC. 2. Be it further enacted by the authority aforesaid, That the board of commissioners of roads and revenue for the county of Putnam are hereby authorized and required to appoint some chartered bank of said county as depository of the county funds of said county in which the county funds of said county shall be deposited and through which they shall be disbursed in like manner as such funds are now deposited and disbursed through the office of county treasurer, and said depository shall have all the powers and perform all the duties heretofore performed by the county treasurer. Bank depository. SEC. 3. Be it further enacted by the authority aforesaid, That the said board of commissioners of roads and revenue of said county are hereby authorized and required to appoint a depository for said county at the first meeting of said board of commissioners held after the passage of this Act, or as soon thereafter as they shall find it practicable to do so, and the depository selected by said board of commissioners shall serve as the depository of said county until the first regular meeting of the board of commissioners of roads and revenue of said county in January, 1917, and until its successor is selected and qualified. At the first meeting of the board of commissioners of roads and revenue of said county in January, 1917, or as soon thereafter as they shall find it practicable to do so, said board of commissioners shall select a depository for said county to hold for the same period for which such board is elected and until a successor is selected and qualified, and from time to time each incoming board shall select a depository to hold for the same period for which such board is elected and until a successor is selected and qualified. Said board of commissioners may at any time revoke the appointment for cause, and shall have the power to fill vacancies. Term of service. Revocation of appointment. SEC. 4. Each depository so selected shall qualify by giving bond with good security in the amount required by law of county treasurers, to be approved by the board of commissioners of roads and revenue of said county. Bond.

Page 338

SEC. 5. Be it further enacted by the authority aforesaid, That said depository shall receive no compensation but the board of commissioners of roads and revenue are hereby authorized in their discretion to pay the premium on the bond required of said depository out of the commissions heretofore received by the county treasurer. No compensation. 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 11, 1915. RABUN TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 264. An Act to abolish the office of County Treasurer of Rabun County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the 1st day of January, 1917, the office of County Treasurer of Rabun County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the ordinary of said Rabun County select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Bank depositories. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories, and disbursing agent, or agents,

Page 339

shall receive $50.00 per annum compensation for acting as such. Compensation. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said ordinary, with securities to be by him approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said ordinary, will double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said ordinary to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties. 1. To pay without delay, when in funds, all orders issued by said ordinary or his authority, according to the dates of such orders. 2. To take a receipt on each order when paid and carefully file away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom, and on what account; and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book, in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented; and to record a copy of the order of the county authority levying county taxes. 5. To render reports to and to appear before said ordinary

Page 340

whenever notified, and to appear before any grand jury, on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. All the above mentioned books for keeping the records to be furnished by the ordinary. SEC. 6. Be it further enacted by the authority aforesaid, That said ordinary shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said ordinary shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect, and the county treasurer of said county then in office shall, on the day this Act shall go into effect, deliver to such depository or depositories as he may be directed by said ordinary, all county funds then in his hands, and he shall at the same time deliver to said ordinary all records, books and papers that he may have pertaining to his office. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said ordinary shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said ordinary shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said ordinary may determine in each case at the time of making the appointment, the length of time during which such bank shall act as such depository and disbursing agent. Term of service.

Page 341

SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally, just as county treasurers are liable, for any nonfeasance or malfeasance of duty, and said ordinary shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. ROCKDALE BOARD OF COMMISSIONERS; AMENDING ACT. No. 37. An Act to amend an Act to provide for a board of commissioners of roads and revenues for the county of Rockdale; to provide for their election; to prescribe their duties; to fix their compensation, and for other purposes, approved Dec. 18, 1902, by striking the word three from the first line of Section Nine (9) of said Act, and inserting in lieu thereof the word four. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act to provide for a Board of Commissioners of Roads and Revenues of the County of Rockdale; to provide for their election; prescribe their duties; to fix their compensation, and for other purposes, approved Dec. 18, 1902, be and the same is hereby amended by striking the word three, from the first line of Sec. 9 of said Act,

Page 342

and inserting in lieu thereof the word four; so that said section, when amended, shall read as follows: Be it further enacted, That in all matters four of said board of commissioners must agree, and said board of commissioners shall be exempt, during their term of office, from road, militia and jury duties. They shall submit, through their chairman, to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public building and paupers, with such suggestions in regard to county affairs as they may deem proper to make. The records of all the proceedings of the board shall be open at all times to inspection to any citizen of the county. Fifty dollars each per annum shall be the compensation for the services of said board of county commissioners. Act of [Illegible Text] amended. To be read. Duties and exemptions. Inspection of records. SEC. 2. Be it further enacted by the General Assembly of Georgia, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. ROCKDALE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 56. An Act to abolish the office of County Treasurer of Rockdale County; to provide for the appointment of some bank, banks or person to whom the funds of said county shall be turned over; to prescribe the duties of same; the manner of receiving and disbursing county funds; fixing the compensation therefor; making and approving bond of, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly and it is hereby enacted by authority of the

Page 343

same, That from and after the passage of this Act the office of county treasurer of said county of [Illegible Text] [Illegible Text] and the same is hereby abolished, as hereinafter provided. Office abolished. SEC. 2. Be it further enacted by authority aforesaid, That it shall be the duty of the board of commissioners of roads and revenues of said county, at its regular monthly meeting in November, 1916, or as soon as practical thereafter, and at the regular monthly meeting in said month every two years thereafter, appoint some bank, banks, or person to receive the county funds of said county and disburse the same as the law now requires the same to be done by county treasurers; provided, that said board shall designate such bank or banks or person as will, after competitive bids, comply with the provisions of this Act, and which shall make the best and lowest bid and, provided, fur ther, that said bids do not exceed the sum of two hundred ($200.00) dollars. Bank depositories. Bids. SEC. 3. Be it further enacted, That said bank or banks so appointed shall give bond in such sum as said board of county commissioners shall name in some indemnity company; same to be approved by the ordinary of the county, and the premiums thereon shall be paid out of the county funds of said county provided said bank or banks shall receive no commissions or other compensation, except as provided in Section 2 and except as hereinafter provided for. Bond. No compensation. SEC. 4. Said bank or banks shall keep on file all vouchers for sums disbursed, subject to inspection by the grand jury of said county and the said board of commissioners, and shall make a report showing all [Illegible Text] and [Illegible Text] of county funds to the grand juries of said county at the April and October terms of the superior court of said county each year, and shall receive for each report the sum of five ($5.00) dollars. Inspection of vouchers. Reports to [Illegible Text] [Illegible Text] SEC. 5. Be it further enacted, That, provided said board of county commissioners should fail to get some bank or banks in said county to receive and disburse the funds of

Page 344

said county in accordance with the provisions of this Act, it shall be its duty to appoint some fit and proper person, a resident of said county, to receive and disburse same, and whose duties shall be the same as now required of county treasurers and the provisions of this Act. Said person so appointed shall give bond in compliance with the provisions of Section 3 of this Act, and shall receive as compensation for his services such salary as shall be fixed by said board; provided, same shall not exceed the sum of two hundred ($200.00) dollars per annum, to be paid out of the funds of said county. Other [Illegible Text] Bond and salary. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the present county treasurer of said county, and the bank, or banks, or persons that may hereafter be appointed under the provisions of this Act, having been notified ten (10) days in writing by the said board of county commissioners of the appointment of a successor, to turn over to such successor all county funds, books, receipts, etc., pertaining to said office, on the 31st day of December of each year after having received said notice of the appointment of such successor; and such treasurer, bank or banks, or persons, as soon as said books, vouchers, receipts, [Illegible Text] are turned over, shall make and file a report with said board of commissioners, showing the receipts and disbursements of all county funds since the last report to the grand jury of said county; for which he shall receive the sum of ($5.00) dollars, to be paid out of the funds of said county. Treasurer's duty. Report. SEC. 7. Be it further enacted, That all the books, vouchers, receipts, etc., necessary for the proper records of said office be purchased by the said board of county commissioners of said county. Purchase of books, etc. 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 9, 1915.

Page 345

SCREVEN BOARD OF COMMISSIONERS CREATED. No. 156. An Act to amend an Act entitled An Act to create the office of County Commissioner of Screven County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to create the office of County Commissioner of Screven County, approved August 19th, 1912, pages 456-457, inclusive, be and the same is hereby amended by striking the entire Section 2 of said Act, and substituting in lieu thereof the following: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established a Board of Commissioners of Roads and Revenues of the County of Screven, consisting of five (5) members and the said county of Screven shall be divided into five commissioner districts, to-wit.: The 37th, 38th, 260th, and 1286th Districts G. M., of Screven County, shall constitute one, and be known as Commissioner District No. 1; the 80th and 1653rd District G. M., of Screven County, shall constitute one, and be known as Commissioner District No. 2; the 259th and 35th Districts G. M., of Screven County, shall constitute one, and be known as Commissioner District No. 3; the 1676th and 36th Districts G. M., Screven County, shall constitute one, and be known as Commissioner District No. 4; the 34th District G. M., of Screven County, shall constitute one, and be known as Commissioner District No. 5. Act of [Illegible Text] amended. Five members and [Illegible Text] SEC. 2. Be it further enacted by the authority aforesaid, That at the general election to be held for county officers on Tuesday after the first Monday in November, 1916, there shall be elected by all the qualified voters of Screven County, Georgia, one commissioner of roads and revenues from each of the above named five (5) commissioner districts,

Page 346

who shall compose the board of commissioners of roads and revenues for said county; and no person shall be eligible for election as such commissioner unless he is a bona fide resident of said commissioner district from which he is elected. Election. SEC. 3. Be it further enacted by the authority aforesaid, That the ballot to be used at said election shall have written or printed thereon the name of the candidate, and the commissioner district from which he offers for election, and at such election the person offering for election in each of said commissioner districts who shall receive the highest number of votes in the entire county shall be declared elected. Ballot SEC. 4. Be it further enacted by the authority aforesaid, That the commissioners so elected shall be commissioned by the Governor of the State of Georgia, and their term of office shall begin on the first day of January next succeeding their election. Commissioned by Governor. SEC. 5. Be it further enacted by the authority aforesaid, That Section Three of said Act, approved August 19, 1912, be amended as follows, to-wit.: By striking the word his, in the first line of Section one, and inserting in lieu thereof the word their; by striking the word commissioner, and the word his, in the second line thereof, and inserting in lieu thereof the word commissioners, and the word they; by striking the word his, in the fourth line thereof and inserting in lieu thereof the word their; by striking the words five thousand dollars, and the figures ($5,000.) in lines seven and eight of said section, and inserting in lieu thereof the words one thousand dollars, and the figures ($1,000); by striking the word his, in the 8th line of said section and inserting in lieu thereof the word their; by striking the word commissioner in line 10 of said section and inserting in lieu thereof the word commissioners, and adding the word each; by striking the words one hundred ($100) dollars per month in lines 10 and 12 of said section, and inserting in lieu thereof the words and figures two hundred ($200) dollars per annum, and adding the word quarterly; so that said

Page 347

Section Three of said original Act, when so amended, shall read as follows: Section 3. Before entering upon the discharge their duties as said commissioners, they shall take oath before the ordinary of said county to faithfully, equitably, justly and impartially discharge all the duties of their office, and in addition shall give bond before the ordinary and his successors in office for the use of the county, in the sum of one thousand ($1,000) dollars each, conditioned to respond in damages for any failure on their part to perform their duties whereby on account of said failure the county might be endangered or any part of said county. Said commissioners shall each receive a salary of two hundred ($200) dollars per annum, to be paid quarterly by them out of the general funds. Act of 1912 amended. To be read. Oath and bond. Salary. SEC. 6. Be it further enacted by the authority aforesaid, That Section four of said original Act approved August 19, 1912, be and the same is hereby stricken in toto, and the following inserted in lieu thereof: Be it enacted, That said board of commissioners at their first meeting in January, 1917, shall elect one of their number as chairman of said board, for a term of four years, unless removed by a majority vote of said commissioners. He shall preside at all meetings of the board when he is present, shall be the executive officer of said board and shall sign as chairman thereof, all contracts and county warrants which shall also be countersigned by the clerk of said board. He shall, when it is deemed necessary by himself, or by any member of said board upon notice to him, call a special meeting of said board, and shall through the clerk of said board give to the other members thereof at least one day's notice of said meeting. Said board of commissioners shall also, at the same time and place, elect one of their number as vice-chairman, who shall, in the absence of the chairman, preside over the meeting of said board and discharge all duties required of said chairman. Further amendment. Chairman. Vice-chairman. SEC. 7. Be it further enacted by authority aforesaid, That at the first meeting of said board in January, 1917, said board of commissioners shall elect a clerk of said board

Page 348

who shall also be elected for a term of four years, unless sooner removed therefrom by a majority vote of said board for neglect of duty, incompetency, or other causes, who shall, before entering upon his duties, take an oath before the ordinary of said county, which shall be duly filed and recorded by the ordinary of said county, to faithfully perform all the duties required of him, as clerk of said board, and to account for all money or moneys received by him as such clerk. It shall be the duty of said clerk, to attend all meetings of said board, to file and record in the office of the county commissioners of said county, all records and other things necessary to be filed and recorded in said county and preserve the same. To countersign, officially, all warrants, orders, and contracts and to keep a complete and accurate minute of said board, including all assessments of taxes. He shall also keep a separate and detailed account in a well-bound book of all orders drawn on the county treasury. He shall keep a cash book which shall show all cash received by him, and from what sources, also the amounts paid over by him, and to whom paid, for what paid and by what authority; and all such other books as may be necessary in connection with said office; and he shall perform any and all other duties required of him by said commissioners. It shall be his duty by and with the assistance of the commissioners to make up in a well-bound book, alphabetically arranged, the name of all road hands or parties liable to road duties in said county. It shall be his duty to collect all commutation or road taxes. He shall promptly open the books for the payment of road taxes on the first day of October of each and every year, which shall be kept open, at the commissioners' office of said county, until the first day of December, when same shall be closed. He shall make at least two trips in each of said commissioner districts during said time, to such places as the commissioner of said district may designate, for the convenience of the road tax payer for the collection of road taxes. Immediately upon the closing of said books for the payment of road taxes, it shall be the duty of said clerk on the 4th Tuesday in December to have prepared a list of all road tax defaulters,

Page 349

and submit same to said board of commissioners at their regular December meeting to be dealt with as the law directs, and for the faithful performance of the duties aforesaid, as well as for the accounting for any funds to be received or paid out by him. He shall give a bond payable to the commissioners of said county, for the use of said county in a sum of not less than five thousand dollars, which shall be approved by said commissioners and duly filed and recorded in the office of the ordinary of said county. His salary for said services so performed shall be fifty dollars per month and paid monthly by the said board of commissioners out of the general funds, and he shall be entitled to no other fee or remuneration whatever. Clerk and his duties. Bond. Salary. SEC. 8. Be it further enacted by the authority aforesaid, that said commissioners shall be authorized to employ a supervisor of roads for said county, whose duty it shall be to look after all the roads, bridges, and causeways of said county, to keep same in general repair, which said supervisor shall receive a salary of not less than seventy-five dollars per month, nor more than one hundred dollars per month to be paid out of the general funds of said county, who shall be under the general supervision of the board of county commissioners. It shall be his duty to have general supervision of the chaingang and the repair gang in said county and is hereby charged with the responsibility of keeping all roads, bridges and causeways in said county in repair. He shall make all estimates, as well as specifications, for bridge work, road building, and all other duties appertaining to him as supervisor of said roads. He shall give a bond in a sum of at least two thousand ($2,000.00) dollars, conditioned for the faithful performance of his duties, as aforesaid, as well as all other duties required of him by said commissioners, to be approved by said commissioners, filed and recorded, and kept in their office. Provided, however, that the provisions of this section shall not be binding upon said commissioners as to the employment of said road supervisor, but if they should deem it necessary, they are hereby clothed with authority to employ said supervisor, as aforesaid. Supervisor of roads. Salary. Duty. Bond.

Page 350

SEC. 9. Be it further enacted by the authority aforesaid, That the following shall be and the same is, hereby stricken from the Act approved August 19, 1912, as follows: He shall also have authority, should it become necessary, in the straightening and preparing proper grades, to employ a competent engineer, and to pay him such salary as may be agreed upon by the commissioner and the engineer. The commissioner shall give all of his time and attention to the administration of the county affairs. Be it further enacted that wherever in said Section 5 the word Commissioner, is used, the word he, the word his, the word Commissioners, they or their, shall be used, so that said Section 5 of said original Act, when amended, shall read as follows: Be it further enacted, That it shall be the duties of the commissioners of said county to provide, keep and maintain what is known as a general repair gang, composed of not more than twenty (20) nor less than eight (8) laborers, as may be necessary, and they shall have the authority to select and appoint an overseer, at a salary of not more than sixty ($60.00) dollars per month, whose duty it shall be to look after the general repair work, and to make such repair work on the roads, bridges and causeways of said county which may be in need of repair on account of excessive rains, storms or any other reason. They shall have authority in the event of certain emergencies, brought on by disastrous storms, to employ two additional overseers, who can be used in repair or other work upon the roads and bridges. For the time that they are actually employed, they shall receive a salary of not more than fifty ($50.00) dollars per month, and as much less as their services can be secured for. As soon as the emergency passes, and the work is done, their services shall be dispensed with, and their salaries cease. They shall aid in any way they can in the economic management of court expenses, jail fees, and the economic administration of the chaingang, and see that all employees faithfully perform their duties in an energetic and business-like manner; and upon any failure by them so to do, they shall discharge them immediately. Further amendment. Repair gang. Overseer; his duty and salary. Additional overseers. Economic management. SEC. 10. Be it further enacted by the authority aforesaid,

Page 351

That Section 6 of said Act approved August 19, 1912, be and the same is hereby stricken in toto; and in lien thereof the following inserted: That the chaingang used in making and maintaining, and working the roads of said county, shall be so used by the commissioners of said county, and their work so distributed that said chaingang and convicts shall be kept at work in each commissioner district of said county, one-fifth ([frac15]) or as nearly as may be practical, of every two years. The manner and district in which they shall work shall be determined by the commissioners in their discretion; provided, that as far as practical, said chaingang shall be so operated as to work in adjoining commissioner districts, so as to centralize the work of said chaingang as nearly as possible, and to connect up the various roads therein that may be in process of construction. Chaingang. SEC. 11. Be it further enacted by the authority aforesaid, That Section 8 of said original Act, approved August 19, 1912, be and the same is hereby stricken, and in lieu thereof the following inserted: Be it enacted by the authority aforesaid, That said board of commissioners shall be the purchasing agent of said county, and it shall be unlawful for them to purchase any article, goods, wares, merchandise, or supplies, which amount in bulk to more than fifty dollars ($50.00) dollars, without having first advertised in the official organ of said county, for two weeks, for bids from parties desiring to furnish said supplies, merchandise, articles, goods, or wares, and the parties desiring to furnish said county shall submit their bids in writing to the commissioners of said county, which shall be directed to the clerk of said board, and shall be kept by the clerk of said board in said commissioners' office until their next regular monthly meeting, when same shall be opened in open court, and the contracts for supplies, wares, merchandise or other articles shall be let to the lowest bidder; provided, that if in the opinion of the commissioners the bids received are too high, they are authorized to refuse to accept said bids, and shall again advertise in a like manner. The bids so submitted shall be filed, and kept on file and

Page 352

preserved as a part of the records of said commissioners' office. Purchases, how made. Advertisement for bids. SEC. 12. Be it further provided, That said commissioners shall have the clerk of said board to make out a quarterly statement of the receipts and disbursements of their office, which shall be recorded on the minutes of said commissioners' office, and posted for thirty days before the court house door in said county. Quarterly statements. SEC. 13. Be it further provided, That they shall also make out a semi-annual statement on the first days of July and January of each year, which shall be advertised in the official organ of said county, for at least one week. Semi-annual statements. SEC. 14. Be it further provided, That said quarterly and semi-annual statements when recorded and filed in the commissioners' office, shall at all times be kept in said office, and shall be open to the inspection of any citizen or taxpayer of said county. Open to inspection. SEC. 15. Be it further enacted, That Section 10 of said Act, approved August 19, 1912, be and the same is hereby stricken. Sections of Act of 1912 stricken. SEC. 16. Be it further enacted, That Section 11 of said Act, approved August 19, 1912, be and the same is hereby stricken. SEC. 17. Be it further enacted, That Section 12 of the Act approved August 19, 1912, be and the same is hereby stricken, and in lieu thereof, the following: The levy of taxes for road purposes of said county to be made by said commissioners, are hereby limited by the now existing law. Levy of taxes. SEC. 18. Be it further enacted, That in case of a vacancy being made in the office of commissioners of roads and revenues of said county of Screven, said vacancy shall be filled by the ordinary and clerk of the superior court, and the remaining four members of said board, who shall appoint from the commissioner's district from which said vacancy occur, a suitable person to fill said unexpired term, and he shall hold his said office until the next general election; and

Page 353

before entering upon the duties of his office, shall give bond as above required, and take and subscribe his oath as if elected originally under the provisions of this Act. Vacancy in office, how filled. SEC. 19. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Screven County, as herein provided. A special election shall be held in said county of Screven on the first Wednesday of October, 1915, and shall be held under the same rules and regulations governing election of county officers of said county, at which election the qualified voters of Screven County who favor five commissioners of said county provided in this bill shall vote in said election and shall have written or printed on their ballots For five Commissioners of Roads and Revenues of Screven County. Those opposing five commissioners in this Act shall vote the ticket on which shall be written or printed Against five Commissioners of Roads and Revenues of Screven County. If the majority of the qualified voters of said county voting at said election vote for five commissioners of said county, then the provisions of this Act shall become of full force and effect as herein provided. Provided, however, that if the majority of the voters of said county at said election shall cast their vote against five commissioners of roads and revenues of said county, then the provisions of this Act shall not go into effect. The managers and clerks for said election shall be appointed by the ordinary of said county and shall be appointed by said ordinary from the advocates and friends of both sides of said question. Said ordinary shall prepare and furnish to the managers and clerks of the various election precincts of said county all necessary papers and ballots to be used at said election. Provided further that the managers and superintendents of said election shall consolidate the vote of their said election at the court house in the city of Sylvania of said county at twelve o'clock noon on the day following, and shall then and there declare the result of said election. And the returns thereof shall be made to the ordinary of said county,

Page 354

who shall declare the result of same; provided, if no election is held as provided by this section on first Wednesday in October, 1915, then this provision of this Act shall go into full force and effect immediately. This Act to be submitted to popular vote Effective if no election held. SEC. 20. Be it further provided, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 16, 1915. SCREVEN; DETECTIVES OF LIQUOR SALES. No. 227. An Act to authorize the County Commissioners of Screven County, upon recommendation of the grand jury, to employ a detective or detectives, to secure evidence and information for the prosecution and suppression of the illegal sale of liquor and other intoxicants in the county of Screven, 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 County Commissioners of Roads and Revenues of Screven County, upon the recommendation of the grand jury, be and they are hereby authorized to employ a detective or detectives for the purpose of securing evidence for the prosecution of violations of the prohibition laws in said county, and for the suppression of the illegal sale of whiskey or other intoxicants in said county. Detectives, if grand jury recommended. SEC. 2. Be it further enacted by the authority aforesaid, That said commissioners shall be authorized to pay for such services, such amount as they may deem adequate, and to issue their voucher for same on the general fund for

Page 355

county purposes, which shall be by the treasurer paid out of said funds in his hands as county treasurer. Pay for their services. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. SPALDING TREASURER'S OFFICE ABOLISHED. No. 60. An Act to abolish the office of County Treasurer of Spalding County of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the 31st day of December, 1916, the office of County Treasurer of Spalding County of this State, be and the same is hereby abolished. Office abolished after 1916. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. SPALDING DEPOSITORY OF COUNTY FUNDS. No. 89. An Act to authorize the Commissioners of Roads and Revenues of Spalding County of this State to designate a banking institution in said county to act as a depository of county funds; to prescribe the duties and compensation of said depository, and for other purposes.

Page 356

SECTION 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 or before the first day of January of each year, beginning January 1st, 1917, and annually thereafter, the Commissioners of Roads and Revenues of Spalding County of this State, shall designate and appoint a bank or banking institution in said county to act as a depository of county funds during the ensuing year, and until its successor is appointed and qualified. Said bank or banking institution shall be known as the county depository. Bank depository. SEC. 2. Be it further enacted, That all county funds are to be paid to, and disbursed by, the county depository, except such as may be specially excepted by law, and then to be collected and disbursed as specially directed. County funds. SEC. 3. Be it further enacted, That said depository shall keep and maintain an office at the county site, or at some place within one mile of the court house. Office at county site. SEC. 4. Be it further enacted, That it shall be the duty of said county depository: Duties. 1. To diligently collect from all officers and others all county dues. 2. To examine the minutes and execution dockets of the different courts of said county, to demand and receive all moneys appearing to be due thereon, and to institute proceedings against defaulters. 3. To pay without delay, when in funds, all orders, according to their dates (or other debts due), and when not in funds, as prescribed by law. 4. To take a receipt on each order when paid and carefully file it away. 5. To keep a well bound book in which shall be entered all receipts, stating when received, who from and on what account, and all amounts paid out, stating when paid, to whom and on what account.

Page 357

6. To keep a well bound book in which shall be entered a full description of all county orders, or other forms of indebtedness, as they are presented, to record a copy of the orders of the commissioners of roads and revenues or other county authorities levying county taxes. 7. To exhibit to the first grand jury at the first session of the superior courts of each year, a full statement of the condition of the county treasury up to that time, and on the second Monday in January, annually, to file with the commissioners of roads and revenues a full statement of its account, accompanied by its vouchers for the preceding year, together with its estimate of the indebtedness of the county for the ensuing year, and the means for providing therefor, and to place its books before either of said bodies for examination when called upon. 8. To appear before the commissioners of roads and revenues or grand jury to render an account of its actings and doings as county depository and to exhibit its books and vouchers whenever notified. 9. To publish at the door of the court house, and in a public gazette, if there is one published in the county, a copy of its annual statement to the commissioners of roads and revenues. 10. To perform all other duties heretofore devolving upon the county treasurer of said county. SEC. 5. Be it further enacted, That before receiving any of the county funds, said depository shall give a bond payable to the ordinary of said county, with securities to be by him approved, in a sum not less than ten thousand dollars, to be fixed by the commissioners of roads and revenues. (The bonds of appointees to fill vacancies shall be likewise given.) Bond. SEC. 6. Be it further enacted, That said depository may be changed to any bank or banking institution of said county at any time in the discretion of the board of commissioners of roads and revenues of said county; provided, that the

Page 358

successor depository shall comply with all of the terms and conditions of this Act. Change of [Illegible Text] SEC. 7. Be it further enacted, That the commissioners of roads and revenues shall be authorized to pay said county depository a reasonable compensation, to be agreed upon by them; provided, that in no case shall the compensation of the county depository exceed the sum of one hundred dollars per annum. Compensation limited. SEC. 8. Be it further enacted, That it shall be within the power of the county commissioners to cause the premiums on the bonds of the county depository to be paid out of the public money of the said county. Premiums on bonds. SEC. 9. Be it further enacted, That all books and stationery the county depository may require to transact the duties aforesaid, may be furnished at the expense of the county. And when the books of such depository, whether furnished by the county or not, are full, they, together with the vouchers of other files relating thereto, or connected with the office, must be deposited in the office of the commissioners of roads and revenues of said county, and afterwards be part of their records. Books, etc., to be supplied. SEC. 10. Be it further enacted, That said county depository shall immediately upon the qualification of its successor, state its accounts, and deliver all the money, books, papers and property of the county to its successor, as heretofore required of the county treasurer, and said successor shall immediately report the same to the commissioners of roads and revenues. Statement of accounts. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 12, 1915.

Page 359

STEPHENS TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 184. An Act to abolish the office of County Treasurer of Stephens County, Georgia; to provide for the performance of the present duties of Treasurer of Stephens County; to provide for a depository for funds of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the office of County Treasurer of Stephens County be and the same is hereby abolished. Office abolished SEC. 2. That the Ordinary of Stephens County shall, on the first Monday in November, 1916, and annually thereafterwards on the same date, appoint and designate some bank or banks in the city of Toccoa, Stephens County, Georgia, to receive all county funds (except such as may be required by law to be disposed of otherwise), and disburse the same as the law now requires county funds to be disbursed by the county treasurer. Bank [Illegible Text] SEC. 3. The term of such depository or depositories shall be one year from January 1st, 1917, and thereafterwards shall expire at the end of each calendar year, but shall extend by operation of law until a successor is appointed and qualifies. Term. SEC. 4. On or before the first Monday in November, 1916, the ordinary shall ask the banks of the city of Toccoa to submit propositions to pay interest on average daily balances of county funds. Such bids shall on said date be opened publicly by the ordinary at his office. It shall not be incumbent on the ordinary to appoint as county depository the bank offering the highest bid; but it shall be his duty to give to such bids consideration in determining what bank shall be appointed such depository, in the best interest of the county. Bids for deposits.

Page 360

SEC. 5. The duties of such depository or depositories shall be such as are now required of county treasurers. And all laws governing county treasurers now in force in this State, insofar as the same are applicable and not in conflict with this Act, shall apply to such depository as such. Duties. SEC. 6. All the rules and regulations now governing county treasurers in the receipt and disbursement of county funds shall apply to such depository, insofar as the same are applicable and not in conflict with this Act. Laws applicable. SEC. 7. All books and stationery which may be required by said depository in the transaction of its business as such shall be furnished by the county; and when said books of such depository are full, they, together with the vouchers and other files relating thereto, or connected therewith, must be deposited in the office of the ordinary of said county and afterwards be a part of his records. Books, etc., to be furnished. SEC. 8. Such depository shall, neither directly nor indirectly, purchase any county orders or claims for less than full par value. No discount of orders. SEC. 9. Upon the expiration of its term, upon its resignation or removal, such depository shall make a full and fair statement of all its accounts and liabilities as such depository and deliver the same, together with all the moneys, books, papers and property of the county to its successor, which successor shall report the same at once to the ordinary of said county; and when such depository has complied with these provisions, and all laws governing its conduct as such depository, an exoneration of itself and its sureties, together with the details of such settlement, must be entered on the books of the ordinary, which exoneration shall be final, except for fraud. The books and accounts of such depository covering county funds shall at all times be subject to examination and audit by or at the instance of the ordinary or grand jury. Statement of accounts. Examination and audit.

Page 361

SEC. 10. The ordinary, in his discretion, at the time of making the appointment of such depository or depositories, shall provide that such depository shall pay to the said county monthly, during the ensuing term of appointment, on the average daily balance of the account of said county carried by said depository, the rate of interest thereon agreed to be paid by said depository. Interest on daily balances. SEC. 11. The appointment of said depository shall [Illegible Text] made in writing, showing the agreement entered into by the ordinary and said depository, in accordance with this Act, and the same shall be entered upon the minutes of the office of the ordinary. Appointment to be entered. SEC. 12. Bonds with good security, to be approved by the ordinary, in such sum as the ordinary in his discretion may require, shall be required of such depository, conditioned upon the faithful collection, disbursement and accounting for all moneys, property and effects of said county, and otherwise to faithfully discharge all duties required of it by law as such depository. When said bond has been executed, the property of such depository as well as the sureties thereon, shall be bound from the excution thereof for the payment of any and all liability arising from the breach of said bond. Bond. SEC. 13. When such depository fails to pay any order which is entitled to payment, or other legal demands upon it connected with its duties as such depository, when there are or should be funds on hand for the payment of same, or to pay any balance or deposit to its successor, or to the person entitled to receive it, the ordinary shall issue executions against it and its sureties for the amount due as against a defaulting tax collector. Execution SEC. 14. Such depository so appointed may be removed by the ordinary upon its failure to perform any of the [Illegible Text] made incumbent upon it by this Act; but before such removal the ordinary shall give such depository ten days' notice and if during said ten days said depository shall still fail in its duties the same shall be removed, the ordinary

Page 362

having full power and authority to exercise his discretion in the premises. In the event of a vacancy for any cause, the ordinary shall fill the vacancy for the term and the provisions of this Act shall apply in the manner of the appointment, except as to time of appointment, and shall apply to the depository filling the unexpired term, in the same manner as they do to the depository filling the full term. But the ordinary may, for safety, change the depository, in his discretion, without notice to the designated depository. Removal. Vacancy to be filled. Change of depository. SEC. 15. The premium on bonds given by such depository shall be paid out of the county treasury, but no salary shall be paid such depository. Premium on bond. SEC. 16. Such depository shall make a full report of its receipts and disbursements to the spring and fall terms of the grand jury of the county. Reports to grand jury. SEC. 17. If the ordinary should fail to obtain the service of any bank in the city of Toccoa to act as such depository, it shall be his duty to appoint some person who is a resident of said county to receive and disburse the funds of said county; and the duties and liabilities of such person appointed shall be the same as those now provided by law for county treasurers. Such person shall give bond to be fixed and approved by the ordinary, any premium to be paid by the county. The compensation of such person shall be fixed by the ordinary, but in no event to exceed the sum of $200.00 per annum, which salary shall be paid by the county; and he shall have an office at the county site. Depository other than bank. Compensation limited. SEC. 18. Should any other tribunal or officer be vested by law hereafter with the power, jurisdiction and remedies, as to county matters, now vested in the ordinary, such tribunal or officer shall perform all the acts and duties herein provided to be done and performed by said ordinary. Jurisdiction. SEC. 19. The depository appointed under the provisions of this Act shall succeed the County Treasurer of Stephens County at the expiration of his term on January 1st, 1917. Effective 1917.

Page 363

SEC. 20. All laws in conflict with this Act are hereby repealed. Approved August 16, 1915. TALIAFERRO TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 99. An Act to abolish office of County Treasurer of Taliaferro County; to provide for the designation of county depository or depositories for the funds of said county, to provide for the payment of county warrants and for the disbursements of the funds of the 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 office of County Treasurer of Taliaferro County be and the same is hereby abolished. Office abolished. SEC. 2. All books and papers, records and other property and business pertaining to the office of county treasurer of said county of Taliaferro heretofore kept in said office shall be delivered to and disposed of by the county commissioners of said county of Taliaferro, upon and after determination of the present term of office of the treasurer of said county of Taliaferro. Books and papers to be delivered. SEC. 3. The county commissioners shall, at their [Illegible Text] meeting in January of the year 1917, and once every two years thereafter, at the same meeting, or as soon thereafter as practicable, select some solvent, chartered bank in Taliaferro County, to act as a depository for the purpose of handling and paying out and otherwise dealing with and disposing of the funds of said county, and for performance of all the duties now performed by the treasurer of said

Page 364

county. Said bank shall be required to give bond in a sum not less than five thousand, not more than ten thousand dollars, as may be required by the county commissioners of said county through an official order of said body entered upon the minutes of said county commissioners. Where said bond is given in some regular bonding company, the premium shall be paid out of any county funds available therefor, but no other compensation shall be allowed said depository. Bank depository. Bond. Premium. SEC. 4. Upon a refusal to act or a failure to perform the duties by any bank which may be designated by the Commissioners of Taliaferro County, the said commissioners shall at once, or as soon as practicable, designate some other bank in said county to act as depository for said county. If no bank qualifies under the terms of this Act, or after qualifying, fails to perform its duties, then the commissioners shall designate some individual in said county who shall serve under all the provisions of this Act. Other depository. SEC. 5. This Act shall not become operative until on and after January 1st, 1917. Effective 1917. SEC. 6. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1915. TATTNALL BOARD OF COMMISSIONERS ABOLISHED. No. 13. An Act to repeal an Act creating a board of commissioners of roads and revenues for the county of Tattnall; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes; said Act now being repealed was approved August 20, 1906.

Page 365

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of August, 1915, an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of the County of Tattnall; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes, approved August 20, 1906, be and the same is hereby repealed. Act of [Illegible Text] [Illegible Text] SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1915. TATTNALL BOARD OF COMMISSIONERS CREATED. No. 19. An Act to create a board of commissioners of roads and revenues for the county of Tattnall; to provide for the election of members thereof by the qualified voters of said county; to provide for commissioners for said county until the first election under this law; to define all 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 a Board of Commissioners of Roads and Revenues of the County of Tattnall, to consist of three persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and of good moral character, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. Board of three. Qualification.

Page 366

SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the said county of Tattnall shall be divided into three road districts, to be constituted as follows, to-wit.: The first road district shall be composed of the 351st, 1376th and 1601st Georgia Militia Districts; the second road district shall be composed of the 40th, 41st and 1645th G. M. Districts; the third road district shall be composed of the 1432nd, 1700th and 1710th G. M. Districts. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That at any time the county commissioners shall create a new militia district they shall have authority by a majority vote of their board to attach said new militia district to any one of the three road districts. New militia district. SEC. 4. Be it further enacted by the authority aforesaid, That the first election of county commissioners under this Act shall be held on the regular election day in November, 1916, and that the commissioners elected on that day shall go into office on January 1st, 1917, and serve for a term of four years, and that their successors shall be elected regularly on the November elections for terms of four years each, and that all commissioners thus elected shall serve until their successors qualify. Election. Term. SEC. 5. Be it enacted by the authority aforesaid, That in the election of said commissioners, one for each road district, is hereby prescribed. They shall each be elected by the qualified voters of the entire county, and not by the qualified voters of one road district. One for each district. SEC. 6. Be it enacted by the authority aforesaid, That from August 1st, 1915, until January 1st, 1917, J. B. Cartee shall be commissioner for the first road district, and Lester Jarriel commissioner for the second road district, and B. F. Dowdy commissioner for the third road district, with full authority to perform all the duties of the office of Commissioners of Roads and Revenues of Tattnall County. Commissioners named.

Page 367

SEC. 7. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall be exempt from all jury duty during their term of office. Exemption. SEC. 8. Be it further enacted by the authority aforesaid, That before any commissioner shall qualify and per form any of the duties of his office under this Act, that he shall give a good bond in the sum of ten thousand dollars, to be approved by the ordinary of said county and payable to the ordinary of said county for the faithful performance of any and all the duties of said office. Bond SEC. 9. Be it enacted by the authority aforesaid, That should there be a vacancy from any cause in the office of any commissioner during his term of office under this Act, that the judge of the superior court of said county shall at once appoint his successor to fill out his unexpired term and he shall be appointed from the road district where the vacancy occurred. Vacancy in office. SEC. 10. Be it enacted by the authority aforesaid, That the said commissioners shall not expend one cent of money for any purpose without express law and authority for the same, and if they do they shall be guilty of a misdemeanor. Expenditures. SEC. 11. Be it further enacted by the authority aforesaid, That the said commissioners are hereby authorized and directed to pay to the proper officers the actual costs in the case where a misdemeanor convict is sentenced to the chaingang of said county and serves his term upon said chaingang in said county; provided, he is sentenced to said chaingang for a period of four months or more, and if not thus sentenced they shall not pay said costs. Costs of misdemeanor convictions. SEC. 12. Be it enacted by the authority aforesaid, That said commissioners shall not pay out any money for any purpose except upon an itemized sworn account after it is examined and approved, and then it shall be filed away alphabetically, and all accounts paid at each monthly meeting

Page 368

shall be filed away together and indexed so any citizen can easily find said paid accounts, and said commissioners shall at once purchase proper files for the same, and that no account shall be paid at any time only at the regular monthly meeting, and said account shall be approved by a majority vote of the board and the check or voucher for the same shall be signed by the chairman and clerk of the board. Payment of accounts. SEC. 13. Be it enacted by the authority aforesaid, That where the commissioners pay a regular monthly salary to any one for any purpose, that it shall be unlawful for them to pay him anything else for incidentals or other expenses connected with his work, or any other work. No expense beyond salary. SEC. 14. Be it enacted by the authority aforesaid, That no member of said board of commissioners shall hold any subordinate position under said board; that no member or any firm of which he may be a member, or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to, or perform any contract of service, either directly or indirectly, of any character whatever with said board, and if he does, he shall be guilty of a misdemeanor. Unlawful acts. Penalty. SEC. 15. Be it enacted by the authority aforesaid, That members of the board of commissioners herein created shall receive as their compensation four dollars a day for each day of actual service; provided, that no commissioner shall be paid for more than sixty days' service during any one year, and that he shall spend as much as one day in each month in each militia district looking after the roads and bridges of said district. The said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court house in said county; said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records of

Page 369

his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of thirty dollars a month, and this shall include his salary and all expenses connected with his duties. Said clerk shall not be a member of said board of commissioners. Compensation. Clerk. Duties. Salary. The said commissioners shall, at their first meeting, elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said board. Said commissioners before entering upon their duties as such shall take an oath before the ordinary for the faithful performance of their duties. Chairman. Oath SEC. 16. Be it enacted by the authority aforesaid, That the clerk of the court of county commissioners shall be the purchasing agent for said county for all things needed by the different departments of said county, and especially for all supplies for the convicts and feed for the mules and horses owned by said county and for all machinery used by said county and in fact for everything purchased by said county and he shall at no time pay more than the fair market price for the same, and shall monthly, at the regular meeting of the board, report to the board all purchases made during the past month and exhibit an itemized statement for the same and it sworn to by the party from whom be purchased, and the same shall then be approved by the commissioners, if they find the same just, fair, correct and reasonable, and this shall apply to all supplies for all county officers, including the judge and solicitor of the city court, but supplies for convicts and road machine crews may be purchased by man in charge of same in a case of necessity. Purchasing agent. Itemized statement. SEC. 17. Be it enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: In directing and controlling all the property of the county according to law; in levying taxes, according to law; in altering, establishing or abolishing roads, bridges and ferries, according

Page 370

to law; establishing, abolishing or changing election [Illegible Text] or militia districts; in supervising tax collectors' and tax receivers' books and allowing the insolvent list of said county; and they shall have the right to inspect or have inspected any office and records of any county officer at any time, and they shall have the right to employ a competent man to do said work at a price not to exceed five dollars a day; in settling all claims against the county, examining and auditing all claims and accounts of officers having the care, management, keeping, collecting or disbursement of any money belonging to the county or appropriated for its use and benefit and bring them to settlement; in controlling and managing the convicts of said county, according to law, in making rules and regulations for the support of the poor of the county, and for the promotion of health, and electing and appointing all minor officers of said county where election is not otherwise provided by law, such as superintendents and guards of convicts, or of chaingangs, janitor of court house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling, and to have, and to exercise all the powers before vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as indispensable to their jurisdiction over all county matters and all county finances; and they shall have a right to use the convicts of said county in improving the school grounds of any public school in said county; and they shall select one bank in Reidsville to do the work formerly done by county treasurer, and said bank shall do said work without any compensation. Jurisdiction of board. SEC. 18. Be it enacted by authority aforesaid, That said board shall have the entire control and management of the convicts of said county sentenced to work on the public roads of said county, and may employ them upon the public roads and bridges or any other public work of said county. Said board shall have the right and power to hire, work and control on the public works of said county such convicts

Page 371

from other counties of Georgia as may be necessary in carrying on said public works in said county. The said county commissioners shall have authority at any regular meeting to establish a chaingang in and for Tattnall County, and pass such rules and regulations for maintaining and carrying on the work of the same that they may deem right and proper. Convicts. SEC. 19. Be it enacted by the authority aforesaid, That said board shall hold at least one session on the first Monday in each month at the county site and in the court house where the clerk of said board shall keep a regular office. At the request of a majority of the board, the chairman may at any time call an extra session. Written notice of such shall be served on each member. The board shall have the right to adjorun from day to day until they finish their business. No less than two members of said board shall pass any order on any subject matter, and this shall be shown on the minutes by recorded yea and nay vote. The chairman shall vote on all measures before the board. Sessions. Notice SEC. 20. Be it enacted by the authority aforesaid, That said commissioners shall not neglect any public roads in said county, nor refuse to keep up a road that they have built, and they shall not build more roads in one section of the county than in another, and the work of the convicts and the road and bridge funds shall be justly and equitably distributed over the county. Equality in road work. SEC. 21. Be it enacted by the authority aforesaid, That the said commissioners shall have authority to employ a county attorney, who is a resident of Tattnall County, and they shall not pay him a salary of more than twenty-five dollars a month. County attorney. Salary. SEC. 22. Be it enacted by the authority aforesaid, That said commissioners in employing and paying the county physician, either for the pauper farm or the county jail, or for the county convicts, shall not pay him only for the actual services rendered at the standard prices now charged by the physicians of Tattnall County. Physician.

Page 372

SEC. 23. Be it enacted by the authority aforesaid, That the clerk of the superior court shall on every first Monday report in writing to the county commissioners a true statement of all money that has been spent by the judge of the superior court or the judge of the city court, or by the clerk in paying jurors or otherwise. Report of jury payments. SEC. 24. Be it further enacted, That the purchasing agent of said board shall receive five dollars a month as his salary for said work. Salary of purchasing agent. SEC. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1915. TATTNALL ROAD LAW ABOLISHED. No. 12. An Act to abolish the alternative road law in the county of Tattnall, adopted in said county by the grand jury of said county at the April term, 1903, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after August 1st, 1915, the alternative road law now of [Illegible Text] in the county of Tattnall for working the public roads of said county be and the same is hereby repealed. Alternative road law abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 2, 1915.

Page 373

TATTNALL ROAD LAW ADOPTED. No. 20. An Act to provide for the working of public roads, and the building and repairing of bridges in the county of Tattnall; to authorize the county commissioners to appoint a road superintendent of public roads and bridges, and to fix his compensation and define his power and duties; to provide who shall be subject to road duty and the commutation tax in the road work; to provide for the punishment of defaulters and delinquent officers; to provide for the levying of a tax for road purposes; to authorize to county commissioners to purchase, hire or rent all machinery, implements, stock, tools, and other things necessary for the working of said public roads and bridges and repairing the same; to provide a method and means of collecting the commutation road tax; and for 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 commissioners of roads and revenues of said county of Tattnall, shall have the sole right, power and authority to lay out, open, change, or discontinue public roads, and the sole management of the working of said roads, and the erecting and caring for all public bridges in said county; and they shall have the right and authority to appoint a superintendent of the public roads, and said superintendent of public roads may be the warden in charge of the convicts of said county; and they may appoint some competent person in each militia district to collect the commutation tax in said district. Power as to roads. SEC. 2. Be it enacted by the authority aforesaid, That it shall be the duty of the road superintendent to superintend

Page 374

and have a general supervision of all the public roads and bridges in said county of Tattnall, and to assist the county commissioners in the management of said public roads and bridges, and in all his work as such superintendent he shall be directed by the county commissioners in the building, repairing and keeping up of the public roads and bridges of said county. Duty of road superintendent. SEC. 3. Be it further enacted by the authority aforesaid, That each male citizen of the county of Tattnall, between the ages of 21 and 50 years shall be subject to road duty, except those who are mentally or physically disabled, and shall be, and are hereby required, when notified or summoned, to work on the public roads of Tattnall County for a term of six days each year, or pay to the proper county authority by whom they are notified or summoned, at the time they are served with the notice or before the day they are notified to work, the sum of fifty cents a day for each day they are required to work. Road duty. SEC. 4. Be it further enacted by the authority aforesaid, That said commutation road tax shall be collected all at one time during each year, and that the county commissioners shall designate one of the lawful constables in each militia district to collect said commutation tax, or some suitable and qualified person for collecting the same, and said collector shall receive for his entire services in collecting said money ten per cent on the dollar of all money collected, and if he have to work any road hands, who work instead of pay, he shall receive one dollar and fifty cents a day for the actual days that he is working them; and said tax collector shall post a written notice at the court ground of his militia district and at five other public places in said district at least ten days before he begins to collect said tax giving the people notice of the day when he will begin to summons them to pay or to work; and he shall give every male citizen subject to road duty a written summons that will tell him when and where he is to meet to pay or to work, and he shall have said summons at least five days before the day he is called upon to work or pay; and all parties

Page 375

subject to road duty shall be summoned to work on a public road in said militia district, but the collector shall not be permitted to summons said road taxpayers to any one place in a less number than fifteen, and the said six notices to be posted in the district shall be dated and posted on the first or second day of the month in which the taxes are to be paid; and the said road tax collector shall complete his work within one month and turn over all money thus collected to the county commissioners on the next first Monday; that said road tax shall be collected in each year during the month of January, or as soon thereafter as possible; that if after the month of January during the year any party moves into any district and remains as a citizen for a period of ten days he shall be subject to pay said road tax and the road tax collector may summons him at any time to pay said road tax. Commutation tax. SEC. 5. Be it enacted by the authority aforesaid, That before any person shall collect said road tax he shall give bond in the sum of five hundred dollars to the county commissioners of said county for the faithful performance of all his duties, said bond to be approved by the clerk of said commissioners and filed in his office; and said commissioners shall have a man under bond to do said work on December 31st of each and every year. Bond of road tax collector. SEC. 6. Be it enacted by the authority aforesaid, That the commissioners of roads and revenues shall constitute a court to try all road defaulters, and said court shall be held for that purpose at any time during the year, but as early as possible after said defaulters have been so returned, and they may hold said defaulters' court in their office in the court house, or at any place in said county, and said defaulters shall have ten days' notice of the time and place of said court, and the road tax collector shall serve said summons upon him, and the said commissioners while holding their court to try said defaulters shall have full authority to keep order, to compel the attendance of witnesses, to swear witnesses, to take testimony, punish for contempt of court, and impose such fines as may be lawful,

Page 376

and the clerk of said court may issue execution for such fines, or such other writs as will carry out the judgments of the court and enforce the penalties that may be imposed. Court [Illegible Text] try defaulters. SEC. 7. Be it enacted by the authority aforesaid, That any person who has failed or refused to pay the commutation tax when demanded, or to work the roads, or who refuses to appear at the time and place appointed to work, or who refuses to attend the court appointed to try defaulters, when he has been legally summoned to work or pay, or to appear at said court to try defaulters, without a good and legal excuse, shall be fined not less than three dollars and costs nor more than ten dollars and costs, or be imprisoned in the county jail not less than five days nor more than ten days, or be sentenced to work on the county chaingang not less than five days nor more than ten days; and said road tax collector shall be allowed one dollar for serving a notice upon the defaulter to come to court, and one dollar for serving any further writ upon him in the nature of a warrant or an arrest, and one dollar for taking bond for his appearance at the next term of court, all costs to be paid by the defendant. Defaulters. Costs of road tax collector. SEC. 8. Be it enacted by the authority aforesaid, That the county commissioners on the first Monday in September of each year shall fix and levy a tax additional to any now authorized by law, which shall be denominated as road tax, which shall not exceed twenty-five cents on the one hundred dollars on all the taxable property for the county of Tattnall, which fund so raised with the commutation tax heretofore provided, shall be known as the public road and bridge fund of the county of Tattnall and shall be used and expended for the purpose of building and repairing public roads and public bridges, and expenses connected therewith, and for buying tools and machinery for doing said work, and all of said road and bridge funds shall be justly and equally distributed over the county where most needed; and all of said road and bridge fund spent upon the roads and bridges, either by the working of the convicts or otherwise, shall show how much is spent for all purposes every month,

Page 377

and a statement of the same shall be published in the Tattnall Journal twice a year, in the first issue of said paper following the first Monday in January and in July, and said statement shall be brief and simply show the total amount spent each month for roads and bridges. Additional road tax. Fund for roads and bridges. SEC. 9. Be it enacted by the authority aforesaid, That the clerk of said commissioners shall have authority to contract with any party to do any temporary work that is absolutely demanded at any time in order to fix any road or bridge that can not remain in its bad condition until it is reached by the convicts or those employed to do the regular work, and it shall be the duty of the said clerk to keep posted at all times as to the condition of said roads and bridges. Temporary work SEC. 10. Be it enacted by the authority aforesaid, That commutation road tax that may be due the county for the year 1915 under this Act or the old road law shall not be collected and all parties are hereby relieved of the same for the year 1915. Relief from old tax. SEC. 11. Be it further enacted by the authority aforesaid, That the county commissioners shall have the power to contract any special road or bridge work to different parties, but the same shall be done by contract only, and paid for as any other claim against the county, except it shall be paid out of the road funds of said county, and only after the same has been inspected and approved by one of said road commissioners or the road superintendent. Contracts for road work. SEC. 12. Be it enacted by the authority aforesaid, That the county warden in charge of the convicts shall not receive more than one hundred dollars a month as his salary, and nothing else as added expenses, and this shall apply to him if he be also acting as superintendent of public roads. Warden of convicts. Salary. SEC. 13. Be it enacted by the authority aforesaid, That this Act shall go into effect on August 1st, 1915. SEC. 14. Be it enacted by the authority aforesaid, That all laws and parts of laws that conflict with this Act be and the same are hereby repealed. Approved July 31, 1915.

Page 378

TATTNALL TREASURER'S OFFICE ABOLISHED. No. 58. An Act to abolish the office of county treasurer in and for Tattnall County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the office of County Treasurer of the County of Tattnall is hereby abolished. Office abolished after 1915. SEC. 2. Be it further enacted, That this Act shall go into effect on January 1, 1916, and that the office of County Treasurer of Tattnall County is hereby abolished on that day. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. TELFAIR TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 216. An Act to abolish the office of County Treasurer of Telfair County; to provide that the tax collector of said county shall deposit all money collected by him for taxes of said county in the various banks of the county, to be designated by the board of county commissioners for said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the office of county treasurer for Telfair

Page 379

County is hereby abolished, to become operative January 1st, 1917. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the tax collector for Telfair County shall deposit all tax money collected by him for taxes in the various banks of the county, to be designated by the board of county commissioners, there to be subject to check from the board of commissioners; provided, that before any money is deposited with any bank or banks, such bank must first give a surety bond in some surety company for the amount to be deposited in such bank, said bond to be approved by and filed with the board of county commissioners. Bank depositories. Bond. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this be and the same are hereby repealed. Approved August 16, 1915. TIFT BOARD OF COMMISSIONERS; REPEALING ACT. No. 115. An Act to repeal an Act creating board of commissioners of roads and revenues for the county of Tift, approved August 13th, 1907, and an Act amendatory thereof approved August 18th, 1913. 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 create a board of county commissioners for the county of Tift, approved August 13th, 1907, and an amendment thereto approved August 18th, 1913, and for other purposes, be and the same is hereby repealed, to take effect on the first day of January, 1916. Act of 1913 repealed.

Page 380

SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1915. TIFT COMMISSIONER'S OFFICE CREATED. No. 118. An Act to create the office of commissioner of roads and revenues for the county of Tift; to provide for the method of selection of said officer, his term of office, his compensation, and to define his powers and duties; provide how vacancies shall be filled, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1916, that the office of commissioner of roads and revenues for the county of Tift be and the same is hereby created and established, and that J. J. Golden be and he is hereby created and appointed the first commissioner as aforesaid under this Act, who shall be commissioned by the Governor as such for a term commencing from the date of his appointment and expiring on January 1st, 1920, and shall hold and discharge the duties of his office until his successor is appointed and qualified, as hereinafter provided. Office created. First commissioner named. Term of office. SEC. 2. Be it further enacted, That the successor to said commissioner shall be appointed by the grand jury on the 1st day of its session at the fall term, 1919, of Tift Superior Court, and every four years thereafter. And upon certificate of the clerk of the superior court and under seal of his office, certifying the fact of said appointment to the Governor, the Governor shall commission said appointee for the term of four years, commencing from the date of

Page 381

the expiration of the term of the first appointee under this Act, and any vacancy occurring in the office of commissioner hereby created and appointed, shall be filled by appointment made by the judge of the superior court of said county until the meeting of the next grand jury who shall proceed to fill said vacancy; provided, however, in all cases of vacancies, the duties of such office shall be discharged temporarily by the ordinary of said county until the same shall have been filled, as above provided. Successors. Commission by Governor. Vacancies. SEC. 3. Be it further enacted, That said commissioner, before entering upon the discharge of his duties, shall give bond in the sum of five thousand dollars, with good and sufficient security to be approved by and payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of duties of his office as such commissioner. Which said bond shall be by said ordinary recorded as are other official bonds and filed in his office. Said commissioner shall at the same time before said ordinary take and subscribe the following oath of office, to-wit.: I, _____, do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues for the county of Tift and that I will so act as in my judgment will be the most conducive to the welfare and prosperity of said county, so help me, God. Which oath shall be spread upon the minutes of said ordinary's court and the original filed in his office. Bond. Oath. SEC. 4. Be it further enacted, That said commissioner shall have exclusive jurisdiction and control in directing and controlling all the property of the county as may be expedient, according to law; establishing, abolishing, or changing election precincts or militia district; in supervising tax receivers' and tax collectors' books and the supervision and correction of erroneous tax returns and allowing of the insolvent list of taxpayers of the county from year to year; in auditing and settling claims of all kinds against the county; in examining and auditing all claims and accounts of officers having the care, collection, management,

Page 382

keeping or disbursement of moneys belonging to the county, or appropriated for its use and benefit and bring them to prompt settlement; to make examination at such time as said commissioner may deem necessary, of the bank accounts of the county treasurer or other officers having public funds of the county on deposit in any bank; in controlling and managing the convicts of said county according to the existing laws and as provided in this Act; in establishing and maintaining county chaingangs and in working the public roads or other public work of the county with the same as herein provided. Making rules and regulations for the support of the poor of the county and for the promotion of health and appointing all minor officers of said county where their election and appointment is not otherwise provided for by law. Such as superintendent of public works and buildings; superintendent and guards of convicts and chaingangs; appointment of road commissioners and the enforcement of the road laws; janitors of all public buildings; superintendent of pauper funds; county physicians, health officers and such other guards and employees as may be needed and authorized by law; in regulating peddlers and fixing the licenses therefor; in managing the county jail and fixing the fees of the employees of said jail; contracts for board and maintenance of prisoners and to have and to exercise exclusive jurisdiction over all such county matters as were held and were exerised by the inferior courts when sitting for county purposes prior to the adoption of the Constitution of 1868, and to have and to exercise all the powers heretofore vested under the general law in the ordinaries of the several counties of said State when sitting for county purposes, and to exercise such other powers as are granted by law, as are indispensable to their jurisdiction over county matters and the finances thereof. Jurisdiction of Commissioner. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner shall keep or cause to be kept, an accurate, full and complete minute of all the official acts and doings of said commissioner; to preserve and file in the order of their dates all original orders, judgments, etc.,

Page 383

of said commissioner; to arrange and keep in the order of their filing all applications, petitions, and other papers addressed to said commissioner. He shall also keep and enter in a suitable book, to be kept exclusively for that purpose, a complete account of all receipts and expenditures of the public funds of said county of every kind and in said book he shall also, from year to year, as soon as he shall have levied the county taxes, open an account with the tax collector on account of said county taxes and require the settlement of the same by said collector in the same manner that he is required to settle his accounts with the Comptroller-General for State taxes. It shall be the duty of said commissioner when a claim against the county shall have been presented, examined and passed for payment to at once draw his warrant on the treasurer therefor and shall at once furnish said treasurer with an abstract or advice of said warrant and shall state the particular fund out of which each warrant is payable, together with the number of warrants, amount and to whom payable. Said commissioners shall also number and file in numerical order all claims against the county in settlement of which warrants were drawn upon the treasurer. He shall fill out and preserve a stub memorandum of all warrants drawn upon the treasurer. He shall also prepare and have published in suitable manner, in the newspaper in which the sheriff's advertisements appear, quarterly, beginning April 1st, 1916, a full and complete statement of the finances of the county, showing receipts and from what source derived; disbursements, and for what purpose paid out, and such statements shall be made in such manner and form that the taxpayers of the county may readily see and be advised of the revenue derived as well as the cost of the county government in every branch. Minutes, files. etc. Accounts. Warrants to pay [Illegible Text] Publication of quarterly statements. Said commissioner shall allow no claim against the county and draw his warrant in payment of same until the same has been properly itemized and sworn to. It shall be the duty of said county commissioner to furnish the grand jury at the spring term of the superior court of said county in each year with a full statement of the county's finances,

Page 384

receipts, and expenditures, the condition of the county property together with such other information appertaining to the county government and its affairs as might require the advice of or investigation of the grand jury, which statements, as well as quarterly statements required to be published, shall be sworn to by said commissioner before an officer authorized by law to administer oaths. Claims, when payable. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner shall employ at his own expense a competent person as clerk to assist him in the clerical work of his office, requiring from said clerk a bond in the sum of one thousand dollars, conditioned upon the faithful discharge of his duties as clerk, said bond to be made payable to said commissioner. Said county commissioner under his official bond shall be held liable for the faithful discharge of the duty entrusted by him to his said clerk so employed. Clerk. Bond. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioner shall hold his courts regularly at the court house of said county on the first Monday of each month of the year and may adjourn from day to day or hold extra or called sessions should public necessity require; when said commissioner's court is in session either regularly or called, said commissioner shall have the same power to punish for contempt that is now exercised by the several ordinaries of this State and shall also have power to compel by subpoena and attachment the attendance of witnesses, and to require the sheriff or his deputy, if necessary, to attend the sittings of the court and serve all processes and notices issued by said commissioner and for serving such processes and notices said sheriff shall receive the same compensation as is allowed by law for like services in the superior court. Sessions. Powers. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioner shall receive a salary of eighteen hundred dollars per annum, said salary to be paid out of the revenue of said county of Tift monthly, the same to

Page 385

be audited and warrant drawn on the treasurer as other claims against the county audited and paid. Salary of commissioner. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the said commissioner to make a personal inspection of all public roads and bridges, in said county of Tift at least one time each month during each year. Inspection of roads and bridges. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioner is hereby authorized to draw county warrant against the current funds of the county for a sum not to exceed five hundred dollars to be used to purchase an automobile to be used in making inspections of roads referred to in Section Nine of this Act; said commissioner is also authorized to pay necessary amounts to purchase gasoline, oils, and keep said automobile in running order. Automobile and maintenance. SEC. 11. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not be operative and effective until from and after January 1, 1916. Effective 1916. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. TIFT TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 155. An Act to abolish the office of County Treasurer of Tift County, Georgia, and to provide in what manner the funds of said county shall be deposited and 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 authority

Page 386

of the same, That from and after January 1st, 1917, the office of County Treasurer of Tift County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office abolished after 1916. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said Tift County shall by a majority vote taken among themselves, select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories and disbursing agent or agents, shall receive no compensation for acting as such, but said commissioners shall, if possible, get such bank or banks to pay said county for the privilege of acting as such depository and disbursing agent. Bank depositories. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to same commissioners with securities to be by them approved, conditioned for the faithful performance of all duties pertaining to said appointment, and in a sum which, in the judgment of said commissioners, will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties.

Page 387

1. To pay, without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders. 2. To take a receipt on each order when paid and carefully file it away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom, and on what account; and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book, in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented, and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given, on or before the day this Act shall go into effect, and the county treasurer of said county, then in office, shall on the day this Act shall go into effect, deliver to such depository or depositories, as he may be directed, by said commissioners, all county funds then in his hands, and he shall at the same time, deliver to said commissioners all records, books, papers, that he may have pertaining to his office. Treasurer's duty.

Page 388

SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That commissioners may determine in each case at the time of making the appointment the length of time during which such bank shall act as such depository and disbursing agent. Term. SEC. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally just as county treasurers are liable, for any nonfeasance or malfeasance of duty, and said commissioners shall have the right to proceed against such depositories and disbursing agents, and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 14, 1915. TWIGGS BOARD OF COMMISSIONERS ABOLISHED. No. 65. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Twiggs, and to define its powers, and for other purposes,

Page 389

approved December 5th, 1898, which said Act was amended by an Act approved August 14th, 1903. SECTION 1. 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 create a board of commissioners of roads and revenues for the county of Twiggs and to define its powers and for other purposes, which said Act was approved December the 5th, 1898, and which was amended by an Act approved August 14th, 1903, be and the same is hereby repealed. Act of [Illegible Text] repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all the amendments to said Act, approved December 5th, 1898, to-wit.: the Act approved August 14th, 1903, be and all of the same are hereby repealed. Amendments 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 9, 1915. TWIGGS BOARD OF COMMISSIONERS CREATED. No. 70. An Act to create a board of commissioners of roads and revenues for the county of Twiggs, consisting of three members; to prescribe their duties and fix their compensation; to prescribe their qualification; to provide for the election of said commissioners; to provide for a clerk of said board and to 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 Georgia, and it is hereby enacted by the authority of the

Page 390

same, That from and after the passage of this Act there shall be established in and for the county of Twiggs a board of commissioners of roads and revenues, to consist of three persons as follows: F. J. Ray, T. S. Thorpe, and Linton Hatcher, citizens of said county. Board of three. SEC. 2. Be it further enacted, That all three of said commissioners shall hold their office until January 1, 1917, and until their successors are elected and qualified, which said election shall be held at the next regular time for holding the elections for the members of the General Assembly of the State of Georgia, and their successors shall be elected for terms of two, four and six years respectively. The successors of said board shall be elected by the qualified voters of the entire county of Twiggs, 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 for any one or all of the members of said board shall be held in all the voting precincts of said county. Term of office. Election. SEC. 3. Be it further enacted by the authority aforesaid, That the ticket to be used in said election provided for in this Act shall have printed thereon the name of the candidate and the term for which he is running. The person elected for the two year term shall hold said office until his successor is elected and duly qualified (said election held every two years), the person elected to fill the four year term shall hold said office until his successor is elected and duly qualified (said election held every four years), the person elected for the six year term shall hold his office until his successor is elected and duly qualified (said election held every six years). Said commissioners shall be residents of said county of Twiggs at least two years next preceding the date of their election, and shall be freeholders of the said county of Twiggs, and qualified to vote for the members of the General Assembly of the State of Georgia. Election ticket. Qualification. SEC. 4. Be it further enacted by the authority aforesaid, That in case of a vacancy on said board by death, removal

Page 391

from the county, resignation or otherwise, it shall be the duty of the ordinary of said county within thirty days from the date of said vacancy to set a date for an election to fill said unexpired term, which said election shall be governed and controlled as the regular election for county commissioners herein provided, and that said election date so fixed by said ordinary shall not be later than sixty days from the date of the vacancy. Provided, however, that if said vacancy should occur within six months from the expiration of the term of the commissioner vacating, then and in that event, it shall be the duty of the ordinary to appoint some suitable person who is a resident of the county to fill this unexpired term. Said person so offering for the unexpired term or appointed by the ordinary shall have the same qualifications as hereinbefore provided, and their successors shall be chosen the same as if they were elected for full terms under the same rules, regulations and restrictions. Vacancy, how [Illegible Text] SEC. 5. 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 prescribe the following oath, before the ordinary of said county, which is to be recorded in the book of minutes kept by the board of said commissioners, to-wit.: I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues of the County of Twiggs, and will to the utmost of my knowledge and skill and ability, endeavor to promote the welfare and prosperity of the entire county of Twiggs, and will do so without fear, favor or affection. And each commissioner shall furthermore, before entering upon the discharge of the duties of his office give bond and good security in some approved surety company, premiums on bonds to be paid for out of county treasury and to be approved by the ordinary of said county of Twiggs in the sum of three thousand dollars to be made payable to the Governor of this State, and his successors in office, for the faithful discharge of his duties as such

Page 392

commissioner of roads and revenues for said county of Twiggs. The Governor of this State upon the election or appointment of a commissioner, shall issue to him a commission for the term of office for which he shall be elected, named or appointed, as in the cases of other county officers. Oath. Bond Commission by Governor. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners of roads and revenues shall be amenable to the grand jury of Twiggs County, and whenever practicable shall carry out the wishes of the people of Twiggs County, as is expressed in the recommendations of said grand jury, and said grand jury of Twiggs County is hereby given the 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 [Illegible Text] misconduct in office, neglect of duty or for other conduct which in their opinion warrants such action; provided, however, that before any commissioner is removed from office by the grand jury he shall be given an opportunity to appear in person or by attorney, or both and be heard in his own behalf. Amenable to grand jury. Removal. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners during their terms of office shall be exempt from road, militia and jury duty. Exemptions. SEC. 8. 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 dollars per annum, payable monthly, and no commissioners serving hereunder shall receive in addition to the compensation above specified more than three days' extra service each month at the rate of two dollars 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 Twiggs. Compensation. SEC. 9. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the power and authority to employ a secretary or clerk

Page 393

(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 compensation shall not exceed twenty-five dollars per month, and whose duties shall be such as are prescribed by the members of said board. It shall also be the duty of said clerk to keep the minutes of each meeting of said board in a substantially bound book provided for said purpose at the county's expense, which shall be opened to public inspection. It shall be the duty of said clerk to be the bookkeeper of said board, and he shall do such other clerical work as shall be necessary in carrying on the work of said office; said board shall make it the duty of said clerk to attend all the meetings of said board, and to keep a full, clear and complete 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 record of all taxes levied and for what purpose, which said book shall plainly show each fund for which taxes are assessed and collected separately. Said board shall also cause to be kept by said clerk a book to be known as Property Book, which shall at all times show a complete inventory of all county property, including all road machinery, live stock, chaingang outfit and equipment, and road working tools, and every other class and kind of property belonging to said county; said book shall also show the place where such property is located or stored and its custodian. Said property book shall be carefully revised once each year at the meeting of said board, and such revision shall show the loss, destruction or deterioration in the value of said property, and its condition and valuation of the same at the time of such revision. Said property book shall be subject to inspection at all times by the public. Said board shall also cause to be kept by said clerk, in a record separate from other financial affairs of the county, an accurate and itemized account of all expenditures applied to the working of [Illegible Text] and for all supplies, and pay of convict warden and guards furnished in behalf of the chaingang of said county; said board shall also keep or cause to be kept in the office of said board a book to be known as Book of Commutation Tax

Page 394

Payers, of said county, which book shall show an accurate list, according to districts, of all persons in said county subject to road duty or commutation tax; provided, however, said list shall show the white and colored commutation tax payers, or persons subject to road duty separately, and that said list shall be carefully revised once each year by said board. Said board shall also cause said clerk to keep a book to be known as a Record of County Vouchers, in which shall be kept a complete record of all warrants or vouchers drawn on the treasurer or county depository 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 the record and the amount of the voucher or warrant; said clerk shall also certify on each voucher or warrant issued by said board the date and fact of its record on said record of county vouchers, and said warrant or voucher shall not be a legal demand on the treasurer or county depository until such certificate of record by said clerk appears thereon. Clerk. Salary. Duties. Records and files. Property book. Open to inspection. Accounts of expenditures, etc. SEC. 10. Be it further enacted by the authority aforesaid, That said board of commissioners shall go over and carefully audit every account, bill or other item of indebtedness which may be presented against said county from any source and approve or disapprove the same; and it shall be necessary for each and every member of said board of commissioners to sign all checks, warrants or vouchers which may be necessary for the payment of all items of indebtedness against said county, and for all appropriations and purchases made and approved by said board, before the same shall become a legal demand upon the county. The Treasurer or County Depository of Twiggs County shall not pay any warrant, check or voucher by said [Illegible Text] unless the same shall have been signed by each of the members thereof, and recorded and certified by the clerk of said board as provided elsewhere in this Act. Provided, however, that in the event of the absence from providential cause, of any member, or from his inability from any other reason to serve, then the absence and the

Page 395

cause of absence of such member shall be certified to by the other members of said board in lieu of his signature on said warrant, check or voucher, and when the ordinary of said county shall approve said certificate then said warrant, check or voucher shall become a legal warrant, check or voucher against said treasurer or county depository of said county, but said ordinary shall receive no compensation whatever for such certificate. Audits. Warrants. Absences. SEC. 11. Be it further enacted by the authority aforesaid, That said board of commissioners shall be required to publish quarterly itemized 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 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. Said board of commissioners is hereby commanded and directed to publish said statements quarterly in the newspaper in which the sheriff's advertisements are published for said county, which said statements shall be verified by the clerk of said board as to their correctness, and said board is authorized and empowered to pay therefor out of any funds of the county a reasonable compensation for such publication, which in no event, shall exceed the sum allowed for legal advertisements. Publication of quarterly reports. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall not contract with any member of said board for any supplies or for any work to be done upon the roads and bridges of said county. Said board shall not hire, employ or contract with anyone related within the third degree of consanguinity or affinity to any member of said board, for county supplies or work to be done upon the roads and 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

Page 396

of the official organ of said county and such other newspapers as is deemed necessary or advisable. Contracts. SEC. 13. Be it enacted by the authority aforesaid, That said board of commissioners shall have the right to secure convicts from other counties under the legal provisions of the State, or to dispose of the Twiggs County convicts in conformity with law, as they may deem necessary and expedient. Said commissioners shall have the right to employ free labor for the purpose of working the public roads and bridges of said county whenever they shall deem it for the best interest of the county, which said free labor shall be under the control of said county board. Said board shall also have the authority to let out by contract to the lowest and best bidder the working and repairing of any part of the public roads of said county, or the building or repairing any public bridge, after the publication of a sufficient notice of said work by inserting said notice in at least four issues of the official organ of said county and such other newspaper as said board may deem necessary for the letting of said contract in which advertisement, the time, place where the bids are to be made, and a sufficient description of the work to be done shall be given as will put bidders on notice of the nature and kind of work that will be expected of them, and when necessary make out detailed specifications for the benefit of the bidder as well as the county; on any contract for work which amounts to more than one hundred dollars, the successful bidder shall be required to give bond in double the amount of his bid for the faithful performance of his contract, which contract and bid shall always be filed in the office of the commissioners and become a part of the records of said office. In all published advertisements for lowest bids for work, said commissioners shall reserve the right to reject any and all bids made, when it should appear that the best interest of the county requires such rejection. Where any expenditure for supplies for the chaingang is made or any other expenditure in excess of one hundred dollars the said county board shall ask for competitive bids, and the lowest and

Page 397

best bidder shall furnish the supplies or other necessities or be awarded the contract as the case may be. Said county board of commissioners shall act as purchasing agent for the convict system. Convicts from other counties. Bids for work. SEC. 14. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby given power and authority to employ and retain a competent attorney at law, whose compensation shall not exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, who shall be a resident of Twiggs County at least two years next preceding the time of his [Illegible Text] to advise said county board concerning all such matters as may come before them pertaining to the duties of said board of commissioners. In addition to the compensation herein provided, said Board of Commissioners of Twiggs County are authorized and empowered to reimburse said attorney 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 any legal matters for said board of commissioners. Attorney at law. Compensation. SEC. 15. Be it further enacted by the authority aforesaid, That said board shall meet at the court house of said county on the first Tuesday in each and every month for the transaction of such business as may come before it; 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 nor contrary to the laws of this State for its own government as it may deem best. Meetings. SEC. 16. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction and control over the following matters, to-wit.: In directing and controlling all the property of the county as they deem expedient and to the best interest of the county, and in accordance with the laws of this State; in levying

Page 398

taxes in accordance to the laws of this State; in establishing, changing or abolishing roads, bridges and ferries, according to law; in establishing, abolishing or changing election precinets and militia districts, in supervising the tax collector's and tax receiver's books, and in allowing the insolvent list of the county of Twiggs, in settling all claims, charges and demands against the said county of Twiggs, in examining and auditing all claims and accounts of officers having the care, keeping and collection or disbursing any money belonging to the county of Twiggs or appropriated for its use or benefit, and bringing all such officers to settlement, in making rules and regulations for the promotion of public health, in electing or appointing all minor officers of said county where an election is not otherwise provided for by law or the provisions of this Act and to have and to exercise control and management over the convicts of said county, according to the laws of this State, and to have and to exercise all the powers as would be vested 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 finance. Jurisdiction of board. SEC. 17. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall within twelve months after assuming the duties of their office have the books and accounts of the tax collector, tax receiver, sheriff, superintendent of public schools and the board of commissioners of roads and revenues hereby created audited by some certified public accountant of this State and same shall be audited once every twelve months for three consecutive years; and once a year thereafter upon recommendation of the grand jury of Twiggs County. Audit of county books. SEC. 18. Be it further enacted by the authority aforesaid, That said board of roads and revenues of said county of Twiggs hereby created, shall as far as practicable, work out an equitable system of rotating the convict gang among the roads of the different militia districts of the county of

Page 399

Twiggs until the public roads in all the districts shall receive their proportionate share of work of the convict gang. Equality in road work. SEC. 19. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues of said county shall cause the convict gang of said county to work all the public streets of the various incorporated towns or municipalities of the said county of Twiggs, which are continuations of the public roads of said county, leading into or through the said incorporated towns or municipalities aforesaid. Street work. SEC. 20. 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, or anyone serving under them or anyone employed or elected by them, to have any financial interest in the sale or purchase of any article sold to or bought 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 anyone whose salary is to be paid from the funds of the county, and upon conviction shall be punished as for a misdemeanor and shall be removed from office and discharged from employment. Financial interest forbidden. SEC. 21. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1915. TWIGGS TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 97. An Act to abolish the office of County Treasurer of Twiggs County, and to provide for the deposit and method of

Page 400

disbursement of the funds of Twiggs County and providing for the manner of appointment of some bank or banks, or person to whom said county funds should be turned over and fixing the compensation, if any, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of March, 1916, the office of County Treasurer of Twiggs County be and the same is hereby abolished. Office abolished March 1, 1916. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the county board of roads and revenues to appoint annually some bank or banks in this State to receive all county funds and disburse same as the law now requires county funds to be disbursed by the county treasurer. Said bank or banks shall give bond in the sum fixed by the county board of roads and revenues in some approved indemnity company and the premium or premiums on said bonds shall be paid by said bank so designated by the county board of commissioners. Said bank or banks shall not receive any commissions or any other compensation for receiving and disbursing county funds. Said bank shall keep all vouchers for sums disbursed on file, subject to inspection by the grand jury and the county board of roads and revenues shall make a report showing receipts and disbursements of county funds twice a year to the grand jury of Twiggs County. Bank depositories. No compensation. Vouchers. SEC. 3. Be it further enacted by the authority aforesaid, That if said county board should fail to get any bank or banks in this State to receive and disburse the funds of said county in accordance with the provisions of this Act, it shall be their duty to appoint some person who is a resident of said county to receive and disburse the funds of said county, whose duty shall be the same as the law now requires of the county treasurer, and said person so appointed shall give bond in some approved indemnity company,

Page 401

said bond to be fixed by the county commissioners and approved by them. The compensation of said person shall be fixed by the said board of county commissioners, but in no event shall it exceed the sum of $250.00 per annum for receiving and disbursing county funds and said salary or compensation shall be paid out of the county funds of said county. Depository in lieu of bank. Compensation. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the county treasurer of said county to turn over all county funds to said bank or banks or persons appointed to receive same as soon as the county board serves notice of said appointment. The said county treasurer shall as soon as said funds are turned over as aforesaid, make a report to the county board showing the receipts and disbursements of the county funds since his last report to the grand jury for which report he shall receive the sum of $5.00, to be paid out of the county funds. After inspection of his vouchers by the next grand jury, it shall be the duty of the county treasurer to turn over all records and vouchers in his office to the clerk of the superior court of said county. Duty of county treasurer. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1915. UNION BOARD OF COMMISSIONERS ABOLISHED. No. 1. An Act to repeal an Act entitled 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, approved August 15th, 1914.

Page 402

SECTION 1. 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 Union and to define their duties and powers and to fix their compensation and for other purposes, approved August 15, 1914, be and the same is hereby repealed. Act of 1914 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all unfinished business pending before said board of county commissioners at the time of the passage of this Act, together with all papers and records in the possession of said commissioners be turned over to the ordinary of said county of Union, and all unfinished business be so turned over to him, be by him concluded. Ordinary to conclude business SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 1, 1915. WALTON COMMISSIONERS CREATED. No. 149. (House Bill 76.) An Act to create the office of commissioners of roads and revenues in and for the county of Walton, State of Georgia; to fix the term of office and time and manner of electing such commissioners and provide for filling a vacancy in such office; to prescribe the qualifications, powers, duties and compensation of such officers; to prescribe the manner and time for this Act to become operative, and provide for an election 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

Page 403

of the same, That the office of commissioners of roads and revenues in and for the county of Walton, State of Georgia, be and the same is hereby created to consist of five persons, who shall be qualified voters of said county and shall be bona fide residents of the commissioner's district for which they are elected and appointed as hereinafter provided. That for the purpose of this Act the said county of Walton shall be divided into five commissioner's districts, to be constituted as follows, to-wit.: The first commissioner's district shall be composed of Buncomb, the 417th militia district, Lindley, the 415th militia district, and Booth, the 1663rd militia district; the second commissioner's district shall be composed of Allen, the 502nd militia district, Broken Arrow, the 416th militia district, and Brooks, the 421st militia district; the third commissioner's district shall be composed of Social Circle, the 418th militia district, Whatley, the 1675th militia district, and Blasingame, the 503rd militia district; the fourth commissioner's district shall be composed of Mountain, the 454th militia district, and Richardson, the 559th militia district; the fifth commissioner's district shall be composed of Town, the 419th militia district, and Brantley, the 250th militia district. The commissioners aforesaid shall have authority, by a majority vote of said board to attach any new militia districts that may be created to any one of the five districts. [Illegible Text] [Illegible Text]. Qualification. Road districts. SEC. 2. Be it further enacted by the authority aforesaid, That such officers shall have the same qualifications as those required of other county officers; and before entering upon the discharge of the duties of said office, said commissioners shall execute a solvent bond, with security, in the sum of ten thousand dollars, payable to the Governor of Georgia, and his successors in office, to be approved by the ordinary of said county, conditioned for the faithful discharge of the duties of said office, and to account for all money, property and effects of said county, which may come into their hands and they shall take and subscribe, in addition to the oath required of other civil officers, the following: I do further swear that I will faithfully and impartially

Page 404

discharge the duties of commissioner of roads and revenues in and for Walton County, Georgia, during my continuance in office, without fear or favor to any person, firm or corporation, and to the best of my ability, so help me God. Bond. Oath SEC. 3. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction over all county matters and shall be invested with all the powers and duties as to the roads and revenues of said county, in levying and collecting taxes and other revenues of the county, and in disposing of said taxes and revenues, which powers and duties have heretofore been legally exercised by the ordinary of said county. Said commissioners shall have exclusive jurisdiction and control over all county property, and over all roads and bridges in said county and they shall be charged with the duty of maintaining and keeping the same in proper condition, and for that purpose they are hereby vested with all the powers necessary thereto as prescribed by law in reference thereto; and they shall be vested with all other powers and duties of an ordinary, under the laws of this State, when sitting for county purposes, and as the same are conferred generally upon county authorities, and shall have exclusive jurisdiction in all subject matters enumerated in Section 4796 of the Civil Code of 1911. Jurisdiction. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioners shall sit as a court for county purposes, and keep a record of such sittings regularly, on the first Monday in each month, at the court house of said county, and shall be vested with the same powers as such court as those now legally exercised by the ordinary of said county; and said commissioners shall keep a correct set of books and other records showing all public moneys and properties received and expended under their direction, showing in itemized form from what sources they were derived and in like manner for what purposes expended, and shall keep a correct record of all transactions in their office; and all such books and records shall be subject to inspection

Page 405

by any citizen of said county at any time, as other books and records of county officers. They shall balance their books once each month, to show the exact amounts of money received and expended by them the preceding month; and they shall submit a proper statement of the transactions of their office to each grand jury of said county. Sessions. Books, records, etc. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioners shall receive in full for their services the sum of three dollars per day, for days actually spent in service of the county, each, per month, to be paid monthly out of the county treasury and upon orders issued. Said amounts when so paid shall be in full for every service rendered by them as said commissioners in and for said county for and during the said terms of their office. The said amounts shall also include all expenses of every kind and nature incurred by them while attending to the business of said county of Walton. Three of said commissioners shall constitute a quorum and must concur to pass any order, or let any contract, pledge the county credit, grant or allow any claim or charge against the county. Pay of commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be a misdemeanor, punishable as prescribed in Section 1065 of the Penal Code, for 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, or the employment of anyone whose salary is to be paid from the county treasury; or to employ any person related to said commissioners within the third degree of consanguinity or affinity, to perform any labor or render any service for said county. Financial interest forbidden. SEC. 7. 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 qualified voters of said county, such election to be held on the 14th day of

Page 406

September, 1915, notice of which election shall be published in the Walton News once a week for two weeks, next prior to said day, and to provide tickets for such election, which tickets shall be in the following forms: For creation of office of commissioners, and Against creation of office of commissioners, and so far as practicable, such election shall be held in the same manner and under the same rules and regulations as elections for members of the General Assembly, and by the same managers and clerks who, on the same day, shall hold an election on the question of ratification of an Act to abolish the City Court of Monroe, in said county, and the expenses of this election shall be paid from the treasury of said county, but such managers and clerks shall not be paid for holding more than one election. Election as to ratification of this Act. SEC. 8. Be it further enacted by the authority aforesaid, That if a majority of the qualified voters voting hereon at said election, shall vote For creation of office of commissioners, then, as hereinbefore provided said office shall be created hereunder and the returns of such election shall be made to said ordinary, who shall determine and declare the result. The said board of commissioners under this Act shall be selected by the grand jury of said county by two-thirds vote at the next regular session of the superior court of said county to be held after the first day of January, 1917 (on which date this Act shall go into effect if ratified as herein provided), and appointed by the Governor as above indicated, and shall serve for a period as follows: two (2) for a term of four (4) years; and three (3) for a term of two years and thereafter shall serve four (4) years. All vacancies which shall occur by death, resignation, removal from the district, or other disability shall be filled by appointment by the judge of the Superior Court of Walton County until the next session of the grand jury of the county, at which time the unexpired term shall be filled by the selection of the grand jury and appointment by the Governor, as above provided. All commissioners shall be commissioned by the Governor of the State upon

Page 407

certificate of their appointment being furnished to him by the clerk of the superior court of said county. Ordinary declares result. Effective 1917. Vacancies, how filled. Commission by Governor. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners to have all of the main streets in the incorporated cities and towns of said county, which are a continuation of the public roads or highways of said county, worked and kept in repair by the county chaingang. Streets. 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 14, 1915. WALTON ORDINARY'S PAY AS COMMISSIONER; REPEALING ACT. No. 274. An Act to repeal an Act entitled An [Illegible Text] to fix the compensation of the Ordinary of Walton County for attending to matters pertaining to roads and revenues in said county; to provide for the payment of the same and for other purposes, approved August 22, 1905; to provide when and on what condition this Act shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and [Illegible Text] is hereby enacted by the authority of the same, That an Act entitled An Act to fix the compensation of the Ordinary of Walton County for attending to matters pertaining to roads and revenues in said county; to provide for the payment of the same, and for other purposes, approved August 22, 1905, be and the same is hereby repealed; provided, however, that this Act shall not go into effect until January 1, 1917, nor shall the

Page 408

same go into effect at all unless House Bill No. 76, to create the office of commissioner of roads and revenues in said county, shall be passed, approved, and ratified by the qualified voters of said county, as herein provided; but in default of such passage, approval, and ratification, this Act shall be of no force or effect whatever. Act of 1905 repealed. Proviso. 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, 1915. WALTON TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 88. An Act to abolish the office of county treasurer in and for the county of Walton; to provide for the disposition of the funds of said county; to define the powers, obligations and duties, and fix the compensation of the holder of such funds; to prescribe the manner in which such office shall be abolished and when this Act shall go into effect, and provide for an election 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 authority of the same, That the office of county treasurer in and for the county of Walton be and the same is hereby abolished; provided, however, that this Act shall not go into effect nor shall said office be abolished until January 1, 1917, nor until this Act shall have been ratified by a majority of the qualified voters of said county, voting thereon in an election hereinafter provided for, the result of which election shall be determined and declared as hereinafter provided. Office abolished after 1916, if this Act ratified.

Page 409

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 qualified voters of said county, such election to be held on the 14th day of September, 1915, notice of which election shall be published in the Walton News once a week for two weeks next prior to said day, and to provide tickets for such election, which tickets shall be in the following forms: For abolishing the office of County Treasurer and Against abolishing the office of County Treasurer, and, so far as applicable, such election shall be held in the same manner and under the same rules and regulations as elections for members of the General Assembly, and by the same managers and clerks, who, on the same day shall hold an election on the question of ratification of an Act to abolish the City Court of Monroe, in said county, and the expenses of this election shall be paid from the treasury of said county, but such managers and clerks shall not be paid for holding more than one election. Election by the people. SEC. 3. Be it further enacted by the authority aforesaid, That if a majority of the qualified voters voting hereon at said election, shall vote For abolishing the office of County Treasurer, then this Act shall go into effect on January 1, 1917, and said office be then abolished, and if a majority of the qualified voters, voting hereon at said election, shall vote Against abolishing the office of County Treasurer, then this Act shall not go into effect and said office shall not be abolished; and the returns of said election shall be made to said ordinary, who shall determine and declare the result. Result SEC. 4. Be it further enacted by the authority aforesaid, That if said office shall be abolished under the terms of this Act, all the funds of said county shall, on January 1, 1917, be deposited with some solvent bank in said State, such bank to be designated by the ordinary of said county and to exercise the same [Illegible Text] and be charged with the same obligations and duties as those now conferred and

Page 410

imposed by law upon county treasurers in said State, including the obligation to execute a good and sufficient bond as now required of such treasurers; and the compensation of such bank for such service shall not exceed the sum of three hundred dollars per annum, to be paid out of the treasury of said county. Bank depository. Powers, duties, bond and compensation. 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, 1915. WARE BOARD OF COMMISSIONERS; REPEALING ACT. No. 18. An Act to repeal an Act to create a board of commissioners of road and revenues for the county of Ware, approved August 19th, 1912, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first of January, 1916, that An Act to create a board of commissioners of road 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, approved August 19, 1912, be and the same is hereby repealed. Act of 1912 repealed after 1915. 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 2, 1915.

Page 411

WARE COMMISSIONER'S OFFICE CREATED. No. 270. An Act to create the office of Commissioner of Roads and Revenues of the County of Ware; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for a clerk for said commissioner; to provide for the proper supervision of his acts and the auditing of his books; to repeal all Acts creating the commissioners of roads and revenues for said county, and all 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 from and after the first day of January, 1916, the county affairs of Ware County shall be [Illegible Text] by a commissioner of roads and revenues, and for that purpose the office of Commissioner of Roads and Revenues of Ware County is hereby created. He, acting in [Illegible Text] with the ordinary and clerk of superior court of said county, shall have such control of the county affairs generally, as is now conferred by law upon the present board of commissioners of roads and revenues of said county, except as especially qualified by this Act. Commissioner to act with ordinary and clerk of superior court. SEC. 2. Be it further enacted, That said commissioner shall be appointed by the judge of the superior court of said county, to serve until the first of January, 1917, and his successor to be elected at the next general election for county officers, to serve for a term of four years, beginning January 1st, 1917. The succeeding term of said commissioner shall be for a period of four years, and shall be elected by the qualified voters of said county at regular elections of county officers. Appointed by judge. Term of office. SEC. 3. Be it further enacted, That the commissioner, before entering on the duties of his office, shall give a bond

Page 412

with good security, approved by the ordinary of said county, in the sum of ten thousand ($10,000.00) dollars, payable to the treasurer of the county and his successor in office, and conditioned upon the faithful discharge of his duties and the carrying out of the provisions of this Act, and for any violation of the conditions thereof, said bond may be sued upon in the name of the county treasurer, whether on his own motion or by direction of said county; and the commissioner and his security shall be liable upon said bond for any breach thereof by way of malfeasance or misfeasance in office. Bond SEC. 4. Be it further enacted, That said commissioner, before entering upon his duties, shall make oath before the ordinary of the county, to faithfully administer all affairs to the best interest of the county. Oath. SEC. 5. Be it further enacted, That the salary of said commissioner shall be fifteen hundred ($1500.00) dollars per annum, to be paid monthly out of the treasury of said county. The grand jury sitting in regular session just before the expiration of term of said commissioner may change the salary of said commissioner, but no change shall be made during the term of a commissioner. Salary. The clerk of said commissioner shall be the clerk of the superior court of said county, whose salary shall be nine hundred ($900.00) dollars per annum to be paid monthly out of the treasury of said county. Clerk. SEC. 6. Be it further enacted, That it shall be unlawful for any candidate for commissioner to enter into any agreement with any person or persons as to the disposal of any work or the purchase of any supplies, or any appointment under his control, and any person so offending shall be ineligible to hold said office. Unlawful agreement. SEC. 7. Be it further enacted, That said commissioner shall select one regular day of each week in which he shall remain in his office for the transaction of public business in connection with his office, and the balance of his working time shall be spent in the personal supervision of laying

Page 413

out road work, bridges, and the inspection of all public property, especially of the measure and delivery of supplies to the convict camp, and the general direction and management of said [Illegible Text] in the most economical manner. The clerk of said commissioner shall keep his office open each day of the week, and make a record of all complaints, and other matters, and call the notice of the commissioner to same. Office day. Inspection, etc. Complaints, etc. SEC. 8. Be it further enacted, That said commissioner shall keep in constant touch with the office of the Director of Public Roads of the United States Department of Agriculture; shall secure, and keep in his office, and familiarize himself with all the free bulletins bearing upon the subject of road building; and it shall be his duty at all times to entertain and discuss suggestions as to road building. Road building. SEC. 9. Be it further enacted, That it shall be the duty of said commissioner, acting with the clerk and ordinary, to supply from the ad-valorem tax for roads, such machinery, mule and gasoline power, and other equipment as shall be necessary to work the public roads of said county in a manner in keeping with the revenue of said county, and serving the greatest number of people in the best manner, and so far as practical, he shall apply each year the amount of money collected in each and every militia district in said county from the commutation tax to the work and repair of the public roads in that particular district from which it was collected. The work may be done by that of the road force, known as the Repair Force, or it may be done by contract with citizens living along or near said road in said districts. Money for supplies. SEC. 10. Be it further enacted, That the first permanent road work under this Act shall be done in that section or sections where it will do the greatest good to the greatest number; and this policy shall be continued in all permanent road work; and the permanent work shall be done in all instances as far as practicable by the working forces in said county, other than of the Repair Force. The commissioner shall apply the most efficient means of keeping in

Page 414

a state of continuous repair, all such permanently constructed mileage, and a part of the commutation road tax may thereafter be used for such purposes, if it shall prove more effective than the yearly repair road work as hereinbefore specified. [Illegible Text] work SEC. 11. Be it further enacted, That said commissioner shall direct his clerk, at the end of each month, to make out a list of all expenditures during the month for which warrants have been issued, signed by the clerk and the ordinary and numbered, and the names to whom issued, and for what issued, and publish the same in the official newspaper of said county. Publication of expenditures. SEC. 12. Be it further enacted, That said commissioner, at the end of each quarter, shall make out an itemized account of all the transactions of his office, stating the amount of money or moneys received, and from what source; the amount of money or moneys expended, and for what purpose, during that quarter, and publish the same in the official organ of said county. He shall undersign each quarterly statement so published under oath, as follows: I,....., Commissioner of Roads and Revenues of Ware County, do solemnly swear that the above is a full and true statement of the monetary transactions of this office for the quarter ending....., and that I have not received any rebates or drawbacks, nor have I personally profited or known of any illegal personal profit to anyone whomsoever through any transaction of this office. Signed,...... Publication of itemized account. Oath. SEC. 13. Be it further enacted, That it shall be a misdemeanor for the commissioner, clerk or ordinary, or anyone employed by either of them, to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery or mules, or anything for said county. Financial interest forbidden. SEC. 14. Be it enacted, That it shall be the duty of said commissioner to see that his clerk make out and keep in his office a list of all persons in Ware County subject to

Page 415

the commutation tax, arranged according to militia districts in which they live, and it shall be the duty of said commissioner to collect this commutation tax from all persons subject to said tax, and the funds received from this source shall be kept separate from all other funds and distributed as prescribed by this Act. Commutation tax. SEC. 15. Be it further enacted, That it shall be the duty of said commissioner, [Illegible Text] in conjunction with the clerk and ordinary of said county, to hold court on the first and third Tuesdays in each month for court purposes, in which all defaulters shall be tried, and in which all matters shall be heard, which by law, come under the jurisdiction of said commissioner. Court to try defaulters. SEC. 16. Be it further enacted, That in case of a vacancy in the office of commissioner, by reason of death or otherwise, the ordinary of said county shall serve as his successor until a successor is elected and qualified; such vacancy shall be filled by a special election called by the clerk of the superior court of said county, and held within thirty days after said death, resignation, or other cause bringing about such vacancy. Vacancy in office. SEC. 17. Be it further enacted, That the grand jury [Illegible Text] at the first regular term in each year, shall appoint two or more auditors to audit the books, accounts and warrants of said commissioner, clerk, and ordinary. Said auditors shall have power to examine, upon oath, said commissioner, clerk, and ordinary, relative to any account, item or warrant, or transaction in connection with said commissioner's office. Said auditors shall perform their duties as herein prescribed and make a report of their findings to the judge of the superior court of said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid them for their services. Audit of books. SEC. 18. Be it further enacted, That it shall be the duty of the grand jury to enquire into the official acts of said

Page 416

commissioner, and if any grand jury of said Ware County shall find by a two-thirds vote, that the commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient or that he has wrongfully or fraudulently conducted the affairs of his office, or that he is otherwise unqualified to manage the affairs of the office, the grand jury so finding shall declare said office vacant and the clerk of the superior court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. Said deposed commissioner shall have a right, however, to be a candidate, and if he shall receive a majority of votes polled in said election he shall again take up the duties of said office. If he does not receive the majority, however, of the voters so polled, the candidate so receiving the majority of votes shall at once qualify and take up the duties of said office. All rules and regulations governing regular county elections shall govern all regular and special elections under this Act. Grand jury to inquire. SEC. 19. Be it further enacted by authority aforesaid, That the term of office of said commissioner shall be for a period of four years, and until his successor is elected and qualified. Term of office. SEC. 20. Be it further enacted, That this Act shall become effective and operative on the first day of January, 1916. Act effective 1916. SEC. 21. Be it further enacted, That the solicitor of the City Court of Waycross shall act as attorney for said commissioner, and for all other county officials, and shall be paid out of the county treasury, in addition to his regular salary, an additional sum of one hundred ($100.00) dollars per year. Solicitor of city court as county attorney. SEC. 22. Be it further enacted, That the ordinary of said county of Ware shall be paid for his services, in acting in conjunction with the said commissioner, the sum of three hundred ($300.00) dollars per annum, said sum to be paid out of the county treasury. Ordinary's pay.

Page 417

SEC. 23. Be it further enacted, That said commissioner, acting in conjunction with the clerk and ordinary, shall constitute a purchasing board for said county, but the said commissioner, however, shall have the right and power to purchase such provisions and repairs to be used in connection with his work as are necessary for immediate use, but bills for same, as well as all other county bills, shall be submitted to the clerk and ordinary when meeting with said commissioner in regular semi-monthly sessions, as provided in this Act. Purchasing board. SEC. 24. Be it further enacted, That said commissioner, by this Act, is empowered with authority to plan, lay out, superintend and construct all public roads and bridges, but the same shall be done in conformity with Section 10 of this Act. Roads and [Illegible Text] SEC. 25. Be it further enacted, That all Acts, and amendatory Acts creating and regulating a board of commissioners for Ware County, and defining powers and duties thereof, are hereby repealed after January 1st, 1916. Repeal of former Acts. SEC. 26. All laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 16, 1915. WARE TREASURER'S SALARY FIXED. No. 123. An Act to pay the Treasurer of Ware County a salary of $200.00 in lieu of all fees and commissions now allowed by law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1917, the Treasurer of Ware County shall be paid out of the

Page 418

county treasury a salary of $200.00 per annum in lieu of all fees and commissions now allowed by law. Salary $200 a year after 1916 SEC. 2. Be it further enacted, That immediately upon the passage of this Act the Treasurer of Ware County shall be required to furnish a surety bond in the sum of $25,000, conditioned for the faithful performance of his duties, and for the proper accounting of all moneys coming into his possession as treasurer of and belonging to the county of Ware. Said bond to be approved by the Board of County Commissioners of Roads and Revenues of Ware County, or the Ordinary of Ware County in the event there should be no board of roads and revenues and county commissioners of the said county of Ware. Bond. 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 13, 1915. WARREN TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 34. An Act to abolish the office of County Treasurer of Warren County; to provide for the disposition of the books, papers, and other property and business of said office, and for other purposes; to provide for the handling of the county funds by the county commissioners, and for other purposes; and further to provide that this Act shall not go into effect until January 1st, 1917. SECTION 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 County Treasurer of Warren County be and the same is hereby abolished. Office abolished.

Page 419

SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all books, papers, records and other property and business of the said office of County Treasurer of Warren County shall be delivered to and disposed of by the county commissioners of said Warren County upon and after the termination of the present term of office of the County Treasurer of Warren County. Books, papers, etc. 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 County Commissioners of Warren County shall, on the first regular meeting in January of each and every year, or as soon thereafter as practicable, select some chartered bank or trust company located in Warren County, to act as a county depository for the purpose of handling and paying out, and otherwise disposing of all county funds and for the performance of the duties now performed by the County Treasurer of Warren County as shall be required of them by said commissioners. Said bank or trust company shall be required to give bond in the sum of not less than twenty thousand dollars, and not more than forty thousand dollars, for the faithful performance of their duty, and where said bond is given in some regular bonding company, the premium thereon shall be paid by the county commissioners out of any county funds available therefor, but no other compensation shall be allowed. Such county depository shall be chosen annually, as is herein provided or more often, upon a failure or refusal to perform the duties of said position by anyone so chosen. All county warrants and disbursements shall be drawn on and paid by such county depository instead of the County Treasurer, as is now done. If no chartered bank or trust company shall qualify and act hereunder then, and in that event, said county commissioners may select some individual person to perform all the duties `now performed by the county treasurer under such regulations and provide such compensation as they shall deem proper. Bank depository. Bond Premium. When chosen. Warrants. Person in [Illegible Text] of bank.

Page 420

SEC. 4. This Act shall not become effective and operative until on and after January 1st, 1917. 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 6, 1915. WASHINGTON COUNTY ATTORNEY, SOLICITOR OF CITY COURT DESIGNATED AS. No. 239. An Act to provide that the Solicitor of the City Court of Sandersville, Washington County, shall be ex-officio county attorney for the county of Washington; to prescribe his duties as such, and for 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 January 1st, 1916, that the Solicitor of the City Court of Sandersville, Washington County, shall be, by virtue of his office as such solicitor, the county attorney for the county of Washington. Solicitor to be county attorney. SEC. 2. Be it further enacted by the authority aforesaid, That as such county attorney it shall be his duty to represent the county in all litigation in which the county may be a party and to advise the corporate authorities of said county upon all matters of law when called upon by them, and to do and perform all other services of a legal nature as may be prescribed by the board of roads and revenues of said county. Duties. SEC. 3. Be it further enacted by the authority aforesaid, That for the services herein required he shall receive no other compensation than such as is paid or may be paid as Solicitor of the City Court of Sandersville. No further compensation.

Page 421

SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. WASHINGTON TREASURER'S OFFICE ABOLISHED. No. 128. An Act to abolish the office of county treasurer for the county of Washington, and for 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 January 1st, 1917, that the office of county treasurer for the county of Washington be and the same is hereby abolished. Office abolished SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. WAYNE COMMISSIONERS FROM ROAD DISTRICTS. No. 273. An Act to provide for the establishment and laying off five road districts in the county of Wayne, and provide that commissioners of roads and revenues be elected from each of said districts, and to further provide that all money derived from taxation for public road purposes in said district, as laid off, to be expended on the public roads, and for other purposes.

Page 422

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act that the district known as the Jesup District, in the county of Wayne, and the district known as the Gardi District, in said county, be consolidated together as one road district in said county, and to be known and distinguished as Road District Number One. Road District No. 1. SEC. 2. Be it further enacted by authority aforesaid, That the district known as the Odum District and Madray District in said county of Wayne, be and the same are hereby consolidated together in one road district, to be known as Road District Number Two. Road District No. 2. SEC. 3. Be it further enacted by the authority aforesaid, That the districts known as the Mt. Pleasant District, Waynesville District, and Atkinson District in said county of Wayne to be consolidated together as one road district, and to be known as Road District Number Three. Road District No. 3. SEC. 4. Be it further enacted by authority aforesaid, That the districts known as Hortense District, Scriven District and Rich District be and the same are hereby consolidated together and known as one road district in said county of Wayne, and to be known as Road District Number Four. Road District No. 4. SEC. 5. Be it further enacted by authority aforesaid, That the districts known as the Lullaton District, Nahunta District and Hickoz District be consolidated together as one road district in said county, and to be known as Road District Number Five. Road District No. 5. SEC. 6. Be it further enacted by authority aforesaid, That at the next general election to be held in and for said county of Wayne, there shall be elected five commissioners of roads and revenues in and for said county, one of whom shall be elected from district laid off, known and distinguished as District Number One; one of whom shall be elected from district laid off, known and distinguished as District Number Two; one of whom shall be elected from

Page 423

district laid off, known and distinguished as District Number Three; one of whom shall be elected from district laid off, known and distinguished as District Number Four; one of whom shall be elected from district laid off, known and distinguished as District Number Five. Each of which shall hold his office for a term of four years or until his successor shall be elected and qualified. Election of commissioners. SEC. 7. Be it further enacted by the authority aforesaid, That said county commissioners of roads and revenues shall be elected by the qualified voters of the county of Wayne, but each road district shall have the right, by a majority vote of the qualified voters thereof, to nominate a resident of said district to be voted for by the voters of said county in the election for commissioners, as aforesaid. Nomination in each district. SEC. 8. Be it further enacted by authority aforesaid, That said county shall be subdivided into five road districts and that when the same is laid off, all taxes derived for public road purposes therein, either by levy or taxation, or by commutation of road tax, said money shall be expended on the several public roads in said district where the same is levied and collected. Taxes, how expended. SEC. 9. Be it further enacted by authority aforesaid, That the clerk of the court of county commissioners of roads and revenues in and for said county shall keep a wellbound book, and each and every kind of property, and every person subject to road duty in the several districts of said county designated as one, two, three, four and five, shall be kept separate and apart from each other and the amount of road tax, either by assessment or by levy or by commutation, of each individual shall be entered in said book, where the same was collected, shall be by the county commissioners of roads and revenues expended on building and keeping in repair the public roads in the road district where the same was collected. Clerk. Road tax. SEC. 10. Be it further enacted by authority aforesaid, That it shall be the duty of each commissioner to superintend, lay out, and provide for repairing the public roads in

Page 424

his respective district as may become necessary to keep said roads in good condition, and that his fee for service rendered shall not exceed two dollars per day, an account of which shall be made out, sworn to and rendered to the balance of said board for payment. Road work. Commissioner's pay. SEC. 11. Be it further enacted, That it shall be the duty of each county commissioner of roads and revenues of his respective district to collect such tax as may be levied as commutation tax, where each and every individual subject to road duty and to receive as compensation ten per cent. of the amount collected by him and to make out a full and just account to the board of county commissioners of all his acts and doings, and render to said board the names of each and every individual paying in money or work in lieu thereof, also a list of names to each and every individual who has refused to pay said tax in money or work as provided by law. Commutation tax. SEC. 12. Be it further enacted, That the mode and manner of levying or assessing road taxes as now provided by law in said county, shall in no wise be changed by the adoption of this Act. Road taxes. SEC. 13. Be it further enacted by authority aforesaid, That the residents of incorporated towns or cities in said county shall not be required to work the public road of said county or pay the commutation tax, should they pay a similar tax in some incorporated town or city in said county. Residents of towns. SEC. 14. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 425

WAYNE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 269. An Act to abolish the office of County Treasurer of Wayne County, and to provide in what manner the funds of said county shall be disbursed by the selection of a bank as a depository and to handle the funds belonging to said county and to pay same out on county vouchers; to provide for said bank to give bond, and for other purposes. SECTION 1. Be it enacted, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the 1st of January, 1916, the office of County Treasurer of Wayne County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office abolished after 1915. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said Wayne County shall, by a majority vote taken among themselves, when a full board is present, select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Banks as depositories. SEC. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories, and disbursing agent or agents, shall receive no compensation for acting as such, but said commissioners shall, if possible, get such bank or banks to pay said county for the privilege of acting as such depository and disbursing agent. No compensation. SEC. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said commissioners, with securities to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and for the

Page 426

sum of forty thousand dolalrs, to be approved by the county commissioners. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Lien. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties. 1. To pay, without delay, when in funds, all orders issued by said commissioners or by their authority, according to the dates of such orders. 2. To take a receipt on each order when paid and carefully file it away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom, and on what account; and all amounts paid out, stating when paid, to whom, and on what account. 4. To keep a well-bound book, in which shall be entered a full description of all county orders or other form of indebtedness, as they are presented; and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority, from time to time, to prescribe other reasonable duties and regulations for the government of said depositories and

Page 427

disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those provided for in this Act. Other duties. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given on or before the first day of January, 1916, when the county treasurer of said county then in office shall on the day this Act shall go into effect, deliver to such depository or depositories as he may be directed by said commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners all records, books and papers that he may have pertaining to his office. Disbursing agent. Treasurer's duty. SEC. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent, or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depository and disbursing agent. Depository in adjoining county. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case, at the time of making the appointment, the length of time during which such bank shall act as such depository or disbursing agent, not exceeding twelve months. Term not over a year SEC. 10. Be it further enacted by authority aforesaid, That all said depositories and disbursing agents shall be liable both civilly and criminally, just as county treasurers are liable, for any nonfeasance or malfeasance of duty, and said commissioners shall have the right to proceed against such depositories and disbursing agents and the securities on their bonds as county treasurers and the securities on their bonds may now be proceeded against in case of non-feasance or malfeasance in the conduct of their office, and

Page 428

the tax collector is hereby required to turn over all funds when collected to said depository. Liability civil and criminal. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. WHEELER BOARD OF COMMISSIONERS ABOLISHED. No. 205. An Act, to repeal an Act to provide for the creation of county commissioners in Wheeler County; to define their duties and powers; to provide for their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act to provide for the creation of county commissioners in Wheeler County; to define their duties and powers; to provide for the compensation, and for other purposes; approved August 19th, 1913, and published in the Acts of the General Assembly of the year 1913, page 459; be, and the same is, hereby repealed. Act of 1913 repealed. SEC. 2. Be it enacted by the authority aforesaid, That the provisions of the above and foregoing bill shall not go into effect until an election has been called by the ordinary of the county of Wheeler, as hereinafter provided. Not effective unless so voted. SEC. 3. Be it further enacted, That the Ordinary of the County of Wheeler shall, on the first Wednesday in October, 1915, next, call an election in each precinct in the county of Wheeler, which election shall be held under the same rules and regulations governing the general election in said State, and at which election all the qualified voters of said county

Page 429

of Wheeler shall be entitled to vote. At said election the tickets to be voted shall be as follows: For the repeal of the Act creating county commissioners in Wheeler County, and Against Act repealing creation of County Commissioners of Wheeler County. Those desiring to vote for the repealing of the Act creating the County Commissioners of Wheeler County, shall vote the ticket on which shall be written For the repeal of the Act for the creation of County Commissioners of Wheeler County. Those voting against the repeal of said Act, shall vote the ticket on which shall be written or printed, Against repeal of Act to provide for the creation of county commissioners in Wheeler County. Election by the people. SEC. 4. Be it further enacted by the authority aforesaid, That the returns from said election shall be made to the Ordinary of the County of Wheeler by twelve (12) o'clock, noon, on the day following the said election, and he shall declare the result of said election, and if a majority of the votes shall be for the repealing of the Act creating the Board of County Commissioners of Wheeler County, provisions of this Act shall immediately go into effect, providing however, that if a majority of the voters of said county, as shown by said returns, shall be against a repeal of the Act for the creation of the county commissioners in Wheeler County, then, the provisions of this Act shall not go into effect. Returns and result. SEC. 5. Be it further enacted by the authority aforesaid, That the provisions of a bill creating a board of one (1) commissioner in the county of Wheeler, and prescribing his powers and duties, shall not go into effect until this Act has been ratified by the qualified voters of said county. Act of August 9 [Illegible Text] SEC. 6. Be it further enacted by the authority aforesaid, That in lieu of Section 2 of this Act, Section 2 and each section thereafter shall be consecutively numbered. Section numbers. SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 430

WHEELER COMMISSIONER'S OFFICE CREATED. No. 67. An Act to create a commissioner of roads and revenues in and for the county of Wheeler; to provide for the election of said commissioner; who shall be said commissioner until his successor shall be elected and qualified; to prescribe his term of office, his duties, fix his salary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be created a commissioner of roads and revenues in and for said county of Wheeler; to be known as the Commissioner of Roads and Revenues of Wheeler County. That the commissioner of roads and revenues until January 1st, 1918, or until his successor is elected and qualified, is to be D. R. Jackson, now of Alamo, Ga., Wheeler County, and that the said D. R. Jackson, upon the passage of and approval of this Act, is hereby appointed the sole Commissioner of Roads and Revenues of Wheeler County, to hold the said office until January 1st, 1918. Commissioner designated. Term of office. SEC. 2. Be it further enacted by authority aforesaid, That at the general election held in 1917 there shall be elected a successor to D. R. Jackson, who shall hold his term as commissioner of roads and revenues for the period of four years, and that the term of office of all commissioners of roads and revenues elected under the authority of this Act shall be for a term of four years, or until their successor is elected and qualified. And in case of death of the commissioner before his term of office expires, or of resignation or from vacancy from any other cause, it shall then be the duty of the Ordinary of Wheeler County to appoint a commissioner of roads and revenues for the term of sixty days; and at the same time of appointing a Commissioner of Roads and Revenues of Wheeler County, the ordinary

Page 431

shall call and publish a special election to be held by the voters of said county, qualified to vote for members of the General Assembly, to determine who the county commissioner of roads and revenues shall be to fill the unexpired term. The Ordinary of Wheeler County to declare the result of the election. Be it further enacted, That the said regular and special elections of a Commissioner of Roads and Revenues of Wheeler County shall be held at the same places, under the same rules and regulations and by the same election managers as all county officers are elected. Election of successor. Term of office. Vacancy in office. Special election. SEC. 3. Be it further enacted by authority aforesaid, That the Commissioner of Roads and Revenues of Wheeler County provided for under this Act shall always before entering upon his duties as such, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues of Wheeler County, and will to the utmost of my knowledge, skill and ability, endeavor to promote the welfare and prosperity of the entire county, and will do so without fear, favor or affection. Oath. SEC. 4. Be it further enacted by authority aforesaid, That said commissioner of roads and revenues during his term of office shall be exempt from militia, road and jury duty. Exemptions. SEC. 5. Be it further enacted by authority aforesaid, That the commissioner serving under this Act shall receive as compensation for his services the sum of twelve hundred dollars per annum, and actual expenses of maintenance and travel when away from his home on the business of his office. Said salary to be paid monthly by vouchers drawn by the Commissioner of Roads and Revenues of Wheeler County on the treasurer of said county for $100.00. And the Commissioner of Roads and Revenues of Wheeler County shall give bond in the sum of three thousand dollars, payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of his

Page 432

duties as such commissioner, which said bond shall be approved by the ordinary of said county. Salary. Bond. SEC. 6. Be it further enacted by authority aforesaid, That the Commissioner of Roads and Revenues of Wheeler County shall have the power and authority to employ a secretary, whose duties shall be such as are prescribed by the commissioner then in office and appointing him. The said secretary to receive as compensation for his services the sum of $300.00 per annum, to be paid by monthly vouchers drawn by the commissioner of roads and revenues of said county, $25.00 each. Secretary. Salary. SEC. 7. Be it further enacted by authority aforesaid, That the Commissioner of Roads and Revenues of Wheeler County shall have general supervision and management of all property and funds of the county, and that the said commissioner shall have all authority over determining road matters of said county that were previously granted to and vested in the ordinary of said county. That the commissioner of roads and revenues shall have the authority to open up public roads, erect bridges across streams whenever he deems the same necessary for the advancement of said county. Powers of commissioner. Roads and bridges. SEC. 8. Be it further enacted by the authority aforesaid, That the commissioner of roads and revenues of said county shall have the power and authority to let out sections of the public roads or bridges or buildings of said county to be built and worked by contract; and that no contract be let to any person except a resident of Wheeler County. Contracts for work. SEC. 9. Be it further enacted by authority aforesaid, That the Commissioner of Roads and Revenues of Wheeler County shall have authority to equip and maintain a chaingang in and for said county of Wheeler, according to the laws of said State for the purpose of working on and building roads and bridges for said county. Chaingang. SEC. 10. Be it further enacted, That the Commissioner of Roads and Revenues of Wheeler County shall have power

Page 433

and authority and it shall be his duty upon assuming the duties of his office to appoint a county attorney for the said county of Wheeler. Said attorney need not be a resident of Wheeler County. But must be a regularly licensed lawyer and practicing within the State of Georgia, and that the said attorney at law to receive for his services a salary of $300.00 per annum, to be paid by monthly vouchers drawn by the commissioner of roads and revenues of said county. And that the said attorney appointed by the commissioner shall hold his office for the term of one year and shall attend every monthly hearing of said commissioner and shall attend to and represent the county in all matters that require the skill of an attorney at law. County attorney. [Illegible Text] Term one year. SEC. 11. Be it further enacted by authority aforesaid, That the Commissioner of Roads and Revenues of Wheeler County shall make a report of all of his actings and doings as Commissioner of Roads and Revenues of Wheeler County and the financial standing of the county every three months in the official publication of said county. Said statement to cover all moneys received and all [Illegible Text] expended by him as such officer and for what purposes. Report to be published. SEC. 12. Be it further enacted by authority aforesaid, That said commissioner of roads and revenues shall have exclusive jurisdiction and control over the following matters: In directing and controlling all the property of the county as he may deem expedient, according to law; in levying taxes, both road and ad valorem, according to law; in establishing, altering or abolishing roads, bridges and ferries according to law; establishing, abolishing or [Illegible Text] election precincts and militia districts; in supervising the tax collector's and tax receiver's books, 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 case of management, keeping, collecting or disbursing of any money belonging to the county or appropriated for its use or benefit, and bringing them to settlement; in making rules and regulations for the support of the poor of said county; in making of rules and

Page 434

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 to 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 county purposes in the absence of this Act; and to exercise such other powers as are granted by law or as are indispensable to his jurisdiction over county matters and county finances. And the commissioner shall have an office in the court house of said county, and shall attend to and have no other business during his term of office; and shall hold a public meeting on the first Monday in each month to give all parties interested in county matters a hearing, and this first Monday in each month shall be the regular terms of the commissioner of roads and revenues court. [Illegible Text]. Office. Hearings. SEC. 13. Be it further enacted by the authority aforesaid, That said commissioner shall have the authority to elect a superintendent of roads and bridges for said county; said superintendent shall be a man with experience in road building and shall receive such compensation as shall be fixed by said commissioner not to exceed the sum of eighteen hundred dollars per annum; said superintendent shall devote his entire time to the performance of his duties as such superintendent and shall not engage in any other business, trade or profession while acting as such superintendent; for inefficiency or neglect of duty he shall be subject to removal in the discretion of said commissioner; before entering upon the performance of his duties he shall give bond with good security to be approved by said commissioner, in the sum of five thousand dollars, conditioned for the faithful performance of his duties as such superintendent, said bond to be payable to said commissioner 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

Page 435

shall be such as are prescribed by said commissioner and not inconsistent with the law. Superintendent of roads and bridges. Salary. Bond. Oath. SEC. 14. Be it further enacted by the authority aforesaid, That said commissioner within twelve months after assuming the duties of his office shall have all books and accounts of the tax collector, treasurer, sheriff and of the commissioner herein created audited by some certified public accountant, and a like audit shall be had at least once every two years thereafter, and said commissioner is hereby empowered to make such contracts as may be necessary in order to carry out the purpose of this section. Audit of books and accounts. SEC. 15. Be it further enacted by the authority aforesaid, That said commissioner 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 the roads of said county, in lieu thereof; provided, however, that said commutation tax shall not exceed three dollars or ten days' work on the roads of said county in lieu thereof, and in trying all road defaulters in accordance with law. Said commissioner shall expend each year in each district an amount equal to or proportionate to that collected as a commutation tax for such year in said district. Commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. WHITE BOARD OF COMMISSIONERS CREATED. No. 266. An Act to create a board of county commissioners of roads and revenues for the county of White; to provide for the election of said board; to provide for the election of

Page 436

their successors; to provide for the terms of office; to provide for the election of a clerk for said board; to provide for his removal; to provide for the appointment of a road supervisor or road engineer and for his compensation; to provide for the election of an attorney for said board and for said county and to provide for his compensation out of the county funds; to provide for the filling of the vacancies on said board and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be a board of commissioners of roads and revenues for the county of White in said State of Georgia, to consist of three members, one of whose term shall be for one year, one for two years and one for three years, who shall be elected by the grand jury for the county of White at the October term next of the superior court of said county, and said members as elected shall enter upon the discharge of their duties on the first day of January, 1916, at which time said board shall be organized, and upon the expiration of each term of office of the commissioners so elected, the grand jury of White County shall annually thereafter elect one commissioner. Board of three. Terms of office. Elected by grand jury. SEC. 2. Be it further enacted, That the grand jury so electing the member or members of said board shall in no event elect as a member of said board any person on the grand jury at the time at which said election is had. SEC. 3. Be it further enacted, That a quorum of said board shall consist of not less than two members of said board, save only where as many as two of said members are out of the county or disabled or disqualified; then, and in that event, the one commissioner who is at the time in said county and is not disqualified may perform the duties of said board so long as said conditions shall exist, but no longer. Quorum.

Page 437

SEC. 4. Be it further enacted, That when a vacancy by death or resignation shall occur on said board, that fact shall be certified to the judge of the superior court by the other members of said board, and such judge of the Superior Court of White County shall fill said vacancy or vacancies by appointment and the person or persons so appointed shall hold office until the next meeting of the grand jury of White County, and said vacancy or vacancies shall be filled by the grand jury, and the person or persons so appointed by the grand jury shall hold for the unexpired term or terms of the office of the member or members dying or resigning, as herein provided. Vacancy in office. SEC. 5. Be it further enacted, That the compensation of said commissioners shall be the same as the jurors receive in said county, and that of the clerk shall be fixed by said board. Compensation. SEC. 6. Be it further enacted, That said board shall have power to and it shall be their duty to employ a suitable and competent road supervisor, who shall be an engineer, whose duties it shall be to relay all roads where a change is ordered or a new road is to be laid out or constructed, and to supervise the construction thereof; that his compensation shall be fixed by said board. Supervisor of roads. SEC. 7. Be it further enacted, That said board of commissioners shall have under the laws of this State and this Act, exclusive jurisdiction in White County over the following matters: Jurisdiction of the board. 1. In managing and controlling the county property. 2. In levying a general tax and a specific or special tax for county purposes and all taxes that may and can constitutionally be levied. 3. In establishing, changing and abolishing roads and bridges, ferries and opening private ways and establishing or changing election precincts. 4. In examining, auditing and allowing and settling all claims against the county.

Page 438

5. In examining and auditing all accounts of all officers having the care, collection or disbursement of any money of the county, and bring them to a settlement with the county, and to this end they are clothed with the power to issue executions in favor of the county against any such officer who fails, refuses or neglects to settle with said county. 6. In providing for the support of the poor and in the promotion of health and its preservation. 7. In regulating peddling and fixing the license therefor. 8. In leasing or otherwise disposing of the county chaingang or misdemeanor convicts, and provide for the management of such chaingang when employed by said county in a just and humane manner. SEC. 8. Be it further enacted, That the members of said board shall have power to administer and attest oaths, except where it is the beginning of a judicial proceeding. Oaths. SEC. 9. Be it further enacted, That the commissioners shall also be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested, and they may sell and convey property so purchased, when, in their judgment, the interest of the county demands it. Purchases of property. SEC. 10. Be it further enacted, That the board shall hold monthly meetings on the first Wednesday in each month at the court house, and a majority of the members shall attend said meetings save for unavoidable cause; provided, call meetings may be held when necessary. Meetings monthly. SEC. 11. Be it further enacted, That no money shall be paid out or used, except by authority of said board of commissioners. Payments. SEC. 12. Be it further enacted, That said board of commissioners shall elect a clerk of said body who shall not be the ordinary nor the clerk of the superior court, whose duty it shall be to keep a record of all the proceedings in a well bound book, which shall be submitted to the grand jury at

Page 439

each term of the superior court and shall be open always to the inspection of the citizens of the county or the public generally. Clerk. Record open to inspection. SEC. 13. Be it further enacted, That said board shall be known and styled the board of commissioners of roads and revenues. Board styled. 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 16, 1915. WHITFIELD TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORY PROVIDED. No. 238. An Act to abolish the office of County Treasurer of Whitfield County, and providing the manner of appointment of some bank or banks, or person to whom said county funds shall be turned over and prescribing the duties of said bank or banks or person in receiving and disbursing county funds and fixing compensation, if any, and for 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 passage of this Act the office of County Treasurer of Whitfield County be and the same is hereby abolished, to take effect upon the date hereinafter provided. Office abolished after 1916 SEC. 2. Be it further enacted by authority aforesaid, That it shall be the duty of the commissioners of roads and revenues for said county to appoint on the first Tuesday of December annually some bank or banks or bankers

Page 440

in said Whitfield County to receive all county funds and disburse same as the law now requires county funds to be disbursed by county treasurer. Provided, said commissioners shall designate only such bank or banks after competitive bids as will comply with all the provisions of this Act and will pay the highest rate of interest for the county funds so deposited, which interest shall be computed from the average monthly balance of said deposit. Said bank or banks shall give good and sufficient bond in such sum as may be fixed by said commissioners of roads and revenues and in some approved indemnity company, and the premium or premiums on said bond or bonds shall be paid out of county funds. Said bank or banks shall not receive any commission or any other compensation for receiving and disbursing county funds, and said bank shall keep all vouchers for sums disbursed on file, subject to inspection by the grand jury or its agent, and ordinary and commissioners of roads and revenues, and their agents, and shall make a report showing receipts and disbursements of county funds to the grand jury at April and October terms of superior court of said county each year. Banks as depositories. Interest on balances. Bond and premium. No compensation. Vouchers. SEC. 3. Be it further enacted by authority aforesaid, That if said commissioners of roads and revenues should fail to get any bank or banks in Whitfield County, to receive and disburse the funds of said county in accordance with the provisions of this Act, or, if for any reason the county board declines to accept the bids of any or all banks, then it shall be their duty to appoint some person who is a resident of said county to receive and disburse the funds of said county, whose duty shall be same as the law now requires of county treasurer, and who shall give bond fixed by the said commissioners of roads and revenues and approved by them. The compensation of said person so appointed shall be fixed by the said commissioners, and shall not be greater than the sum of one hundred and fifty dollars ($150.00) annually for receiving and disbursing county funds, and said salary or compensation shall be paid out of the county funds of said county. Depository in lieu of bank. Compensation.

Page 441

SEC. 4. Be it further enacted by the authority aforesaid, That this law shall take effect from and after the termination of the term of office of the present Treasurer of Whitfield County, to-wit.: December 31st, 1916, and the retiring county treasurer shall turn over to such bank or person as may be designated under the provisions of this Act all county funds which he may have in his charge, and the said retiring county treasurer shall make a report to the Commissioners of Roads and Revenues of Whitfield County, showing all receipts and disbursements of county funds since his last report to the grand jury, and the commissioners of roads and revenues may authorize payment to him of a reasonable sum for making said report, but said treasurer, however, shall not be entitled to any commissions for turning over the funds as aforesaid. This law effective when. Treasurer's duty. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. WILKES DEPOSITORY OF COUNTY FUNDS. No. 194. An Act to provide for the method of handling the county funds heretofore disbursed by the County Treasurer of Wilkes County; to vest in the Ordinary of Wilkes County the authority to provide what authority shall be used in receiving and disbursing county funds; what compensation, if any, shall be paid therefor; what interest, if any, shall be charged such agency for the use of county funds while on deposit, and to do any and all such things as may be necessary in the handling of county funds, for providing the supervision of said agency

Page 442

and fixing the requirements therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same, That the Ordinary of Wilkes County is hereby authorized and required to select a depository for all funds of the county of Wilkes, and the depository so selected shall receive all funds due to the county, and it shall pay out these funds of the county on warrants drawn by the proper officers and said depository shall have the right to refuse to pay warrants if same are illegally or wrongfully drawn; it shall discharge the duties of county treasurer and be entitled to all the rights of county treasurer except it shall not be entitled to receive any fees now allowed by the laws of Georgia to county treasurers for receiving or paying out county funds. Depository to be selected by the ordinary. Warrants. Duties. SEC. 2. Be it further enacted by the authority aforesaid, That if a vacancy should occur in the office of Treasurer of Wilkes County before January 1st, 1917, the ordinary of said county is hereby authorized, instead of calling a special election to fill said vacancy, to immediately advertise for bids for a county depository as hereinafter set out; and in the interim is to take charge of all county funds. The Ordinary of Wilkes County is hereby authorized and required at the December term of the court of ordinary, next following the general election held on the Tuesday following the first Monday in November, to receive proposals from any bank, banker or trust company, located at the county site of said county that may desire to be selected as the agency and depository of the county funds. Notice that such bids shall be received shall be published by the ordinary once a week for two weeks before the term of his court, at which bids are to be received, in some newspaper published in Wilkes County, and in addition thereto, notice shall be posted at the court house door fifteen (15) days before said term. Any bank, banker or trust company located at the county site in said county, desiring to bid,

Page 443

shall deliver to the ordinary on or before the day for holding said term of the court of ordinary at which the selection of a depository is to be made, a sealed bid stating the rate of interest said bank, banker or trust company will pay on the funds of the county deposited with it, for the term between the dat when said funds shall be turned over to it and thirty days after the selection of another depository, said interest to be computed on the daily balances of county funds on deposit with said depository. Said bid shall be accompanied by a certified check for $100.00 as a guarantee of good faith by the bidder, and that if his bid should be accepted, he will enter into the bond hereinafter provided; and upon the failure of the bidder that may be selected as such depository, to give the bond required by law, the amount of such check shall go to the county as liquidated damages, and the ordinary shall re-advertise for bids. Vacancy in office. Bids for deposits. Banks. Publication of notice. Sealed bid. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the ordinary on the first day of each term of his court at which bids are to be received, to publicly open and announce such bids and cause each bid to be entered upon the minutes of the court, and to select as depository of all the funds of the county the bank, banker or trust company offering to pay the largest rate of interest per annum for said funds. The interest upon such county funds shall be computed upon the daily balances to the credit of said county with such depository, and shall be payable every three months, when said depository makes its quarterly report to the ordinary. The money arising from the payment of interest on daily balances by the depository shall go first to pay the expenses the ordinary incurs in administering this law, and the remainder shall go into the general educational fund of the county. When the selection of a depository has been made, the checks of bidders whose bids have been rejected shall be immediately returned. The check of the bidder whose bid is accepted shall be returned when his bond is filed and approved by the ordinary. Announcement of bids. Interest on balances, how applied.

Page 444

SEC. 4. Be it further enacted by the authority aforesaid, That within five days after the selection of the depository it shall be the duty of the bank, banker or trust company selected as depository, to execute a bond payable to the Ordinary of Wilkes County and his successors in office, to be approved by the ordinary and filed in his office with not less than five solvent sureties and said bond shall be similar in amount to that required by the law of Georgia, applicable to the Treasurer of Wilkes County; provided, nothing herein contained shall prevent the making of said bond by a surety company as prescribed by law and payable as herein provided. The penalty of said bond not to be less than that required by the law of this State governing county treasurer bonds for the years for which said bonds are given and shall be conditioned for the faithful performance of all the duties and obligations devolving by law upon such depository, and that said county funds shall be faithfully kept by said depository and accounted for according to law. Bond of depository. Surety on bond. Penalty. SEC. 5. Be it further enacted by the authority aforesaid, That as soon as said bond be given and approved by the ordinary, an order shall be made and entered upon the minutes of said court designating the successful bidding bank, banker or trust company as the agency and depository of the funds of said county beginning on the first day of January, 1917, unless there shall sooner occur a vacancy in the office of Treasurer of Wilkes County, and thereafter until thirty days after the time fixed for the selection of a depository as specified in this Act, and thereupon it shall be the duty of all county officers, immediately upon the making of such order to transfer to said depository all funds belonging to said county, and immediately upon the receipt of any money thereafter, to deposit the same with said depository to the credit of said county; and for each and every failure to make such deposit, the county officer or officers, wrongfully withholding said money of the county from the county depository, shall be liable to said depository for ten per cent. of the amount withheld, to be recovered

Page 445

by civil action against said officers and the sureties on their official bonds in any court of competent jurisdiction in the county. Designation of depository. Duty of county officers. Penalty. SEC. 6. Be it further enacted by the authority aforesaid, That if for any reason there shall not be submitted bids, at the term in December after the general election, by any bank, banker or trust company to act as county depository, then it shall be the duty of the ordinary to select from among the banks, bankers or trust companies, located at the county site of said county, some bank, banker or trust company, which is subject to inspection and regulation by the State Banking Department or the Comptroller of the Treasury of the United States, to act as temporary depository for said county funds. And the ordinary shall impose such terms and conditions and require such interest on deposits as he may deem necessary and advisable, and, if at any subsequent term of the ordinary's court any bank, banker or trust company shall file a bid and give bond to act as county depository, then, said temporary depository shall immediately render an accounting and turn over all funds to said depository as soon as it has complied with the requirements of this Act. If no bids, how depository selected. Terms and conditions. SEC. 7. Be it further enacted by the authority aforesaid, That the agency or depository of the county funds shall keep a full and correct account of all moneys of the county received and disbursed by said depository. Every three months said depository shall make to ordinary a full statement of all funds received and disbursed, it shall return all vouchers with his quarterly statement which it has paid since the last statement, and it shall also account for and pay to the ordinary the interest on the daily balances for the three months for which the statement is made. The ordinary shall record said statement on the minutes of his court, and shall publish same in some newspaper published in said county; he shall keep all vouchers returned by said depository in [Illegible Text] convenient and safe place in his office, and the vouchers shall at all times be subject to public inspection; he shall carefully go over the vouchers

Page 446

and the quarterly statement and see that the same is correct. For these services the ordinary shall be allowed out of the interest paid by said depository fifty cents (50c) for each of the following: each bid received and recorded, for recording quarterly statement, for recording order designating agency or depository, and twenty-five (25c) cents for approving and filing bond. The newspaper publishing the quarterly statements and the advertisements for bids shall be paid at the rates now allowed by law for publishing sheriff's sales. Whatever sums of money shall remain of said interest shall be paid by the ordinary to the county school commissioner to be used in the general educational fund of the county. Accounts and statements. Record and publication. Fees of ordinary. Advertisement rates. SEC. 8. Be it further enacted by the authority aforesaid, That the bank, banker or trust company selected as county depository shall be governed and subject to all the laws now provided for the collection and disbursement of county funds that now apply to county treasurers, except the law as to fees or compensation, now allowed county treasurers. Laws applicable to depository. SEC. 9. Be it further enacted by the authority aforesaid, That the county of Wilkes shall have a lien on all the assets of such depository, superior to any other lien except the lien which may exist in favor of the State of Georgia, and of the United States of America, and shall be entitled to full payment from the assets of such depository for any and all funds belonging to said county which may be in the hands of such depository before any payment may be made to general creditors. Lien. 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 16, 1915.

Page 447

WILKES TREASURER'S OFFICE ABOLISHED. No. 229. An Act to abolish the office of County Treasurer of Wilkes County, to provide when same shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after December 31st, 1916, the office of Treasurer of Wilkes County be abolished; provided, that if said office of Treasurer of Wilkes County should become vacant before December 31st, 1916, then the office of Treasurer of Wilkes County shall be abolished from the date of said vacancy, should [Illegible Text] occur. Office abolished after 1916. 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 16, 1915.

Page 450

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

Page 451

TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany City Charter Amended. Alma Town Charter Amended. Americus City Recorder's Court Provided. Americus City Board of Education. Athens City Charter Amended. Atlanta City Charter Amended. Barnett Shoals, Town of, Incorporated. Belmont, Town of, Incorporated. Blakely City Charter Amended. Blue Ridge City Councilmen, Elections of. Boston City; Authority to Punish. Butler, City of, Incorporated. Camilla City Water and Light System. Carrollton City Police Regulations. Carrollton City Tax Assessors. Carrollton City Tax Increase. Cartersville City Public School Funds. Cedartown City Charter Amended. Charing Town Charter Repealed. Colquitt, City of, Chartered Anew. Columbus City Hospital Authorized. Commerce City Election of Officers. Commerce City Electric Lights, etc. Cordele City Bond Commission Abolished. Covena, Town of, Incorporated. Covington City Ice Plant Authorized. Crawford City Charter Amended. Dalton City Charter Amended. Decatur Town Registration of Voters. Decatur Town Street Improvements. Deercourt, Town of, Incorporated. Doerun City Board of Education. Doerun City Tax Assessments. Douglas City Charter Amended. East Lake Town Limits and Taxation. East Lake Town School System. East Point City Franchise Grants. Eatonton City School Trustees. Elberton City Council Acts, Approval of. Ellenton Town Executions, Levy and Sale. Ellijay City Public School System. Folkston City Officers' Qualifications. Fort Gaines City Charter Amended. Hapeville City Taxing Power. Hiltonia, Town of, Incorporated. Hoschton Town School Election. Jeffersonville City Charter Amended. Jersey Town Public School System.

Page 452

Jesup Town Charter Repealed. Jesup, City of, Incorporated. Kirkwood Town Charter Amended. Lavonia City Charter Repealed. Lavonia, City of, Chartered Anew. Lavonia City Board of Education. Louisville Town Board of Education. Lucretia City Charter Repealed. Macon City Advertising Medium. Macon City Charter Amended. Marietta City Street Paving, etc. Martin, Town of, Authority to Contract, etc. Maysville, Town of, Repeal of Amendment. Midville, City of, Incorporated. Millen, City of, Chartered Anew. Morven, Town of, Power of Condemnation. Nashville City Charter Amended. Nashville City Limits Extended. Newnan City School Bonds. Nicholls Town Charter Amended. Oakwood Town Charter Repealed. Oakwood, Town of, Incorporated Anew. Orland Town Charter Repealed. Perry City Charter Amended. Preston Town Limits Defined. Ranger Town School Tax. Ray's Mill: Name Changed to Ray City. Rebecca Town Charter Amended. Reynolds, City of Incorporated. Savannah City Charter Amended. Savannah Street Closing Authorized. Smyrna Town Tax for Bonds. Sugar Valley Town School System. Swainsboro City Charter Amended. Sylvester City Charter Amended. Tallapoosa City Charter Amended. Thomaston City Public School System. Thomasville City School Tax Increase. Tifton, City of, Chartered Anew. Toccoa City [Illegible Text] or Work-gang. Toccoa City Election Tickets, etc. Toccoa City Water, etc., Commission. Tybee Town Charter Amended. Unadilla Town Public School Trustees. Unadilla Town Tax, Sewerage, etc. Vienna, City of, Chartered Anew. Waco, Town of, Incorporated Anew. Warrenton City Marshal's Election, etc. [Illegible Text] City Charter Amended. Willie, Town of, Incorporated. ALBANY CITY CHARTER AMENDED. No. 63. An Act to amend an Act of the General Assembly of Georgia, entitled An Act to create and establish a new charter for the city of Albany; to declare the rights and powers and privileges of the said corporation, and for other purposes, approved the 17th day of August, 1912, and for other purposes.

Page 453

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Act of the General Assembly of Georgia, entitled An Act to create and establish a new charter for the city of Albany; to declare the rights, power and privileges of said corporation, and for other purposes, approved August 17, 1912, be and the same is hereby amended as follows, to-wit.: By striking from Section Two of said Act all occurring between the word to-wit, in the eighth line of said section as published, and the word provided, in the thirty-sixth line of said section, and substituting therefor the following, to-wit.: Act of 1912 amended. Commencing at a point (marked by a cornerstone), at the northwest corner of Davis and Seventh Streets, extended north and west, respectively, run a line south twenty-five hundred (2500) feet to a point on the north line of Second Street (marked by a cornerstone), thence due west seventeen hundred and seven and one-half (1707) feet to a point (marked by a cornerstone), thence south eighty-two hundred and thirty-two (8232) feet to a point (marked by a cornerstone), thence east forty-seven hundred and seventy (4770) feet to a point (marked by a cornerstone), thence south thirty-two hundred and twenty (3220) feet to a point (marked by a cornerstone), thence due [Illegible Text] seventeen hundred (1700) feet to a point (marked by a cornerstone), thence due south seven hundred (700) feet to a cornerstone, thence due east to a cornerstone at low water mark on the east bank of the Flint River, thence in a northerly direction along said bank of said river (at low water mark), to a point (marked by a cornerstone), on the south line of State Street, extended east, thence east along the said line of State Street forty-six hundred and sixty (4660) feet to a cornerstone, thence north twenty-nine hundred and thirty (2930) feet to a point (marked by a cornerstone), on the north line of North Street, extended east, thence west along said north line of North Street thirty-nine hundred (3900) feet to a cornerstone at the east bank, low water mark, of said Flint River, thence in a northerly direction

Page 454

along said east bank of said river, at low water mark, to a point (marked by a cornerstone), where the north line of Seventh Street extended east intersects the east bank, low water mark, of said river, thence west along the north line of said Seventh Street six thousand seven hundred and ninety and one-half (6790) feet to the beginning point, at the northwest corner of Seventh Street and Davis Street; and the territory added to the present corporate limits in the above metes and bounds, and the people now or hereafter living therein, and the property now or hereafter constructed thereon, shall be subject to all the laws and ordinances of the city to the same extent and in the same manner as the original portions of said city, and shall have the same rights and privileges as said original portions in so far as applicable thereto; provided, that, for purposes of exercising power and authority over matters or things, or persons affecting in any manner, or degree, the public health, peace, morals, good order and safety, the corporate limits of said city shall be and they are hereby extended for a distance of one-half () mile in every direction from the corporate limits as above defined and set out; and within said extended corporate limits the ordinances, laws and regulations of said city relative to the subjects herein named shall become operative and of full force and effect, so that when said section is so amended the same shall read as follows, to-wit.: SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be and remain as fixed and established by the Acts of the Legislature, approved December 27, 1838; December 10, 1841; February 8, 1854; September 26, 1879; October 6, 1885; December 20, 1899; December 6, 1902; August 15, 1905; August 22, 1907; August 15, 1910, and as modified and extended and more definitely described, as follows, to-wit.: To be read. Commencing at a point (marked by a cornerstone), at the northwest corner of Davis and Seventh Streets extended north and west, respectively, run a line south twenty-five hundred (2500) feet to a point on the north line of Second

Page 455

Street (marked by a cornerstone); thence due west seventeen hundred and seven and one-half (1707) feet to a point (marked by a cornerstone); thence south eighty-two hundred and thirty-two (8232) feet to a point (marked by a cornerstone); thence east forty-seven hundred and seventy (4770) feet to a point (marked by a cornerstone); thence south thirty-two hundred and twenty (3220) feet to a point (marked by a cornerstone); thence due east seventeen hundred (1700) feet to a point (marked by a cornerstone); thence due south seven hundred (700) feet to a cornerstone; thence due east to a cornerstone, at low water mark, on the east bank of the Flint River; thence in a northerly direction along said bank of said river (at low water mark), to a point (marked by a cornerstone), on the south line of State Street, extended east; thence east along the said line of State Street forty-six hundred and sixty (4660) feet to a cornerstone; thence north twenty-nine hundred and thirty (2930) feet to a point (marked by a cornerstone), on the north line of North Street, extended east; thence west along said north line of North Street thirty-nine hundred (3900) feet to a cornerstone at the east bank, at low water mark, of said Flint River; thence in a northerly direction along said east bank of said river, at low water mark, to a point (marked by a cornerstone), where the north line of Seventh Street, extended east, intersects the east bank, at low water mark, of said river; thence west along the north line of said Seventh Street, six thousand seven hundred and ninety and one-half (6790) feet to the beginning point, at the northwest corner of Seventh Street and Davis Street; and the territory added to the present corporate limits in the above metes and bounds, and the people now or hereafter living therein and the property now or hereafter constructed thereon, shall be subject to all the laws and ordinances of the city to the same extent and in the same manner as the original portions of said city, and shall have the same rights and privileges as said original portions in so far as applicable thereto; provided, that, for purposes of exercising power and authority over matters or things, or persons affecting in any

Page 456

manner or degree, the public health, peace, morals, good order and safety the corporate limits of said city shall be and they are hereby extended for a distance of one-half () mile in every direction from the corporate limits as above defined and set out; and within said extended corporate limits the ordinances, laws and regulations of said city, relative to the subject herein named, shall become operative and of full force and effect, 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 twentyfive (25) residents therein shall petition the mayor and council therefor, which election shall be held under the regulations for elections hereinafter set out; and only the qualified voters in the city of Albany shall be eligible to vote thereat; two-thirds of those voting in favor of incorporation said territory shall be by the mayor and council declared duly incorporated. Corporate limits defined. SEC. 3. Be it further enacted by the authority aforesaid, That said Act be and the same is hereby further amended, so as to provide as follows, to-wit: Further amendment. 1. That the city of Albany shall have power and authority to own and operate for reasonable profit a municipal abattoir at any place within its corporate limits proper, or its police jurisdiction; to fix and collect regular fees for the slaughter of cattle, hogs, sheep or other meat intended for human consumption therein; to prescribe any and all regulations and rules governing the operation of said abattoir, and the reception of stock therein, and in connection with the operation of same shall have the power to fully regulate any other abattoir, or slaughter house, or similar place where cattle or other meat is slaughtered for market within its corporate and police limits, and to prescribe the location and the manner and kind of construction of the same; or said city shall have the power to prohibit the operation of any abattoir, slaughter house, or other place where stock is slaughtered, within its corporate and police limits; and, in connection with the said municipal

Page 457

abattoir, said city shall have the power to prohibit by penal ordinance the sale or having on hand for sale, within its corporate or police limits, any fresh or green meats, not slaughtered in its abattoir, unless it has been slaughtered in an abattoir, or similar place, of equal facilities and methods as that of the city's or of such standard as the city may by ordinance prescribe, or unless it bears valid and satisfactory evidence of a State or Federal favorable inspection; and said city shall have the power to provide for rigid inspection of all green or fresh meats sold or offered for sale, or on hand for sale, within the city's corporate or police limits, so as to insure a strict conformity to its laws and ordinances governing the introduction thereof into the city; and shall have power to confiscate and destroy all tainted meats found on [Illegible Text] markets of the city, and to confiscate all meats found within said limits brought in contrary to the laws and ordinances of the city. Municipal abattoir. SEC. 4. Be it further enacted by the authority aforesaid, That said Act of the General Assembly be and the same is hereby further amended as follows, to-wit.: Further amendment By striking all of Section 11 of said Act, including paragraphs one and two thereof, which provides for the organization, election, qualification, and uniforming of the city police force, and substituting therefor the following, under Section No. 11, to-wit.: SEC. 11. Be it further enacted by the authority aforesaid, That the regular police force of the city of Albany shall consist of a marshal, or chief of police, a deputy marshal, or deputy chief of police, and such other officers and members as the mayor and council shall prescribe; and said regular force shall be elected as hereinafter prescribed; before qualifying they shall take oath to faithfully and impartially discharge the duties imposed upon them by laws and ordinances, and shall give such bond as may be required of them by city ordinance. The term of office of the chief of police shall be two years and until his successor is elected and qualified, each term beginning on the Tuesday after the first Monday in January, on which date his election

Page 458

shall be held, provided, that the term of office of the present chief shall not expire until after the expiration of the full term for which he was elected. The term of office of the remaining members of the regular police force shall be for one year and until their successors are elected and qualified; each term, hereafter, shall begin on the second Wednesday after the first Monday in September, which shall be the date of election. All elections shall be subject to fine, suspension or dismissal of the incumbent. Any person, twenty-one (21) years of age, and who is a resident of Dougherty County, or the city of Albany, shall be eligible to election on said force. The compensation of members of the regular police force shall be provided by ordinance of mayor and council, and shall not be increased or diminished (except by fine) during their respective terms of office, and no extra pay or allowance or cost shall be made to them, or either of them. It shall be their duty to make arrest in the manner prescribed by law, of persons violating the penal laws of the State, or the ordinances of the mayor and council. It shall be the duty of the marshal, or chief of police, to prosecute offenders against the penal laws of the State in the State Court of the County of Dougherty. For failure to perform any duty required of them by law, city ordinance, or rule or order of the board of police commissioners not in conflict with city ordinances, or for violation of any rule or regulation of the mayor and council, or rule or regulation of the board of police commissioners, not in conflict with city ordinances, any officer or member of police force may be fined, suspended or dismissed, either or all, by the board of police commissioners; the mode of preferring accusation against them, their trial and their suspension, which accusation is brought, until trial, subject to the provisions hereinafter set out, shall be prescribed by ordinance of the mayor and council; provided the board of the police commissioners may make appointment to the office or place vacated by suspension until regularly filled; and, provided, further the board of police commissioners shall have the power, by resolution, to confer upon the chief of police the power to summarily dismiss any member

Page 459

of the police force for incompetency, gross insubordination, or gross misconduct, under such restrictions as said board may in said resolution prescribe; and such dismissal by the chief shall be final and without appeal unless otherwise provided in each case by said board; and, provided, further, that the board of police commissioners of the city may, upon the request of any hotel, terminal company, railroad, or street railway company, or combination of railroad companies or any manufacturing company, appoint any person or persons in the employ of the applicant as a special member of the police force of the city for a term at the will of said board, and after taking the oath prescribed for regular policemen said appointee be and he is hereby clothed with as full power to make arrests under the law and the ordinances of the city of Albany for the violation of any ordinance or law committed upon the premises of his employer as the regular police of said city, and all such appointments shall be entered upon the minutes of said board, but the appointee shall receive no compensation from the city; and, provided, further, that the mayor and council of the city of Albany shall have the power, by ordinance, to confer police authority upon any officer or employee of the city, and to make such officer or employee an ex-officio member of the police force of the city, and such officer or employee shall then possess the full power and authority to make arrests for violations of the penal or dinances of the city governing matters relating to his employment as the regular police of the city; and, provided, further, that the chief of police, with the approval and consent of the chairman of the police commissioners, shall have the power, should circumstances require it, to employ or appoint for any emergency such additional number of policemen, to be uniformed or not as he may direct, as to him shall seem needful, for a period not exceeding five (5) days; and, in any emergency where a longer period is required the same shall only be extended in each case by the board of police commissioners for such period, not exceeding five (5) days, as to them may seem proper; and, such temporary policemen shall be sworn as other policemen and shall receive,

Page 460

not exceeding the same rate of pay as the regular members of the police force; and, provided, further, that the mayor and council of the city of Albany, shall have the power to provide by ordinance, for the election, or temporary appointment, by the board of police commissioners of a force of detectives, or plain clothed men, for such term and compensation as the mayor and council shall prescribe. The mayor and council shall cause the entire regular police force of the city to be armed and so uniformed as to be readily recognized by the public as police officers, the arms and uniforms to be furnished at expense of the city and shall remain the property of the city. Police force regulations. Terms of office. Eligibility. Compensation. Duties. Special policeman. Emergency policemen. Detectives. SEC. 5. Be it further enacted by the authority aforesaid, That said Act of the General Assembly of Georgia be and the same is hereby amended so as to provide as follows, to-wit.: Further amendment. 1. That in all bond elections called and ordered by the mayor and council of the city of Albany the registration list shall be opened for a space of thirty days next preceding the day of the election instead of forty-five days, as provided in other elections. Bond election registration. SEC. 6. Be it further enacted by the authority aforesaid, That said Act of the General Assembly be and the same is hereby further amended to provide as follows, to-wit.: Further amendment. 1. That hereafter the members of the fire department (excepting the chief, to whose term of office the provisions hereof shall not apply) shall be elected on the first Monday in September to hold office for one year from the second Wednesday after said first Monday and until their successors are elected and qualified. Firemen. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1915.

Page 461

ALMA TOWN CHARTER AMENDED. No. 26. An Act to amend an Act creating a new charter for the town of Alma, approved August 21st, 1906, and which said town was at that time located in the county of Appling, but which is [Illegible Text] located in the new county of Bacon, said State, by changing the incorporate limits thereof; by changing the official terms of councilmen; to make the office of marshal elective by the qualified voters; to make the office of town clerk elective by the qualified voters; to make the office of town treasurer elective by the qualified voters; to make the office of board of education elective by the qualified voters; to fix the official terms of members of said board; to prescribe their duties and powers; by providing for a permanent bond commission for said town of Alma, prescribing the powers and duties 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 [Illegible Text] of the same, That from and after the passage of this Act, an Act entitled, A bill to be entitled an Act to create a new charter for the town of Alma, in Appling County, but which is now in the new county of Bacon, be and the same is hereby amended as follows: Act of [Illegible Text] [Illegible Text] SEC. 2. By adding after the word County, being the last word of line four of Section 2, the following: which lies north of a certain ditch, and which is described as beginning at the northeast corner of lot of land number 282, and running the east original line south to a ditch running west from Boggy Branch; thence running west along said ditch 442 yards to the Town Canal; thence running south along said canal 265 yards; thence running west along a

Page 462

ditch to the mouth of said ditch, and thence west to the original line of said lot 282. By adding after the word Creek, in the sixth line of Section 2, the words, and north of Boggy Branch and a ditch running west from Boggy Branch to the west original line of said lot. By striking from Section 2 the words: This territory embraces the corporate limits of the town of Alma, as incorporated by the superior court, so that said section, when amended, shall read as follows: SEC. 2. Be it further enacted, That from and after the passage of the Act the incorporate limits of the town of Alma shall be as follows, to-wit.: To embrace all of lot of land number two hundred and eighty-two in the 5th district of Appling County (now Bacon), which lies north of a certain ditch and which is described as beginning at the northeast corner of lot of land number 282, and running the east original line south to a ditch running west from Boggy Branch; thence running west along said ditch 442 yards to the Town Canal; thence running south along said canal 265 yards; thence running west along a ditch to the mouth of said ditch, and thence west to the original west line of said lot; all of lot number two hundred and seventy-one, which lies on the west side of Big Hurricane Creek, and north of Boggy Branch and a ditch running west from Boggy Branch to the west original line of said lot; all of lot number two hundred and eighty-one in said 5th district, which lies south of Bear Branch; and all of lot number two hundred and seventy-two in the 5th district, which lies south of Bear Branch, and west of Big Hurricane Creek. To be read. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3 of said Act, approved August 21st, 1906, be and the same is hereby amended by striking from said section the words, who shall hold their office for one year, and [Illegible Text] in lieu thereof the following: At the next general election to be held on the second Saturday in December, 1915, there shall be elected, a mayor, who

Page 463

shall hold office for one year; two councilmen, who shall hold office for one year, and three councilmen, who shall hold office for two years. Thereafter, elections for mayor and councilmen shall be held annually on the second Saturday in December, a mayor to be elected for a term of one year and councilmen for a term of two years. Elections and terms of mayor, etc. SEC. 3. Be it further enacted, That Section Nine (9) of said Act, approved August 21, 1906, be and the same is hereby amended by striking from said section the following words: The mayor and council shall elect a marshal for one year, and inserting in lieu thereof the following: There shall be elected on the second Saturday in December of each year a marshal of said town by the qualified voters thereof in the same manner in which the mayor and council of said town are now elected, who shall serve for a term of one year. Marshal. SEC. 4. Be it further enacted, That Section Ten (10) of said Act, approved August 21, 1906, be and the same is hereby amended by striking from said section the following words: The mayor and [Illegible Text] shall elect a clerk of the council, and inserting in lieu thereof the following: There shall be elected on the second Saturday in December of each year a clerk of the council of said town, by the qualified voters thereof, in the same manner in which the mayor and council of said town are elected, who shall serve for a term of one year or until his successor is elected and qualified. Clerk. SEC. 5. Be it further enacted, That Section Eleven (11) of said Act, approved August 21, 1906, be and the same is hereby amended by striking from said section the following words: The mayor and council shall elect a treasurer, and inserting in lieu thereof the following words: There shall be elected on the second Saturday in December of each year a treasurer of the town, by the qualified voters thereof, in the same manner in which the mayor and council of said town are elected, who shall serve for a term of one year or until his successor is elected and qualified. Treasurer.

Page 464

SEC. 6. Be it further enacted, That Section Nineteen (19) of said Act, approved August 21, 1906, be and the same is amended by striking from said section the following words: Said mayor and council shall have power to provide for and elect a board of education of five members, to control the same, and adding thereafter the following sections: SECTION 1. Be it further enacted, That there shall be a board of education for said town of Alma, under the corporate name of Alma Board of Education, and whose duty it shall be to manage, control and maintain, as hereinafter provided, the system of public schools heretofore established in and for the said town of [Illegible Text]; said board of education to consist of five members to be elected by the qualified voters of said town of Alma on the second Saturday in December, 1915. At said 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 on the second Saturday in December of each year 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 the duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership on said board except such persons as would be eligible to election as councilmen of said town, and no person shall 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

Page 465

to them may seem right and proper, which are not in conflict with the laws of this State. Board of education. Terms. Vacancies. 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 by 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; and 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 the board. SEC. 3. Be it further enacted by the authority aforesaid, That said board of education shall have power, and is hereby made the duty of said board, to devise, design and adopt and establish such schools as they may see fit for the white children of said town, and which for races, shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall, at a regular meeting, order more than one, and in this have the concurrence of the mayor and town council of said town of Alma. Powers of board 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

Page 466

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 to 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 appratus, furniture and appliances of every kind for the use of said schools, and do any and all other acts that they deem best to promote the best educational interest of said town, not in conflict with State laws. Inspection of books, etc. Government of schools and teachers. 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. Donations. 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 board of education and their successors in office. School houses, etc. Title. 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 Alma

Page 467

or any interested citizen of said town. The members of said board shall be personally liable to the corporation of the town of Alma 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. Account of moneys, etc. Personal liability. 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 Alma 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 to council 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 of ficers, 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 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 said 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 heretofore established under said amended section shall run for a period of not more than ten scholastic months, not less than five in each year. School terms. SEC. 11. Be it further enacted by the authority aforesaid, That all taxes raised by levy under said section shall

Page 468

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 $5.00 dollars per term where the child resides within the corporate limits of said town of Alma, and shall not exceed the rate of three dollars per month where the child attending resides without the limits of said town of Alma. Taxes. Incidental fee. 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 city 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. Children entitled. 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 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 other taxes of said city and shall not later than February 1st 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 written order of said board of education under such regulations and requirements as they shall provide under authority of this Act. Estimate of money needed. Taxes. SEC. 14. Be it further enacted by the authority aforesaid,

Page 469

That the board of education of Bacon County, or such body as may have charge of the public school of said county, shall not establish or open any school or schools within the corporate limits of said town of Alma, or have any authority or voice in the management of the schools herein referred to in said town of Alma. County board [Illegible Text] SEC. 15. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia is hereby required to pay over to the board of education of the town of Alma 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 Alma, as shown by the last school census of Bacon County. The amount thus to be paid shall be paid at such time as the teachers of the county of Bacon are paid, and when paid shall be expended by said board for the support and maintenance of said public schools of the town of Alma; it shall be the duty of the board of education of the town of Alma to have prepared and furnish to the State School Commissioner immediately, and at such times [Illegible Text] as the school census for the county of Bacon may be taken, a list or census of all school children of school age residing within the corporate limits of said town of Alma. The board of education of the town of Alma 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 Bacon County, but without the corporate limits of the town of Alma, and to make contracts with the board of education of the county of Bacon for such pro rata amount as may be due by the county of Bacon of the State and county school fund for such children. State school fund Non-resident children. SEC. 16. Be it further enacted by the authority aforesaid, That all assessments and school taxes collected by said town of Alma, shall be by the corporate authorities of the town of Alma kept separate and distinct from other collections and assessments of said town, and are not to be used for any purpose except as hereinbefore directed, and the

Page 470

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. Separation of taxes, etc. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Alma 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. Specific tax. SEC. 18. Be it further enacted by the authority aforesaid, That there shall be a bond commission for the town of Alma; that said commission shall be composed of three citizens of Alma, who shall have been residents of said town for at least one year prior to their election. The said commission shall be elected by the qualified voters of said town for a term of two years, except for the first term, which shall be four years; and for the said first term, John S. Lee, John S. Douglas and J. S. Williams, are hereby created and appointed said commissioners for the said first term. The said commission shall elect from their number a president of said board. Bond commission designated. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of said bond commission for the town of Alma to take charge of, expend, manage and control all moneys arising from the sale of any and all bonds which have been or may hereafter be issued by said town and also all moneys now in hand or may hereafter be received or set aside and designated as a sinking fund for the purpose of paying off and retiring the bonds of said town. Said commission shall have exclusive and complete control and management of all matters pertaining to the receipts and disbursements of the proceeds of all moneys herein contemplated and the disbursements shall be by check or vouchers signed by the president of said board and countersigned by either of the remaining members of said commission, said vouchers to be drawn on the bank which

Page 471

the commission shall designate as the depository of said funds. Duties and powers. SEC. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and town council of Alma, immediately after the passage of this Act, and they are hereby required to deliver to the said bond commission as herein named and designated all moneys herein mentioned, that they may now have on hand, and thereafter all moneys herein contemplated Moneys. SEC. 21. Be it enacted, That for the purpose of carrying out these provisions bond commission is hereby fully empowered and authorized to do such acts, and take such steps, as may become necessary for the proper performance and discharge of their duties, as herein prescribed, it being the purpose of this Act that bond commission shall have full and complete power to receive, manage and disburse all moneys herein contemplated. That said members shall receive such compensation for the performance of their duties as the mayor and town council of the town of Alma may designate. That said commission shall have the power and authority to employ counsel to aid and assist them in the discharge of their duties, said counsel to receive such compensation as may seem meet and proper to said commission. [Illegible Text] Compensation. Counsel. SEC. 22. Be it enacted by the authority aforesaid, That said commission shall report its actings and doings in writing to the mayor and council of said town at the first meeting in January, 1916, and annually thereafter. Reports SEC. 23. Be it further enacted by the authority aforesaid, That all vacancies in said bond commission, as herein designated, which may occur by death, resignation or otherwise, shall be filled by election by the qualified voters of said town, said election to be called in the same manner that other elections to fill vacancies are called. Vacancies. SEC. 24. Be it further enacted by the authority aforesaid, That before entering upon their duties said members shall be required to give a bond of $1,000.00 each for the

Page 472

faithful performance of same, said bond to be made payable to the mayor and council of the town of Alma. Bond SEC. 7. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1915. AMERICUS CITY RECORDER'S COURT. No. 74. An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional power upon the mayor and city council of Americus; to extend the corporate limits of said city and for other purposes, approved Nov. 11, 1889, so as to provide for a recorder's court in said city of Americus and for other purposes. So as to confer power upon the mayor and city council of Americus to elect a recorder and to provide for compensation. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus, to confer additional power upon the mayor and city council of Americus; to extend the corporate limits of said city, and for other purposes, approved November 11th, 1889, be, and the same is hereby amended, by striking from said Act Section 18, and inserting in lieu of said section, the following: Act of 1889 amended. SEC. 18. There shall be and hereby is, established a court to be known as a recorder's court in and for said city of Americus, which court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government

Page 473

of the city of Americus, and to punish for a violation of the same. Said court shall have the power to preserve order, compel the attendance of witnesses, to punish for contempt by imprisonment not exceeding two days, or a fine not exceeding $10.00, one or both. The mayor and city council shall have authority in its discretion to elect and fix the salary of a recorder, who shall be a lawyer, living and practicing in the city of Americus, who shall preside over the said court. In the event of the absence, disability or disqualification of such recorder, the said court shall be presided over by the mayor of said city; or by the mayor pro tempore in the absence, disability or disqualification of said mayor, and in the case of the absence and disqualification of the mayor pro tempore any member of the city council who may be designated by the city clerk and treasurer, shall act as recorder, and when presiding, such person shall be known as the city recorder. Said recorder is hereby authorized and empowered to try and dispose of any matters that the mayor of Americus might have under previous existing laws and ordinances while presiding over the mayor's court of said city. That in criminal cases the defendant shall not have the right to appeal to the general council for decisions or judgments of the recorder; but the right of certiorari from his judgment shall exist, as is provided in Section 40 of the Act of 1889, approved November 11th, 1889, providing for the certiorari from decision of the mayor and city council of Americus, and certiorari shall be sued out under the same conditions as therein set out. Recorder's court established. Recorder elected. Powers. Certiorari. 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, 1915.

Page 474

AMERICUS CITY BOARD OF EDUCATION. No. 211. An Act to amend an Act of the General Assembly incorporating the board of public education for the city of Americus, approved February 13, 1873, and all laws amendatory thereof, by providing for the qualification of members of the board, enlarging the powers, so as to require the attention to duties of such members, and to enact rules by which the office of members may be vacated, to provide the manner of electing members of the board of public education for the city of Americus, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the Legislature incorporating the board of public education for the city of Americus, approved February 13, 1873, and the Act amendatory thereof, approved December 20, 1893, and the same is hereby amended so as to authorize the board of public education for the city of Americus to enact such rules as it may deem necessary for the purpose of vacating the office of any member of the board who fails or refuses to properly attend to his duties as such member; to attend the meetings thereof, or to perform any duty devolving upon him as such member. Acts of 1873 and 1893 amended. SEC. 2. Be it further enacted by the authority aforesaid, That persons eligible to be elected as a member of the board of public education for the city of Americus, must reside within the corporate limits of said city; be a tax payer, and who at the time of the election shall have no relatives, either by blood or marriage, on the faculty of the public schools as close as a second cousin; provided, however, that this shall not apply to any such relation that may exist at the time of the passage of this Act, nor to the re-election of any member now on the board, nor shall

Page 475

the board have power to enact any rule that will disqualify any teacher now on the faculty of the public schools on account of relationship to any member of the board, so long as such teacher continues in the position now held by him or her on the faculty, or may be elected to any other position on the faculty; provided, further, that if any member of the board shall remove from the city, his office shall immediately become vacant by virtue of such removal. Eligibility of board member. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that all members of the board of public education for the city of Americus to fill vacancies made, either by expiration of terms, resignation or otherwise, shall be elected in the following manner, to-wit.: The board at any regular or call meeting for that purpose, shall select names of members to fill such vacancies and immediately transmit such names to the mayor and city council of Americus, which selection shall be confirmed by the mayor and city council of Americus before such person can become a legal member of the board. Should the mayor and city council fail or refuse to confirm the selection so made by the board, then, and in that event the board shall select other names, and so on, until it has submitted a name that will be confirmed by the mayor and city council; provided, however, that should the mayor and city council fail or refuse to act on the name of any member so selected and transmitted to them by the board within thirty days thereafter, then, and in that event, the selection of the board shall be final and the member so elected shall be a legal member of the board. Vacancies, how filled. SEC. 4. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until submitted to the voters of the city of Americus, at the first general election hereafter and if a majority of the voters voting at said election on this amendment, vote in favor of its ratification, then it shall become effective; otherwise it will be null and void. Those voting in favor of said amendment shall have written on their tickets For amendment of Act

Page 476

creating school board and those opposed shall have written on their tickets Against amendment of Act creating school board. This Act to be voted on by the people. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. ATHENS CITY CHARTER AMENDED. No. 198. An Act to amend an Act entitled An Act to amend the charter of the city of Athens and for other purposes, approved February 28th, 1874, so as to create a permanent registration book for the registration of the qualified voters of the city of Athens, to provide for the registration of such voters, 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 city of Athens and for other purposes, approved February 28th, 1874, be and the same is hereby amended as follows: Act of [Illegible Text] amended. SECTION 1. The mayor and council of the city of Athens shall have the power to appoint a registrar of the city of Athens, and they may appoint to such office such officer of the city of Athens or of the county of Clarke, or such other person as they may deem advisable. His compensation as such registrar shall be fixed by the mayor and council, and when he is appointed the said mayor and council shall require him to perform the duties of said office. Registrar. SEC. 2. It shall be the duty of said city registrar to keep a book to be known as the permanent registration book

Page 477

of the electors of said city, and the electors of said city shall sign the said book under an oath contained there, which shall be in the following words, to-wit.: I do solemnly 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 limits of the city of Athens for the six months last past, and in the ward wherein I now reside for the past ten days, and that I have paid all taxes legally imposed upon and demanded of me by the authorities of the city of Athens, so help me God. Permanent registration book. Oath of voter. SEC. 3. The registrar of said city shall immediately upon his appointment by said mayor and council, or as soon thereafter as practicable, procure the book for registration above provided for and keep the same open daily during such reasonable hours as may be prescribed by the mayor and council to enable the electors of said 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 registered shall be entitled to vote in all city elections held thereafter, provided he has paid all taxes lawfully due by him at that time, it being the purpose of this Act to provide a permanent system of registration for said city. Registration of voters SEC. 4. Whenever any municipal election is required to be held in said city or is called 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 less than fifteen days prior to such election, as well as those who for any reason are 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 there from those who are not qualified

Page 478

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 produces and exhibits to the managers a certificate signed by the registrar that his name was omitted therefrom by accident or mistake. List of voters. Who excluded. Voters. SEC. 5. The existing laws regulating the holding of municipal elections in the city of Athens shall be continued in force except as herein modified, and this Act shall not apply to any municipal elections prior to the first day of January, 1916. Existing laws. SEC. 6. From and after the passage of this Act, in order to preserve and protect the water supply of the city of Athens, and to prevent its contamination and pollution, the corporate limits of the city of Athens are hereby extended for police and sanitary purposes so as to embrace that portion of the water shed of such waters beyond the present corporate limits of the city of Athens, beginning at the present corporate limits of the city of Athens at the point at which the Danielsville Road intersects them, extending thence along the Danielsville Road in a northerly direction to the three mile post on said road, extending thence in a westerly direction to the three mile post on the Commerce Road, extending thence in a southwesterly direction to the point at which the Seaboard Air Line Railroad crosses the Oconee River, extending thence to the three mile post on the Jefferson Road, extending thence in a southeasterly direction along the Jefferson Road to the point at which the said road intersects the present corporate limits of the city of Athens. Corporate limits extended for police and sanitation. SEC. 7. The mayor and council of the city of Athens and the board of health of the city of Athens shall have full power and authority to pass such ordinances in relation to and over the territory embraced in such extension as they may deem proper and necessary to protect the water supply of the city of Athens, to prevent the pollution and contamination

Page 479

of the waters of said water shed, and to secure the sanitary quality of such waters, and to punish a violation of such ordinances by fine or imprisonment as in the case of violation of other ordinances of the city of Athens; provided, however, that the mayor and council shall have no authority to levy taxes upon the persons and property in said territory. Protection of water supply. SEC. 8. The mayor and council of the city of Athens are further authorized and empowered to regulate and prohibit the discharge of sewerage and other waste deleterious to the public health into the waters of the said territory, to regulate and prohibit any business in said territory, the conduct of which will endanger the public health, and to abate or cause to be abated and removed anything which may cause impurity or unhealthfulness of such waters. Sewerage. SEC. 9. From and after the passage of this Act the mayor and council of the city of Athens shall have full power and authority to require persons convicted upon final trial in the recorder's court of the city of Athens of a violation of any ordinance or by-law of the city of Athens, to pay the costs of the prosecution, and to prescribe by ordinance the amounts of such costs, and the disposition to be made of such costs when paid, and the recorder of the city of Athens shall have full power and authority in his discretion to tax such costs upon the defendants after final conviction in addition to the penalties now or which may hereafter be prescribed for the violation of the ordinances of the said city of Athens. Costs of convictions in recorder's court. SEC. 10. Be it further enacted, That all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved August 16, 1915

Page 480

ATLANTA CITY CHARTER AMENDED. No. 208. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 20th, 1874, and the several Acts amendatory thereof, by extending the limits of said city, so as to include and annex the following territory, to-wit.: All that tract of land beginning in the center of Stewart Avenue where the land lot line, running east and west between land lots 104 and 105 in the 14th district of Fulton County terminates in the center of Stewart Avenue, being the point of the present city limits at said place, thence extending south along the center of Stewart Avenue for a distance three hundred (300) feet; thence extending east for a distance of two hundred and thirty (230) feet; thence extending north in a line parallel with the center of Stewart Avenue to the present city limits; thence westerly along the present city limits to the center of Stewart Avenue; thence south along the center of Stewart Avenue to beginning point; to extend the jurisdiction of the city of Atlanta over all of said territory and make all the ordinances thereof binding upon persons and property in said territory; to authorize the mayor and general council to re-district the city, so as to include all of said territory in one or more of the wards thereof; to make such changes and pass such ordinances as may be necessary or advisable in re-adjusting the city limits as herein extended, 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 establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several

Page 481

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 within the present limits, to-wit.: Act of 1874 amended. All that certain tract of land beginning in the center of Stewart Avenue where the land lot line, running east and west between land lots 104 and 105 in the 14th district of Fulton County, terminates in the center of Stewart Avenue, being the point of the present city limits at said place, thence extending south along the center of Stewart Avenue for a distance of three hundred (300) feet; thence extending east for a distance of two hundred and thirty (230) feet; thence extending north in a line parallel with the center of Stewart Avenue to the present city limits; thence westerly along the present city limits to the center of Stewart Avenue; thence south along the center of Stewart Avenue to the beginning point. 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 re-adjusting 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. SEC. 3. That the mayor and general council of the city of Atlanta are hereby authorized and empowered to improve

Page 482

their streets, avenues, public alleys or other public places in said city by paving, re-paving, curbing, guttering and draining the same, including the installation of man-holes, catch basins, and the necessary draining pipes, whenever in their discretion the public necessities may require it, with such form of improvement as to them may seem proper, and assess the cost thereof upon abutting property owners thereof; provided, the re-paving shall be done only when the pavement on the streets or portion of street proposed to be re-paved is worn out and no longer fit for use, to be determined in the discretion of the mayor and general council in the manner now provided by law; provided, that any street railway company having tracks on any street or public place, or portion thereof paved, re-paved or otherwise improved, under this amendment, shall be required to pay the whole cost of paving, re-paving or otherwise improving the street, avenue, public alley, part of street or public place so improved, for the full width of sixteen (16) feet of such pavement, where they have two tracks thereon and eleven feet where they have one track thereon, and for the full distance that its track or tracks extend on the street or other portion of street or public place so paved, re-paved or otherwise improved. Street improvements, repaving, etc. No resolution or ordinance seeking to pave, re-pave or improve a street or publid place as herein authorized shall be passed unless petitioned in writing, by the persons and companies who will be assessed for at least fifty-five per cent. of the cost of paving, re-paving or otherwise improving the street or portion of street proposed to be paved or repaved, where there are street car tracks on any portion of the same and sixty-five per cent. of the abutting property on streets where there are no such street car tracks, and such resolution shall describe the general character of improvement to be made, the material to be used and such other matters as shall be necessary to enable the preparation of the proper plans and specifications for the improvement proposed to be made; and pending the consideration of such resolution an advertisement shall be in

Page 483

serted at least one time in one of the daily papers of the city ten days before the final passage of such resolution or ordinance, such advertisement giving notice of the introduction of such resolution or ordinance, the street, public place or portion thereof proposed to be paved, re paved or improved, the estimated cost per front foot; and it shall set forth that the property owners or others interested are notified to appear at the meeting of the general council to be held at a time stated in said advertisement and make any and all objections they may desire to urge to the passage of such resolution or ordinance. At the time named in said advertisement if any property owner or other person desires to make objections to the passage of such resolution or ordinance, full opportunity shall be given him at said meeting. At said meeting and after hearing objections, if they are made to the passage of such resolution or ordinance, the general council shall have the full right and power, in their discretion, to order such pavement, re-pavement or other improvement to be made or [Illegible Text] said resolution or ordinance, ` provided, that re-pavement can be ordered only in such cases where the existing pavement is worn out and no longer fit for use, to be determined as hereinbefore provided. And after the passage of said ordinance all property owners to be assessed for the cost of the improvement who do not within fifteen days thereafter commence legal proceedings to prevent said assessment being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of the mayor and general council to forthwith cause said improvement to be made in accordance with the plans and specifications as prepared. When completed an ordinance shall be passed, assessing the cost of said improvement against the property owners on each side of the street or portion of the street so paved, re-paved or improved, except that where a street car company has tracks on said street or portion of street so improved, the company owning or operating same under lease or contract shall be assessed for the cost of

Page 484

paving, re-paving or improving said street or portion of street for the full distance that such tracks extend along said street or public place of such pavement, re-pavement or improvement, and for the full width of sixteen feet where they have two tracks thereon and eleven feet where they have one track thereon, and after deducting the amount of this assessment against said company, then the abutting property owners shall pay the total assessment against the abutting property on each side of the street or portion of street so paved, re-paved or improved. Petition of assessees. Advertisement. Ordinance, objections, etc. Owners concluded. Assessing ordinance. The assessing ordinance shall thereupon assert a lien to date back to the approval of the original ordinance or resolution and declare the same at the time said resolution is passed. Lien. If the street railway company shall afterwards construct a track or tracks in any portion of street paved, re-paved or otherwise improved under this amendment, it shall pay into the treasury of the city a like amount as if originally assessed, but at the estimated value of the pavement at the time such track or tracks are constructed. Where in the judgment of the mayor and general council it is deemed advisable to pave, re-pave or improve the intersections of cross streets, the cost thereof shall be included in and assessed against the property owners thereof and street car company where it has tracks on the street so being paved, such assessment to be levied and collected as herein provided. Generally the provisions as to assessments set forth in the present charter as published in Section 359 of the City Code of 1910, shall be followed where not inconsistent with the provisions of this amendment. Street railway tracks. Upon the completion of the work and the levying of the assessment as above set out, the entire amount of the assessment shall be at once due and payable by the property owners and street car company where any such company has a track or tracks, but if so desired the property owners and street car company shall have the right to pay

Page 485

the assessment so levied against them for the cost of such improvement in ten installments, which shall be paid as follows: One-tenth upon the completion of the work, and passage of ordinance levying assessment for cost, and acceptance thereof by the city, and the remaining nine-tenths in annual installments, maturing respectively one to nine years after the date of the approval of ordinance assessing cost. Such deferred payments to bear interest from date until paid at the rate of not exceeding seven per cent. per annum, payable annually. The benefit of the payment by installments may be taken advantage of by any such property owner or street car company, by giving notes for the deferred payments as herein provided at the time of making the cash payment. Payment of assessments. Installments. In the event any property owner or street car company shall desire to pay the balance due under such assessment after exercising the option to pay installments as herein before provided for any time before the maturity of such installments, such party so wishing and offering to pay shall pay the principal and interest due up to date of payment. SEC. 4. The work done under the provisions of this charter amendment shall be guaranteed by the contractor for five years from the date of the completion thereof. Guarantee of work. SEC. 5. The city of Atlanta shall appropriate from funds available a sum equal to one-tenth of the total, actual or estimated cost of the improvement of any street as provided for herein, which said sum so appropriated shall be set apart in the Street Improvement Fund, hereinafter provided for, as maintenance fund, and shall be disposed of in the following manner: Appropriation of maintenance fund. The same shall be used for the payment at the date of maturity of any installment due on the assessment for paving, or re-paving, provided for herein at any date when same may mature, and there has not been collected thereon a sufficiency to make up the amount due on such installments up to that time by the holder of such assessments,

Page 486

liens, bills for paving, property owners' notes, etc.; provided, that when parties against whom such assessments have been levied, and who are in default, have paid the same, that such sums shall be replaced in the said Street Improvement Fund, provided for herein, and shall be held and paid out in the same way until the assessments against the property for the improvement of any particular street shall have been paid in full, or the amount of said fund so originally provided by the city and replaced from time to time as herein provided shall have been completely exhausted. In the event any property owner against whose property an assessment shall have been levied as herein provided, shall fail to pay any installment, either in the first instance or at any subsequent date when same matures, and execution issues therefor, and the property is sold, then and in such event the amount of such assessment shall be considered satisfied so far as any claim against the Street Improvement Fund is concerned. How fund used At the expiration of the five year guarantee provided for in Section Two of this Act, the said fund of ten per cent. provided by the city, shall be used from time to time as needed, for the purpose of maintaining and providing and repairing, and keeping in repair, the pavement on the street against which such assessment was levied, and for which said sum was provided as a maintenance fund, as hereinbefore provided. SEC. 6. The city of Atlanta may receive bids for the work to be done under the provisions of this charter amendment, and it may provide that the contractors bidding to do said work, the cost of which the city of Atlanta will levy against the abutting property and any street car company liable to assessment under the provisions of the present charter and of this amendment; such assessment, liens, bills, etc., to be divided into installments of not more than ten, one-tenth of which shall be cash and the remaining nine to mature annually thereafter. The property owners may, when they elect to pay for said work in installments, rather than in cash, be required to give notes

Page 487

for the remaining unpaid amount due on such paving, which said notes shall be given in equal amounts, but in no event to exceed nine, same to mature annually and the provisions for same being paid on or before as set out in this amendment. Bids for work. Notes for deferred payments. The city of Atlanta reserves to itself, however, the right if it should see fit, to ask for bids for doing such improvement work by such contractors for cash, and ask at the same time such local institutions or such persons as may desire to purchase the assessments, liens, bills, notes of property owners, etc., to submit bids for the purchase thereof, and should the city so desire it may transfer such assessments, liens, bills, notes, etc., to such party offering to buy the same with the provision, however, that the city obligates itself no further than it would were the said assessments, liens, bills, property owners' notes, etc., transferred to the contractor himself. Transfer of assessments, notes, etc. SEC. 7. In the event the work is done under contract, and the contractor accepts the assessments, liens, property owners' notes, etc., and this is understood when the contract is let, the ten per cent. maintenance fund hereinbefore provided may be used for the purpose of paying to the contractor, upon the completion of his work and the acceptance thereof and the passing of the ordinance levying the assessments, the ten per cent. due upon the completion of the work, and in that event the property owners' first installment shall be placed in the street improvement fund, herein provided for in lieu of the amount originally provided by the city, and kept out as herein provided. It is expressly provided that no obligation rests on the city to at any time appropriate any additional sum than the original ten per cent. of the ascertained or estimated cost of the improvement provided for in this amendment. Use of maintenance fund. SEC. 8. Authority is hereby conferred upon said city to issue certificates, certifying to the facts of the passing of such ordinances for paving, re-paving or otherwise improving said street, the letting of the contract for such

Page 488

work, the completion of the work under such contract, and the levying of the assessment herein provided for to cover the cost thereof; and the fact that the city of Atlanta has appropriated out of its general revenues a sum equal to ten per cent. of the total estimated cost of such improvement as a maintenance fund to be used as herein provided, and that the city guarantee the validity of the assessments, in the manner provided by this amendment to the charter of the city, and the ordinances made in pursuance thereof. Such certificates may be issued showing assessments in such sums not exceeding the total assessment against property owners and the street car company for the work done under this contract covered by such certificate, together with interest on deferred installments, or in any portion thereof, which shows a completed block or section. Certificates, authority to issue. SEC. 9. In the event any property, against which an assessment under the provisions of this amendment may have been levied, shall be transferred, it may be permissible for the purchaser of said property to assume the payment of the balance due on such assessment made as herein provided; and that such transfer of title shall not have the effect of cancelling the validity of the lien against the property, but the claim may be released as against the person so selling and attached against the person so purchasing. Transfer of title. Validity of assessment. SEC. 10. The property owners against whom assessments are levied as herein provided, upon the payment of the first installment, if the holder so desires, may execute notes payable to the holder or such party as he or it may direct as trustee for the holder of such assessments, liens, bills, etc., for the remaining installments; and the giving of such notes by such property owner, or the signing of a contract to pay in installments, shall be conclusive evidence against the property owner that he is satisfied with the contract so made and the assessment so levied, and he shall be precluded from denying the validity of said ordinance for the letting of such contract, the doing of such work, the completion of same in accordance with the contract,

Page 489

and the levying of said assessments for said improvement. Said notes may in the discretion of the holder of the assessments, liens, bills, etc., provide for the acceleration of the notes or series not yet due, upon default in the payment of any one thereof. Notes for installments, effect of. SEC. 11. Any street car company against which assessments for paving, re-paving or improving said street are levied under the provision of this amendment, shall have the same right and option to pay the said assessment in installments by a compliance with the requirements made of property owners taking advantage of such right to pay in installments; provided, that the lien for such work shall in no wise be waived by the city or the holder of the certificates, bills, assessments, etc., accepting such installment payments. Street car company right of. SEC. 12. The city shall hold the ten per cent. maintenance fund, as a special maintenance fund or deposit for the payment of such assessments, liens, bills, etc., as they mature in so far as said deposit or fund will permit the payment of the same. There shall thereupon be created by the city treasurer, a fund to be known as Street Improvement Fund, into which shall be paid the proceeds of the appropriations of ten per cent. and such sums as property owners hereinbefore provided for, pay into the street improvement collector, on the assessment for street improvements made under the contract as authorized by this Act. The money in said Street Improvement Fund shall be paid over to such contractor or holder of such assessments, liens, bills, etc., for the street improvements, provided for in this Act and the interest thereon. Street improvement fund SEC. 13. It is hereby made the duty of the parties against whom such assessments are levied, or the parties who are legally bound to pay the same, to make payments of such installments as the same shall fall due, or before they shall fall due, as hereinbefore provided, to pay the same to the holder of the assessments, liens, bills, etc., or to the city in cases where bill is deposited with it, which in

Page 490

that event shall hold and dispose of such moneys as a part of the Street Improvement Fund as hereinbefore referred to, by turning same over to such holder on or before the date the same is due. The city shall allow the use of its machinery of government for the collection of all of said assessments for the purpose of paying same as hereinbefore set forth, as provided by law at present. Payments of assessments. SEC. 14. It is expressly intended by this amendment to confer upon the city of Atlanta, acting through its mayor and general council, or such other legislative and administrative body as may succeed the mayor and general council, power to order the paving, re-paving or improvement of any streets, public alleys or public places in said city as above provided, on petition as hereinbefore set out, whenever in its judgment and discretion the same may be necessary, and whenever it shall provide the sum of ten per cent. of the total cost of such work as hereinbefore provided as a maintenance fund, and to assess the entire cost of the improvement in accordance with the provisions thereof against any street car company and abutting property; provided, that re-pavement of a street or portion of street can be ordered only when the existing pavement is worn out and no longer fit for use, to be determined as hereinbefore provided. Power herein conferred. SEC. 15. It is further provided that in the event the property owners owning more than fifty-five per cent. of such street or portion of street, where there are street car tracks and sixty-five per cent. where there are no such tracks, shall desire to have the same paved or to have such street re-paved, they may so indicate by petition to be filed with the mayor and general council, and so signify their willingness to pay the entire cost of such improvements, and ten per cent. of the cost of construction as the maintenance fund as herein provided, and upon such petition being so filed it shall be the duty of the mayor and general council in their discretion, to proceed to pass an ordinance to provide for such paving, or re-paving in the event the existing paving is worn out and no longer fit for use, to be

Page 491

determined as hereinbefore provided, with the kind of pavements specified in such petition, and for the assessment of the cost thereof against the property owners, and for the issuance of assessments and certificates therefor as hereinbefore provided, just as though the ten per cent. had been provided by the city. Owners of property may assume whole cost. SEC. 16. It is further provided that nothing in this amendment shall in any way be construed as taking away from the city of Atlanta the right to receive bids for the doing of such paving and other work with different kinds of pavements, but the right is hereby expressly continued in the city of Atlanta to call for bids on different kinds of pavement at the same time for doing the work with as many different kinds of pavement as specifications have been adopted for, and in the event the petition asking for the paving does not ask for a particular kind of pavement, the general council shall award the contract to the lowest and best responsible bidder for the kind of pavement with which they decide the street shall be improved, with the right reserved to reject any or all bids. Bids for different kinds of paving. SEC. 17. The property owners, owning a majority of the frontage of any street, exclusive of property owned by the United States, State of Georgia, county of Fulton, or city of Atlanta, if specifications for a certain kind of pavement have not been adopted and bids called therefor, may petition the mayor and general council for the improvement of said street with any particular kind of paving, either with or without the ten per cent. payment by the city under the provisions of this amendment; and the said city, if it deem such particular kind of paving or material so petitioned for a monopoly, may order such street so paved; provided, the owner of said pavement or material so monopolized shall file with the city authorities before receiving bids therefor an offer to furnish the particular kind of pavement or material petitioned for, at a fixed price satisfactory to the city authorities. The mayor, and general council shall have the right to reject any and all bids. Particular kind of paving.

Page 492

SEC. 18. The passage of the ordinance for paving, repaving or otherwise improving a street, or part of street, public alley, or other public place in said city, together with the ordinance assessing the cost of the same, and asserting liens, against property abutting thereon, shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on docket of the clerk of the superior court under the general registration law. Lien, notice of. SEC. 19. This Act is intended to provide a complete method for improving streets in the city of Atlanta, when the total cost thereof is to be assessed against abutting property and street railway companies, and all Acts and parts of Acts inconsistent with the provisions of this amendment are hereby repealed (except that this is a cumulative right, and all Acts and parts of Acts now in force in said city of Atlanta, shall continue in full force and effect, and this Act shall be considered as additional and supplementary thereto). This Act cumulative. SEC. 20. The mayor and general council shall have authority to pass such ordinances, and do such other Acts as may be necessary to give full force and effective operation to the provisions of this amendment. Powers. SEC. 21. The foregoing, to-wit.: Sections 4 to 22 of this amendment, shall not become operative or effective until same shall have been approved by a majority of the voters of the city of Atlanta voting at the next general election for said city for mayor, aldermen, councilmen or aldermen and councilmen and other officials to be held in December, 1915, and if a majority of those voting at said election shall vote in favor of the same, then the foregoing provisions shall become at once operative and effective and same shall at once thereby become a part of the charter of said city of Atlanta. At said election there shall be submitted to the voters the question of the adoption of such sections of

Page 493

this amendment by printing upon the ballot the following: For adoption of the amendment to the charter providing that the entire cost of paving and re-paving the public streets shall be borne by the abutting property owners, and Against the adoption of the amendment to the charter providing that the entire cost of paving and re-paving the public streets shall be borne by the abutting property owners. If a majority of those voting shall vote in the affirmative, these provisions shall at once become effective and operative. If a majority of those voting at said election shall be in the negative, the foregoing provisions and sections shall not be effective. The general rules for elections in said city shall apply to this election. Election as to adoption of foregoing. SEC. 22. That Carlton Street, being a street two hundred (200) feet westerly from the intersection of Wells and Bluff Streets and running northeasterly, even width, five hundred and ten (510) feet, more or less and being more particularly described in plat filed with the clerk of council of the city of Atlanta and attached to resolution requesting the closing of this street, approved June 10th, 1915, be and the same is hereby closed as a public highway and the mayor and general council relieved from keeping same up as a public street or for any liability on account of same being obstructed or closed and the public easement therein is hereby abandoned. Carlton Street closed. SEC. 23. That the mayor and general council of the city of Atlanta are hereby authorized and empowered and given full authority to regulate by ordinance places where moving pictures are shown, whether alone or in connection with vaudeville or other entertainment, and to establish rules and regulations governing the manner in which such pictures shall be displayed and the means by which pictures are exposed, especially with reference to the possibility of fire or crowding of patrons, exits, and air, and, furthermore, governing the matter of pictures displayed and to prevent the display of obscene or licentious pictures or other pictures that may affect the peace, health, morals and good order of said city; and furthermore, to provide for a

Page 494

board of censorship acting as a separate board, or with other established boards of the city, or otherwise, as may be deemed best, and to prohibit the display of any picture unless the same shall have been approved by such board, and to empower said board to approve or reject any picture or scene submitted for its examination when in the judgment of said board the same would affect the peace, health, morals and good order of said city; and furthermore, to provide by ordinance for the punishment of any person or corporation that may violate the ordinance passed under authority herein enacted to the same extent as other offenses are punished under the present charter of said city. Regulation of moving picture shows, etc. Board of censors. SEC. 24. That the mayor and general council be and they are hereby authorized where sewers are laid and assessed against the abutting property to receive payment thereof in five installments, to-wit.: one-fourth cash, the balance in one, two, three and four years, deferred payments to bear interest at the rate of seven per cent. per annum and said mayor and general council are further authorized in the name of the city to give said sewer work out by contract; provided, however, that in any such contract provision shall be made, whereby property owners whose property is to be assessed for the construction of said sewer shall be given the right and privilege of paying the contractor in the same way as herein provided, to-wit.: one-fourth cash, and the balance in one, two, three and four years, bearing interest at the rate of seven per cent. per annum, and bills therefor shall be turned over to the contractor as so much cash and the city relieved of any further liability thereof except that it guarantees the legality of the assessment covered by such bills, and furthermore agrees to furnish its machinery to aid the contractor, or his assigns, in the collection of such bills or executions based thereon. Sewers; assessments payable by installments, etc. In case any one of the installments, above provided for, shall fall due and remain unpaid, for any length of time, then the city or contractor, if such bills have been transferred to the contractor, shall have the right to have execution

Page 495

issued on such bills for the full balance due thereon with interest to date and proceed to collect same in the same manner as now provided for the collection of sewer assessments. Execution. SEC. 25. That the tax committee of the general council, at its first meeting following the organization of the general council each year, shall elect a chief clerk for the tax office. Such chief shall have charge of all returns, and in connection with such assistants as said committee or the general council may provide, is empowered to receive tax returns of all realty and personalty subject to taxation by the city of Atlanta, and he and his assistants are given the power to administer oaths to the persons returning same, and he and his assistants shall perform all the duties heretofore exercised by the tax assessors and receivers in receiving such returns, but not in making assessments, this authority to remain in the tax assessors. Such chief clerk and his assistants shall carry out and perform such other and further duties as may be imposed upon them by ordinance or by the tax committee, and it shall be their duty to secure adequate and just returns of all property in said city subject to taxation. Said chief clerk and his assistants shall deliver into the possession of the tax assessors all returns of personal property and shall enter upon the tax digest such returns together with all assessments of real estate, and such tax digest shall be so arranged as to contain all the property of each tax payer of the city after the full value of same has been finally assessed and approved by the tax assessors as above provided. Chief clerk of tax office, and assistants. Powers and duties. SEC. 26. That the limits of said city are hereby extended so as to annex and include the following territory within the present limits, to-wit.: All that parcel of land beginning on the line of the present city limits, being the land lot line between land lots 73 and 56 of the 14th district of Fulton County, at a point two hundred and thirty-one (231) feet north of the southeast corner of said land lot 73, and running thence north

Page 496

along said land lot line and said limits two hundred and fifty (250) feet, thence west, an equal width with front, two hundred and fifty (250) feet. Territory annexed. The jurisdiction of the city of Atlanta, as now defined in its charter, is hereby 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 ordinances they may deem advisable in readjusting said territory with the rest of the city; that all the legislative, judicial 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 the said city. Jurisdiction extended. SEC. 27. That the mayor and general council of the city of Atlanta, beginning with the year 1916, shall set apart from the revenues of each year the sum of ten thousand ($10,000.00) dollars and furthermore shall set apart the net receipts from the Cyclorama Building in Grant Park, beginning with the same year 1916, and the total amount for said two apportionments shall be put in a fund known as the Cyclorama Building Fund, and this fund shall be increased, from year to year, from like apportionments, until the total amount in said Cyclorama Building Fund shall reach the sum of one hundred thousand dollars ($100,000.00), whereupon same shall be expended by the authority of the mayor and general council for the building of a cyclorama, museum and similar quarters in Grant Park for the housing of the cyclorama picture and such collections suitable for a museum as the city may have or which may be donated for such purposes. That the mayor and general council are prohibited from using any part of said

Page 497

accumulation for any purpose whatever, and same shall be kept intact in said fund and shall be placed in the hands of the sinking fund commission and loaned out at interest by said commission until the total amount of one hundred thousand ($100,000.00) dollars is reached, whereupon same shall be expended as above provided. Cyclorama building fund, how raised, kept and expended. SEC. 28. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. BARNETT SHOALS, TOWN OF, INCORPORATED. No. 126. An Act to create and incorporate the town of Barnett Shoals in the county of Oconee, 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 town, and to declare the rights, powers, privileges and liabilities, of said corporation; to authorize said town to issue bonds and other evidences of debt for public purposes, such as for water works, sewers or other means of sanitation, or to levy and collect a tax for the construction of water works, sewers or other means of sanitation; to declare and define the police power of said town, and to declare and define the duties and powers of the officers of said town; to provide for the election of a mayor and council of said town, authorizing them to make and enforce the ordinances of the same, and for all other necessary purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of

Page 498

the same, That the town of Barnett Shoals, in Oconee County, be and the same is hereby incorporated as a town under the name of Barnett Shoals. Town incorporated. SEC. 2. That the municipal government of said town shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Barnett Shoals, and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred; C. L. Upchurch being hereby appointed and designated mayor of said town, and H. G. Hale, C. L. Lyprand, J. W. Baugham and R. L. Williams are appointed and designated as councilmen of said town to serve till their successors are elected and qualified. The mayor and council shall hereafter be elected annually on the third Saturday in September in an election to be at the same public place in said town between the hours of one and four o'clock, p. m.; said election to be held by three persons resident of said town who are qualified voters. Said election shall otherwise be conducted as are elections for the members of the General Assembly of Georgia, and the qualifications of voters shall be the same as in elections for members of General Assembly of Georgia, except that in all succeeding elections no resident of said town may vote in the elections thereof unless he has registered with the mayor in a book for such purpose, ten days before the election, making affidavit that he is qualified to vote for members of the General Assembly of Georgia, and owes no taxes to the said town which are past due. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall at once assume their official duties. After the first election and in all succeeding elections the election returns shall also be made to the existing mayor and council who shall canvass the same and preserve them for six months. Any contests of elections shall be had as now provided

Page 499

by law of Georgia, and any illegal voting to be punished as provided by the law of Georgia. Name. Mayor and council designated. Election. Voters to be registered. Returns. SEC. 3. The said mayor and council shall, after election, each take and subscribe the following oath in their minute book: We each do swear that we will faithfully and impartially administer the laws of the town of Barnett Shoals to the best of our skill and ability. Oath. SEC. 4. Said mayor and council shall hold regular monthly meetings, and any call meetings, when desired, to conduct the government of said town. They shall have authority to enact any ordinance or laws for the government of said town permitted by its charter. All such laws and ordinances shall be enacted in the following manner: Any proposed ordinance shall be presented in written form to the mayor and council in regular session for two sessions and shall receive a majority vote of the entire body (three votes) at two sessions before becoming a law, after which it must be recorded in their minute book kept by the mayor. Meetings. Authority. Laws and [Illegible Text] SEC. 5. Said mayor and council shall have authority to define offenses against the government of said town; to prescribe penalties and provide for the enforcement of its laws; to elect a marshal for said town and fix his salary; to require him to make bond to the said mayor and council in such sum as they may deem proper for the faithful performance of duty. Such marshal shall be elected annually for one year, and he shall arrest all persons violating the laws of said town, with or without warrant or summons, and carry them before the mayor for trial. He shall be the ministerial officer of the mayor's court and shall enforce its sentences or collect its fines; for all such services he shall receive such fees as the constable would receive for similar services in the justice court, to be taxed in the cost bill. He shall also enforce all the laws of said town and orders of the mayor and council. Offenses. Marshal, [Illegible Text] his duties. SEC. 6. The said mayor and council shall have the right to levy a tax on all the property in said town, not to exceed five mills per annum, the rate to be determined by a resolution

Page 500

supported by a majority vote and entered on their minutes. All taxes shall become due December first after which the mayor may issue fi. fas. for the collection of unpaid taxes which may be levied by the marshal; property to be sold, if personalty, before the place of holding election in said town after ten days' advertisement by posting (3) notices in said town; if realty, to be sold in the same place after (4) weeks advertisement in a newspaper of said county; the marshal shall execute deeds of title. All property in said town shall be returned to the mayor for taxation and entered in book for tax returns, and all property existing in said town on January 1st hereafter shall be taxable that year against the owner. All taxes, fines, and forfeitures shall be collected and held by the mayor and disbursed by him. He shall give bond to the members of the council after each election in the sum of ($500.00) for the faithful performance of his duty. Taxation. Bond of mayor. SEC. 7. The mayor shall hear and try all cases against persons charged with violations of the laws of said town and upon conviction may impose a fine not to exceed ($50.00) or in lieu thereof imprisonment at labor on the streets or public works of said town not exceeding (twenty-five days), or either in his discretion. If the mayor is disqualified, a mayor pro-tem, elected by the council shall act. Trials by mayor. SEC. 8. The said mayor and council shall have authority to lay off and maintain the public streets of said town and impose and collect annually of each citizen thereof who would be liable to pay the county commutation road tax the sum of ($3.00) as personal street tax. Streets. SEC. 9. The said mayor and council shall have authority to construct water works and sewers, paying for same with public funds of the town or by charges made for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce same. Water works and sewers. SEC. 10. The mayor's salary shall be fixed annually by the council of said town and shall be paid out of the public funds of said town's treasury and all other legal or necessary

Page 501

expenses of the government of said town, not otherwise provided for, shall likewise be paid. Salary and expenses. SEC. 11. Further enacted, That the corporate limits of said town shall extend as follows: Beginning at the mouth of Shoal Creek where same empties into the Oconee River, running thence up said creek to the point of intersection with the public highway; thence with said highway to Barnett's Bridge over said Oconee River; thence across river with bridge; thence with land line of James White, deceased, to a point 70 yards distant from river on west side; thence along said White's land line down said river 70 yards distant from river all the way to a point 100 yards above the concrete dam erected across said river by James White; thence across said river in a direction parallel with said dam to east bank of river; thence in same direction 30 feet; thence down river 30 feet distant from same to a point 100 yards below said dam; thence across river in straight line to west bank and in same direction 70 yards from bank; thence down river 70 yards distant from same to point opposite the beginning corner; thence in a straight line to the beginning point. Territorial limits defined. SEC. 12. Further enacted, That all laws and parts of laws in conflict with Act are hereby repealed. Approved August 13, 1915. BELMONT, TOWN OF, INCORPORATED. No. 2. An Act to incorporate the town of Belmont in the county of Hall; to define its limits; to provide for a mayor and council and other officers, and the election of same; to provide for municipal government for said town; to prescribe the powers and duties of the several officers and

Page 502

to provide for rules and ordinances, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Belmont, in the county of Hall be, and the same is, hereby incorporated as a town under the name and style of The Town of Belmont. Corporate name. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend as follows: Commencing at S. J. Vandiver's and John Cook's corner on the Amanda Little line; thence along S. J. Vandiver's and John Cook's line, and along Mrs. McEver's and John Cook's line to a hickory, the same being the corner between Mrs. McEver and Laneaster Bros.; thence in an eastern direction to the sour wood corner of the Lucy Ann Carter place; thence in an easterly direction 2250 feet, more or less, to a black oak where G. W. Hayes' line crosses the Ed Cobb Road; thence in a southeastern direction along G. W. Hayes' line, crossing the public road at G. W. Hayes' corner on said road, and continuing across J. B. Hudgin's and Misses Fowler's and T. W. Lancaster's lands to the Jackson County line, being a distance of 2,000 feet, more or less; thence along the Jackson County line to the Maddox Mill Road; thence along the south line of Lot No. 1 of the Andy Park place, to white oak corner of said lot on the Amanda Little line; thence along the Amanda Little line to the beginning corner. Territorial limits. SEC. 3. Be it further enacted by the authority aforesaid, That T. J. Shackelford be, and he is, hereby appointed mayor, and that D. J. Laneaster, J. B. Hudgins, Homer Simmons, W. A. Roberts and B. H. Carter be, and they are hereby, appointed councilmen from the town at large, and A. A. Lingefelt is hereby appointed as marshal. Said mayor and councilmen and marshal shall hold office from the date of the approval of this bill until the annual election as hereinafter provided. Mayor and councilmen designated. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1915, and annually

Page 503

thereafter, an election shall be held in said town, as shall be designated by the council of said town, for mayor and five councilmen, who shall hold their office for one year and until their successors are elected and qualified, but no one shall vote or be eligible for the office of mayor or councilman of said town who is not a resident of said town and who has not been a resident of the State of Georgia for twelve months, and of the county of Hall for six months, and of the town of Belmont for three months. Said election shall be held and conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority for the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election. Eligibility. SEC. 5. Be it further enacted, That entering on the discharge of their duties, the mayor and each councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of the State of Georgia to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor and councilman, as the case may be, of the town of Belmont, according to the best of my ability and understanding, so help me God. Oath SEC. 6. Be it further enacted, That said mayor and councilmen shall have the power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers, and to require such bonds for the faithful performance of [Illegible Text] duties as they may deem necessary and proper. Officers. SEC. 7. Be it further enacted, That the mayor shall be ex-officio a justice of the peace, and shall have the authority to issue warrants for any offense committed within the corporate limits of said town, and shall have the power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or to commit him to jail for

Page 504

violation of the laws of the State, and to admit to bail or commit to the guard house for violation of the ordinances of said town. Mayor's powers. SEC. 8. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided, they are not repugnant to the Constitution and laws of this State or of the United States. Ordinances. SEC. 9. Be it further enacted, That said mayor and councilmen shall have the power to levy and collect taxes not exceeding one dollar on every hundred dollars upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to compel all persons within said corporation, who are subject to road duties under the laws of this State, to work on the streets of said town, or to prescribe a commutation tax, which may be paid in lieu of work upon the streets; provided, that the corporate limits shall extend only as prescribed in Section 2 of this Act, for the purpose of raising the said tax of one dollar on every hundred dollars. Taxation. SEC. 10. Be it further enacted, That the mayor and council of said town shall have the power to pass any ordinance not in conflict with the Constitution or laws of this State or of the United States, to prohibit the storage or keeping of wine, beer, white hops, malt or intoxicating liquors of any kind for any illegal purpose within the corporate limits of said town, and to punish any person for violating the said laws or ordinances. Intoxicating liquors. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance or resolution. Nuisances. SEC. 12. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro-tem, who shall be elected by the councilmen from their own number, shall be

Page 505

chief executive officer of said town; he shall see that ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons of said town; he shall have power to issue execution for all fines, penalties and cost imposed by him, and he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard house of said town not exceeding fifty days, or may order the offender to work not exceeding fifty days on the streets of said town; provided, that no fine shall exceed fifty dollars for any one offense; but the mayor is hereby vested with full power and authority to inflict for any such offense either one or more or all of said penalties, in the discretion of the mayor. Mayor and mayor pro tem. Duties. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall have become vacant by death, resignation or otherwise, the remaining members of the council may fill the vacancy by appointing from among the citizens of said town eligible to such office under the provisions of this charter. Vacancies, in office. SEC. 14. Be it further enacted, That in the meetings of said council, the mayor shall not be allowed to vote except in cases of election, and a tie vote of the council. Mayor's vote. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1915.

Page 506

BLAKELY CITY CHARTER AMENDED. No. 257. An Act to amend an Act entitled An Act to create and incorporate the city of Blakely, approved December the 18th, 1900, so as to change the method of the election of officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the mayor and council of the city of Blakely shall be elected on the first Tuesday in August, as follows: The first election under this Act shall be held on the first Tuesday in August, 1916, at which time a mayor and four (4) members of council shall be elected; their terms of office to begin on January 1st, 1917. The present mayor and council shall hold their respective offices until the first day of January, 1917. Two of the four members of council elected at the above stated time shall hold office for one year, and two shall hold office for two years. Election of mayor and council. SEC. 2. Be it further enacted by the authority aforesaid, That the length of term of office of the mayor and councilmen shall be two (2) years each, except as herein otherwise provided; but two councilmen shall be elected each and every year, and the mayor shall be elected every two years, after the year 1916. Term of office. SEC. 3. Be it further enacted by the authority aforesaid, That at the first meeting of the new council, on or after January 1st, 1917, the members shall choose by lot which two shall serve for one (1) year, and which two shall serve for two (2) years, the result of which choice shall be declared by the mayor and ordered spread upon the minutes of the clerk of the city council. The successors to those two whose term shall expire first shall be elected on the first Tuesday in August, 1917, and the successors of the other two shall be elected on the first Tuesday in August, 1918, at the same

Page 507

time that the mayor of the city of Blakely shall be elected; provided, that no member of the council of 1915 shall be eligible to serve in the council to be elected in August, 1916. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor shall not be permitted to succeed himself in office, neither shall he be elected as councilman to succeed himself as mayor, neither shall any person be allowed to be elected mayor immediately after having served as councilman. [Illegible Text] SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and each councilman shall receive the sum of fifty ($50.00) dollars, each per annum, for their services as such mayor or councilmen, and shall receive no other compensation for such services. [Illegible Text] SEC. 6. The salary of each member of the council so elected shall be twenty-five dollars, and the salary of the mayor elected under the provisions of this Act shall be one hundred dollars. [Illegible Text] SEC. 7. Be it further enacted, That on the first Tuesday in August (1916), there shall also be elected a marshal, who shall serve one year, from January 1st, 1917, unless removed by a majority vote of the council for good and sufficient cause. In event of such removal by said council a successor may be appointed by it, which appointee shall serve until the next city election, at which time a new marshal shall be elected. Provided, that nothing in this Act shall be construed as preventing council from placing said marshal under a sufficient bond. Marshal. Removal. Bond. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 508

BLUE RIDGE CITY COUNCILMEN, ELECTIONS. No. 154. An Act to amend the charter of the city of Blue Ridge, in Fannin 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, an Act approved August 10th, 1911, amending the charter of the city of Blue Ridge be and the same is hereby amended by repealing and striking from said Act, Sections Three (3) and Four (4) thereof, which sections provide for the number of councilmen, their election and the election of their successors. Act of 1911 amended. SEC. 2. Be it further enacted by the authority aforesaid, That in lieu of Sections Three (3) and Four (4) above repealed, that the following be inserted therefor: That on the first (1st) Saturday in December, 1915, there shall be elected by the qualified voters of the city of Blue Ridge, a mayor and three (3) councilmen. The mayor and two (2) of the councilmen shall serve for two (2) years, and until their successors are elected and qualified. One of the councilmen so elected, shall serve for only one (1) year. Biennially thereafter, there shall be elected a mayor and two councilmen, each to serve two years, and until their successors are elected and qualified. On the first Monday in December, 1916, and biennially thereafter, three (3) councilmen shall be elected for the term of two (2) years. Each of the officers so elected shall begin service on the first day of January following their election; provided, that the three (3) councilmen heretofore elected and now serving, shall serve out their full term of office, except the term of the councilman which would otherwise expire January 1st, 1918, shall expire January 1st, 1917. Election of mayor and councilmen. Terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties,

Page 509

each of the officers so elected shall take and subscribe the following oath: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be), of the city of Blue Ridge, for the ensuing term, and that I will faithfully and impartially enforce the charter and ordinances of the city of Blue Ridge, to the best of my skill and ability, without fear or favor, so help me God. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That in the event of a vacancy by death, resignation, removal, or otherwise, occurring more than three (3) months prior to the next regular election thereafter, that then, and in that event, it shall be the duty of the mayor or councilmen, within ten days following such vacancy, to call an election to fill such vacancy. Notice of such call election shall be published in the official organ of said city. The party so elected shall hold office until the expiration of the term of such vacancy. In the event that such vacancy occurs within three (3) months next preceding the regular election, then there shall be no election called to fill such vacancy, but such vacancy shall be filled by election at the regular election so occurring. Vacancies how filled. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws, in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. BOSTON CITY; AUTHORITY TO PUNISH. No. 243. An Act to amend the Act approved November 25, 1893, amending the charter of the town of Boston, in the county of Thomas, as appears in the published Acts of 1893, page 190, by changing and fixing the penalties to be imposed

Page 510

by the mayor upon offenders, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act mentioned in the caption of this Act, namely, an Act approved November 25, 1893, page 190, of the Acts of 1893, be and the same is hereby amended by striking out all of Section 7, of the Act, and inserting instead the following: Act of 1893 amended. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor shall have authority to punish all persons convicted before him of any violation of the penal ordinances of said city of Boston by fine not to exceed one hundred ($100.00) dollars, to work upon the streets of said city, not exceeding ninety days, to be in the guard house, or prison of said city, not exceeding thirty days, any one or more of said penalties in the discretion of the mayor. Authority of mayor to punish. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. BUTLER, CITY OF, INCORPORATED. No. 181. An Act to amend, revise and consolidate the Act granting corporate authority to the town of Butler and all Acts amendatory thereof; to confer additional powers upon the mayor and city council of Butler; to have the same incorporated as a city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the city of Butler, in the county of Taylor, is hereby incorporated and the limits of the incorporation

Page 511

shall extend one mile in every direction from the court house in said city. City incorporated. Territory SEC. 2. That the municipal government of said city 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 city of Butler, and by that name and style shall have perpetual succession; be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded and to do all other acts relating to their corporate capacity, and shall have power to purchase, acquire, hold, receive, enjoy and possess, and to retain to them and their successors, for the use and benefit of said city in perpetuity or any term of years, any estate, real or personal, lands, tenements or hereditaments of what kind or nature soever, either by gift, grant, demise, purchase or otherwise, and may sell, alien, convey or exchange the same or any part thereof in any way whatsoever. Name of corporation Powers. SEC. 3. That the corporate powers of said city shall be vested in a mayor and five aldermen, who shall be elected on the second Saturday in January, every two years; that said mayor and five aldermen shall hold their offices for two years, or until their successors are elected and qualified and all citizens residing in the corporate limits of said city thirty days previous to said election who shall be entitled to vote for the members of the General Assembly and who have registered as such voters for members of the General Assembly, shall be entitled to vote for said mayor and aldermen. Election of mayor and aldermen. SEC. 4. The election for said mayor and aldermen shall be held at the court house in said city; said election shall be held by the clerk of the superior court of said county, and any two freeholders residing in said city, who shall take the same oath that managers of election for members of the General Assembly are required to take; and said election shall be conducted in the same manner that election for members of the General Assembly are provided for in the Code of Georgia.

Page 512

SEC. 5. That the managers of said election shall seal up one list of voters, who voted for mayor and aldermen, and one tally sheet, which shall be delivered to the ordinary of said county, the day after said election, by any one of the said managers, and the ordinary shall, within three days, open the same and declare the persons having the highest number of votes duly elected mayor of the city of Butler, and commission him accordingly, unless the election is contested, in which event the person desiring to contest said election shall give his opponent notice in writing of the same, and the ground of contest, within two days after said election, and also give the ordinary notice to withhold commission from the person who claims to be elected. Returns. Contest. SEC. 6. That the managers of said election shall also seal up one list of voters who voted for aldermen, together with one tally sheet, which any one of said managers shall deliver to the ordinary of said county, the day after the election, and the ordinary shall, within three days, open the same, and declare the five persons having the highest number of votes duly elected aldermen of the city of Butler, and commission them accordingly, unless said election is contested; in that event, the same proceeding shall be had as in case of contested election of mayor of the city of Butler. Commission. SEC. 7. That the ordinary of Taylor County shall decide all contested elections for mayor or aldermen of the city of Butler; the same shall be heard and passed upon within twenty days after the election, under such rules as the ordinary may prescribe for taking of evidence, etc.; both parties shall have five days' notice of the time when said contested election shall be decided, and the decision of the ordinary shall be final and the ordinary, after deciding who was elected shall commission the person accordingly. Contested elections. SEC. 8. That illegal voting at any election held for mayor or aldermen of said city shall be punished in the same manner as illegal voting at an election held for members of the General Assembly. Illegal voting. SEC. 9. That no person shall be eligible to the office of

Page 513

mayor or aldermen of the city of Butler, who does not reside within the corporate limits of said city, and who is not eligible to a seat in the lower house of the General Assembly. Eligibility. SEC. 10. That all meetings of mayor and aldermen, the mayor shall preside if present; if not, the mayor pro tem, and in his absence, any one of said aldermen that may be selected for that purpose, and the mayor and three aldermen, or the mayor pro tem and three aldermen shall constitute a quorum for the transaction of any business, and the mayor, or mayor pro tem, shall in no event vote unless there is a tie, then he shall have the casting vote; a majority of votes shall determine all questions at an election, and the mayor, and in his absence the mayor pro tem, shall be ex-officio justice of the peace, with criminal jurisdiction, for offenses committed within the corporate limits of said city, for purposes of commitment and bail, as justices of the peace now have under the laws of this State. Meetings of council. SEC. 11. That the mayor and aldermen of said city shall have full power and authority to enact and promulgate all laws and ordinances, as to them may seem proper, for the government of said city; to remove pests and nuisances; to condemn and remove all houses or structures that may be deemed injurious or dangerous to the public and to perform all other acts necessary and proper to carry out the provisions of this Act, and all contracts in their corporate capacity, which they may deem necessary for the welfare of said city; provided, none of said laws or ordinances conflict with the Constitution of the State of Georgia or of the United States. Ordinances. Contracts. SEC. 12. That the mayor, and in his absence the mayor pro tem, and, in his absence, any two aldermen of said city, shall have full power and authority to hold court for the trial of offenders against any or all of the laws or ordinances of said city, and to punish for each and every violation thereof within the corporate limits of said city by a fine, not to exceed $200, or by imprisonment in the jail

Page 514

of said county; if the city has no guard house or barracks, but if said city has a guard house or barracks imprisonment therein, not exceeding thirty days, or by working on the public streets of said city thirty days, and any one or more of the punishments may be ordered, in the discretion of the mayor or aldermen trying the case. Police court. Punishment. SEC. 13. That said mayor and aldermen, before entering upon the duties of their respective offices, shall go before the ordinary of said county, or some other officer authorized to administer an oath, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor or aldermen of the city of Butler, during my continuance in office, so help me God. Oath. SEC. 14. That the mayor and aldermen shall, as soon as convenient after being qualified, proceed to elect, by ballot, and, if deemed necessary, deputy marshal, clerk of council and treasurer, and any other officer they may deem necessary for the government of said city, each of whom, unless removed, shall remain in office two years, or until their successors are elected and qualified, and shall take and subscribe, before entering upon the duties of their respective offices, and take such oath as the mayor and aldermen may subscribe and execute such bond as said mayor and aldermen may require payable to the mayor and aldermen of said city, conditioned for the faithful performance of the duties of their respective offices. That said mayor and aldermen shall have full power over said officers to remove from office, or to punish by fine not exceeding $200.00 for any neglect, malpractice in or abuse of office. Officers. SEC. 15. That, in case the mayor or any alderman, while in office, shall be guilty of any willful neglect or abuse of said office, he, or they, shall be liable to indictment before the superior court of said county, and, on conviction thereof, shall be fined a sum not exceeding $500 for each and every offense, or imprisonment in the jail of said county not exceeding six months and shall be removed from office by the

Page 515

court at which he or they are tried and convicted, and all such fines shall be collected and paid over to the treasurer of said city. Abuse of office. SEC. 16. That if the office of mayor shall become vacant by death, resignation or otherwise, the aldermen of said city shall fill such vacancy by election of one of said aldermen for mayor to fill the unexpired term, who shall, before entering upon the duties of said office, take and subscribe the oath herein above prescribed for mayor. Vacancy. SEC. 17. That if the office of any one of the aldermen of said city shall become vacant by death, resignation, or otherwise, the mayor shall appoint someone to fill the unexpired term, who, before entering upon the duties of his office, shall take and subscribe the oath, prescribed for aldermen in the preceding section of this Act. Vacancy. SEC. 18. That all elections for mayor and aldermen shall be held under the same rules and regulations that are prescribed in Sections Three and Four of this Act, and the next election thereunder shall be held on the second Saturday in January, 1917. Elections. SEC. 19. That in case there should be, at any time, a failure to elect a mayor and aldermen of said city, as provided in this Act, the ordinary of said county shall order an election, giving ten days' notice of the same, which election shall be held in the same manner and for the regular election of mayor and aldermen of said city as pointed out by this Act. Failure to elect. SEC. 20. That all warrants issued by the mayor of said city against any person charged with a crime against the laws of this State, shall be directed to the marshal of said city, and to any sheriff, deputy sheriff, or constable of said State. Warrants. SEC. 21. That all fines imposed on any offenders against the laws and ordinances of said city shall be collected by imprisonment of the offender in the guard house or barracks of said city, and if such prisons are not established or in sanitary

Page 516

condition, then in the jail of said county, or by execution against said offender, which execution shall be issued by the clerk of the court trying the offender, and in favor of the city of Butler and shall be attested in the name of the mayor and shall be directed to the marshal of said city and all and singular the sheriff of said State, and all executions issued under the provisions of this Act shall be of the same dignity and rank as executions from any of the courts of this State. The mayor shall have authority to amend any mere irregularity in the form of execution of any writ issued by him or by the clerk of said city. Fines. Executions. SEC. 22. That the mayor and aldermen shall have power to fix and regulate the salaries of any officer they may elect, which salary shall not be increased or diminished during the term to which said officer may be elected. Salaries. SEC. 23. That the expenditures of the mayor and aldermen and the compensation of the city officers shall be paid out of the city funds by an order drawn by clerk of council upon the treasurer and countersigned by the mayor or the mayor pro tem. Expenditures. SEC. 24. That said mayor and council of the city of Butler shall have power and authority to levy and collect a tax upon all the taxable property, both real and personal, within the corporate limits of said city, annually, as they shall deem necessary, for the support and maintenance of said city government, one-half of one per centum; for educational purposes and to maintain a system of public schools in said city, one-half of one per centum, which taxes shall be levied and collected at the same time and in the same manner, but shall be applied, pro rata, to the purposes for which the same were levied and collected. Said mayor and council shall have power and authority to levy and collect an additional tax for extraordinary purposes, but if such additional tax is required the question of additional tax shall be submitted to a vote of the qualified voters of said city, as provided by the general law of force at the time governing such matters. Taxation.

Page 517

SEC. 25. Be it further enacted, That it shall be the duty of all taxpayers and owners of taxable property within said city, and they and each of them, either by themselves, or by an agent, are hereby required to make annual returns under oath to the clerk of said mayor and council, or to such other officers as said authorities may appoint for such purpose. And in case any person, firm, or corporation, shall refuse or fail to make such returns or shall make any return deemed incorrect, said mayor and aldermen may assess the property of such person or persons, and fix such value as they may deem correct and just, and all taxes and fines imposed and levied by said authorities shall be collected in the following manner: An execution for the sum due and all cost, shall be issued by the clerk of council, bearing test in the name of the mayor against the estate, both real and personal, of such defaulter, and directed to the marshal and shall be levied by the marshal or deputy marshal, in the manner hereinafter directed. Returns for taxation. Execution. SEC. 26. That all sales made by said marshal, or deputy, of any real or personal property under any execution issued by said clerk of council for any taxes or by the clerk of the mayor's or alderman's court for any fines or forfeitures of bonds shall be made in the same manner in said city that sheriff's sales are made, and the deed of the marshal, or deputy, or their successors in office, made in accordance with such sales shall be as effectual to pass title to any property sold under such process as the deed of the defendant in execution. Sales under execution. SEC. 27. That upon failure to appear of any principal in any bond given by a person charged with any offense against the laws and ordinances of said city, or by any prosecutor to prosecute, or by witness to appear and testify at any court held by the mayor or aldermen of said city, such bond shall be forfeited before said mayor or aldermen at any term of court in the same manner as provided for in like cases in the Code of Georgia, and the clerk of said mayor's court shall issue executions in accordance with the judgment of said court, which execution shall bear test in the name of the

Page 518

mayor of said city and in favor of the city of Butler; such executions shall be of the same dignity as executions from any court of this State. Forfeiture of bond. SEC. 28. That the mayor, or alderman, upon the trial or examination of any offender against the laws of this State, or laws or ordinances of said city, shall have power to issue all processes, writs and subpoenas to carry out any of the provisions of this Act or to execute any of the powers therein granted, and which processes, writs and subpoenas shall be signed by the clerk and bear tests in the name of the mayor, or other officers acting pro tem, and be served by the marshal or deputy marshal. Processes, etc. SEC. 29. That the costs for issuing, serving, and executing all warrants, processes, writs and subpoenas authorized by this Act, for violation of any of the laws of this State, and laws or ordinances of said city, shall be the same as upon similar warrants, processes, writs and subpoenas by the laws of this State, and shall be paid by the offender or offenders, in case he or they be found guilty of the alleged violation. Costs. SEC. 30. That the marshal or deputy marshal shall have full power and authority to call to his aid any and all of the male citizens of said city capable of bearing arms for the arrest or apprehension of any offender against the laws of this State or the laws or ordinances of said city; and in case any citizen shall refuse to render such aid, he shall be liable to such fine as the mayor and aldermen may impose not exceeding $25.00 or imprisonment for ten days, either or both. Arrests, power as to. SEC. 31. That it shall be the duty of the jailor of said county of Taylor to receive, confine and safely keep, within the jail of said county, all prisoners committed under the authority of this Act under like penalties and subject to the same action as in case of prisoners committed under authority of this State. That the city of Butler shall be liable for jail fees committed by the mayor and aldermen of said

Page 519

city except the jail fees of such prisoners as are permitted to await trials at the superior court of said county. County jailor. Jail fees. SEC. 32. That the mayor of said city shall receive for his services such sum, per annum, as may be fixed by the aldermen of said city, not exceeding the sum of $300, which shall not be increased or diminished during his term of office. Said aldermen shall receive not exceeding one dollar for each attendance upon the meetings of mayor and council; provided, such amounts shall be paid only for attendance upon monthly meetings. Salaries. SEC. 33. That hereafter when any fi. fa. issued by the corporate authority of said city for fines, forfeitures, taxes, or any other debt or demand due said corporation, shall be levied on any property, and claimed by any other person not a party to said fi. fa. that said claim shall be interposed under the same rules and regulations as are prescribed for claim cases in the State courts, and said claim shall be returned and tried in the first court having jurisdiction thereof. Claims on levies. SEC. 34. That all laws and ordinances now of force within the corporate territory known as the Town of Butler, not in conflict with this Act shall inhere to, continue and remain of force in the corporate territory included by this Act in the city of Butler. Existing laws of force. SEC. 35. That said mayor and aldermen shall have power and authority to have built and constructed a suitable guard house or barracks, on some convenient lot in said city according to such plans as said authorities may prescribe, the contract of which shall be let to the lowest bidder, the expenses of which shall be paid out of funds of said city not otherwise appropriated. The title to which prison house shall vest in the mayor and council of the city of Butler and it shall be the duty of the authorities of said corporation to keep and maintain the same for the purposes hereinafter enumerated. Guard house. SEC. 36. Every offender against the laws and ordinances of said city, immediately after arrest, unless good and [Illegible Text]

Page 520

bond be executed by the offender, conditioned for his appearance for trial, shall be placed in said guard house or barracks until the date of trial of said offender. All fines and sentences imposed on any offender against the laws and ordinances of said city may be collected by imprisonment of the offender in said guard house, barracks, or jail, if available and practicable; if otherwise, then in the jail of said county as hereinbefore set out, or by execution against said offender or by working said offender on the streets of said city as set forth in this Act. Imprisonment SEC. 37. Be it further enacted, That said mayor and council shall have power to license, regulate, and control all taverns, hotels, cafes, restaurants, boarding houses; livery stables; drays, automobiles, and other vehicles; auctioneers, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds; lightning rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds; itinerant dealers in jewelry and all other venders of articles, goods, wares and merchandise of all kinds whatsoever; every keeper of a billiard table, pool, or other tables kept for public use; every keeper of a shooting gallery, ten pin alley; upon the keeper of any other stand or place for any game or play where charges are made; upon the keeper of flying horses, skating rinks; insurance agents; life or fire insurance companies; brokers and dealers in futures; agents for any other business or calling whatever; keepers of slaughter houses, beef markets, green grocers, dealers in fish, oysters, vegetables, fruits and other articles of food; upon every junk shop, pawn broker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of the State of Georgia are subject to license and corporate tax. Business licenses. SEC. 38. That said authorities shall have power to levy and collect as a street tax, in addition to other taxes, a tax not exceeding five dollars upon each and every male person between the ages of 21 and 50 years, residing within said corporate limits, except licensed ministers of the gospel in the regular discharge of ministerial duty and in active

Page 521

charge of one or more churches, and all persons who have lost a leg or an arm, or who have by reason of deformity or affliction lost the use of their arms or legs; provided, that any person so taxed shall have the opportunity to work streets of said city, and may relieve themselves of said tax by working on the streets not exceeding 15 days of each year. And if any person fails or refuses to pay said taxes or to work on said streets as required in lieu thereof, said person shall be punished by the mayor as for other contempts for failure to comply with the order of the mayor in such matters. Street tax. Street work. SEC. 39. Be it further enacted, That said mayor and city council of Butler shall have full and complete control of the streets, alleys, sidewalks and squares in said city. And to regulate the grading and draining of said city. Whenever said mayor and city council of Butler shall exercise the power herein delegated and shall fail to agree with the owner or owners of the property used or damaged as to the amount of damages, said mayor and city council of Butler shall choose 1 appraiser and the owner of the land to be used or damaged shall choose another appraiser and the 2 thus chosen, if they fail to agree, shall select a third appraiser, and these three appraisers after being sworn to do justice to the parties shall assess the damages to the owner of the property caused by the opening or changing of such street, alley or square; 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, for the period of five days, fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraisers. Said appraisers shall reside in said city. The award of the appraisers shall be in writing and filed within five days in the office of clerk of the superior court of said county and shall thereupon operate as a judgment, and execution may issue thereon by the clerk of said court. Either party within ten days from the filing of the award enter an appeal to the superior court of said county. All costs including the fees of the appraisers shall be paid by the city and at any stage of the

Page 522

proceedings, before or after the final award, said mayor and council may, by paying to the property owner all expenses incurred by him, withdraw the proceedings and decline to take the property or to make the change in such street, sidewalk, alley or square. Streets and [Illegible Text] Appraisement of property for opening streets, etc. Award. Appeal SEC. 40. That said mayor and council shall have full power and authority to call an election, as now provided by law, to determine the question of whether or not the requisite number of qualified voters in said city favor the issuance of bonds for the maintenance of a system of water works, sanitary sewerage, or electric lighting system for said city. That said mayor and council shall have full power and authority to maintain a system of water works, sanitary sewerage, electric lights, or any other public utilities for said city. Said mayor and council shall have power to pass such ordinances and enforce compliance therewith by suitable penalties that may be necessary for the protection of the city water works, sewerage system, and electric light plant and to make rules and regulations respecting the introduction of water, lights and sewerage anywhere within said corporate limits. Said council shall have the power and authority, to assess the real and personal property of the owners of said public utilities and all franchises used by the same when in the hands of owners other than the city. And shall have authority to pass such ordinances as are necessary to regulate and control said public utilities. Bonds, election as to issuance of. SEC. 41. The said mayor and city council shall have power to fix and establish fire limits and from time to time to enlarge, restrict or change the same; to provide a fire department and system of fire alarms. It shall be unlawful for any one to build or cause to be built houses or structures of any kind other than fire proof buildings, except by special permission of said mayor and city council, and in case of any offense against ordinances passed on this subject said mayor and council after five days' notice given shall cause said non-fire proof building to be removed at the expense of the owners or builders thereof, to be collected by execution as by other executions issued by the city; and the said

Page 523

mayor and city council shall have the right to determine what are and what are not fire proof buildings. Fire control. SEC. 42. That said mayor and city council shall have power and authority to enforce by execution the collection of any amount due or to become due it for taxes, water, rent, electric light dues, license fees and assessments of any kind for fines or forfeitures and for any other debt due the city, such execution to be issued by the clerk and treasurer against the person, corporation or firm by whom any such debt may be due, which execution may be levied by the marshal against any property of the owner against whom said execution shall issue and the same shall be sold as provided for marshal sales as provided for in this Act. Executions. SEC. 43. That said mayor and city council shall have power to establish such quarantine regulations against persons who have been exposed to contagious or infectious diseases as it may deem proper and to establish a pest house within said city and to cause to be removed to said pest house all persons afflicted with contagious or infectious diseases except such persons as shall at their own expense provide suitable and sufficient guard to successfully quarantine the premises where said case of contagious or infectious disease may be located, to have control over all cemeteries or burial grounds within said corporate limits and to regulate the burial of the dead in such cemeteries or burial grounds within said corporate limits. Said mayor and council of said city shall have power and authority to pass such ordinances with suitable penalties for violation of same and to fully enforce same. [Illegible Text] SEC. 44. Be it further enacted that said mayor and council of the city of Butler shall have the power and authority to establish and regulate markets; to prescribe the time of holding same open; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, goats, dogs and other animals, from going at large in said city; to regulate the keeping of gunpowder, dynamite and other

Page 524

combustible or inflammable material; to enforce law, peace and order in said city, and for this purpose to appoint when necessary a police force sufficient to assist the city marshal; to fix their terms of service and compensation; to require bonds from them when deemed necessary, conditioned for the faithful performance of their duties. To establish and maintain pounds for the purpose of impounding any animal taken up when running at large on the streets of said city, and to charge the owner whatever cost or expense there may be for taking up and impounding such animal, to impose such penalties as may be prescribed against any person for breaking said pound, or for taking away any animal taken up and placed anywhere by the marshal or his deputies, or from the possession of said marshal, or other police officer after such animal has been taken up for running at large; to pass suitable ordinances for the enforcement of this section. Markets; and other regulations. SEC. 45. Be it further enacted, That the present mayor and aldermen, marshal, clerk and treasurer of the Town of Butler shall become automatically the mayor and aldermen, marshal, clerk, and treasurer of the city of Butler with the passage of this Act and shall hold and exercise the duties of their respective offices for the terms for which they were elected, and the first election for mayor and aldermen of the city of Butler shall be held on the second Saturday in January, 1917. Present officers hold until 1917. SEC. 46. Be it further enacted, That the provisions of this Act shall not become effective until ratified by a majority of the qualified voters of said town in an election to be held at such time as the mayor and council see fit to call same. This Act effective if ratified. SEC. 47. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 525

CAMILLA CITY WATER AND LIGHT SYSTEM. No. 160. An Act to amend an Act entitled An Act to amend an Act to create a new charter for the city of Camilla, and for other purposes, approved August 11th, 1913, so as to strike the first section of said amendatory Act and insert in lieu thereof the section hereinafter set out, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That from and after the passage of this Act, Section One of said amendatory Act, approved August 11th, 1913, be and the same is hereby stricken. Act of 1913 amended. SEC. 2. Be it further enacted, That in lieu of said Section One the following shall be, and the same is, hereby inserted: The water and light system of the city of Camilla shall be under the direct and immediate control of the mayor and aldermen of said city; and the mayor and aldermen of said city shall have the right and power in their discretion, by ordinance, to create a water and light commission to be composed of such number of persons, either aldermen or others, and prescribe the compensation to be received by the members of said commission. Control of water and lights. 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, 1915.

Page 526

CARROLLTON CITY POLICE REGULATIONS. No. 91. An Act to amend an Act entitled An Act to authorize and empower the mayor and city council of the city of Carrollton to enact and enforce police rules and regulations over the Agricultural and Industrial College grounds of the Fourth Congressional District in Carroll County, and over the public highway thereto from said city, and to pass such ordinances as may be necessary for the protection of its water mains, hydrants, etc., along said highway and in said grounds as may not be in conflict with the laws of this State, and also for the protection of any electric wires and lights along said highway and on said grounds, that it may install or authorize installed thereon, so as to definitely describe the grounds of said Agricultural and Industrial College. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 1 of the above recited Act, as it appears on page 517 of Georgia Laws of 1907, be amended by adding the following after the word county, in the sixth line thereof, to-wit.: Two hundred and seventy-five acres of land lying and being in the 10th District of Carroll County, being all of lots of land nos. 99 and 100, lying north of the Carrollton and Bowdon Public Road and the Black's Bridge Public Road, except six acres off of the east side of lot no. 99 lying north of said Carrollton and Bowdon Public Road; said land being bounded on the east 79.24 rods by land of Mrs. E. A. Ragan; south by said Carrollton and Bowdon and Black's Bridge Public Roads; on the west 122 rods by property of W. H. Shaw; on north 354 rods by property of Mandeville Mills and property formerly owned by Mrs. E. A. Sharpe, now owned by estate of Homer Boatwright, so that said section shall read as follows: Be it enacted by

Page 527

the General Assembly of Georgia, That the mayor and city council of the city of Carrollton, in the county of Carroll, be and are hereby authorized and empowered to enact and enforce such police rules and regulations over the Agricultural and Industrial College grounds of the Fourth Congressional District in said county, to-wit.: Two hundred and seventy-five acres of land lying and being in the 10th District of Carroll County, being all of lots of land nos. 99 and 100, lying north of the Carrollton and Bowdon Public Road and the Black's Bridge Public Road, except six acres off of the east side of lot no. 99, lying north of said Carrollton and Bowdon Public Road; said land being bounded on the east 79.24 rods by land of Mrs. E. A. Ragan; south by said Carrollton and Bowdon and Black's Bridge Public Roads; on west 122 rods by property of W. H. Shaw; on north 354 rods by property of Mandeville Mills and property formerly owned by Mrs. E. A. Sharpe, now owned by estate of Homer Boatwright, and over the public highway thereto from said city, as they may deem necessary for the good order, peace, health and quiet thereof and for the protection of its water mains, hydrants, spigots, and other attachments thereto, and of the electric [Illegible Text] and electric lights, posts and other attachments it may install or authorize installed on said grounds and along said public highway, and fix suitable penalties for the violation of the same. Act of 1907 amended. To be read. Police regulations for college grounds. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 12, 1915.

Page 528

CARROLLTON CITY TAX ASSESSORS. No. 73. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Carrollton; to confer additional powers upon the mayor and city council of Carrollton; to extend the corporate limits of said city, and for other purposes, so as to increase the number of tax assessors of said city from three to five, and provide that they shall be elected one from each ward of said [Illegible Text] and one from the city at large. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 22 of the above recited Act, as said section appears on page 478 of Georgia Laws 1890-1891, Volume 2, be amended by changing the word three, in the fourth line thereof to the word five, and add the following sentence, after the end of the first sentence of said section: They shall be elected as follows: one from each of the four wards of said city, and one from the city at large, so that said section, when so amended, shall read as follows: Section 22. Be it further enacted, That the mayor and council at their first meeting after the passage of this Act and annually thereafter when the marshal and clerk of said city are elected, shall elect five tax assessors of said city, who shall be freeholders in said city, residents therein and twenty-one years of age. They shall be elected as follows: one from each of the four wards of said city, and one from the city at large. They shall serve until their successors are elected and qualified, and the mayor and council shall have authority, at any time, to fill vacancies caused by death, resignation or otherwise. Act of 1891 amended. To be read. Election of tax assessors. 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, 1915.

Page 529

CARROLLTON CITY TAX INCREASE. No. 64. An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the city of Carrollton, approved September 9, 1891, so as to limit the ad valorem tax on all real and personal property within the incorporate limits of said city to three-fourths of one per centum, per annum, and limiting said tax to forty-one hundredths of one per centum, so that said city may be allowed to collect an additional twenty-five hundredths of one per centum for two municipal years 1915-16 and 1916-17, for the sole purpose of paying the present floating indebtedness of said city and providing that the money so raised shall not be appropriated to any other purpose. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 1 of the above recited Act, as it appears on page 163 of Georgia Laws 1895, be and the same is hereby amended so as to read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and city council of Carrollton, Georgia, shall have power and authority to collect an additional twenty-five hundredths of one per cent ad valorem taxes for the municipal years 1915-16, and 1916-17, for the sole purpose of paying off the present floating indebtedness of said city. The money so raised shall not be applied to any other purpose whatsoever, and only so much thereof as may be necessary of said twenty-five one hundredths of one per cent. shall be collected. This twenty-five one hundredths of one per cent. shall be in addition to the present rate of forty-one hundredths of one per cent. now allowed to be

Page 530

collected by said city for general purposes. This additional tax shall be collected for the two years only above specified, and after that time the rate of forty-one hundredths of one per cent. shall be the rate allowed. Act of 1891 amended. Additional tax for [Illegible Text] [Illegible Text] For two years only. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. CARTERSVILLE CITY PUBLIC SCHOOL FUNDS. No. 109. An Act to amend the Act approved the nineteenth day of July, 1912, amending the charter of the city of Cartersville creating the board of education, so as to provide by an addition to Section Eleven thereof for the direct apportionment to the city of Cartersville and the direct payment by the State Superintendent of Schools to the proper officer of said city its pro rata share of the public school funds of the State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved the nineteenth day of July, 1912, amending the charter of the city of Cartersville creating the board of education for said city, be and the same is hereby amended by adding to Section Eleven thereof the following: Provided that, beginning with the public school funds raised by the State for the year 1915, and thereafter, the pro rata portion of the city of Cartersville thereof shall be apportioned direct to the city, and the State Superintendent of Schools is authorized and required to pay to the proper officer under the school system of the city of Cartersville, such portion of the entire Bartow County fund

Page 531

as shown on the books of the treasurer as the school population of the city of Cartersville bears to the school population of Bartow County as shown by the last school census, so as when amended, said section shall read as follows: Be it further enacted, That all Acts of the General Assembly heretofore enacted, providing for the payment to the city of Cartersville its pro rata portion of the public school fund, shall remain in force; provided, that beginning with the public school fund raised by the State for the year 1915, and thereafter, the pro rata portion of the city of Cartersville shall be apportioned direct to the city, and the State Superintendent of Schools is authorized and required to pay to the proper officer under the school system of the city of Cartersville such portion of the entire Bartow County fund as shown on the books of the treasurer as the school population of the city of Cartersville bears to the school population of Bartow County as shown by the last school census. Act of 1912 amended. [Illegible Text] Apportionment of school fund. SEC. 2. Be it further enacted by the same authority, That immediately upon the passage and approval of this Act, it shall be the duty of the officer of the city of Cartersville in whose custody it may be, or if in his custody, the county superintendent of schools of Bartow County, to forward to the State Superintendent of Schools, the official return of the census enumerator showing the school population of the city of Cartersville at the last census. School population. SEC. 3. Be it further enacted by the same authority, That after the passage of this Act, all annual reports made by the superintendent of Cartersville city schools shall be made and forwarded direct to the State Superintendent of Schools. Annual reports. SEC. 4. Be it further enacted by the same authority, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 12, 1915.

Page 532

CEDARTOWN CITY CHARTER AMENDED. No. 28. An Act to alter and amend Section 15 of the charter of the city of Cedartown, in Polk County, Georgia, as incorporated by the Act of the General Assembly of Georgia, approved December 13th, 1898, so as to make the line and an extension thereof, which runs along the center of Highland Avenue, north of Herbert Street, the dividing line between the fourth and fifth wards in said city; and to alter and amend Section 31 of said charter so that the compensation of the recorder in and for the city of Cedartown shall be derived from salary to be fixed by the mayor and council of said city, instead of from fees, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Paragraph 4 of Section 15 of the charter of the city of Cedartown, as incorporated in the Acts of the General Assembly of Georgia incorporating said city, approved December 13th, 1898, be and the same is hereby altered and amended by striking from the said Paragraph 4, Section 15, the words dividing land lots nos. 951 and 994 extending, and inserting in lieu thereof the words running northward along the center of Highland Avenue, intersecting East Avenue, and extending thence northward flush with the center of Highland Avenue where it intersects East Avenue, so that said Paragraph 4 of Section 15, as amended, will read as follows: Ward No. 4 shall include all that part of the city west of Main Street and north of Sycamore Street, not included in the first ward, and north of Herbert Street and west of that portion of the line running northward along the center of Highland Avenue, intersecting East Avenue, and extending thence northward flush with the center of said Highland Avenue where it intersects East Avenue, to the city limits, that lies north of Herbert Street. Act of 1898 amended. Ward No. 4.

Page 533

SEC. 2. Be it further enacted by the authority aforesaid, That Section 31 of said charter of the city of Cedartown, as contained in said Act, be and the same is hereby altered and amended by striking therefrom the following last words in said Section 31, to-wit.: to have no salary; his compensation shall be derived solely from his fees, and inserting in lieu thereof the words: shall be paid a monthly salary to be fixed by the mayor and council electing him at their first regular meeting after the passage of this Act, for the remainder of the present year, and thereafter at the first regular meeting of said mayor and council in January of each year, which salary small be in full compensation for all services rendered by him as such recorder, so that said Section 31, as amended, will read as follows: SEC. 31. Be it further enacted, That the mayor and council of Cedartown shall have power and authority to establish a recorder's court and elect a recorder. When in the discretion of the mayor and council the said court may be established and a recorder elected, said recorder's court shall take the place of the mayor's court hereinbefore described, and the recorder shall perform all duties specified for the mayor to perform in connection with said court. Should the recorder be disqualified in any case the mayor shall appoint some one to hold said court in said disqualified case or cases; said recorder shall be paid a monthly salary to be fixed by the mayor and council electing him at their first regular meeting after the passage of this Act for the remainder of the present year, and thereafter at the first regular meeting of said mayor and council of each year, which salary shall be in full compensation for all services rendered by him as such recorder. [Illegible Text] [Illegible Text] 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 6, 1915.

Page 534

CHARING TOWN CHARTER REPEALED. No. 133. An Act to repeal an Act to incorporate the town of Charing, in the county of Taylor, State of Georgia; to provide for a mayor and council; prescribe their power and duties; to define the corporate limits, and for other purposes, 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 from and after the passage of this Act, an Act to incorporate the town of Charing, in the county of Taylor, State of Georgia; to provide for a mayor and council; prescribe their powers and duties; to define its corporate limits, and for other purposes, approved August 19th, 1912, and being Act Number 575, page 722 of the Georgia Laws of 1912, be and the same is hereby repealed. Act of 1912 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. COLQUITT, CITY OF, CHARTERED ANEW. No. 47. An Act to amend, consolidate and supersede the several Acts incorporating the city of Colquitt, in the county of Miller, 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 jurisdiction of the limits of

Page 535

the said city for specific purposes; to provide for a mayor and council of said city, and declare the manner and forms in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifications 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 tax assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the mayor and council to construct, operate, control and extend the water works and sewerage system and the electric lighting system of said city, 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; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; 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, constructing, improving, or extending the water works, electric lighting and sewerage systems of 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

Page 536

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 all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the city of Colquitt, located in the county of Miller, State of Georgia, be and are hereby incorporated under the name and style of the City of Colquitt, and the said city of Colquitt is hereby chartered and made a city under the corporate name of the City of Colquitt, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State or cities thereof, and all rights, powers, titles, property, easements, and hereditaments within or without its corporate limits, now belonging to said city of Colquitt, shall be and are hereby vested in said city of Colquitt as created by this Act; and the said city of Colquitt 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 council 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 Colquitt 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

Page 537

or estates, real or personal, lands, tenements and hereditaments, and of whatsoever kind and within or without the limits of said city for corporate purposes; and said city of Colquitt, 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 Colquitt, and its mayor and city council of Colquitt, as hereinbefore corporated. Corporate name. General powers. SEC. 2. The corporate authority of said city, and the territory of 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 water works, 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 such lands, premises, and other properties 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. Territory and jurisdiction. SEC. 3. 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 said 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, except 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. Laws and ordinances effective. SEC. 4. The corporate limits of said city shall remain

Page 538

as now fixed by law, to-wit.: One thousand yards due north from the center of the county court-house square; thence a straight line east and west, and on the east to the east side of the right-of-way of the G. F. and A. Railroad, on the south to the first fresh water drain, and on the west to the east side of Spring Creek and to the foot of the east end of the county bridge across said Spring Creek. Territorial limits. SEC. 5. The municipal government of the city of Colquitt and its corporate powers, shall be exercised by a mayor and four councilmen, to be elected from the city at large, and which body shall be known as the mayor and council. The mayor shall be elected for and serve for a term of two years, or until his successor is elected and qualified; and after January 1st, 1916, no mayor shall be elected to succeed himself. One councilman shall serve for a period of four years, from January 1st, 1916; one councilman for three years from said date; one councilman for two years from said date, and one councilman for one year from said date. (a) The present mayor and councilmen of said city shall continue in said office with their present compensation, until January 1st, 1916, or until their successors are elected and qualified, and shall exercise all the powers and authorities conferred upon the mayor and council of the city of Colquitt by this Act; and all officers elected or appointed by the mayor and council 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, which right and power is hereby given them. (b) The first general election under this Act shall be held on the first Saturday in December, 1915, when the mayor and four councilmen shall be elected by a popular vote of the people and by ballot. (c) The councilman receiving the largest number of votes shall be elected for a term of four years, from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of three years, from

Page 539

January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of two years from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of one year, from January 1st, 1916, or until his successor is elected and qualified. Should there be a tie between two or more councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. That on the first Saturday in December, 1916, and on each first Saturday in December, annually thereafter, one councilman shall be elected for a term of four years. (d) In case there is a vacancy in the offices mentioned herein by death, resignation, failure to elect, removal from office, removal from city or otherwise, a special election shall be ordered by mayor and council, giving thirty days' public notice, to fill such vacancy; provided, that if such vacancy shall occur within three months of the next regular election the mayor and council may, in their discretion, refuse to order such election, and await the regular election. Mayor and council. Terms of office. Election of mayor and council. Terms. Vacancy. SEC. 6. 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 first 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; provided, that for all primary elections and special elections upon the issuance of bonds, and other elections of every kind and description other than the general election on the first Saturday in December, the said clerk shall close said registration book at 6 p. m., on the day previous to said primary or special election, and the same shall not be re-opened before 6 a. m., the day succeeding such election or primary; provided, further, that persons qualified to vote in the general election, preceding such primary or special election, shall be qualified to vote in such primary or special election regardless

Page 540

of whether their names appear on the new registration list, when they are not otherwise legally disqualified. (a) Those entitled to register shall all be male persons who are entitled to vote for representatives of the General Assembly of Georgia, and who have lived in the State one year, and in the city for six months next preceding the election or primary, and have paid all taxes, licenses, fines, debts and assessments legally due to the city of Colquitt at the time of such election. (b) 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 have authority to pass such rules and regulations as they may think proper, shall constitute the qualified voters of the city of Colquitt. It shall be the duty of the said clerk to prepare one list of the names of voters registered in alphabetical order and after same has been checked over, purged and approved by the mayor and council, the same shall be furnished by the clerk under his official seal and signature to the managers of the election, before the polls are opened, and the managers shall permit no one whose name is not on said list to vote. (c) The mayor and council shall have the right to pass such rules and regulations governing the time of holding, and the holding of all primary elections, as may be necessary, when not in conflict with this Act. (d) Any person voting at any of the aforesaid elections, or primary, who is not qualified to vote, shall be guilty of a misdemeanor and shall be punished as prescribed by Section 1039 of the Penal Code of 1895, of the State of Georgia. [Illegible Text] SEC. 7. 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, and each of said managers before entering upon his duties, shall take an oath before some judicial officer duly qualified to administer oaths, that he

Page 541

will faithfully and impartially conduct said election, and will 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 shall be opened at nine o'clock, a. m., and closed at 5 o'clock, p. m. (a) After the votes shall have been counted by the managers they shall certify two lists of voters and two tally sheets and two of said managers shall meet at the city hall or council chamber and shall place one of said tally sheets with the ballots in the ballot box, and shall seal said box and deposit the same with the city treasurer and the other tally sheet and list of voters shall be filed with the city clerk. On or before the Monday following such election two of said managers shall file a written report of the result with the city clerk, showing the number of votes cast and for whom cast. After the filing of said reports the mayor and council shall convene in special session and declare the result of such election, and such declaration shall be entered on the minutes of said meeting. After the expiration of sixty days, from the date of said election, the city treasurer shall destroy the said ballot box without examining any of said ballots or allowing the same to be done; provided, no written notice of a contest shall have been filed, and provided, that such notice shall be filed with the city clerk and also with the city treasurer within three days after the result of such election has been declared. (b) Should any contest arise over any of said elections for mayor and councilmen the same shall, be determined and disposed of as provided by Section 125 of Volume 1 of the Code of 1910, and the other general laws of the State governing the question of contests arising over elections for municipal officers. Elections, how conducted. Returns. Result to be declared. Contest. SEC. 8. No person shall be eligible for the office of mayor or councilman provided for in Section 5 of this Act, who shall not have resided in said city two years immediately preceding his election, and who is not also a qualified voter in municipal election for officers of said city, and entitled to register under the registration of force in this State, and who is not over twenty-five years of age. Eligibility

Page 542

SEC. 9. On the first day of January, if on Sunday the day following, after the election, or as soon thereafter as practicable, the persons elected for mayor and councilmen shall appear at the city hall or council chamber and take and subscribe to the following oath before any judicial officer of the State which shall be spread upon the minutes of the city council: I,....., do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be), of the city of Colquitt 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. (a) The power of legislation and the appointment of all subordinate officers of said city shall be vested in the mayor and council; they shall hold regular meetings at the city hall or council chamber or other place to be designated, at such times as may be determined upon by them. The mayor and two councilmen shall constitute a quorum for the transaction of business; in the absence of the mayor three councilmen shall constitute a quorum, but a less number may adjourn from time to time and compel the attendance of absentees, which power is hereby given them. (b) The mayor shall be chief executive of the city; he shall see that all laws, ordinances, resolutions and rules of the city, and the criminal laws of the State, 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 meetings of the mayor and council; 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 as provided by Section 23 of this Act or 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 same, which veto shall be in writing, and shall plainly set forth the grounds of same and shall be filed with the city clerk; but not withstanding such veto such ordinance, order or resolution may be passed by a vote of three-fourths majority,

Page 543

to be taken by ayes and nays, and upon the question overriding such veto the mayor shall not be entitled to vote; provided, such vote shall not be taken until four days after the filing with the clerk of such veto. (c) The mayor shall receive a salary of three hundred dollars per annum, payable monthly. At such times as there may be a city recorder as provided by Section 29 of this Act, the compensation of the mayor shall be one hundred and twenty dollars per annum, payable monthly. The mayor shall receive no other compensation by costs or otherwise. (d) The clerk, treasurer and councilmen shall have an adequate salary to be fixed by annual ordinance, and no further compensation by costs or otherwise; provided, that the salary of the councilmen shall not exceed fifty dollars per annum, to be fixed by ordinance. Oath. Powers. Meetings. Mayor's duties and powers. Veto. Salaries. SEC. 10. The mayor and council shall elect annually, on the first of January in each year, or as soon thereafter as practicable, a marshal, city clerk, city treasurer and superintendent of water and lights, who shall discharge all the duties imposed by this charter, the laws and ordinances of the city, and such other duties as may be required of them by the mayor and council; and they shall give bond in such sum as may be fixed by the mayor and council, conditioned for the faithful performance of their respective duties. (a) The mayor and council shall at the same time elect a competent and reputable attorney, not one of their body, who shall be the attorney of the city, and his duties and compensation shall be prescribed by the mayor and council. (b) The said mayor and council, may, in their discretion, employ an auditor, whose duty shall be to thoroughly examine and audit the books and accounts of all city officers in every department of the city, at least once a year, and make reports of same to the mayor and council, said reports to be kept on file and open to the public. The financial report of the officers of the said city shall be published quarterly. (e) The mayor and council shall have authority to elect or appoint such other officers and agents as they may deem necessary or proper, except as hereinafter provided; shall have power to regulate the time, mode and manner of electing or

Page 544

appointing such officers or agents; to fix their fees and salaries; to take their bonds; to prescribe their duties and oaths, and fix a definite term of office for each. The mayor and council may suspend any officer or agent who is elected or appointed by them, at their discretion, either with or without cause and either with or without notice. (d) It shall be the duty of the marshal, who shall be the chief of police, to levy all executions in favor of the city; and after advertising the same for thirty days, he shall sell the property levied on before the court house door in Miller County on a regular sheriff's sale day, and between the legal hours of a sheriff sale, and in such a manner as is now required by law of sheriff sales, when not in conflict with this Act. 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 title to the purchaser, and have the same power to place the purchaser in possession as the sheriffs of this State have; he shall be amenable to the laws of the State of Georgia in respect to rules against officers. (e) 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. (f) It shall be the duty of the city clerk to act as clerk of the police court; to act as clerk to the mayor and council; 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. (g) For any wilful neglect of duty or any abuse of the powers conferred on either the clerk or treasurer, not amounting to a felony, such clerk or treasurer shall be subject to indictment before the superior court of Miller County, and on conviction shall be fined as prescribed by Section 1039 of the Penal Code of 1895 of the State of Georgia, and shall also be removed from office by the mayor and council. Pending any criminal charge against either of them, the mayor and council may, in their discretion, suspend from office and appoint some proper person to discharge the duties of the office. Officers. Attorney. Auditor. Other officers, etc. Marshal's duties. Treasurer. Clerk. Neglect of duty. SEC. 11. For the purpose of raising revenue for the

Page 545

support and maintenance of the government of the said city of Colquitt, the mayor and council 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 kind of property in said city, owned or held therein, of not exceeding one-half of one per cent. for Ordinary expenses. For the purpose of providing a sinking fund for paying the principal and interest of any bonds heretofore issued, or that may be hereafter issued by said city authorities, and for the payment of the annual or semi-annual interest on said bonds and for the payment of legal and equitable judgments and decrees against said city, an additional ad valorem tax shall be levied and collected as Extraordinary expenses. Taxation. SEC. 12. The mayor and council shall at their first meeting after their election and qualification and biennially thereafter, elect three tax assessors, as prescribed by Sections 862 and 863 of the Civil Code of 1910, who shall be atleast twenty-five years of age and bona fide residents and freeholders of said city, and they shall serve until their successors are elected and qualified. The mayor and council shall have power to fill any vacancies on said board of assessors that may arise from any cause and shall also have the power to fix their compensation. (a) 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 and personal property 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 their duties shall be sworn by the mayor or some member of the council, who are hereby authorized to administer their oaths, or by any other officer authorized by law to administer oaths, that they will, each and severally, faithfully perform their duty as such assessors. (b) Said tax assessors shall, in books provided by the mayor and council, make lists of taxable real and personal property in said city with thier valuations thereon, which books shall return to the city clerk. (c) The said tax assessors shall diligently investigate

Page 546

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 same to be properly returned for taxation. When the individual returns of real and 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 said tax assessors, who are authorized to receive them, to fairly value such property, and to cause the owners to make returns of such 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 with their assessments and valuations may appear before the board of assessors as provided by Section 862 of the Code of 1910. (d) The said assessors shall have authority to require the city clerk to assist them in a clerical capacity and 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 any light upon the existence or valuation of property of any class for taxation. If any witness so subpoenaed shall fail or refuse to appear as required by said summons, and to answer questions propounded, or shall fail or refuse to produce such books, papers or documents, such persons shall be cited by said assessors to appear before the police court, which court shall hear immediately in a summary way, the reasons or excuses of such persons 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 fifty dollars or imprisonment not to exceed thirty days. Tax assessors. [Illegible Text] Clerk's duty. Contempts. SEC. 13. The mayor and council, may, in their discretion, at any time, and they are hereby given authority to pass any such ordinances, rules and regulations as they may deem proper for the establishment and maintenance of a board of health for said city. Ordinances. SEC. 14. The mayor and council shall have power and

Page 547

authority to establish such quarantine regulations against persons who have been exposed to contagious or infectious diseases; and they are hereby given the authority to pass any such ordinances, rules or regulations as they may deem proper to enforce any quarantine regulations that they may deem necessary for the protection of the said city of Colquitt and its citizens; and for this purpose their jurisdiction may extend two miles beyond the city limits in any or every direction. Quarantine. SEC. 15. The mayor and council shall have power to either lay-off, vacate, close, alter, pave, [Illegible Text] and keep in good order and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public for 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 and streets; to order the sidewalks, foot-ways, 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 time of holding same; to prevent injury or annoyance to the public or individuals from any thing dangerous, offensive, or unwholesome; to protect places of divine worship in and about places where held; to abate or cause to be abated, anything in which the opinion of the majority of the council shall deem to 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, and to regulate the interments therein; to provide for the drainage of lots by the 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, and to pass ordinances governing the same; to protect persons and property of the citizens; to preserve peace and good order, 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

Page 548

of all officers, agents and servants 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 and their successors in office; (to erect, authorize or prohibit the erection of gas works, water works or electric light work in said city;) to prevent injury to or pollution of the water 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 said city, and appropriate the same to its expenses; to organize and maintain a chaingang or workgang to work upon the public works, property and streets. They shall have power to drain and keep clear of all obstruction any drain or ditch and their tributaries within the city limits and for a distance of one mile in any direction beyond the city limits, 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, etc., powers as to. Other powers. SEC. 16. The mayor and council shall have authority to prohibit the running at large within the corporate limits of said city all hogs, cattle, horses, mules, asses, sheep, goats, dogs and other animals and fowls of all kinds and description; provided, that before any ordinance to allow or prohibit the roaming at large of any of the aforementioned live stock shall become operative an election shall be had for the submission of said ordinance to the qualified voters of the said city of Colquitt, and unless said ordinance shall receive in its favor two-thirds of the votes cast in such election, to be held and the result declared, as provided in Section 7 of this Act, said ordinance shall be null and void; provided, further, that such ordinance shall be submitted to the voters of said municipality at any regular or special election. (a) That all ordinances either to allow, or prohibit the roaming at large of any or all live stock in any portion of the city of Colquitt, shall be submitted to the qualified voters of the city of Colquitt at a special election to be called for that purpose, or at any regular election, failing to receive in its favor two-thirds of the majority of

Page 549

the votes cast in such election shall be inoperative. All voters wishing to vote for such ordinance will have written or printed on their ballots for stock ordinance, and all desiring to vote against said ordinance shall have written or printed on their ballots against stock ordinance, and the result of such election shall be declared, and said election shall be held, as provided in this Act for general and special elections. Live stock at large, prevention of. Popular vote as to live stock ordinance. SEC. 17. There shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as 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, the fire department shall consist of such men, who shall receive such salaries, and be employed for such time as may be provided by ordinance. The chief shall be the executive head of the department; shall be responsible for the good order and efficiency of same; shall make only such expenditures therefor as shall be authorized by the mayor and council and shall make such report to said body as may be required of him. [Illegible Text] SEC. 18. There shall be a police court conducted in such a manner and at such times and places as the mayor and council may 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 case of a 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 29 of this Act, such recorder shall exercise all the powers conferred by this section on the mayor. (a) Said court shall have jurisdiction to try all offenders against the laws and ordinances of the city, committed within the incorporate limits, and to punish for the violations 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

Page 550

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 the court, and when the offense is alleged to have been committed within the incorporate limits of said city. (b) The mayor, or other presiding officer of said court, shall have the power to impose, imprison, fine and inflict punishment for the violation of the laws and ordinances of the city of Colquitt, within the limits prescribed by law, and said mayor, or other presiding officer, shall have the same power as judges of the superior court of this State to punish for contempt by a fine not to exceed twenty-five dollars or imprisonment in the city prison, or the Miller County jail, not to exceed ten days, in the discretion of the court. Said mayor, or presiding officer of said court, shall be to all intents and purposes a justice of the peace, in so far as to enable him to issue warrants for offenses committed within the city of Colquitt against the penal laws of this State, either before or after a hearing or trial of any charge in the said police court; and any warrant so issued 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 to commit to the jail of Miller 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 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. (c) 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, against any of the ordinances of the city, 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 brief statement of the offense with which they are charged. Upon the trial of such persons the sentence

Page 551

imposed or the disposition of the case shall be entered in writing opposite the name and charge, which respective entries, signed by the mayor or other presiding officer, shall constitute the judgment of the police court in such respective cases. (d) Said court shall have the power to compel the attendance of witnesses residing in the city of Colquitt, or the county of Miller, in all proceedings; or persons charged with a violation of any of the city ordinances, by a subpoena or summons, which subpoena or summons shall be issued by the city clerk and bear attest in the name of the mayor or recorder, or may be issued by the mayor or other presiding officer, and shall set forth the nature of the charge 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 for contempt herein prescribed. Such subpoena or summons shall be served by any officer or member of the police force of the city and 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 Miller County; provided, that no subpoena or summons shall be issued for a witness residing outside of the city limits without the approval of the mayor or presiding officer of said court. (e) The ministerial officers of said court shall be the marshal, who shall be the chief of police, and other members of the police court; any of whom may execute the mandates of the court, and to whom, in the alternative, all mesne and final processes thereof shall be directed. (f) 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. (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 for

Page 552

feited by the owner thereof, and be paid over by said police court to the city treasurer, as the property of the city of Colquitt, in the event the party does not appear at the time appointed, for whose appearance said sum of money was deposited as a bond. (h) When any bond is given by any person charged with offense against the ordinances, or arrested for such offenses, for his or her appearance at any session of police court and such person so giving bond, shall fail to appear at the time appointed in said bond, for his or her appearance, or after notice, then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her surety, ealling 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 city, 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. (i) 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. (j) 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, all costs to be paid into the city treasury as fines and forfeitures. (k) Upon failure or refusal

Page 553

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 as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be in the same manner. ([Illegible Text]) Upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem., or other presiding officer, by affidavit, or such other manner as he may require, that any person has violated any municipal ordinance or law, or State penal law, said mayor or mayor pro tem., or other presiding officer shall have power to issue a warrant for the arrest of such offender, which warrant shall be directed to the chief of police and all members of the police force of said city, and signed by said mayor or mayor pro tem. (m) The police force of the said city shall consist of a marshal, who shall be the chief of police, and such other officers and men as the mayor and council shall prescribe. They shall be elected by the mayor and council in the same manner, and may be deposed in the same manner, as the clerk and treasurer, and 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 the mayor and council. (n) 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 of State criminal law, and to hold such person until a warrant is issued, and until a hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison 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 violation of any criminal laws of this State, and that are now given to sheriffs of this State with reference

Page 554

to the pursuit, arrest and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the county of Miller, 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 or mayor pro tem., recorder, or councilmen. 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 shall be payable to the city of Colquitt, and may be forfeited as provided for in this charter. Police court. Recorder. Juris diction. Mayor or other presiding officer. Dockets. Powers of the court [Illegible Text]. For feiture of deposit. Of bond. Work on streets. Costs. Execution. Warrant for arrest. Police force. Arrests. Bond for appearance. SEC. 19. The mayor and council of Colquitt shall have full and complete control of the streets, alleys, sidewalks, lands and squares in said city of Colquitt. 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 between the parties, shall fix the damage to the owner or owners of the property, caused by opening or changing of such street, alley, sidewalk, lane or square; if the owner or owners of such property, after five days' notice from 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 Miller County; and shall thereupon operate as a judgment, and execution shall issue thereon. Either party

Page 555

may, within ten days after the filing of the award enter an appeal to the superior court of Miller 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 Colquitt may, by paying to the proper owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the proposed change. Streets. Condemnation. Award. Appeal SEC. 20. The mayor and council of Colquitt 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 lessees of property shall fail to comply with the requirements of the said mayor and councilmen of Colquitt 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. Execution for [Illegible Text] improvement. SEC. 21. That the mayor and council of Colquitt shall have power and authority to enforce by execution the collection of any amount due, or to become due, to it for taxes, water rents, electric current, 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 plans 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 debts 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

Page 556

provided by the Code of Georgia for 1910, Sections 879, 880, 881, 882, for municipal sales for taxes. Exections for taxes, etc. SEC. 22. 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 Miller County. Claim on levy. SEC. 23. Should the mayor or any councilmen, while in office, be guilty of any wilful neglect, malpractice, or abuse of power, he shall be subject to be impeached by a threefourths vote of the mayor and council; and on conviction shall be removed from office. Neglect of duty. SEC. 24. The mayor and council shall, in addition to the powers hereinbefore granted, have the right, power and authority as follows: (a) 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 criminal 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. License taxes, registration, etc. (b) To levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, hacks, hotels, boarding houses, restaurants, fish-stands, billiard, pool and other kinds of tables, ten pin alleys and similar devices, butcher shops, livery stables, automobiles, motorcycles, 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 similar corporations. The taxing

Page 557

power of the city, except as limited by law, shall be as general, full and complete as that of the State itself. Occupation tax. (c) 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 six ($6.00) dollars annually, and further to provide for the collection of said tax by an execution which may be issued, 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 in case it shall be necessary to proceed under such ordinance, one dollar additional shall be paid in to the city treasury as cost. Street [Illegible Text] [Illegible Text] [Illegible Text] (d) To pave, remove, or repair the pavement of the side walks 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. [Illegible Text] (e) 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 tracks and two feet on each side thereof; and to require such companies to repair or repave their aforesaid portions as the mayor and council may direct. In the event any such company or companies fail or refuse to comply with said requirements, the city may have same done and the expense thereof shall be assessed

Page 558

against said company or companies, and enforced and collected by execution as provided for in the following paragraph: Street paving assessments. (f) 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, with execution as for taxes under existing ordinances, or such as may be hereafter made applicable to the subject. Executions. (g) To grant franchises, permits, easements and rights-of-ways in, on, and under the streets, alleys, lanes, side-walks, parks or 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 a longer term than twenty years, and not 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, easements, etc. (h) To define the fire limits in said city and to regulate the character of building and the erection thereof within such limits; to regulate the construction of buildings as to foundations, walls, roofs, doors, windows, and floors so as to secure safety of the structure and people 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 regulations. (i) 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

Page 559

security, conditioned for the payment of any damages that may be sustained by any persons from such work. Damage bond. (j) 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. Nuisances. (k) 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 [Illegible Text] 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 limits thereof. [Illegible Text] [Illegible Text]. (l) 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 [Illegible Text]; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gatherings and may require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Fire regulations. (m) 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. (n) 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

Page 560

other animals within the city, as provided by Section 16 of this Act. Dogs and other animals (o) To require owners of lots to drain same, to fill up [Illegible Text] or depressions, cut and remove weeds and other vegetation, and upon failure to do so after reasonable notice, to have same done at owners' expense and enforce collection by execution against property. Drainage of lots. (p) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights, or both, to provide for the regular inspection of same, and to fix the rates of fares and charges thereon. Vehicles. (q) 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, trash, and dangerous overhead signs, or vegetation, and to provide a penalty for a failure to do so. Sidewalks. (r) To provide a fire alarm system, if they deem necessary, 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. Electrician. (s) To create, if they deem necessary, the office of building inspector and prescribe his duties, who shall have a definite term of office and definite salary. Building inspector. (t) To create, if they deem necessary, the office of food inspector of the city of Colquitt, and to fix his term of office, compensation and duties. Said food inspector shall have authority to visit all dairies, butcher pens, or places where animals are slaughtered, in the county of Miller, the products of which are offered for sale within the corporate limits of the city of Colquitt, 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, it shall be unlawful for any

Page 561

person to sell or offer for sale the products thereof within the corporate limits of the city of Colquitt, 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. Condemnation. (u) To provide a proper building code for the [Illegible Text] 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. Buildings. (v) 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, lessees, builders or property in the discretion of the mayor and council, and execution shall issue whenever necessary. Removal of structures. (w) To regulate the construction, maintenance, 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, [Illegible Text] or application of electricity, gas or heat. Repairs, etc. (x) 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 reasonable time, to be judged by the mayor and council, to have the same done and

Page 562

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 clerk. [Illegible Text] [Illegible Text]. (y) 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 fraudulent 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 creeks or pools within, or adjacent to 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, loiterers, 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; sundry powers. (z) 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 paraphernalia 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. Gambling and liquors. (a-1) To make such by-laws and ordinances as they may, from time to time, think necessary, and they may codify the same, together with its charter, into one book, to be known

Page 563

as the Code of the City of Colquitt, 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. (a-2) To establish a fee bill for officers of said city, all such fees when collected to be paid into the city treasury. Fee bill. SEC. 25. 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 for by the mayor and council by ordinance. Double tax. SEC. 26. In case any property which is subject to taxation was not assessed or returned for taxation, or for any 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. [Illegible Text] [Illegible Text] SEC. 27. 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 servants; and the person, firm or corporation so ordered to do the same, fails or refuses to do so within the time fixed, and upon such default, the city makes such changes, alterations or work; that the mayor and council shall have the power and authority to

Page 564

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. Assessments of cost of work SEC. 28. In addition to the powers hereinbefore enumerated said city of Colquitt 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. (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 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. General welfare clause. SEC. 29. Whenever the mayor and council shall deem it necessary for the best interest of the city of Colquitt 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

Page 565

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 Colquitt, according to the best of my knowledge and ability and understanding, agreeable to the laws and Constitution of the State of Georgia and of the United States, so help me God. Recorder may be elected. Salary and term. Oath. SEC. 30. The mayor and council of the city of Colquitt 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 outstanding [Illegible Text], and to create a sinking fund sufficient to redeem and pay off said bonds at maturity. Tax to pay bond interest. (a) The mayor and council shall appoint a trustee for the handling and investing of its sinking fund and for paying the interest on its bonded indebtedness and retiring maturing bonds, under such conditions, and restrictions, as they may deem wise and proper, to be fixed by ordinances. Sinking fund trustee SEC. 31. The mayor and council of the city of Colquitt shall have the power and authority to construct, maintain, operate, repair and extend any system of waterworks, electric lighting plant, ice factory or sewerage of said city, that may be now owned or hereafter owned by said city; to [Illegible Text], maintain and operate public hydrants, fire plugs, poles, wires, waterworks, ice factories, electric lights within the city limits, and without, if they should deem it to 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, and ice and place of payment therefor, and in default of payment for water, lights or ice they may shut them off and keep the same shut off until the arrears are fully paid. If it becomes necessary

Page 566

to enforce payment the city clerk shall issue execution for the amount due for lights, water or ice, which shall be levied and collected as other executions. The mayor and council may expend so much of the income frm 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 elect a superintendent, and frm time to time shall appoint such other agents and servants as may be necessary to operate said plants, and prescribe their salaries or fees. They may remove any person, 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 who shall be the collector of all bills and demands of every sort in connection with the said waterworks and sewerage system and also electric lighting system, and ice plant, who shal 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 moneys that he may collect to the city treasurer, which bond shall be made payable to the city of Colquitt. 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 shall not make any contract for water, lights, or ice for a longer period than one year, nor shall they by contract limit or restrain their own power, nor 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. Water works, lights, ice, sewerage, fire plugs, etc. Regulations. Superintendent, etc. Collector. Regulations. (a) The present rules and regulations and ordinances which have been approved by the mayor and council shall remain in full force and effect when not in conflict with this

Page 567

Act until the same is repealed or modified by the mayor and council, and no existing valid contract made shall be disturbed by this Act. The present superintendent and other employees shall hold office until his successor is elected and qualified, unless sooner suspended or removed as provided by this Act. Present laws and ordinances. SEC. 32. All provisions of former Acts of the General Assembly of the State of Georgia, incorporating the city of Colquitt, and now constituting the present charter of said city which are at variance or conflict with this Act are hereby expressly repealed. Repeal of former Acts. SEC. 33. An Act to amend the charter of the city of Colquitt, approved July 30, 1913, entitled An Act to amend an Act entitled an Act to incorporate the city of Colquitt, in the county of Miller, State of Georgia, approved August 7th, 1912, Georgia Laws 1912, Folio 762, and for other purposes, is hereby expressly repealed. Act of [Illegible Text] repealed. SEC. 34. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. COLUMBUS CITY HOSPITAL AUTHORIZED. No. 140. An Act to amend the charter of the city of Columbus, in Muscogee County, so as to confer full power and authority upon said city to own, maintain and operate a hospital; to prescribe rules and regulations for the government thereof; to receive donations and to make appropriations of money for its maintenance, and to employ such agents and servants as may be necessary in operating the same; to charge such fees to patients using

Page 568

the same as may be deemed appropriate and proper; to employ and apprentice nurses therein, and award diplomas to such nurses as may be deemed worthy to receive the same; to elect a board of managers therefor to whom the mayor and board of aldermen may delegate such power and authority as may be deemed advisable to manage and control said hospital; and to exercise such power and authority generally to carry into effect the scope and purpose of a well-governed hospital, and for 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 power and authority be and the same is, hereby conferred upon the city of Columbus, a municipal corporation of Muscogee County, to construct, equip, furnish, maintain, own and operate a hospital, or hospitals, for the reception and care of persons who are sick and afflicted with diseases, or who may be under treatment for diseases or physical infirmities, and to that end and for that purpose, the said city of Columbus is hereby invested with power and authority to acquire and hold property, both real and personal, and to the extent that may be deemed needful and necessary to conduct and operate a modern and up-to-date hospital. Powers conferred. SEC. 2. Be it further enacted, That said city of Columbus is hereby invested with the power to adopt such rules and regulations as to the admission of persons therein for treatment, and with respect to the management, operation and control of said hospital as to it may seem expedient; and may employ such superintendents, agents and servants in connection with the management and operation as it may deem necessary and appropriate; may receive such donations of money or other property as may be offered for the use and benefit thereof; may make such appropriations of money for its support and maintenance, and impose and collect such fees and charges of persons admitted therein for treatment, and under such terms and conditions as it

Page 569

may deem necessary and proper; and in its discretion may admit therein, free of charge, for treatment, persons who are residents of said city, that are unable from poverty to pay for admission therein; and generally to do and perform all acts and things which are necessary and incident in running and operating said hospital. Rules and regulations for management. SEC. 3. Be it further enacted, That said city of Columbus be invested with power and authority to create a board of managers for said hospital, to whom said city may delegate the management, operation and control thereof; with the right to fix the number of persons composing said board; the qualifications necessary to become members thereof; and the time and manner of the election of said board; and to invest said board of managers with such power and authority respecting the management, operation and control and regulation of said hospital as said city may by ordinance or resolution, consider proper and appropriate. Board of managers. SEC. 4. Be it further enacted, That said city may establish, in connection with the operation of said hospital, a training school for nurses; and may receive therein such persons as may desire to enter said school, upon such terms and conditions as said city may impose; and such persons entering said training school may, after three years of training therein, upon recommendation of said city, or said board of managers, become applicants for registration as professional nurses, to the State Board of Examiners of Nurses for Georgia, in pursuance of and in accordance with the provisions of existing laws, and as embodied in Section 1706 of the Civil Code of Georgia for 1910. [Illegible Text] SEC. 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1915.

Page 570

COMMERCE CITY ELECTION OF OFFICERS. No. 32. An Act to amend Section 27 of the charter of the city of Commerce, approved August 17th, 1909, by providing for the biennial election of the clerk and treasurer, chief of police, night watchman, city attorney, and other officers of the city of Commerce. SECTION 1. 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 27, of the Act approved August 17th, 1909, incorporating the city of Commerce be and the same is hereby amended by striking out the entire section and substituting in lieu thereof the following: Act of 1909 amended. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Commerce shall, at the first meeting after they have been inducted into office, elect a marshal or chief of police and a night watchman and any other members of the police force which in their opinion may be necessary to protect the lives and property of the citizens of Commerce. At said meeting the mayor and council shall also elect a clerk of the council who shall be ex-officio treasurer; also a city attorney, and such other officers as the mayor and council may deem necessary to properly carry on the government of said city; and all of said officers, unless removed for cause; and the mayor and council shall have term of two (2) years and until their successors are duly elected and qualified; unless said officers shall sooner be removed for cause and the mayor and council shall have power to fix the salary of said officers and shall also take the bonds and prescribe the duties and administer the oaths of such officers, and on proper cause shown shall remove any or all of said officers from office for a breach of their official duties, neglect or incapacity to discharge their said duties. Biennial election of city officers.

Page 571

SEC. 2. Be it enacted further, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 6, 1915. COMMERCE CITY ELECTRIC LIGHTS, ETC. No. 30. An Act to amend an Act approved August 17, 1909, incorporating the city of Commerce by providing that the mayor and council of said city of Commerce shall have authority to build, own, equip and operate its own system of electric lights and [Illegible Text] furnish same for the purpose of lighting the streets of Commerce, and also for the purpose of furnishing electric lights for private residences and places of business, and also for the further purpose of furnishing electric power to those who may desire the same, at such rates and under such rules and regulations as may seem to said mayor and council to be reasonable and just, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Commerce shall have the power and authority, and the same is hereby granted to them, to build, own, equip and operate a municipal system of electric lights and to furnish same for the purpose of lighting the public streets of said city of Commerce, and also for the purpose of furnishing electric lights for private residences and places of business and also for the further [Illegible Text] of furnishing electric power to those who may desire to use the same at such rates and for such compensation and under such rules and regulations as may seem to said mayor and council of the city of Commerce

Page 572

to be reasonable and just and to do any and all things necessary for said purpose. Electric light system. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Commerce shall have the power and authority and the same is hereby granted to them for the purchase of necessary lands on which to build, equip and operate its electric light plant, whether within or without the incorporate limits of the city of Commerce and to build poles, string wires and to do any and all other things necessary for the purpose of lighting the public streets of the city of Commerce, and for the purpose of furnishing electric lights and power to private individuals of said city and for any and all other purposes incident to the erection and operation of a municipal electric light plant. Powers conferred. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Commerce shall have power and authority and the same is hereby granted to them, to pass all necessary ordinances, rules and regulations necessary and proper for the purposes aforesaid. Ordinances, rules, etc. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1915. CORDELE CITY BOND COMMISSION ABOLISHED. No. 150. An Act to repeal an Act creating a bond commission for the city of Cordele, in the county of Crisp, approved August 17th, 1912; also to repeal Acts amendatory thereof, and giving additional powers to said bond commission, approved August 19th, 1913; also to repeal An Act to

Page 573

amend an Act creating a new charter for the city of Cordele, in the county of Crisp, etc., approved August 21st, 1911, and the Acts amendatory thereof, and for other purposes, said last Act approved August 19th, 1913, and for 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 Bond Commission of the City of Cordele, be abolished; that a certain Act of the General Assembly of Georgia, with caption as follows, to-wit.: An Act to amend the charter of the city of Cordele, as approved August 21st, 1911, entitled `An Act to amend the charter of the city of Cordele, etc.,' by providing for a permanent bond commission, whose duties it shall be to take charge of, expend, manage and control all moneys arising from the sale of bonds issued by the city of Cordele, as well as all moneys set aside as sinking fund with reference to all outstanding bonds that have been issued by said city of Cordele, and to have complete and entire control of all matters pertaining to bonds of the city of Cordele, now outstanding, as well as such as may be issued and sold hereafter, and for other purposes, said Act being approved on the 17th day of August, 1912, and published on page 781 of the published Acts of the General Assembly of Georgia for the year 1912, be and the same is, hereby repealed. Bond commission abolished. Act of 1911 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, a certain Act of the General Assembly of Georgia, of which the caption is as follows, to-wit.: An Act to amend an Act amending the charter of the city of Cordele; providing for a permanent bond commission for the city of Cordele, etc.; said Act approved August 17th, 1912, and for other purposes, said Act being approved on the 19th day of August, 1913, and published on page 753 of the published Acts of the General Assembly of Georgia for the year 1913, be and the same is hereby repealed. Act of 1912 repealed.

Page 574

SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, a certain Act of the General Assembly of Georgia, of which the caption is as follows, to-wit.: An Act to amend an Act creating a new charter for the city of Cordele, in the county of Crisp, etc., approved August 21st, 1911, and the Acts amendatory thereof and for other purposes, said Act being approved on the 19th day of August, 1913, and published on page 756 of the published Acts of the General Assembly of Georgia for the year 1913, be and the same is hereby repealed, it being the purpose of this and the preceding sections of this Act to abolish The Bond Commission of the City of Cordele, repealing the enacting statute and all Acts amendatory thereof, or giving to said bond commission any power or authority whatsoever, and vesting all the powers and authority now exercised by said bond commission where such powers were vested prior to the creation of said bond commission. Act of 1913 repealed. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, and immediately thereupon, it shall be the duty of said bond commission, through its officers and agents, to deliver over to the mayor and city council of Cordele, or its proper officers and agents, all moneys and funds which said bond commission may now have on hand arising from the sale of any bonds of the city of Cordele, together with all interest and accretions of every character arising therefrom; also all other property of every nature and character belonging to the municipality incorporated as the mayor and city council of Cordele; also a complete record of all the actings and doings of said bond commission since its creation and organization, showing all receipts of funds and the disposition made of the same, and all disbursements of such funds, giving the dates of payments, by and to whom paid, together with all receipted and all unpaid bills and all vouchers issued; also all funds received and now held by said bond commission as a sinking fund or pertaining thereto together with all records showing the disposition of the same; also all moneys and funds arising from paving assessments, and all executions issued

Page 575

for the same, and all records and documents connected with the same; also all contracts, choses in action, and other papers, and records connected with the duties and performances of such bond commission. Duty of bond commission to deliver to mayor and council. SEC. 5. Be it further enacted by the authority aforesaid, That Acts or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 14, 1915. COVENA, TOWN OF, INCORPORATED. No. 189. An Act to incorporate the town of Covena in the county of Emanuel; to define the corporate limits of said town; to provide for the election of mayor and council of said town, and for the government thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Covena, in the county of Emanuel, be incorporated as a town under the name of the town of Covena. The corporate powers of said town shall be vested in a mayor and five councilmen and by the name of the mayor and council of Covena they may sue and be sued and exercise all the corporate powers that may be necessary in performing their duties. Corporate name. Government. SEC. 2. Be it enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half () mile in every direction from the center of the depot of the Central of Georgia Railway in said town of Covena. Territorial limits. SEC. 3. Be it enacted by the authority aforesaid, That T. D. Wilkes be and is hereby appointed mayor and R.

Page 576

Durden, J. P. Snooks, L. Clements, G. H. Manson, and A. C. Phillips be and are hereby appointed councilmen of said town of Covena to hold their office until the first annual election as hereinafter provided for or until their successors are elected and qualified. Mayor and councilmen designated. SEC. 4. Be it enacted by the authority aforesaid, That on the second Saturday in December, 1915, and each year thereafter on the same date of the week and month, an election shall be held in council chamber of said town for mayor and councilman, who shall hold their office for one year or until their successors are elected and qualified. The manner of holding said election shall be the same as for State and county officers. In the event that the mayor or any member of the council shall become vacant by death, resignation, removal or other cause, the mayor or in case his seat is vacant, the majority of the council, shall order a new election, notice of which shall be given five days before said election is held, the same to be conducted as provided for in this Act. Election, term of office, vacancies, etc. SEC. 5. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties the mayor and members of council shall subscribe before any person authorized to administer oaths, to the following oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon mayor or councilman (as the case may be) of the town of Covena, according to the best of my ability and understanding, so help me God. Oath. SEC. 6. Be it further enacted, That said mayor and council shall have power to pass laws and ordinances that they may deem necessary for the government of said town, and protection of property from loss by fire or damage therein; for the maintenance of public health therein; and to provide penalties for storing intoxicating liquors for illegal purposes, and for disorderly conduct within the corporate limits of said town; to fix the speed limit of automobiles within said town, and provide penalties for the violation thereof; provided, said mayor and council, in doing

Page 577

so provide nothing repugnant to the Constitution and laws of Georgia or of the United States. Ordinances, power to pass. SEC. 7. Be it further enacted by the authority aforesaid, That for one to be eligible to hold office in the government of said town or to vote for the mayor and council of said town he must be twenty-one years old and must either be resident of, or have a stationary place of business within the corporate limits of said town. Eligibility. SEC. 8. Be it enacted by the authority aforesaid, That the mayor of said town, and in his absence, the mayor pro tem. (who shall be elected from the council from their own number), shall be chief executive officer of said town; he shall see that the ordinances and by-laws of the mayor and council are faithfully executed; he shall have control of the police of said town and may appoint special police whenever he may deem necessary and it shall be his duty especially to see that peace and good order of said town are preserved and that persons and property therein are protected and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof and in default of immediate payment he may imprison the offender in the calaboose of said town or on the public streets of said town not to exceed fifteen days. [Illegible Text] Duties and powers. SEC. 9. Be it further enacted, That mayor and council shall elect their own clerk and treasurer who shall be from their own number, and a marshal who shall be a resident of said town. From these officers the mayor shall require a bond conditioned for the faithful performance of their duties, and to said officers, the mayor shall administer an oath that they shall well and faithfully discharge their duties of their respective offices. Clerk and treasurer. Marshal. Bonds. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall provide for the compensation of the mayor, councilmen, clerk and treasurer and marshal of said town. [Illegible Text]

Page 578

SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises as they may deem most to the interest of said town. Tax on occupations. SEC. 12. Be it further enacted, That the marshal of said town may arrest without a warrant any person he may see violating the ordinances of said town or without a warrant under any circumstances provided for by laws of the State of Georgia in such cases. For offenses against said town he shall bring the offender before the mayor for trial and may summon any citizen or citizens to assist him in making such an arrest. He may make an oral charge against the accused without submitting a written accusation. Such charge shall be sufficient authority to hold the accused until final trial of the case. And to that end the accused may be imprisoned, unless he or she gives good and sufficient bond with security for his or her appearance at such time as may be required; such bond to be adjudged of and approved by the marshal, and if the accused fails to appear at the time fixed for the trial from time to time until the final disposition of the case, then the bond may be forfeited by the council and the execution issued thereon by the clerk by first serving the principal if found, and his securities with a rule nisi. Such rule shall be signed by the clerk and mayor. And should there be a defense set up to said rule, the same shall be heard by the mayor and council with the right of certiorari to the superior court of the county of Emanuel. Arrests. Charge and trial. Bond and forfeiture. [Illegible Text]. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor, or in his absence, the mayor pro tem., shall have authority to issue a warrant for the arrest of any offender against any ordinance of said town, when the circumstances are such that the marshal can not arrest without a warrant; such warrant shall be issued upon the affidavit of any person and directed to the marshal of said town

Page 579

of Covena. When an arrest is made under such warrant the further proceedings shall be as in Section 12 of this Act. Warrant for arrest. SEC. 14. Be it further enacted, That there shall be a court for the trial of all offenders against the laws and ordinances of said town to be held by the mayor, and in his absence or disqualification, by the mayor pro tem. Said court shall have the power to preserve order and compel attendance of witnesses; to punish for contempt by imprisonment not exceeding five days or a fine of twenty-five dollars. That the mayor, or in his absence, the mayor [Illegible Text] tem., shall as often as may be necessary hold a police court to be known as the mayor's court for the trial of those accused of violation of the ordinances of said town. Said mayor's court shall have full authority upon the conviction to sentence such offenders to labor upon the streets or to be confined in the calaboose of said town not to exceed fifteen days or to impose a fine not exceeding $25.00; either or all of said penalties may be imposed by the court. From the decision of said court anyone convicted may appeal to the council of said town of Covena and may give bond for his or her appearance as provided in Section 12 of this Act, with the right to certiorari from the decision of said council to the superior court of Emanuel County. Mayor's court. Power to furnish Appeal and [Illegible Text]. SEC. 15. Be it further enacted, That the mayor and mayor `pro tem. of said town shall be bound to keep the peace and shall be ex-officio justices of the peace so as to enable them to issue warrants for the violation of criminal laws of the State committed within the town of Covena and shall have full power upon examination to commit offenders to jail or bail them if the offense be bailable, to appear before the court having jurisdiction. Ex [Illegible Text] justices of the peace. SEC. 16. Be it further enacted, That any person shall have the right to file with the clerk of said council, or if no clerk with the mayor or if mayor absent or disqualified, the mayor pro tem., an affidavit of illegality to any execution of taxes or costs issued by said mayor or mayor pro tem., which shall form an issue between such person and the town of Covena, which shall first be determined by the mayor

Page 580

(or by the mayor pro. tem. if issued by him) with right of certiorari to the superior court of Emanuel County, by complying with the law of certiorari in such cases made and provided. [Illegible Text] of execution. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1915. COVINGTON CITY ICE PLANT AUTHORIZED. No. 68. An Act to authorize the city of Covington to erect, operate and maintain an ice plant in and for the city of Covington and for the citizens thereof; to provide funds for the erection thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby so enacted, That the city of Covington, in the county of Newton, shall have authority to erect, within the said city, a municipal ice plant, for the manufacture and sale of ice. The erection, operation and management of said ice plant shall be vested in the mayor and city council of said city, under such rules and regulations as the said mayor and city council may prescribe by ordinance. Ice plant authorized. Management. SEC. 2. Be it further enacted, That the said mayor and city council of the city of Covington may provide the funds necessary for the erection and maintenance of said ice plant either by the levy of a direct tax levied for that purpose, or by the issuance of bonds therefor, provided said bonds shall have first been duly authorized by popular vote at an election to be held for that purpose, which election shall be called and held in the manner now prescribed by law for all such elections. Direct tax or bond issue.

Page 581

SEC. 3. Be it further enacted, That the said mayor and city council of the city of Covington shall have authority to sell ice in the open market to the citizens of said city (and others), and to fix the price at which the same shall be sold; provided, that all profits arising from the sale of ice shall be paid into the treasury of said city to be used as all other municipal funds for the benefit of the municipal government of said city. Sale of ice. Profits. SEC. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 10, 1915. CRAWFORD CITY CHARTER AMENDED. No. 219. An Act to amend an Act entitled An Act to incorporate the city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes, approved July 26th, 1910, so as to authorize the establishment of a chaingang for said city; to increase the penalty for violations of the ordinances of said city; to provide for the appearance of defendants in police court of said city; to provide for service of municipal warrants outside of said city; to provide for the abatement and removal of nuisances in said city by the police court 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 an Act, entitled An Act to incorporate the

Page 582

city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes, approved July 26, 1910 (Georgia Laws 1910, page 497) be amended by striking the figures 30 in line eight of Section 16 of said Act, and inserting in lien thereof, the following, six months, so that said section, when so amended, will read as follows: Be it further enacted, That municipal offenses shall be tried as speedily as possible before the mayor, who shall have the power to compel the attendance of witnesses, and the production of books and documents; to punish for contempt of court, and to sentence offenders to a fine not exceeding one hundred dollars, or imprisonment in the city jail not exceeding 30 days, or to labor upon the city streets not exceeding six months, one or more, or all, in his discretion. From the decision of the mayor in such case, the accused may, within three days, appeal in writing to the city council, who shall try the case with the same powers as defined above for the mayor, in which trial, the member who previously tried the matter shall be disqualified. The mayor shall further have all the powers of a justice of the peace in issuing warrants for State offences, and in holding courts of inquiry and making commitment therefor, and if in any trial before him it appears that there has been an offense committed against the State, he shall bind the offender over to the proper court. Act of 1910 amended. To be read. Powers of mayor as court. SEC. 2. Be it further enacted, That the city council of Crawford shall have power and authority to establish a chaingang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public works of said city; they shall have power to make such rules and regulations as may be necessary and suitable for the care, safe keeping and control of said chaingang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chaingang to comply with the terms of said sentence, not in conflict with the laws of this State. Chaingang.

Page 583

SEC. 3. Be it further enacted by the authority aforesaid, That said police court shall have the power to compel the attendance of persons charged with the violation of any city ordinance or laws of said city, by summons, which summons shall be issued by the clerk-treasurer of the city council, and shall bear attest in the name of the presiding judge of said police court, 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, all subpoenas issued to compel the attendance of witnesses, shall be similarly tested, issued and served. Said police court shall have the right to punish any person disobeying such summons or subpoenas as for contempt, by fine not to exceed twenty dollars, or by labor on the streets of said city not exceeding fifteen days, either or both in the judgment of the presiding judge of the said police court. Any person who may be charged with contempt, may be arrested by [Illegible Text] or warrant signed by the presiding judge of the police court, which said attachment or warrant shall be served and executed by any member of the police force. Police court powers. Contempts. SEC. 4. Be it further enacted, That when any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance, and shall fail to appear at any time appointed in said bond, then the clerk-treasurer of the city council shall issue a scire facias in said police court why such bond should not be forfeited, and if after ten days after the service of the said scire facias no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on such bond, the clerk-treasurer of the said city council shall issue execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the manner and form prescribed for such executions issued by the city for taxes, which executions shall be placed in the hands of the chief of police who shall proceed to collect the same as tax executions of said city are enforced and collected. In

Page 584

any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offense, has deposited a sum of money as bond for his or her appearance in police court, and similarly where some other party has deposited a sum of money for the appearance of such person in said police court, then, and in the event such person or persons do not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the presiding judge of the said police court, entered upon the police court docket, and shall be paid over to the city treasurer as the property of the said city of Crawford. Bond for appearance, forfeiture of. Execution. Money forfeiture. SEC. 5. Be it further enacted, That the police court of said city shall have full power and authority to declare what shall be deemed a nuisance in said city, and shall provide for the abatement of the same. Nuisances. SEC. 6. Be it further enacted by the authority aforesaid, That all laws or parts of laws, conflicting herewith be and the same are hereby repealed. Approved August 16, 1915. DALTON CITY CHARTER AMENDED. No. 207. An Act to amend an Act approved Feb. 24th, 1874, amending and codifying the various Acts incorporating the city of Dalton, and Acts amendatory thereof; to provide for the condemnation of property for any public use by the city of Dalton, either within or without its 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 the authority of the same, That from and after the passage of this

Page 585

Act, the marshal, recorder and clerk of the city of Dalton, as provided for in an Act amending and codifying the laws of said city, approved Feb. 24th, 1874, and various Acts amendatory thereof, and in Acts amendatory thereof, approved August 17th, 1908, and August 17th, 1911, shall be subject to removal by the mayor and council of the city of Dalton upon a two-thirds vote, the mayor voting, for any wilful neglect of duties imposed upon such officials by the laws of said city. Said removal can be had after ten days' service of a copy of any charges that may be preferred by said mayor and council against such official, acting at a regular meeting of the mayor and council, and after a trial before said mayor and council at a regular meeting in open session, at which the city attorney shall act as prosecutor, and examine witnesses on behalf of the city of Dalton, and such official shall be entitled to legal counsel, and to introduce such legitimate evidence as he may desire. Both prosecution and defense shall be entitled to compulsory process to enforce the attendance of witnesses, in the same manner as witnesses before the recorder's court, up on subpoenas signed either by the clerk or recorder of said city. Any witness refusing to obey such summons or any party, person or witness misconducting himself in or near the presence of the mayor and council upon such a trial may be adjudged in contempt by said mayor and council, and fined not over $20.00 or imprisoned not over twenty days, either or both, in the discretion of the mayor and council. From a judgment of removal, the official removed may certiorari to the superior court as in cases of conviction in the recorder's court of said city, but he shall not discharge the duties of his office pending the decision of the certiorari. Where any such official is removed, the mayor and council shall elect his successor for the remainder of the unexpired term, or until their judgment of removal is reversed. In no event shall any salary be paid to the official removed after judgment of removal for any time when he was not actually performing the duties of his office, if afterwards he should secure a judgment of reversal. Removal of officers after [Illegible Text] Evidence and witnesses. Contempts. Certiorari. Successor elected. Salary.

Page 586

SEC. 2. Be it further enacted by the authority aforesaid, That all deputy marshals and all policemen provided for in any of the Acts referred to herein shall be elected by the mayor and council of the city of Dalton, upon recommendation of the marshal. If any person recommended by the marshal shall not be acceptable to the mayor and council, he shall immediately recommend another, and so continue, until a person satisfactory to the mayor and council has been selected. Such deputies and policemen shall be subject to removal at any time by the mayor and council for any cause they may deem sufficient, with or without a hearing, and their salaries shall at all times be under the control of the mayor and council. Deputies and policemen. SEC. 3. Be it further enacted by the authority aforesaid, That the city of Dalton shall have power to condemn lands, rights-of-way for sewerage, easements or rights to use streams for sewerage, or property of any kind for any public purpose authorized under the Acts incorporating said city, either within or without the city, using the method of procedure pointed out under the general laws of this State in such cases made and provided; and said city is hereby vested with the power of eminent domain for said purposes. Condemnation of land for sewers. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts thereof herewith conflicting be and they are hereby repealed. Approved August 14, 1915. DECATUR TOWN REGISTRATION OF VOTERS. No. 217. An Act to amend an Act, approved August 17, 1909, providing a new charter for town of Decatur, in the county of DeKalb, and the Acts amendatory thereof, so as to provide for a permanent registration of the qualified voters

Page 587

of said town for all elections thereof, except for elections held for the purpose of determining whether said town shall incur a bonded debt, as prescribed in Paragraphs 1 and 2, Section 7, Article 7, of the Constitution of 1877; and to provide how the qualified voters of said town shall be registered for any election held for the purpose of determining whether said town shall incur such bonded debt, 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 17, 1909, providing a new charter for town of Decatur, in the county of DeKalb, and the Acts amendatory thereof, be and the same are hereby amended so that, from and after the passage of this Act, the clerk of council of said town shall keep a book to be called the permanent registration book, and all persons who desire to qualify as electors of said town for all elections thereof, except for elections held for the purpose of determining whether said town shall incur a bonded debt, as prescribed in Paragraphs 1 and 2, Section 7, Article 7, of the Constitution of 1877, [Illegible Text] upon qualification as now provided by the charter of said town, sign their names in alphabetical order in said permanent registration book under the direction of the clerk of council of said town. Act of 1909 amended. Permanent registration book. SEC. 2. Be it further enacted by the authority aforesaid, That the electors who have qualified, and have signed the permanent registration book, shall not thereafter be required to register or further qualify except for elections to incur a bonded debt as aforesaid; provided, however, that no person shall remain registered longer than he retains the qualification under which he registered. Electors qualified. SEC. 3. Be it further enacted by the authority aforesaid, That the electors, registered as aforesaid, shall be subject to examination by the mayor and council of said town for the purpose of being purged as now provided by the charter of said town, and the mayor and council shall have the

Page 588

right, and shall be charged with the duty, of examining the qualification of each elector entered upon said permanent registration book, for the purpose of purging the registered voters thereof, before every election, and shall not be limited or stopped by the action taken at any prior time. Examination and purging. SEC. 4. Be it further enacted by the authority aforesaid, That the provisions for permanent registration of the qualified voters of said town, as herein stipulated, shall not apply for any election of said town held for the purpose of determining whether said town shall incur a bonded debt, as prescribed in Paragraphs 1 and 2, Section 7, Article 7, of the Constitution of 1877, but for such election the clerk of council shall open a special registration book at least thirty days before the date fixed for such election and shall close the same five days before the day of election, as now provided for any intermediate or special election by the charter of said town, and only those qualified voters of said town who have registered, as provided by this section, shall be eligible to vote in such bond election. Special registration book for bond election. SEC. 5. Be it further enacted by the authority aforesaid, That it is not the intent and purpose of this Act to repeal Section 9 of said Act, approved August 17, 1909, except as the same may be in conflict herewith; but said Section 9 and this Act shall be so harmonized that they together shall become the registration law of said town of Decatur, and the provisions of said Section 9, not in conflict herewith, shall still remain of force and effect. Section 9 of Act of 1909 to be harmonized. SEC. 6. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1915.

Page 589

DECATUR TOWN STREET IMPROVEMENTS. No. 176. An Act to amend an Act, approved August 17, 1909, providing a new charter for town of Decatur, in county of DeKalb, by providing for the amendment of Section 34 of said Act so as to authorize the mayor and council of said town to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, and to lay curbing along the same, without requiring a request therefor by the abutting property owners, and providing how the mayor and council shall make such improvements, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act, approved August 17, 1909, providing a new charter for town of Decatur, in the county of DeKalb, be and the same is hereby amended by striking from Section 34 of said Act all of the words thereof between the words unless, in the 42d line of said section, and the word the, in the 51st line of said section, and inserting in lieu thereof the following words: Provided for by ordinance, notice of the introduction of which shall be published in some newspaper of said town, and if there is no newspaper published therein, then in some newspaper having a general circulation in said town, one time, at least ten days before the adoption of said ordinance, that any person interested in said improvement may file objection thereto with the clerk of council and be heard by the mayor and council. Said notice shall contain a statement of the street or sidewalk to be improved, or the part to be improved, and the kind of improvement to be made, the date of the meeting of the mayor and council at which said ordinance will be considered for adoption, and the same may be adopted at said meeting or some subsequent meeting, in the discretion of the mayor

Page 590

and council, so that said section, when so amended, shall read as follows: Act of 1909 amended. SEC. 34. Be it further enacted, That the mayor and council shall have full power and authority, in their discretion, and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said mayor and council shall have full power and authority to assess onethird of the cost of grading, paving, macadamizing or otherwise improving any roadway or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad company having a track or tracks running along or across the streets of said town shall be required to pay the cost in full of paving, macadamizing or otherwise improving such street between their said tracks and for two feet on each side thereof, or in case such tracks now laid under previous grants or franchises in the nature of contracts between said town and the company owning or operating, such maximum proportion as is stipulated in such grants or franchises until the same expire by original limitation in such grants, and thereafter as above prescribed, and in such cases and on such streets one-third of the remaining cost of the street improvement shall be assessed to the abutting property on each side. Provided, that no curbing

Page 591

shall be laid and no sidewalk or street be paved or macadamized, nor no assessment made, under the authority, power and provisions of this section unless provided for by ordinance, notice of the introduction of which shall be published in some newspaper of said town, and if there is no newspaper published therein, then, in some newspaper having a general circulation in said town, one time, at least ten days before the adoption of said ordinance, that any person interested in said improvement may file objection thereto with the clerk of council and be heard by the mayor and council. Said notice shall contain a statement of the street or sidewalk to be improved, or the part to be improved, and the kind of improvements to be made, the date of the meeting of the mayor and council at which said ordinance will be considered for adoption, and the same may be adopted at said meeting or some subsequent meeting, in the discretion of the mayor and council. The amount of the assessment on each piece of real estate abutting on the sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the superior court of DeKalb County, and there tried and the issue determined, as in cases of illegality,

Page 592

subject to all the penalties provided by law in cases of illegality for delay. The lien for the assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. To be read. Powers as to improvement of streets. Assessments. [Illegible Text]. Lien of assessment. Execution. Levy and sale. [Illegible Text]. Rank of lien. 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 16, 1915. DEERCOURT, TOWN OF, INCORPORATED. No. 222. An Act to incorporate the town of Deercourt, in Stephens County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Deercourt, in the county of Stephens, be and the same is hereby incorporated under the name of Deercourt, by which name it may sue and be sued, plead and be impleaded. Corporate name. SEC. 2. The corporate limits of said town shall be as follows: Said incorporation shall extend one mile in every direction from the present location of the Deercourt depot, and include all the territory within a radius of one mile from said depot except the lands now owned by Freeman Westmoreland within said radius. Territorial limits. SEC. 3. Said town shall be officered and its corporate affairs directed and controlled by a mayor and four councilmen, whose term of office shall be two years, and who shall serve until their successors are elected and qualify, and who shall be elected by the qualified voters of said town.

Page 593

Any person residing in said town ninety days prior to the time of any election, and otherwise qualified to vote for members of the General Assembly, shall be eligible as a town elector, and eligible to hold any office of said town. The first election under this Act for officers of said town shall be held on the first Saturday in December, 1915, and regular elections for officers of said town shall be held on the first Saturday in January each two years thereafterwards. Said election shall be held and conducted as are elections for members of the General Assembly, except that the polls shall open at 10 [Illegible Text] a. m., and close at three o'clock, p. m. The election managers shall declare the result of the election, and the officers shall at once enter upon the discharge of their duties. Said election shall be held at Pitt's Store near the Southern Railway depot at Deercourt. Officers. Election and term. Eligibility. Elections. SEC. 4. One of the members of the council, or some other person, shall be elected by the mayor and council, whose duty it shall be to act as clerk of council. A marshal shall be elected by the mayor and council, and the salaries of the mayor and council and all other officers shall be fixed by the mayor and council. Such other subordinate officers as may be deemed wise and proper may be elected by said mayor and council. Clerk. Marshal. Salaries. SEC. 5. The mayor and council shall have authority to cause the roads and streets of the said town to be worked by the residents of said town subject to road duty, and to levy and collect such a road tax as they may deem for best interest of said town. Said mayor and council shall have authority to make any and all by-laws, rules, regulations and ordinances necessary for the government of said town and the peace, good order and dignity thereof: to fix license fees for the transaction of business in said town; to punish by fine or imprisonment or both in the discretion of the officer presiding over the mayor's court; and such officer is hereby clothed with authority to try offenders against the ordinances of said town and to punish said offenders by a fine of not more than fifty dollars, to imprison in the town prison not more than thirty days, or by work on the public roads

Page 594

and streets of said town for not more than thirty days, or any one or more of said punishments. The mayor and council shall have the power and authority to fix the cost in all cases of the violation of the ordinances of said town, and upon conviction, the cost shall be taxed against the offender so convicted. Roads and streets, work on. [Illegible Text] power to make Mayor's court. Punishment. Costs. SEC. 6. The mayor, and in his absence, a member of the council, shall preside over the council and the presiding officer shall vote only in case of a tie vote. Presiding officer. SEC. 7. Said mayor and council shall have power and authority to levy taxes for the support of the government of said town, not to exceed one-half of one per cent. of the taxable property of said town. Taxation. SEC. 8. All laws in conflict with this Act are hereby repealed. Approved August 16, 1915. DOERUN CITY BOARD OF EDUCATION. No. 215. An Act to amend an Act to authorize the establishment of a system of public school, or schools, in and for the town of Doerun (now city of Doerun), in Colquitt County, State of Georgia, approved November the 26th, 1901 (Acts 1901, pages 372-4), by striking therefrom Section 3, and substituting therefor another section to be numbered 3, providing for the number of members of the board of education and their election by the mayor and aldermen of the city of Doerun, and providing for the submission of this Act to a vote of the people of said city to determine whether same shall become effective, and for other purposes.

Page 595

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all of Section Three (3) of An Act to authorize the establishment of a system of public school or schools in and for the town of Doerun (now city of Doerun), in Colquitt County, State of Georgia; to provide for the acquiring of property and buildings and raising revenue to establish and maintain said school or schools, and for other purposes, approved November 26th, 1901 (Acts 1901, pages 372-4), be and the same is hereby stricken, and the following section, to be known as Section Number Three (3) is hereby inserted in lieu thereof, to-wit.: Act of 1911 amended. SEC. 3. (a) Be it further enacted, That all of the present members of the board of education shall continue in office until the regular meeting of the mayor and aldermen in May, 1916, at which time the terms of the office of all of the members of said board shall expire, and at which time said mayor and aldermen shall elect three (3) qualified voters, resident of said city, as members of the board of education, who shall serve for one, two, and three years, respectively, the mayor and aldermen to designate in the election the term of each member so elected, said board of education to consist of only three members after the meeting of the mayor and aldermen in May, 1916. At their regular meeting in May in each year thereafter, said mayor and aldermen shall elect a qualified voter, resident of said city, as a member of said board of education, who shall serve for three years from said time, and until his successor is elected and qualified. In case of vacancies in the board from any cause it shall be the duty of the mayor and aldermen, at their next regular meeting, to fill same as herein provided for regular election of a member. New [Illegible Text] Election of three members of board of education. Terms. Vacancies. (b) Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the qualified voters of said city at the next regular election for municipal officers of said city, and under the same rules and regulations for such officers, and the qualification of the voters shall be the same. At said election those in favor

Page 596

of reducing the number of the members of the board of education from five to three, and of electing them by the mayor and aldermen, shall have written or printed on their ballots the words: For reducing members of board of education from 5 to 3, and electing them by mayor and aldermen, and those opposed to said change shall have written or printed on their ballots the words: Against reducing members of the board of education from 5 to 3, and electing them by the mayor and aldermen. If a majority of those so voting shall by their ballots favor the reduction, then this law shall become effective, otherwise not. This Act to be voted on by the people. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1915. DOERUN CITY TAX ASSESSMENTS. No. 276. An Act to amend an Act entitled An Act to amend, revise, consolidate and supersede the several Acts incorporating the town of Doerun, in the county of Colquitt, State of Georgia, and to create and establish the city of Doerun, and to create and regulate municipal government of said city; define the rights, powers and duties of the same; to repeal conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 19 of said Act be and the same is hereby stricken entirely from said Act and the following section inserted in lieu thereof, to-wit.: It shall be the duty of said tax assessor to assess the value of all real estate and personal property in said city

Page 597

for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the official receiving the same and increase the value of the real estate or personal property when in their judgment the value placed thereon by the taxpayers is too small. It shall be the duty of all owners of real estate and personal property to make returns as hereinbefore provided at its cash market value, and if any person shall fail or refuse to make such return of any of their real estate or personal property within said city by the first day of July in any year, the said tax assessors shall assess such property of the person so failing to make such returns at double the market value of such property. It shall be the duty of said tax assessors to examine carefully the property, both real estate and personal, located in or owned within said city and to assess the same at the true market value thereof. Said assessors shall make a return of their [Illegible Text] within thirty days after the tax returns are turned over to them by said clerk; provided, that the mayor and councilmen shall, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said tax assessors shall appoint a time and place for hearing objections to their assessments and said clerk shall give notice to persons whose property has been raised or double taxes assessed against their property, ten days before said hearing, stating the time and place of hearing and the increase so made by the assessors. This notice may be served personally on said taxpayer or mailed to said person at his last known address, with postage prepaid. Tax assessments. Duty of [Illegible Text] Hearing of objections. Any person dissatisfied with the assessment made on any property under the provisions of this Act, shall have the right of appeal from the same to the mayor and councilmen, provided, said appeal be filed within five days, and provided said appeal shall be in writing, setting forth distinctly the items of property that have been raised, the amount at which the same has been assessed and the market value as contended by the appellant, and said appeal shall be filed with the clerk of the city within five days after the hearing of said assessment by said assessors, and said appeal

Page 598

shall be heard by the said mayor and councilmen at the next regular meeting of the said mayor and councilmen after the filing of said appeal, and the decision of said mayor and councilmen shall be final. Appeals. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. DOUGLAS CITY CHARTER AMENDED. No. 245. An Act to amend an Act, entitled an Act to create a new charter for the city of Douglas, approved December 20, 1899, and the several amendatory Acts thereof, by amending Section Two so as to change the salary of the mayor from $600 to $300 and the salary of the aldermen from $120 to $60 per annum, and by repealing entirely Section Three of the amendatory Act thereto, approved August 6th, 1912. Also to provide rules and regulations for the qualification of electors in the city elections in the city of Douglas. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating a new charter for the city of Douglas, approved December 20th, 1899, and the several amendatory Acts thereto, specifically the amendatory Act thereto, approved August 6th, 1912, be amended as follows: By amending Section 2 so as to strike from said section where they occur the figures $600 and inserting in lieu thereof the figures $300; and by striking from said section the figures $120, where they occur, in said section,

Page 599

and inserting in lieu thereof the figures $60, so that said section, when so amended, shall read as follows: Act of 1899 amended. Be it further enacted by the authority aforesaid, That from and after January 1, 1913, the mayor of the city of Douglas shall receive annually as compensation for his services the sum of $300, payable monthly, the same to be paid out of the funds and taxes of said city of Douglas; that the aldermen of said city shall each receive as compensation for their services annually, the sum of $60, payable monthly out of any funds and taxes belonging to the city of Douglas. To be read. Salaries reduced. SEC. 2. Be it further enacted by the authority aforesaid, That Section Three of the amendatory Act, approved August 6th, 1912, which reads as follows: Be it further enacted by authority aforesaid, That only persons qualified to vote for the members of the General Assembly in Coffee County, who shall pay all taxes legally imposed and demanded by said authorities of the city of Douglas, including street tax, and who shall have resided there three months within the jurisdictional limits of said city, shall have registered as hereinbefore provided, shall be qualified to vote at any election, be and the same is hereby repealed. Sec. 3 of Act of 1912 repealed. SEC. 3. Be it further enacted by authority aforesaid, That only persons qualified to vote for the members of the General Assembly in the county of Coffee, who shall have paid all taxes legally imposed and demanded by the authorities of said city of Douglas, including the street tax, for all years previous to the year in which such election shall take place, and who shall have resided three months within the jurisdictional limits of said city, and shall have registered as hereinafter provided, shall be qualified to vote at any city election held in said city; provided, that no voter who is otherwise qualified shall be refused the right to register and vote in said city election on account of the default in the payment of any taxes due to said city by such voter for the year in which such voter offers to register or vote. Qualification of voters.

Page 600

SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. EAST LAKE TOWN LIMITS AND TAXATION. No. 54. An Act to amend an Act creating a charter for the town of East Lake, Georgia, approved August 16, 1910, and amended by an Act approved August 16, 1913, and further amended by an Act approved August 14, 1914, said Act of amendment being as follows: An Act to amend the charter of the town of East Lake, in the county of DeKalb, State of Georgia, by more clearly defining and extending the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act creating a charter for the town of East Lake, approved August 16, 1910, and amended by an Act approved August 16, 1913, and further amended by an Act approved August 14, 1914, be and the same is hereby amended as follows: Act of 1910 amended. By inserting between the words to, and Glenwood, in the thirtieth line on page 716, in Section 2 of the charter of the town of East Lake, as printed in the 1914 Acts and Resolutions of the General Assembly, the words the middle of; by inserting between the words along, and said, in line 32 of said page and section, the words the middle of; by eliminating lines 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, on page 717 of said section, and inserting in lieu thereof the words: West along the south side of

Page 601

Morgan Street forty-four hundred (4400) feet, more or less, to the east side of Second; and by changing the language in the same section on page 717, and beginning in line 34, by eliminating the words: 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, and substituting in lieu thereof the words: to the corporate limits of the town of Kirkwood, in the center of East Fair Street; thence east along the center of East Fair Street three hundred (300) feet, more or less, [Illegible Text] a point two hundred ten (210) feet west of the west side of Junction Avenue, said point being opposite the side of a ten-foot alley; thence north along the west side of said alley a distance of four hundred (400) feet, more or less, and continuing north parallel with Junction Avenue to the right-of-way of the Georgia Railway and Power Company's East Lake and Decatur car line; thence easterly along the south side of said right-of-way two hundred ten (210) feet, more or less, to East Lake Junction; thence northeasterly crossing the East Lake line and following the southeast side of the right-of-way of the Decatur branch of said car system to the beginning point on the north side of Kirkwood Boulevard, formerly Boulevard DeKalb, so that said Section 2, as amended, shall read as follows: SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace all that tract or parcel of land situated, lying and being in land lots 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 Kirkwood Boulevard, formerly 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's 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

Page 602

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 MeDonough 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 the middle of Glenwood Avenue, sometimes called East Lake Avenue, or Wade Road; thence west along the middle of Glenwood 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 183 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 feet, more or less, to the east side of Johnson Avenue; thence north two hundred and 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 southeastern corner of said grounds at Lakeview Boulevard; thence north along the west side of Lakeview Boulevard one thousand eight hundred and 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 forty-four hundred (4,400) feet, more or less, to the east side of Second (formerly Skiff Avenue);

Page 603

thence south along the east side of Second Avenue sixteen hundred forty (1,640) feet; thence east parallel with Glenwood Avenue, sometimes called West Lake Street, thirteen hundred sixty (1,360) 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 (1,900) feet west of Second Avenue, formerly Skiff Avenue; thence extending due north two hundred (200) feet to Glenwood Avenue, and crossing said avenue and continuing due north at a distance of nineteen hundred (1,900) feet west from Second Avenue to the corporate limits of the town of Kirkwood in the center of Fair Street; thence east along the center of East Fair Street three hundred (300) feet, more or less, to a point two hundred ten (210) feet west of the west side of Junction Avenue, said point being opposite the west side of a ten-foot alley; thence north along the west side of said alley a distance of four hundred (400) feet, more or less, and continuing north parallel with Junction Avenue to the right-of-way of the Georgia Railway and Power Company's East Lake and Decatur car line; thence easterly along the south side of said right-of-way two hundred ten (210) feet, more or less, to East Lake Junction; thence northeasterly crossing the East Lake line and following the southeast side of the right-of-way of the Decatur branch of said car system to the beginning point on the north side of Kirkwood Boulevard, formerly Boulevard DeKalb. The said town of East Lake to have control and supervision, for all legitimate police purposes, and for State and county school taxation purposes, over the property of the Atlanta Athletic Club, adjoining said town of East Lake. By inserting between the words general purposes, and shall, in line 6 of Section 33 of said amended charter the words, exclusive of the school tax, so that said Section 33, as amended, shall read as follows: To be read Territory embraced. Police of Athletic Club. Further amendment. 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,

Page 604

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, exclusive of the school tax, 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 and 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. Taxation. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. EAST LAKE TOWN SCHOOL SYSTEM. No. 197. An Act to establish a system of public schools in the town of East Lake, DeKalb County, 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. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, there may be established in the town of East Lake, DeKalb County, Georgia, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Public school system authorized.

Page 605

SEC. 2. Be it further enacted, That public school system of the town of East Lake, Georgia, shall be controlled by a board of education, composed of five (5) citizens, one of whom shall be the mayor of said town who shall serve ex-officio. The remaining four (4) members of the board shall be elected by the town council, two (2) members to serve until July, 1917, or until their successors are elected and qualified and two (2) members to serve until July, 1919, or until their successors are elected and qualified. After July, 1917, the term of office for elected members shall be four (4) years. Any elected member of the board of education of said town may be removed from office at any time by the vote of seven (7) members of the town council of said town. The members of the board of education shall elect from their membership 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 board of education. He shall keep accurate and complete minutes of proceedings of each meeting of said board. 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 board and at each meeting of the town council, when it shall be open to inspection of the mayor, or any town councilman, or any number of them; but the town clerk shall not surrender the custody of said book to any person other than the one designated by resolution of the board of education. The minutes of each meeting of said board shall be signed by the town clerk, or clerk of said meeting, and also by the chairman of the board, or, in his absence, by other presiding officer. The members of the said board of education shall receive no compensation for their services as such. Board of education. Election and terms of office. Clerk. Minutes. SEC. 3. Be it further enacted, That before entering upon the discharge of the duties of said office each member of said board of education shall take and subscribe the following oath: I (A, B.) do solemnly swear that I will faithfully

Page 606

discharge the duties devolving upon me as a member of the board of education of the town of East Lake, to the best of my skill and ability and in accordance with what shall to me appear for the best interest of the town and the cause of education, without fear or favor, affection, reward or the hope thereof, so help me God. Oath. SEC. 4. Be it further enacted, That three (3) members of the board of education shall constitute a quorum for the transaction of business at any regular or special meeting of said board. Quorum. SEC. 5. Be it further enacted, That said board of education shall elect the teachers and other officers and employees for the public school system of said town, and fix their salaries; and said board shall have the right and authority to suspend or remove any teacher or officer or other employee whenever in its discretion it may deem best so to do, and shall have authority to suspend or expel any pupil from attendance at the town school when, in the opinion of a majority of said board, it shall be for the interest of the school, and its action in so doing shall be final and conclusive, and said board shall at all times supervise, regulate and make efficient said school system, fixing the length of the term and the time for the 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 other acts not inconsistent with the laws of this State, as it may deem necessary to promote the system of education; and said board shall have charge of all the grounds and buildings set aside by said town council for school purposes, and shall be charged with the upkeep of all school property of said town. And said board shall make provision, whenever it may find it necessary so to do, for the education of both white and colored children within said town, but that separate schools shall be provided for separate races. Teachers and other employees. Regulatory powers. SEC. 6. Be it further enacted, That said board of education shall annually make, to the town council of said town,

Page 607

a written report of all moneys received and disbursed by it and shall accompany said report with a fully itemized statement accompanied with vouchers for all money disbursed. Annual report. SEC. 7. Be it further enacted, That it shall be the duty of the board of education to establish such primary schools, grammar schools and high schools as may be necessary for the education of the children attending said schools, and the tuition for same shall be free to all children within the school age residing within the corporate limits of the town of East Lake; providing, 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 of said town may be admitted to such schools upon such terms as may be prescribed by the board. Schools. Free [Illegible Text] Matriculation fee. SEC. 8. Be it further enacted, That it shall be lawful for the county school commissioner of DeKalb County or other counties of the State to make contract with the said board of education of said town to teach pupils of school age residing in their respective counties, and to pay said board out of that portion of the common school fund of said State belonging to their respective counties, in like manner and under the same provisions as teachers in their respective counties are paid; provided, however, that in case the rate of tuition for non-resident children, as fixed by said board, be higher than the public school rate authorized to be paid by the county school commissioner, then said board of education shall have the right to charge, contract with and collect said difference from the parent or guardian of said non-resident pupils. Contract with county school commissioner Tuition for non-residents. SEC. 9. Be it further enacted, That the board of education of the town of East Lake shall prepare and take a census annually, after the passage and approval of this Act, of all the children residing in the said town of East Lake, who are, under the law, entitled to participate in the

Page 608

State public school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of September of each year. School census. SEC. 10. Be it further enacted, That upon the receipt of the foregoing report of the result of said census the State School Commissioner shall apportion said town of East Lake its pro rata share of the State school fund, based upon the result of said annual census, and pay over such pro rata share of the State school fund to the town clerk of the town of East Lake. Proportion of State school fund. SEC. 11. Be it further enacted, That the State school fund shall be supplemented by an ad valorem tax levied by the town council of the town of East Lake as follows: The board of education shall by the first of July of each year, after the present year, make an estimate of the amount necessary to be raised that year for the additional support of public schools in said town, and place this estimate before the town council of said town; and when the same is approved by said town council it shall be its 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 East Lake and upon such property of the Atlanta Athletic Club as may be located in DeKalb County, Georgia, and adjoining said town, as provided for in the amended charter of said town, approved August 14, 1914, and the said town council is hereby authorized and required to levy said school tax and to cause the same to be collected by the town clerk of said town 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 town council shall have no authority to levy and collect for school purposes more than one half of one per cent. of the value of all such taxable property. The moneys raised by such special school 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 board of education of the town of East Lake, Georgia,

Page 609

in such bank or banks as may be designated by the town council. The money 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 board, 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 chairman or vice-chairman of said board. Each such warrant shall bear the words, By order of the board of education 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 the 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 board, authorizing the expenditures of the money represented by such warrant. It shall be the duty of the mayor of said town to file a sample of the authorized form of warrant and specimens of the signatures of the town clerk and chairman and vice-chairman of the board, with each bank designated as a depository of the school fund, together with written advices to the effect that such banks shall 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 the chairman or vice-chairman of the board. Local school tax. Money to be deposited. How drawn SEC. 12. Be it further enacted by authority aforesaid, That this Act shall take effect upon its approval by the Governor, and that the taxes under this Act for the year 1915 shall be levied by the first day of September and shall be collected as may be provided by the town authorities. Levy of tax. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 610

EAST POINT CITY FRANCHISE GRANTS. No. 174. An Act to amend the charter of the city of East Point, in the county of Fulton, approved August 19, 1912, by striking from the lines six, seven and eight of Section Seventy-eight of the said charter, the following: For more than a term of twenty years, nor shall they be granted without compensation, and by adding at the end of said section, the subject matter herein contained, and for 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 East Point, in the county of Fulton, approved August 19th, 1912, be, and the same is hereby amended by striking from the sixth, seventh and eighth lines of Section Seventy-eight of the charter of the city of East Point the following: For more than a term of twenty years, nor shall they be granted without compensation, and by adding at the end thereof, the matters herein contained, so that said Seventy-eighth Section, when so amended shall read as follows: Section 2. Be it further enacted, That the city council shall have the power and authority to grant franchises, easements and right-of-ways over, in, under and on public streets, lanes, alleys, sidewalks, parks, and other property of said city on such terms and conditions and for such lengths of time as they may fix; provided, that franchises shall not be granted without fair and adequate compensation to said city, to be provided for in said franchise ordinance; and provided, further, that no such franchise shall be granted until the application for the same, with a description of the nature of the franchise, the streets, lanes, alleys, sidewalks, parks and other property on which desired, the terms upon which asked, and the time at which it will be acted upon shall have been first advertised at the expenses of the applicant

Page 611

once a week for four weeks in a newspaper published in said city; and if no newspaper is there published, then in the gazette carrying the sheriff's advertisements for such a length of time. Act of 1912 amended. To be read. Grants of franchises, etc. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. EATONTON CITY SCHOOL TRUSTEES. No. 85. An Act to abolish the present board of trustees of the Eatonton Male and Female Academy, for white children, in the city of Eatonton, in the county of Putnam, State of Georgia, and to create in lieu of said board of trustees, a new board of trustees, to consist of five members only for the Eatonton Male and Female Academy, for white children, in the city of Eatonton, in the county of Putnam, State of Georgia; to fix and define their term of office, powers, duties and the organization of said board; to provide for their election by the qualified voters of the said city of Eatonton; to provide for the length of the terms of office of the members of said board; to provide for the submission of this Act for ratification by the qualified voters of said city of Eatonton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the present board of trustees of the Eatonton Male and Female Academy for white children in the city

Page 612

of Eatonton, in the county of Putnam, State of Georgia, is hereby abolished and in lieu thereof there is created a board to be known as the board of trustees for the Eatonton Male and Female Academy for white children, to consist of five members only, who shall discharge all the duties now imposed upon the board first above mentioned. Present board abolished. Board of five created. SEC. 2. Be it further enacted by the authority aforesaid, That the board of trustees herein provided for shall be selected as follows: On the 15th day of September, 1915, if this Act be ratified, a special election shall be held in the city of Eatonton at the usual place for holding elections for the purpose of electing such trustees, by the qualified voters of said city, and said election shall be held in like manner as other elections are held. The person receiving the highest vote at said election shall serve as trustee till the first Wednesday in September, 1920; the person receiving the next highest till the first Wednesday in September, 1919; the person receiving the next highest till the first Wednesday in September, 1918; the person receiving the next highest till the first Wednesday in September, 1917; and the person receiving the next highest till the first Wednesday in September, 1916. Each voter shall vote for five trustees. In case of tie the mayor and council of the city of Eatonton shall fix the terms as between those so tied. Thereafter annually at the election for mayor and councilmen in said city one trustee shall be elected to take office on the next succeeding first Wednesday in September. The term of office after the first election shall be five years. All terms shall extend till successors are elected and qualified. Vacancies occasioned by death, resignation or other causes shall be filled by the city council until the next regular election. Election of trustees. Terms of office. SEC. 3. Be it further enacted by the authority aforesaid, This Act shall become effective if and when it shall be ratified in the following manner, to-wit: An election shall be held by the registered voters of the city of Eatonton on August 31, 1915, to be held in like manner as other elections in said county are usually held. Those desiring

Page 613

to vote for the ratification of this Act shall have written or printed on their ballots the words: For ratification; those desiring to vote against the ratification shall have written or printed on their ballots the words, Against ratification; if a majority vote for ratification, this Act shall take effect and not otherwise. This Act not effective unless ratified by people. SEC. 4. Be it further enacted by the authority aforesaid, That it is hereby made the duty of the mayor and councilmen of the city of Eatonton to appoint the managers of the elections to be held under this Act; if for any reason the mayor and council of the city of Eatonton fail, neglect or refuse to appoint the managers of such elections or should the managers or any of them fail or refuse to serve after appointment, then any three freeholders of the city of Eatonton are hereby authorized to hold and superintend such elections. Returns of all such elections shall be made to the mayor and council of the city of Eatonton who shall declare the result. Managers of elections. SEC. 5. Be it further enacted by the authority aforesaid, That within fifteen days after the election of the trustees herein provided for, or as soon thereafter as they shall find it practicable to do so said trustees shall meet and organize by electing one of its members the president of such board and one of its members secretary of such board and a majority of said board shall constitute a quorum. Organization of board. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915.

Page 614

ELBERTON CITY COUNCIL ACTS, APPROVAL OF. No. 36. An Act to amend an Act incorporating the city of Elberton, approved December 19, 1906, so as to provide for the approval of all Acts of the council of the said city by the mayor of said city; to fix the time within which such approval must be made; to prescribe the manner in which the Acts of said city council may take effect over the veto of said mayor and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act to incorporate the city of Elberton, approved December 19, 1906, be and the same is hereby amended, as follows: The mayor of the city of Elberton shall approve or veto all ordinances, resolutions or other Acts of the council of said city, and every ordinance, resolution or other Act of said council before it shall take effect, shall be approved by him within four days (Sundays excepted), or, being disapproved, shall be passed by a two-thirds vote of said council, such vote to be taken by yeas and nays and entered on the minutes of said council. In the event any ordinance, resolution or other Act of said council shall not be approved or vetoed by the mayor, within the time appointed, the same shall take effect, as if approved by him. Act of 1906 amended. Approval or veto of ordinances. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1915.

Page 615

ELLENTON TOWN EXECUTIONS, LEVY AND SALE. No. 24. An Act to amend an Act incorporating the town of Ellenton, Georgia, approved August 13, 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 from and after the passage of this Act, Section No. 15 of the above stated Act incorporating the town of Ellenton be amended by striking therefrom the following words, appearing in the 14th, 15th and 16th lines of said section, to-wit.: Sheriff of Colquitt County on the first Tuesday of the month in front of the court house door in Moultrie, Georgia, and substituting in lieu thereof, the marshal of said town of Ellenton on the first Tuesday of the month in front of the place of holding the mayor's court of said town, so that said Section 15, when so amended, shall read as follows: Be it further enacted, That said mayor and aldermen shall have power and authority to enforce by execution the collection of any amount due for license fees, taxes and assessments of any kind; for fines and forfeitures, and for any debt or demand due the town. Such execution to be issued in the name of said town of Ellenton, and against the person, corporation or firm by whom any such debt may be due, and it shall be the duty of the marshal or any policeman to levy all executions in favor of the town, and after advertising for ten days, he shall sell the property levied upon at the place of holding the mayor's court of said town, unless the same shall be real estate, in which case, the advertisement shall be for four full weeks, and said property shall then be sold by the marshal of said town of Ellenton on the first Tuesday of the month in front of the place of holding the mayor's court of said town. The cost of advertising and selling this property to be first paid, and the taxes due to the town of Ellenton to be then paid, and if anything should remain

Page 616

after said payments then the balance remaining to be turned over to the owner of said property. The purpose of this amendment being to have the marshal of Ellenton to make all tax sales, whether real or personalty. Act of 1910 amended. To be read Executions; levy and sale by marshal. 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 5, 1915. ELLIJAY CITY PUBLIC SCHOOL SYSTEM. No. 117. An Act to amend an Act approved August 14, 1909, incorporating the city of Ellijay, by adding to said Act provisions providing for the establishment in said city of a system of public schools; to define the basis upon which said schools shall be conducted; the qualification of students eligible to be admitted thereto; the levy and collection of a tax for the construction, support, conduct and maintenance 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 approved August 14, 1909, incorporating the city of Ellijay, be and the same is hereby amended by adding thereto the following provisions, to-wit.: Act of 1909 amended. SEC. 2. That there shall be established in the city of Ellijay, in Gilmer County, a system of public schools to be conducted and maintained as hereinafter provided. Public schools. SEC. 3. That the board known as the board of trustees of Ellijay Institute (as created by the Act approved November

Page 617

29, 1897, relating to the authorization of a debt not to exceed $5,000 for erecting and finishing a school building for the town of Ellijay) shall be the trustees for the systems of schools herein provided for, with all the powers, duties and privileges accorded them in said Act of November 29, 1897, together with such additional powers as may herein be conferred. Board of trustees. Powers. SEC. 4. That the mayor and aldermen of said city of Ellijay are hereby authorized to levy and collect annually a tax in addition to that now allowed by law, not to exceed one-half of one per cent. on the taxable property of said city for the purpose of establishing and maintaining said school, not less than seven nor more than ten months in each year, the fund realized from such tax to be used exclusively for the purposes of said school, and to be paid out by the treasurer of the city of Ellijay on warrants signed by the chairman of said board and countersigned by the secretary. School tax. SEC. 5. That all children between the ages of six and eighteen years whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city, shall be entitled to the benefits of said school, and no such child shall be required or compelled to pay any [Illegible Text] or other fees whatsoever. Said board may admit children of like age into said school whose parents, guardians or natural protectors do not reside within the said corporate limits, upon such terms and regulations and upon the payment of such tuition or other fees as they may deem reasonable and proper. They may also provide for the admission of pupils over the age of eighteen years in said school, whether residents of said city or not, under like conditions; provided, however, that any and all funds raised hereunder shall be applied solely to the purposes of said school. Resident children, [Illegible Text] [Illegible Text] Fees for non-residents. SEC. 6. That before this Act shall become operative, it shall be submitted to the qualified voters of said city, for which purpose the mayor and aldermen thereof shall

Page 618

order an election, of which thirty days' notice shall be given in the papers published in said city, which election shall be held under the same rules and regulations as are required for mayor and aldermen. Qualifications of voters at said election to be the same as for members of the General Assembly. Those in favor of public schools shall have written or printed on their tickets, For public schools, and those opposed shall have written or printed on their tickets Against public schools. The managers of said election shall make returns thereof to the mayor and aldermen of said city, who shall at the first opportunity open said returns and declare the result thereof; and if two-thirds of the qualified voters of said city, or two-thirds of those voting shall be for public schools, then this Act shall take effect immediately, otherwise not. Should this Act fail of adoption at said election, the said mayor and aldermen may submit the same to another election under the same rules and regulations as the first election, after the expiration of six months from said first election. Should this Act fail of adoption at said second election, the said mayor and aldermen may submit the same to one or more other elections under the same rules and regulations; but no subsequent election shall take place until after the expiration of at least six months from the next preceding election. This Act effective if [Illegible Text] by people. SEC. 7. Should the first election provided for in the preceding section hereof result in the adoption of this Act, the mayor and aldermen are hereby authorized to levy and collect immediately a tax for the support of said schools for the balance of the year 1915. For the year 1916 and subsequent years, the provisions of Section 4 hereinabove, shall apply; and as to all taxes to be levied and collected for these purposes, whether for the year 1915 or subsequent years, the mayor and aldermen shall have power to make them [Illegible Text] at such time or times as they may fix therefor. Levy of tax. SEC. 8. The mayor and aldermen of the city of Ellijay are hereby empowered to pass any and all ordinances,

Page 619

by-laws, rules and regulations for the carrying out of the provisions of this Act, in levying and collecting the taxes, and in disbursing the proceeds thereof, mentioned in this Act. Ordinances, power to pass. SEC. 9. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1915. FOLKSTON CITY OFFICERS' QUALIFICATIONS. No. 50. An Act to amend the charter of the city of Folkston in the county of Charlton, so as to fix the qualifications for elective officers of said city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act, that Section Three of the charter of the city of Folkston, in the county of Charlton be amended by adding after the word Freeholder in line eight of said Section Three, the words and who owns real estate within the corporate limits of said city, so that said Section Three when so amended shall read as follows: The elective officers shall consist of mayor, who shall also act as police judge, a city clerk, city treasurer, city assessor and a board of five aldermen, one of whom shall be elected at large. Any person twenty-one years of age, who is a citizen of the United States and has resided [Illegible Text] year in the State of Georgia, six months in Folkston and thirty days in a ward, and who shall have paid all taxes levied against him, who is a freeholder and who owns real estate within the corporate limits of said city, and has been regularly registered, shall be eligible to any elective office in the city of Folkston. Charter amended. Officers. Eligibility.

Page 620

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 7, 1915. FORT GAINES CITY CHARTER AMENDED. No. 165. An Act to amend an Act creating a new charter for the city of Fort Gaines, approved August 12, 1914, providing for a method of filling offices in case of tie, changing the number of councilmen of said city, providing for terms and election 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, Section Ten (No. 10) of this Act, approved August 12, 1914, creating a new charter for the city of Fort Gaines, be amended as follows: By striking from said section the following words: In case of a tie 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, and inserting in lieu thereof the following: In case of a tie vote between two or more persons for the same office, another election shall be called by the old mayor and councilmen, which election shall be held within thirty days from the next regular meeting of the said city council, after said tie election occurred, notice of which shall be given one time by publication in the gazette in which the legal advertisements of said city are published; provided, that the six

Page 621

persons running for councilmen receiving the greatest number of votes cast shall be declared elected. Act of 1914 amended. Election in case of tie vote. SEC. 2. Be it enacted further, by the authority aforesaid, That Section Three (No. 3) of the Act approved August 12, 1914, creating a new charter for the city of Fort Gaines, be amended as follows: By striking the word five in the second line of said section and inserting in lieu thereof the word six and substituting the word six in lieu of the word five wherever it appears in this Act referring to the number of councilmen of said city of Fort Gaines. Number of councilmen. SEC. 3. Be it enacted by the authority aforesaid, That Section Four (No. 4) of the Act approved August 12, 1914, creating a new charter for the city of Fort Gaines, be amended as follows: By striking the word five in line one of said section, and substituting in lieu thereof the word six and by striking the words and every two years thereafter, appearing in line three of said section, and substituting in lieu thereof, the following: That the present mayor and councilmen of the city of Fort Gaines shall continue in office until the expiration of the terms for which they were elected and until their successors are elected and qualified, but that at the next regular election in said city, to be held on the second Tuesday in December, 1916, an election shall be held for mayor and six councilmen. The mayor and two councilmen shall be elected for a term of two years and two councilmen shall be elected for a term of four years, and two councilmen shall be elected for a term of six years, and at each election to be held thereafter, their respective successors shall be elected for a term of two years. Terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That Section Eighteen (No. 18) be amended as follows: By striking the words four commissioners in line twelve of said section and substituting in lieu thereof the words five councilmen. Five councilmen. That said section be amended further by adding there

Page 622

to the following: In all cases of a tie on questions coming before the council, the mayor shall cast the deciding vote. Mayor's 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 14, 1915. HAPEVILLE CITY TAXING POWER. No. 246. An Act to amend An Act to incorporate the city of Hapeville and for other purposes, approved September 16, 1891, and the several Acts amendatory thereof; to provide for the levy and collection of an ad valorem tax on all property in said city of Hapeville subject to taxation, and for 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 city of Hapeville, 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: For the purpose of raising money to support and maintain and meet the expenses of the city government, and to provide for the payment of the interest due on the bonded indebtedness of said city and to provide a sinking fund to pay off said bonded indebtedness when the same shall become due, the mayor and council of said city of Hapeville shall, on and after the passage of this Act, including the current year of our Lord one thousand, nine hundred and fifteen, have the power and authority to levy and collect a street tax on all male residents of said city between the ages of twenty-one (21) and fifty (50) years, and an ad valorem tax on all property whatsoever owned,

Page 623

held or possessed in said city of Hapeville, subject to [Illegible Text] under the laws of the State; said ad valorem tax not to exceed one and one-half per centum per annum of the value of said property. Act of 1891 amended. Taxing power and purposes. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. HILTONIA, TOWN OF, INCORPORATED. No. 180. An Act to incorporate the town of Hiltonia, in the county of Screven, State of Georgia; to define the corporate limits of said town; to provide for a mayor and aldermen and other officers for said town; to prescribe their powers and duties; to confer upon the mayor and aldermen of said town the power to enact ordinances for said town and to provide for the enforcement of said ordinances and for penalties for the violation of the same; to provide for all matters of municipal concern to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Hiltonia, in the county of Screven, in said State, be and the same is hereby incorporated; that the corporate limits of said town shall extend three fourths ([frac34]) of one mile in every direction from a building now used as a magistrate's court house in the town of Hiltonia; that the plat already made defining the streets, alleys, public grounds and lots, is hereby adopted as the plat of the town of Hiltonia. Corporate name. Territorial limits.

Page 624

SEC. 2. Be it enacted, That the government of said town shall be invested in a mayor and six aldermen, to be known as the mayor and councilmen of said town, and to be elected as hereinafter provided, and who shall hold their office until their succesors are elected and qualified. Government. SEC. 3. Be it enacted, That the following named officers be appointed by this Act to serve from the time this charter is granted until the first Tuesday of the month of June, in the year 1917, or until their successors have been elected and qualified: For mayor: T. P. McElreath. For councilmen: J. L. Limerick, J. W. Newton, C. C. Mobley, J. W. Rouse, J. F. Herrington and C. C. Limerick. Mayor and councilmen designated. SEC. 4. Be it further enacted, That an election for mayor and councilmen for said town of Hiltonia be held on Tuesday before the third Sunday of May, 1917, and every two years thereafter and the term of office of said mayor and councilmen shall be for a term of two years and until their successors are elected and qualified. All persons shall be eligible to vote and hold office in said town who have been a resident of said town six months next preceding said election, and who are qualified under the laws of this State to vote for members of the General Assembly. Terms of office. SEC. 5. Be it enacted, That the mayor and councilmen shall provide for the registration of all citizens eligible to vote in any election in said town ten days before any election is held. Said election shall be held and conducted in the same manner as elections for county officers, and the certificates of the managers of such elections when recorded on the records of said town shall be sufficient authority for the person receiving the highest number of votes at said election to enter upon the duties of the office to which he was elected, after subscribing to an oath to faithfully perform his duties. Registration of voters. Elections. SEC. 6. Be it further enacted, That said town shall have and use a common seal; shall be empowered to purchase, hold or sell personal or real property for any municipal purpose, and by and in the name of the mayor and council

Page 625

of Hiltonia, have perpetual succesion and by that name may contract, be contracted with, may sue and be sued; shall have the power to lay out and open streets, and for this purpose may condemn private property, the condemnation proceedings to be conducted according to the laws of the State of Georgia. Several powers specified. SEC. 7. Be it further enacted, That the mayor and council shall have the power to pass all ordinances for the maintenance of good order, and for the suppression of all vice and disorder in said town, and for the protection of all citizens or persons or property in said town and for the efficient government of the said town; to appoint a marshal and such other police as they may deem necessary and to remove them from office at any time in their discretion. Ordinances. Marshal and policemen. SEC. 8. Be it enacted, That all the male citizens of the town of Hiltonia between the years of sixteen (16) and fifty (50) shall be liable to pay a street tax annually of not more than five dollars ($5.00), two dollars and fifty cents ($2.50) on or before the first day of June, and two dollars and fifty cents ($2.50) on or before the first day of December each year. The persons so taxed shall be given the privilege of working ten days on the streets of said town under the direction of the mayor and council in lieu of said $5.00; that the [Illegible Text] and council shall have the power to provide the method of collecting such street tax and may by ordinance make it a penal offense to refuse to pay said tax. Street tax. Street work. SEC. 9. Be it further enacted, That the mayor and council shall have power to provide for the assessment of all property within the corporate limits of said town, and to levy such annual ad valorem tax on the same for public purposes and for the government of said town, as in their discretion would be for the betterment of said town and all the citizens thereof. Assessment of property for tax. SEC. 10. Be it further enacted, That the mayor and council shall have authority to tax all shows, auctioneers,

Page 626

gift enterprises and all businesses and to levy such other privilege and occupation tax as in their discretion may seem just and proper for the use and support of said town government. Tax on occupations. SEC. 11. Be it enacted, That the mayor and council shall have the power to define a public nuisance, abate the same and punish those maintaining same. Nuisances. SEC. 12. Be it further enacted, That the mayor and council shall have the power to prescribe the fire limits for said town and to prescribe the plan of buildings and the material that may be used in any building within said fire limits. Fire control. SEC. 13. Be it further enacted, That the sale, barter or giving away of any beer, strong, cider, whiskey or any intoxicating liquors or keeping for sale any such drinks shall be forever prohibited within said town. Liquors barred. SEC. 14. Be it further enacted, That the mayor and council shall have the power to establish a mayor's court for the trial of all offenders against the ordinances of said town, and shall have power to prescribe that any violation of the ordinances of said town, by any person, shall be punished by a fine not exceeding one hundred dollars ($100.00), or imprisonment at hard labor on the streets of said town for not exceeding thirty days (30), or both fine and imprisonment at the discretion of the mayor. The defendant shall have the right, by the payment of all cost, to appeal to the council from any decision of the mayor. Mayor's court. Punishment. SEC. 15. Be it further enacted, That the mayor and council of said town shall have the power to establish a town prison and guard house for the confinement of offenders against the laws and ordinances of said town, or such other persons as may be under arrest in said town, and shall have power to establish in said town a street gang in said town, or chain gang, wherein all offenders against the ordinances of said town, who have been legally sentenced thereto, shall be forced to work. Prison. Chaingang.

Page 627

SEC. 16. And said council is hereby given authority to have or elect a marshal who shall be the superintendent of said chaingang, and who shall act as whipping boss of said chaingang for the enforcement of the rules and regulations thereof, to be prescribed by the mayor and council of said town. Marshal to superintend chaingang. SEC. 17. Be it further enacted, That the mayor and council shall have authority to elect a mayor pro tem. from their number, who shall in the absence or disqualification of the mayor, preside and be empowered with all the authority and duties herein vested in the mayor of said town. Mayor pro tem. SEC. 18. Be it further enacted, That the mayor of said town shall be ex-officio justice of the peace, and shall have full authority to issue warrants for all offenses committed within the corporate limits of said town, and shall be empowered to compel the attendance of witnesses, to examine into their testimony, to admit any offender to bail, or to commit him to jail for the violation of the laws of the State and to admit to [Illegible Text] or commit to the guard house for the violation of the ordinances of said town, and to punish for contempt of mayor's court orders, or the orders of the mayor and council, by imprisonment, with or without hard labor for a term not exceeding thirty days. Mayor ex-officio justice of the peace. SEC. 19. Be it further enacted, That all vacancies occurring in the offices of said town shall be filled at any time by the mayor and council, excepting vacancies in the offices of mayor and aldermen, which shall be filled by an election ordered by the mayor and council for that purpose. Vacancies in office. SEC. 20. Be it enacted, That the officers of said town elected or appointed by the mayor and council shall receive such compensation for their services as shall be fixed by said mayor and council. Salaries. SEC. 21. Be it enacted, That the mayor and aldermen of said town shall be exempt from street tax and street duty. The aldermen shall receive no other compensation for their services, but the mayor shall be entitled to costs

Page 628

in all cases tried by him, the same as is allowed a justice of the peace and such other compensation as may be fixed by the council. Exemptions. Mayor's costs. SEC. 22. Be it further enacted, That said mayor and council shall have power to cause search to be made without warrant, through any building, enclosure, or other place where they or the marshal have reason to believe any law or ordinance is being violated, and said marshal have authority to seize any goods or device that will aid in the conviction of any violator of the laws of said town or the State of Georgia, and shall arrest and bring before the mayor any seized goods or device, with the offenders found with such goods. Searches without warrant, etc. SEC. 23. Be it further enacted, That the mayor and council shall have authority to enact any and all such ordinances within their discretion, for the good of said town, and not inconsistent with the Constitution and laws of the State of Georgia. Ordinances. SEC. 24. Be it further enacted, That the following officers be appointed by this Act to serve from the passage of said Act until the first day of June, 1917, and until their successors are elected and qualified: Mayor and councilmen designated. For mayor: T. P. McElreath. For councilmen: J. L. Limerick, J. W. Newton, C. C. Mobley, J. W. Rouse, C. C. Limerick and J. F. Herrington. SEC. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. HOSCHTON TOWN SCHOOL ELECTION. No. 72. An Act to amend an Act entitled An Act to amend an Act entitled an Act to incorporate the town of Hoschton, in the county of Jackson, and for other purposes.

Page 629

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Hoschton, in the county of Jackson, approved August 17th, 1908, is hereby amended by adding the following words to the end of Section 8 of said Act, to-wit.: And provided further, That if this Act shall be adopted by the voters of said town at any election as above provided for, it may be again submitted after an interval of one year on petition of one-third of the qualified voters of said town to another election in the same manner as herein provided for, and if a majority of the voters voting at such election shall cast their votes against schools, then this Act shall become inoperative. Act of 1908 amended. Election 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 11, 1915. JEFFERSONVILLE CITY CHARTER AMENDED. No. 103. An Act to amend the charter of the city of Jeffersonville, in the county of Twiggs, approved August 16th, 1909, and all Acts amendatory thereof, so as to enlarge the power of the mayor and council of the city of Jeffersonville, so that they shall be authorized and empowered to purchase, build, equip, construct, contract for, establish and maintain a system of water works, and electric plant or lighting system, and also to build and equip a public school building, or buildings; to authorize the mayor and council of said city to issue and sell bonds of said city of Jeffersonville sufficient for said purposes;

Page 630

to provide for an election submitting said bond issue to the qualified voters of said city of Jeffersonville; 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 city of Jeffersonville in laying water mains, and in the erection and construction of electric light wires, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and council of the city of Jeffersonville, in the county of Twiggs, and State of Georgia, in addition to the power and authority already granted under the present charter of the city of Jeffersonville and the Acts amendatory thereof, shall have full power and authority to erect, construct, equip and maintain in said city a system of water works for said city, and also a system of electric lights or lighting plant, and also to build and equip a public school building or buildings for said city, and to that end shall have full power and authority to acquire by purchase, gift or condemnation proceedings all necessary lands, easements, water supplies and franchises. Water works, electric lights and school building. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said city of Jeffersonville cannot procure by purchase the necessary lands, rights-of-ways or waterways for the construction of the system of water works, lights and school building or buildings, then the mayor and council of said city shall have the right to exercise the power of eminent domain, and to condemn such lands, easements, rights-of-way 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. Power to condemn lands, etc. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Jeffersonville shall have the right of laying the necessary water mains, pipes, conduits and drains for water works, and the right to erect

Page 631

poles, posts and wires for the purpose of conveying electricity and lighting said city, said rights to apply to the public highways of the county of Twiggs, as well as to the public streets, alleys and lanes of the city of Jeffersonville, and over and across and under lands of persons or corporations upon payment of just compensation that may be agreed upon and assessed, as provided in said Chapter 9, Volume 1, of the Code of 1910, of this State. Eminent domain. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Jeffersonville are hereby authorized and empowered to order, and have held an election by the qualified voters of said city at such times as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Jeffersonville 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 water works for said city of Jeffersonville and of building and equipping a public school building or buildings for said city of Jeffersonville, or any one or all of said public improvements; said election shall be held in accordance with the provisions of Sections 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 light, For bonds for water works, and Against bonds for water works, For bonds for schools, and Against bonds for schools. Said mayor and council shall have power and authority to order an election, either for lights, water works or school bonds, or for either three or all of said purposes. Said mayor and council shall be required to advertise said election in a newspaper in the county of Twiggs in which the 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 city of Jeffersonville 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

Page 632

bonds are to run, and the rate of interest to be paid thereon. Election for bonds, etc. 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 city of Jeffersonville shall be and they are hereby authorized to issue the amount of bonds, of the city of Jeffersonville, so voted on, in a sum equal to the amount fixed by the mayor and council for said purpose or purposes, which total sum shall not exceed the limit provided for in the Constitution of this State. Said bonds shall be designated lighting, water works, and school bonds of the city of Jeffersonville, as should result from the election so held and carried. Said bonds shall be issued in such denominations as may be fixed by the mayor and council of said city, and for a term not to exceed thirty years; the rate of interest on said bonds shall be fixed by the mayor and council in such way as may seem most advantageous for said city after being advertised by law. Bonds, how issued. SEC. 6. Be it further enacted by the authorities aforesaid, That the mayor and council of said city of Jeffersonville 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 city of Jeffersonville, 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 city, 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

Page 633

the issue of bonds, that the mayor and council of said city of Jeffersonville may, at any time after the expiration of twelve month from the date of the first election hereunder, order another election under the provisions of this Act for either or all of said purposes. Additional election. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Jeffersonville be and they are hereby authorized and empowered to do and perform all acts and things necessary and incident to the building and operation of said electric light system, and of said water works, and of said school building or buildings; 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. Powers conferred. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Jeffersonville 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 all of its parts, whether located within or without the corporate limits of the city of Jeffersonville. 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, whether the same be situated within or without the corporate limits of said city of Jeffersonville, and said rights and power is hereby conferred. Rules and regulations. Police power. 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, 1915.

Page 634

JERSEY TOWN PUBLIC SCHOOL SYSTEM. No. 119. An Act to amend the charter of the town of Jersey, in Walton County, Georgia, Acts of the General Assembly of Georgia of 1905, pages 915 to 922 inclusive, approved August 24th, 1905, so as to authorize the town of Jersey to hold elections in said town for public schools to be operated and maintained by levies of annual ad valorem taxes on all the property in said town; to provide for the election of a board of education for such school; prescribe the duties thereof and salaries, and for other purposes. SECTION 1. Be, and it is hereby enacted by the General Assembly of the State of Georgia, That the charter of the town of Jersey as enacted by the General Assembly of Georgia, Acts of 1905, pages 915 to 922, inclusive, approved August 24th, 1905, giving to said town of Jersey, corporate existence and power, be and it is hereby amended, and the provisions hereinafter set out in this amendment shall become part of the charter of the town of Jersey. Act of 1905 amended. SEC. 2. That from and after the passage of this amending Act, there shall be established in the town of Jersey, in the county of Walton, State of Georgia, in the manner hereinafter set out, a public school system to be conducted, supported and maintained as provided by the Act, and under the rules and regulations of the board of education of said town of Jersey, so long as said rules are not in conflict with this amendment, or the laws of said State. Establishment of school system. SEC. 3. That the public schools herein provided for shall consist of two separate and distinct divisions, under the same general management; one to be known as the white division and the other to be known as the colored division of said school; that is, the first division shall be for the white children, and the second division for the colored children. White and colored divisions.

Page 635

SEC. 4. That the board of education of said town of Jersey shall consist of the mayor of said town and three other citizens thereof, who are qualified to fill such offices, and who have resided in said town not less than six months, are 21 years old and of good moral character. The mayor of said town to become an ex-officio member of said board of education, and the other three members shall be elected by the mayor and council, at their first meeting after the adoption of public schools in said town by a vote of the people as herein provided, and they shall hold their offices for one year each, and annually after said first election, said mayor and council shall elect a school board as aforesaid, except that they may elect a member to fill a vacancy or vacancies, for the unexpired term, at any meeting of the mayor and council. Board of education. Election and term of office. SEC. 5. That the mayor shall be ex-officio chairman of said board of education, and the other officers shall be a vice-chairman, secretary and treasurer. The last named officer may be both secretary and treasurer. The treasurer shall be required to give bond in the sum of two thousand dollars before entering on the discharge of his duties as treasurer, to be approved by the mayor, payable to the town of Jersey, for the faithful discharge of his duties, and a proper accounting for all funds going into his hands as such treasurer. The compensation of the members of the board of education shall be fixed annually by the mayor and council. Mayor chairman ex officio. Treasurer and his bond. Compensation of board. SEC. 6. That said board of education shall elect a superintendent, and all the teachers for said public school system and make contracts with them to teach, fixing the salaries thereof, and entering such proceedings on their minutes. They may employ such other help as is necessary in conducting the schools in said town, and all superintendents', teachers', and helpers' salaries, and other expenses, shall be paid out of the school funds of said town. Said board of education shall fix the school terms, and prescribe the curriculum and text books. They shall have the right to suspend or remove the superintendents and teachers at

Page 636

their discretion, and their action shall be final and conclusive. They shall have the right to exclude from the school rooms in said town any child that has been infected, or has been exposed to any infectious, epidemic or contagious disease, or to suspend or expel any child or pupil for a refusal or failure to comply with any rules and regulations of said schools. Said board shall have authority to pass all by-laws and adopt all rules and regulations, not in conflict with the superior laws, that may be deemed necessary for the government of said schools; and when such by-laws and regulations have been passed by them and spread on their minutes, they shall be of full force and effect, becoming the laws of said town on such subjects. Any violation of any one of such by-laws, rules and regulations may be good cause for the removal of the superintendent or teacher, and expulsion of a pupil. Said board shall, in fact, be clothed with all power necessary to the management, control and operation of said schools, not in conflict with the provisions of this charter, or the laws of the State. Superintendent and teachers, etc. Salaries and expenses. Duties and powers of board. Laws, rules, etc. SEC. 7. That said board shall keep proper books showing the amounts received and expended by them, as well as all their acts; and shall render an itemized statement of receipts and expenditures annually to the mayor and council of said town at their next regular meeting after the close of the spring term of said public schools, and at such other times as the mayor and council may require. Books and itemized statements. SEC. 8. That before the 1st day of September of each year, if practicable, said board of education shall submit to the mayor and council an estimate of the funds necessary to the operation of said schools for the next scholastic year, taking into consideration the amount they will receive from the State and county funds; whereupon, it shall be the duty of said mayor and council to proceed to raise such funds by the assessments and levy of an annual ad valorem tax on all the taxable property inside the corporate limits of said town of Jersey, not to exceed one-half of one per cent. on the assessed value thereof, and from funds that may come into the treasury of said town not otherwise appropriated.

Page 637

The treasurer of said town shall pay over to the treasurer of said board of education all funds so raised and appropriated as fast as it is collected, and the treasurer of said board shall pay it out only on proper order of said board. Estimate of funds. School tax. Payment to treasurer. SEC. 9. That said board of education shall expend said funds for purposes intended and enter into contracts on the faith thereof; to purchase school material, supplies, and all things necessary; to contract with superintendent, teachers and helpers; pay bills therefor. All contracts made by them in writing shall be signed in the corporate name of Town of Jersey, per _____, Chairman of Board of Education; and when so signed shall bind said town so long as such contracts are made within the scope of the authority of said board; provided, however, said board shall not contract beyond the amount of funds coming into their hands each year, without the approval of the mayor and council of said city. Contracts. SEC. 10. That the State and county authorities shall pay over to said board of education through the county superintendent, the pro rata part of the State and county funds to which the schools of said town are entitled to be administered and paid out under the rules and regulations of said board; provided, if said board desires the said funds direct from the State School Superintendent, or Commissioner, they shall adopt a resolution so electing to receive said funds direct, place said resolution on their minutes, send a copy of the resolution to said State School Superintendent, and on receipt of said copy resolution, he shall thereafter be required to pay over such funds direct to said board of education each year, without said funds passing through the hands of the county school superintendent. [Illegible Text] of State school fund SEC. 11. That it shall be lawful for the county school superintendent of Walton County to contract with said board to teach pupils of school age who may enter said schools and who reside outside of said town but in said county, and to pay the same out of their portion of the county school fund of the State, awarded to said county of Walton, as teachers in the county schools are paid, to be credited on

Page 638

the tuition of each pupil according to the rule of prorating same. All children of non-residents of such town to be admitted under such rules as the board may prescribe; and such board may contract with and teach pupils who are over the school age. Contract with county school superintendent. SEC. 12. That said board may charge such incidental, or entrance fees for each pupil not exceeding two dollars per pupil for a term of seven or nine months, as the same may be; provided, however, they are authorized to make exceptions in the case of children whose parents from poverty are unable to pay the same. This provision to be enforced to the extent that it is not in conflict with the laws of the State. Fees. SEC. 13. That said board of education shall admit in said public schools all children between the ages of six and eighteen years of age, whose parents have become permanent residents of said town, under the same rules and regulations as may be prescribed by them, not in conflict with the provisions of the charter of said town, or not in conflict with the laws of said State. Children, who admitted. SEC. 14. That before the provisions of this Act shall go into effect and become operative, it shall be submitted to the legal voters of the town of Jersey for adoption at an election to be held in and for said town, as all other elections are held. Said election shall be called by a resolution adopted by the mayor and council, as soon as convenient to do so; notice of which shall be published by posting in three places in said town at least 30 days before the date of said election, showing the day on which such election is to be held, and the purpose of such election. The persons voting in said election shall be regular qualified voters (registered as required by the laws of said town, provided there is such requirement) who are entitled to vote for mayor and councilmen. All persons voting in said election who favor the adoption of this public school Act, shall have written or printed on their ballot, the words For public schools, and those opposed shall have written or printed on their ballots the words Against public schools; and in case two-thirds

Page 639

of the qualified voters, under the rule, vote for public schools, the said system of public schools shall be established and maintained as aforesaid. The returns of such election shall be made as the returns in elections for mayor and councilmen, and when the result is declared it shall be entered on the minutes thereof. In the event two-thirds of the votes of said town are not cast For public schools, then an election may be held by resolution of said mayor and council, from time to time until the provisions of this Act are adopted by a two-thirds vote; provided, no election shall be called till 12 months has expired from the time of an election held for the adoption of the Act, which has failed to carry, For public schools. This Act not effective unless ratified by people. SEC. 15. That after the adoption of this Act by a vote of the people, and after the board of education has been elected as provided for in Section Four of the Act, said board will meet as soon as practicable, elect their officers, and proceed to carry out the provisions of the Act. The mayor shall be the presiding officer of said board meetings, and in his absence, or disqualification, the vice-chairman shall preside. The presiding officer shall not vote on any question, except when there is a tie vote. Three members of said board shall constitute a quorum for the transaction of any and all business. Board meetings. Presiding officer. Vote. Quorum. SEC. 16. That all laws in conflict with this amendment found in the charter of the town of Jersey be and the same are repealed. Approved August 13, 1915. JESUP TOWN CHARTER REPEALED. No. 232. An Act to repeal an Act, approved Oct. 24th, 1870, charactering the town of Jesup, and the several Acts amendatory

Page 640

thereof, and constituting the present charter of the town of Jesup, in Wayne County, Georgia. 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 the Act approved October 24th, 1870, and the Acts amendatory thereof, approved December 26th, 1888, and all other Acts constituting the present charter of the town of Jesup be and the same are hereby repealed. Acts of 1870 and 1888 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to incorporate the city of Jesup, etc., shall have been approved by the Governor of the State of Georgia. When effective. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. JESUP, CITY OF, INCORPORATED. No. 178. An Act to incorporate the city of Jesup; to provide that all valid contracts heretofore entered into by the town of Jesup shall be good and valid for or against the city of Jesup or the mayor and aldermen of the town of Jesup; to provide that all property now held and owned by the town of Jesup or the mayor and aldermen of the town of Jesup shall be and become the right and property of the city of Jesup, and that all rights and liabilities of the town of Jesup or the mayor and aldermen of the town of Jesup shall accrue to and against the city of Jesup; to provide that all ordinances of the town of Jesup or of the mayor and aldermen of the

Page 641

town of Jesup not in conflict with this charter, shall be valid and enforcible as ordinances of the city of Jesup; to define the limits of the city of Jesup; to provide for a mayor and council and other officers of said city and prescribe their powers and duties and the manner of their election; to provide for streets, sidewalks and working or paving of same; to provide for a system of sanitary sewerage; to provide for a system of waterworks and a system of lighting; to provide for a board of health; to declare and define the police power of said city and to provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the city of Jesup, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory now embraced in and known and heretofore incorporated in the town of Jesup in said county of Wayne, by an Act of the General Assembly of Georgia approved October the 24th, 1870, and which Act was amended December 26th, 1888, and any amendatory or subsequent Acts and embraced at present in the territory of within the square described within a line drawn parallel with and one (1) mile southward of a line drawn through the center of Cherry Street in said town and parallel with the same and at right angles with Broad Street and a line runnig parallel with and one (1) mile northward of said center line of said Cherry Street and parallel with said first de scribed line and a line drawn parallel with and one (1) mile eastward of the center line of Broad Street and at right angles with Cherry Street and said first two described lines and a line drawn parallel with and one mile westward of the center line of Broad Street and the line last above described which is hereby declared to be what is meant in

Page 642

the above recited Act by the term One (1) mile in all directions from the main line of the Atlantic Coast Line Railroad on Cherry Street crossing in said city, the area of said town forming a square with sides two miles long and embracing four square miles within its corporate limits and which said territory is hereby embraced and in corporated under the name of the city of Jesup and the city of Jesup is hereby chartered and made a city of said corporate name and by that name is established and by that name shall have perpetual succession and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State or city thereof and all rights, powers, titles, property, easements and hereditaments now belonging and in anywise appertaining to the said town of Jesup or the mayor and aldermen of the town of Jesup as heretofore incorporated shall be and are hereby vested in the city of Jesup as created by this Act and the said city of Jesup in Wayne County, Georgia, created, established and declared by this Act may sue and be sued, contract and be contracted with; may plead and be impleaded; have and use a common seal; make and enact through its mayor and council, public ordinances, rules, regulations and resolutions; for the transactions of its business and for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and United States and the said city of Jesup shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity or for any term of years any estate or estates, real or personal, lands, tenements, hereditaments of any kind whatever within or without the corporate limits of said city for corporate purposes and to sell, alien, exchange or lease the same or any part thereof; that said city of Jesup created by this Act is hereby made responsible as a body corporate for the legal debts, liabilities and undertakings of said town of Jesup or the mayor and aldermen of the town of Jesup heretofore incorporated; and all ordinances now in force in the town of Jesup and enacted by the municipal authority for the town of Jesup or by the mayor and aldermen of the

Page 643

town of Jesup and not repugnant with this charter or the laws of Georgia shall be and are hereby continued in force in said city of Jesup incorporated by this Act and the present mayor and aldermen of the town of Jesup shall continue in office as the mayor and councilmen of the city of Jesup incorporated under this Act until their present term expires or their successors are elected and qualified and all other officers of the town of Jesup shall continue in office of the city of Jesup until their present term expires or their successors are elected and qualified. Territorial limits. Corporate name. Municipal powers. Liabilities. Ordinances continued of force. Present officers hold SEC. 2. Be it further enacted, That the corporate limits of said city shall extend and embrace a square with sides two miles long and embracing four square miles, commencing at the main line of the main line of the Atlantic Coast Line Railroad on Cherry Street and running one mile in all directions from Cherry Street crossing. Territory four square miles. SEC. 3. Be it further enacted, That there shall be elected on the first Saturday in December, 1915, a mayor and three councilmen, all of whom shall hold office for a term of one year after they are duly elected and qualified and that on the first Saturday in December, 1916, there shall be elected a mayor and six councilmen to serve two years after they are duly elected and qualified and that biennially thereafter on the first Saturday in December, there shall be elected a mayor and six councilmen to serve two years or until their successors are elected and qualified; said election shall be opened at eight o'clock A. M. and closed at six o'clock P. M., to be held under the superintendence of a justice of the peace or notary public and ex-officio justice of the peace and two freeholders of said city under the form and regulation prescribed by law for holding elections for members of the General Assembly in so far as they are applicable to said election and do not conflict with the specific rules herein contained and all elections held in said city at any time and for any purpose whatever shall be held in the same manner. All elections for mayor and councilmen and all other elections shall be held at what is now known as the council room, but will hereafter be

Page 644

known as the city hall, in the city of Jesup and county of Wayne. Election of mayor and councilmen Terms of office SEC. 4. Be it further enacted, That the superintendents of election shall duly declare the results of said election and shall issue certificates of election to such persons that receive the highest number of legal votes polled; who shall at such time and place as may be prescribed by the ordinance of said city qualify by taking an oath to well and truly perform the duties of their respective offices as such mayor and council during their term of office, which oath with certificate of election given by the said superintendents shall be entered of record on the minutes of said council. Certificates of election. Oath of office. SEC. 5. Be it further enacted, That every male citizen of the city of Jesup incorporated under this Act, twenty-one years of age who shall have resided in this State a year preceding the election and six months within the corporate limits of the city of Jesup, next preceding the election, and shall have paid all taxes which may have been required of him and which he may have had opportunity to pay agreeable to law except for the year of the election and the payment of all fines, licenses and registration fees required of him by said city and not convicted of any crime involving moral turpitude and who has not been pardoned shall be qualified to vote at any election held in the city of Jesup for any purpose whatever. Voters, who qualified. SEC. 6. Be it further enacted, That in case of vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said council to take place at such time as may be specified in such order after notice of the same by posting at the court house door in said county of Wayne and at the city hall in the city of Jesup for the space of ten days. Vacancy in office. SEC. 7. Be it further enacted, That said mayor and councilmen at their first meeting in each year shall elect one of said councilmen mayor pro tem., who shall in case of vacancy, absence or disqualification of the mayor, perform and discharge all the duties and exercise all authority

Page 645

of the office of mayor upon taking the usual oath, and not otherwise. Mayor pro tem. SEC. 8. Be it further enacted, That said mayor and council shall have authority to elect a sanitary inspector, building inspector, chief of fire department and such other officers; take their bonds; prescribe their duties and oaths and remove them from office or impose fines at the discretion of said mayor and council. Officers elected by council. SEC. 9. Be it further enacted, That the clerk of council, treasurer, city marshal and city attorney shall be elected by the popular vote of the qualified voters of the city of Jesup, and said mayor and council shall have the right to appoint a policeman at any time, under the same rules and regulations as the mayor and aldermen of the city of Jesup are elected and on the same day, except that the present clerk of council and treasurer and marshal now in office shall hold over until their present term expires, and when the first election is held for mayor and three councilmen on the first Saturday in December, 1915, there shall be elected a clerk of council, a treasurer, a marshal and a city attorney who shall hold their office until their successors are elected on the first Saturday in December, 1916, and biennially thereafter there shall be elected a clerk of council, treasurer and marshal who shall hold their office for two years or until their successors are elected. Officers elected by popular vote. [Illegible Text] SEC. 10. Be it further enacted, That the mayor shall be the chief executive of said city; he shall see that all the laws and ordinances of the city are faithfully executed and he shall have power to convene the general council in extra session whenever in his judgment it becomes necessary. Mayor. SEC. 11. 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 such places and under such rules and regulations as may be prescribed by ordinances, a mayor's court for said city for the trial of offenders against the ordinances, rules, regulations and by-laws of said city and impose such penalties for violations

Page 646

thereof not exceeding a fine of two hundred dollars or labor on the streets of said city or chaingang or public works of said city or confinement in the calaboose or guard house not to exceed ninety days, said fine to be collected by execution issued by the clerk of council against the estate, both real and personal of the offender. Mayor's court. Punishment. SEC. 12. Be it further enacted, That the marshal or other police officers of said city, may arrest without a warrant, any person guilty of violating any ordinance, rule or regulation of said city and the said marshal or other police officer may summons any citizen or citizens of said city to assist in such arrest. Arrest without warrant. SEC. 13. Be it further enacted, That the mayor or mayor pro tem., when any person or persons are arraigned before the police court charged with a violation of any of the ordinances, regulations or rules of said city, may for good cause shown by either side continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial or be imprisoned to await trial; if such bond be given and the accused shall fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor or mayor pro tem. and an execution issued thereon by serving the defendant, if any be found, and his securities with a rule nisi at least five days before the time of hearing of such rule nisi. Continuance of hearing. Bond forfeiture. SEC. 14. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi, etc., for the forfeiture of bonds; all executions issued in behalf of said city for the collection of taxes, forfeitures and for other purposes, shall be directed to the marshal or chief of police of said city and all and singular, the sheriffs and deputy sheriffs of said State signed by the clerk of council bearing test in the name of the mayor of said city, and such sheriffs and their deputies are empowered and required to execute all such writs, processes, subp[oelig]nas, rules nisi, executions, etc., issuing as aforesaid when the property or parties to be proceeded

Page 647

against are without the corporate limits of said city of Jesup, and the marshal or chief of police of said city of Jesup shall serve all writs, processes, subp[oelig]nas, rules nisi, executions, etc., when the person or property to be proceeded against are within the corporate limits of said city. Processes, how directed. Execution and service. SEC. 15. Be it further enacted, That sales of personal property by the marshal or chief of police of said city shall be made before the city hall door in said city after ten days' notice of time, place and property to be sold, posted at three or more public places in said city. Marshal's sales. SEC. 16. Be it further enacted, That sales of personal property by the sheriff or his deputy shall be made before the court house door in the county where the property is, after giving ten days' notice of the time, place and property to be sold, by posting of such notice in three or more public places in the county. Sheriff's sales. SEC. 17. Be it further enacted, That the mayor and the mayor pro tem. shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal or other police officer, and to commit to the jail of the county of Wayne or to admit to bail offenders for their appearance at the next term of the court sitting in Wayne County that has jurisdiction of such offense, and it shall be the duty of the jailor of the county of Wayne to receive all such persons so committed and safely keep them until discharged by the due course of law. Warrants for offenses SEC. 18. Be it further enacted, That the legislative department of the city of Jesup shall be vested in the mayor and councilmen of said city. Legislation. SEC. 19. Be it further enacted, That said mayor and councilmen may, in their discretion, divide or lay off the said city of Jesup into four wards, said wards to be as nearly equal as is practicable considering population and territory, and should the said city be laid off into four

Page 648

wards at the next general election for mayor and council after said division into wards there shall be elected one councilman from each of said wards when so laid off and two shall be elected from the city at large, but all of the qualified voters of said city shall have the right to vote for each and all of said councilmen. Ward of the city. SEC. 20. Be it further enacted, That the mayor and council shall meet once in every month for the transaction of business and not oftener unless in the discretion of the mayor or the mayor pro tem. it becomes necessary to have an extra meeting and in that event the mayor or mayor pro tem. may call the council together at once. The mayor and council may adjourn their meetings to some definite time in the interim or regular monthly meetings. Meetings of council. SEC. 21. The mayor, or in his absence or disqualification, the mayor pro tem., shall preside at the meetings of the council, but the presiding officer shall vote only in case of a tie. Said mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of business. Presiding officer. Quorum. SEC. 22. Be it further enacted, That before any ordinances shall become a law it shall be read at three separate meetings of the mayor and council before its passage; provided, that an ordinance may be passed at the first reading by unanimous consent of the mayor and council. Ordinances, passage of. SEC. 23. Be it further enacted, That the mayor and council shall have full power and authority to pass by-laws and ordinances respecting public buildings and grounds and of the public houses and carriages, wagons, carts, bicycles, wells, automobiles, springs, fire engines or other engines, care of the poor, prevention of disorderly houses, houses of ill fame; for the prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of citizen or citizens thereof and every other by-law, resolution and ordinance that may seem necessary and

Page 649

proper for the security of the peace, health, order and good government of said city. Ordinances for peace, order, etc. SEC. 24. Be it further enacted, That said mayor and council shall have power and authority to prescribe by ordinances adequate penalties for all offenses against the ordinances of said city and to punish offenders by fines not exceeding one hundred dollars, or labor on the streets, or chaingang in said city or public works of said city or confinement in the calaboose or in the guard house not to exceed ninety days, said fines to be collected by execution issued by the clerk of council against the estate of the offenders, both real and personal, if any be found. Penalties for offenses. SEC. 25. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the said government, the mayor and council shall have full authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one dollar and seventy-five cents on the one hundred dollars, exclusive of taxation for public schools. Tax ad valorem SEC. 26. Be it further enacted, That the said mayor and council shall have full power and authority to require any person, firm or corporation engaged in prosecuting or carrying on or who may be engaged in prosecuting or carrying on any trade, business, calling, vocation or profession within the corporate limits of said city to register their names and business, calling, location and profession annually and to require such persons, firms, companies or corporations to pay for such registration and such license to engage in, or carry on such business, calling, vocation, or profession. Tax on occupations. SEC. 27. Be it further enacted, That they shall have the power to tax, license and regulate the sale of spirituous liquors or other intoxicating drinks, within the limits of said city; provided, the tax for the sale of spirituous liquors and other intoxicating drinks shall not be more than five

Page 650

thousand dollars annually, nor less than one thousand dollars, to be paid before issuing said license; for the purpose of enforcing the payment of taxes above enumerated, the mayor and council may enact such ordinances and impose such penalties for the violation of the same as they may deem proper and not inconsistent with the Constitution and of the laws of this State. Tax on sale of liquors. SEC. 28. Be it further enacted, That the said mayor and council shall have full power to levy and collect from itinerant traders who may directly or indirectly by themselves or others sell any goods, wares or merchandise in said city, such tax as to them may seem proper. Tax on itinerant traders. SEC. 29. Be it further enacted, That said mayor and council shall have full power and authority to, pass such ordinance as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions. Licenses of shows, etc. SEC. 30. They shall have full power and authority to assess a tax on such persons carrying on the brokerage business in said city in addition to all other taxes they may be required to pay; they shall have full power to license pawnbrokers within their respective jurisdiction; to define by ordinances their powers and privileges; to impose taxes upon them; to revoke their license and generally to exercise such superintendence over the pawn brokers as will insure fair dealing between them and their customers. Tax on brokers. Licenses of pawn, brokers. SEC. 31. Be it further enacted, That it shall not be lawful for any member of the mayor and council to be interested either directly or indirectly in any contract with the city of Jesup, the mayor and council or any one or more of them 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 the mayor or any member of the council shall on conviction thereof be punished as for a misdemeanor under the Code of Georgia. Interest in contracts forbidden. SEC. 32. Be it further enacted, That the mayor and council shall at their regular meeting in March of each year

Page 651

elect three freeholders, residents in said city, to be tax appraisers; said appraisers shall hold their office for one year unless sooner removed by the mayor and council; all vacancies occurring in said office by death, resignation, removal or otherwise shall be filled by the mayor and council; said appraisers shall before entering upon the discharge of their duties take and subscribe an oath to faithfully per form the duties of their office and they shall be paid for their services such compensation as the mayor and council may fix, not to exceed seventy-five dollars each, and shall assess all property real and personal that is to be found unreturned in said city. Tax appraisers. SEC. 33. Be it further enacted, That it shall be the duty of every citizen and they are hereby required to make annual returns under oath to the clerk of council, which return shall be examined by said board of assessors within the time prescribed by said board of tax appraisers, a full and complete schedule of all their taxable property held in their own right or in behalf of other persons, polls, trades, business occupations and professions in said city, and in case any person shall refuse or fail to make such return or shall make a return deemed by the board of tax appraisers incorrect said board of tax appraisers shall assess the property of such person and fix such value there on as they may deem correct and just; a majority of said board of tax appraisers shall constitute a quorum; the clerk of council shall be clerk of the board of tax appraisers and shall perform such duties as they may require of him. Tax returns. SEC. 34. Be it further enacted, That it shall be the duty of said tax appraisers to scrutinize carefully each and every return, real or personal made by any tax payer in said city and if they find in their judgment that the property embraced in the return to be below the market value of the property or the return is incomplete or incorrect, said appraisers shall assess the market value thereof and complete or correct said return within thirty days or such other time as prescribed by the mayor and council after the time for returning the taxes shall have expired; whenever

Page 652

the appraisers have raised the valuation at which the tax payer has returned his property said appraisers shall give him written notice of their assessment and it shall be the tax payer's privilege if dissatisfied with the assessment, within ten days to appear before the said board of tax appraisers under such rules and regulations as said tax appraisers may prescribe and show cause if any he can, why said assessment should not stand; in all cases the decision of said appraisers shall be final. Duty of appraisers. Assessments for taxation SEC. 35. Be it further enacted, That there shall be a lien on all the property of said citizen or inhabitant of said city both real and personal situated therein, for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof from the time they are assessed or imposed which shall have a priority over all liens due the State and county and may be enforced in the same manner as now prescribed by law for the enforcement of liens due the State and county. Tax lien. SEC. 36. Be it further enacted, That the mayor and council of the city of Jesup shall have full power and authority to open and lay out new streets and alleys, to widen, straighten or otherwise change any of the streets and alleys of said city. Whenever in the exercise of said power it shall be necessary to take private property the said mayor and council shall make proper compensation to the owners thereof. Streets. SEC. 37. Provided, that if the said mayor and council and the owner or owners or his or their agents cannot agree as to the amount of compensation or damage to be paid then the said mayor and council shall cause to be served on the owner or owners or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned; the purpose for which it is used; the time and place when the proceedings to condemn such property will be held, which shall not be less than five nor more than ten days from the date of the service of said notice. Condemnation of property.

Page 653

SEC. 38. It shall then be the duty of said mayor and council to appoint one freeholder and the owner or owners of the property sought to be condemned or his or their agents, shall appoint another freeholder; provided, if said owner or owners or his or their agents shall fail or refuse to appoint such freeholders, then the mayor and council shall appoint a second freeholder and the freeholder appointed in either way above mentioned shall elect a third freeholder and the three freeholders shall after taking an oath faithfully to discharge their duties, hear all legal evidence offered by the parties and assess the amount of compensation to be paid to the owner or owners of the land and render their award which must be signed by at least a majority of the said assessors and filed with the clerk of council. Assessment of damages. SEC. 39. Provided, that either party dissatisfied with the award of the assessors may within four days after the same is filed enter an appeal to the Superior Court of Wayne County; the mayor and council upon payment or tender to the owner or owners or his or their agent of the sum found by the assessors shall have the right to proceed to open and lay out such street or alley, or to widen, straighten, or otherwise change the street or alley pending any appeal by the owner or owners of the property. Appeal. SEC. 40. Be it further enacted, That the mayor and council shall have full power and authority to license billiard tables and ten pin alleys and on all billiard tables kept for the purpose of playing, gaming or renting, and on all ten pin alleys or alleys of any kind which are kept or used for playing on with balls and pins or either or for the purpose of renting the same and shall charge for said license, such sum of money as they may deem proper. Billiard tables and ten pin alleys. SEC. 41. Be it further enacted, That for the purpose of enabling members of council to know at all times the true financial conditions of the city, the clerk shall prepare and read and enter upon the minutes of the opening of each regular session, a balance sheet, showing the gross revenue

Page 654

of the fiscal year and expenses voted by the mayor and council up to that time. Balance sheet of revenue and expenses. SEC. 42. Be it further enacted, That the treasurer of said city at the close of each fiscal year shall make a full tabular statement of all the assets and revenues of the city for the past year, together with a statement of the amount of money disbursed in each branch of the city government. Statement at close of year. SEC. 43. Be it further enacted, That the mayor and council shall have authority to employ an expert accountant or accountants to inspect the books [Illegible Text] any officer or employee of the city at any time that they see fit to do so and to pay for the service of such accountant or accountants so employed, such amount or amounts as to them seem proper. Audit of books. SEC. 44. Be it further enacted, That the mayor and council shall have authority to require all such officers and employees of the city as may seem necessary to said mayor and council to give bond and security to be fixed and adjudged of by said mayor and council for the faithful performance of their duties. Bonds of officers. SEC. 45. Be it further enacted, That the mayor and council shall have authority to pass ordinances and regulations preventing idleness and vagrancy within the corporate limits of the city and to prescribe penalties for the violation thereof. Vagrancy. SEC. 46. Be it further enacted, That the mayor and council shall have power and authority to regulate and prevent running at large within said city of Jesup, animals of all kinds and descriptions and also to impound said animal or animals when found upon the streets of said city and to charge such fee for same as they may prescribe and in addition thereto, to charge for the keep of said animal or animals so impounded; also when the owner or owners of any animal or animals shall refuse or fail to pay the impounding fee and cost of keeping said impounded

Page 655

animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under rules and regulations prescribed by the mayor and council. Animals at large. Impounding fee, etc. SEC. 47. Be it further enacted, That the said mayor and council may compel all persons residing in said city who may be subject to road duty, to work on the streets and walks of said city for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such persons not to exceed five dollars and the mayor of said city shall have the same power to punish defaulters as the road commissioners of this State now have; provided, that no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform said duty after being returned as such defaulters without the consent of the mayor and council. Street work or commutation tax. SEC. 48. Be it further enacted, That no person shall be eligible to hold any office under this Act who is not eligible as a voter at the election and any officer in this incorporation who shall be guilty of malpractice or abuse of power confided in him shall be subject to indictment in the superior court and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars (said fine to be paid into the treasury of said city and for its use), or be imprisoned not to exceed twelve months in the discretion of the court and upon conviction removed from office. Eligibility to office. SEC. 49. Be it further enacted, That all sales of real property shall be made under the same rules and regulations as now control the sheriff's sales of property in this State, whether made by the marshal of the city or sheriff of the county, and the deeds from either of the aforesaid officers made in accordance with such shall pass all the title to the purchaser that existed in the defendant. Claims or illegalities may be interposed to such sales under the same rules and regulations as now exist or may hereafter exist for the interposition of claims in the superior court of this State and all such claims and illegalities are to be returned

Page 656

to the first superior court that sits within ten days after the filing of such claims or illegalities. Sales and titles to [Illegible Text] [Illegible Text] and illegalities SEC. 50. Be it further enacted, That the mayor and council shall receive such compensation and pay as the preceding mayor and council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of mayor and council. SEC. 51. Be it further enacted, That said mayor and council shall have authority to protect places of divine worship; to provide a cemetery or cemeteries for the burial of the dead, either within or without the city; to regulate interments therein, and to expend annually an amount sufficient for the proper keeping of said cemetery or cemeteries, but white and colored people shall not be buried in the same cemetery. Places of worship. Cemeteries. SEC. 52. Be it further enacted, That the mayor and council shall have authority in their discretion to have an election for city attorney and fix his pay for his services such sum as to them seems reasonable and proper and such election shall be held on the same day and at the same time of the election of mayor. City attorney. SEC. 53. Be it further enacted, That said mayor and council shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said city and to acquire any property or rights either within or without said city necessary and appropriate for carrying this Act into effect, and in all cases where it becomes necessary to take or use private property or injure private rights and said mayor and council and the owner or owners cannot agree as to the amount of compensation or damages to be paid, the same shall be assessed as provided for in Section Thirty-seven and Thirty-eight of this charter. Sewerage. Condemnation of property. SEC. 54. Be it further enacted, That the said mayor and council shall have full power and absolute control over all such pipes, sewerage, private drains and water closets and

Page 657

privy vaults in said city with full power to prescribe their location, structure, use and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. The said mayor and council shall have full power and authority to prescribe the kind of water closets and urinals to be used within the corporate limits of said city and shall have full power and authority to condemn and destroy any water closets or urinals now in use or that may hereafter be erected and put in use which do not conform to and are not the kind prescribed for use by said mayor and council. They shall also have power and authority to compel all property owners to connect water-closets and urinals on the premises of such property owners with the sanitary sewers of said city, when such property is located on or near the streets where there are sanitary sewers, and under such rules and regulations as may be prescribed by the said mayor and council, and such property owners who fail to connect any water closet or urinal on the premises of such owner with the sanitary sewers within the time prescribed by the mayor and council, the said mayor and council may make such connections and provide all necessary fixtures and assess the cost of said connection and fixtures against the real estate of said property owner. They shall have the power and authority to force the collection of said cost of such connection and fixtures, by execution issued by the clerk as provided in Section Fourteen of this Act against said real estate and which execution may be enforced in the manner provided in Section Forty-nine of this Act. The lien of said execution shall be superior to all other liens except liens for taxes for paving streets or sidewalks of said city. Sanitary regulations. Assessment of cost. Execution. SEC. 55. Be it further enacted, That said mayor and council shall have power and authority to establish and operate a system of water works and electric lights for said city, and they shall have power and authority to acquire any property rights within or without the city limits necessary to operate electric lights and necessary for affording

Page 658

a complete and sufficient supply of pure water, and for bringing the water and distributing it in said city. And whenever it becomes necessary to take private property or private rights, and the said mayor and council and the owner or owners thereof cannot agree as to the amount of compensation or damages to be paid, then the said compensation or damages shall be assessed as provided in Sections 37, 38 and 39 of this charter. Water and light. Condemnation of property. SEC. 56. Be it further enacted, That the said mayor and council shall have power to make rules and regulations respecting the introduction of water in and upon the premises and from time to time to regulate the use thereof in such manner as shall seem to them proper, and the superintendents or inspectors in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water is taken and used and where unnecessary waste thereof is found, to inspect, examine and inquire as to the cause thereof. They shall have power also to examine all service pipes, stop cocks and other apparatus connected with said water system, for the purpose of ascertaining whether same are of the character and dimensions and fixed in the manner directed in the permits issued therefor and if any person or persons refuse to permit such examination or oppose or obstruct such officer in the performance of his duty, he, she or they so offending shall be liable to such damages as said mayor and council may prescribe, not inconsistent with this charter. Water regulations. SEC. 57. Be it further enacted, That the mayor and council shall have power to regulate the distribution and use of water in all places and for all purposes where the same may be required and from time to time shall fix the price for the use thereof and the time of payment and may erect such number of public hydrants and in such public places as they see fit and directing in what manner and for what purpose they shall be used and all of which they may change at their discretion. They shall have power and authority to require the payment in advance for the use

Page 659

and rent of water furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water from such place, building or premises, and shall not be compelled again to supply such place, building or premise with water until said arrears, with interest thereon, shall be promptly paid. Water rates, payment, etc. SEC. 58. Be it further enacted, That if any person or persons shall maliciously or wrongfully divert the water or any portion thereof from said water works or shall corrupt or render the same impure or shall destroy or injure any canal, aqueduct, public conduit, machinery, or other property used or required for procuring or distributing said water, such person or persons, their aiders and abettors, shall forfeit to the said mayor and council, to be recovered in an action for damages, treble the amount of damages (besides the cost of suit) which shall appear on trial to have been sustained and all such acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished as for a misdemeanor under the Code of Georgia. Penalties. SEC. 59. Be it further enacted, That said mayor and council of said city shall have full power and authority to grade, pave, macadamize, and otherwise improve, trestle and bridge the sidewalks, street, public lanes and alleys of said city. Street improvements. SEC. 60. That said mayor and council shall have power and authority to assess two-thirds of the cost of paving and otherwise improving the sidewalks, including the necessary curbing, on the real estate abutting on the street and on the side of the street on which the sidewalk is improved. Assessments. SEC. 61. That the mayor and council shall have full power and authority to assess one-third of the cost of paving, grading, macadamizing, constructing side drains, cross drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. The real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad

Page 660

company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Assessments. SEC. 62. Said mayor and council shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for above purposes for the amounts set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on the real estate to its frontage on the street, or portion of street improved, and that the amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Assessments. Lien. SEC. 63. Said mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the clerk of council against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass absolute title to the purchaser. Said city marshal shall have power to eject occupants and put purchaser in possession; provided, that the defendant shall have a right to file his affidavit tendering the whole or a part of the amount for which execution is given, and stating the amount he admits to be due, which amount, with all costs, shall be paid and collected before the affidavit be received for the balance, and the affidavit shall be returned to the Superior Court of Wayne County, and there be tried and shall be determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay. Execution, levy and sale. Affidavit of illegality.

Page 661

SEC. 64. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any street railroad company, or other property holder or occupant of the street, the option of having the space to be paved by it paved by itself, or by a contract at its instance, the object being to prevent delay and the securing of uniformity in the pavement. Paving [Illegible Text] SEC. 65. The lien for assessment upon abutting property and street railroad companies or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinance authorizing the execution of the work in such case. Rank of assessment lien. SEC. 66. Be it further enacted, That said mayor and council shall have authority to prescribe by ordinance, such other rules as the mayor and council in its discretion may deem necessary to grade, pave, drain, macadamize or curch the streets and alleyways of said city; to enforce by execution the cost thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements. SEC. 67. That all executions issued against property owners for paving, grading, macadamizing, constructing side drains, cross drains and crossings and otherwise improving the roadway or street proper, or sidewalks of said city, as above provided, shall be issued as set forth in Section 14 of this charter. Executions. SEC. 68. Be it further enacted, That the said mayor and council shall have full power and authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violation of the same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations (prescribing penalties for the violation of the same) to prevent the spread of any

Page 662

infectious or contagious disease; also to enforce an ordinance to compel vaccination of all persons within the corporate limits of said city; also to isolate anyone afflicted with any infectious disease by confining such person or persons within the premises provided by said mayor and council, either within or without the corporate limits of said city; also to isolate any person or persons exposed to any infectious or contagious disease during the period of incubation of such disease by confining such person or persons during such period within the premises provided by the mayor and council, either within or without the corporate limits of said city; provided, that no person shall be so isolated who is able and willing to pay the hire of proper persons to be selected by the mayor and council to guard the premises during the time in which there is any probability of the spread of any contagious or infectious disease from such persons. Board of health. Health [Illegible Text] SEC. 69. The mayor and council may, in their discretion, elect a recorder, whose duty it shall be when so elected to preside at the city court, known as the mayor's court, with as full and ample authority to try and dispose of all cases within the jurisdiction of the mayor's court as the mayor heretofore had, and as the mayor has under the provisions of this charter. He shall hold his office until the next general election after his election by the mayor and council, unless he shall be removed from office sooner for cause, to be judged of by the mayor and council. Recorder. Tenure. SEC. 70. The salary of the recorder shall be fixed by the mayor and council prior to his election, and shall not be increased or diminished during his continuance in office. In case of the absence of the recorder, the mayor or mayor pro tem. may perform the duties of said recorder. In case of the death, resignation or removal of the recorder for cause to be judged of by them, the mayor and council may, at the expiration of the term of any recorder, discontinue the office of recorder, and in that event the mayor shall have the same powers and authority he had before the establishment of the office of recorder. Salary. Vacancy.

Page 663

SEC. 71. When sitting as a recorder's court, the recorder shall have full power and authority, concurrent with the mayor and mayor pro tem.; to try all offenders against the ordinances of said city and impose such penalties for violation thereof as may be prescribed by the ordinances of said city. Before entering upon the duties of his office he shall take and subscribe an oath before some officer authorized to administer oaths, faithfully to discharge the duties of the same. His duties not herein enumerated may be prescribed by ordinance. Powers Oath. SEC. 72. Be it further enacted, That the mayor and council of said city shall have full power and authority, in their discretion, to elect a building inspector, whose duty it shall be to inspect all buildings and walls located on the various streets, lanes and alleys, when he shall be requested to do so by the mayor, and to report the result of said investigation to the mayor and council, with a recommendation as to the best course to be pursued in reference to said buildings and walls for the protection of the citizens. The inspector of buildings and walls may hold any other office not necessarily conflicting with his duties as inspector of buildings and walls. Building inspector. SEC. 73. The said mayor and council shall have full power and authority to execute, in a summary manner, the recommendations of said building inspector, at the expense of the owner of said building or wall, or the owner of the lot upon which the same may be located, in the discretion of the said mayor and council, should the said owner, after fifteen days' notice, fail or refuse to remove the objections reported by said building inspector, such expense to be collected by execution issued by the clerk of the council as prescribed in Section 14 of this charter; and the mayor and council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into full effect. Said building inspector shall hold office subject to the discretion of the mayor and council. Summary building regulations. SEC. 74. Be it further enacted, That the mayor and

Page 664

council shall have full power and authority to establish a fee-bill for the officers of said city, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. Said mayor and council shall have power and authority, in their discretion, to allow said fees to the officers of said city, or to place same in the treasury of the city. Fees of officers. SEC. 75. Be it further enacted, That said mayor and council shall have authority to create and organize a fire department and shall have complete control of the same, whether paid or voluntary, or both, and shall have power and authority to pass all ordinances and regulations necessary to perfect and maintain said fire department. Fire department. SEC. 76. Be it further enacted, That said mayor and council shall have full power and authority to establish and maintain a fire limit, in their discretion, and it shall be unlawful for any person or persons to erect other than fire-proof buildings or other structures of whatever kind, other than fire-proof within said limit; should anyone erect or cause to be erected within the fire limits established by the mayor and council any house, or other thing, other than fire-proof buildings, said mayor and council may cause same to be removed after five days' notice, at the expense of the owner or owners of such building or buildings. The expense of such removal to be collected by execution issued from said mayor and council by the clerk of council, as prescribed in Section 14 of this charter. And said mayor and council, may in their discretion, enlarge said fire limits, from time to time, as to them may seem meet and proper; fire-proof buildings will be construed to be built of brick or stone, and metal, slate or some approved fire-proof roofing. Fire limits, structures, expense of removal, etc. SEC. 77. Be it further enacted, That said mayor and council may have full power and authority to compel by ordinance each person or persons about to build or cause to be built, any house of any description, or other structure, to first secure a permit in such manner as may be prescribed

Page 665

by the mayor and council by ordinance, and a failure on the part of any person or persons to comply with such ordinance as may be passed under the authority granted in this section, shall be liable to the penalties prescribed in said ordinance. Building permits. SEC. 78. Be it further enacted, That said mayor and council shall have power and authority to pass ordinances and regulations prescribing penalties for violation of the same in regard to meat markets and other businesses of like nature; also to establish and maintain a system of inspection of all meats sold at the markets, or other places of business of like nature, or on the streets, or within the corporate limits of said city, and to charge an inspector's fee for each inspection, in such amount as to them seems proper. Meats, sale of. SEC. 79. Be it further enacted, That the mayor and mayor pro tem., when sitting as a mayor's court, provided in this charter, shall have full power and authority to compel the attendance of parties as witnesses at the mayor's court, and for this purpose either of them may fine for contempt any such amount or penalty as may be prescribed by ordinance. The power is also granted to said mayor and mayor pro tem., when sitting as mayor's court, to take and receive of parties and witnesses such bond or bonds as he may deem necessary to secure the attendance of parties as witnesses, and to forfeit said bond or bonds in the same manner as such bonds are now forfeited in the superior courts of this State. Witnesses, attendance of. [Illegible Text] SEC. 80. Be it further enacted, That the mayor and council shall have full power and authority to create and establish a city chaingang for the purpose of working persons convicted in the mayor's court and shall have authority to employ a warden to take charge of said convicts and work them in the same manner and in the same way and under the same rules as convicts are now worked by the State of Georgia. Chaingang. SEC. 81. Be it further enacted, That it shall be the duty

Page 666

of the clerk of council to open books for the registration of voters on the first Saturday in September before each election after the first election herein provided for to be held on the first Saturday in December, 1915, at ten A. M., and keep the same open from day to day from ten A. M. to six P. M., until the first Saturday in November, when the same shall at six P. M., finally close, in which shall be inscribed the name of the person entitled to vote in said town and his place of presidence and occupation, and the said clerk must not permit any one to register who is not entitled to do so and he shall not permit any one to register for some one else, but each and every person when he can write his name must do so in his own hand writing, and if he cannot write his name, then it shall be written by the clerk, and if such clerk of council does knowingly permit any one to register who is not legally entitled to do so, and permit any one to register for some one else other than himself, he shall be discharged from office, and no person who is not registered shall be allowed to vote at any election in said town for officers thereof, or any measure or matter affecting the same. Registration of voters. SEC. 82. Be it further enacted, That said city council shall have power and authority to grant franchises, easements and rights-of-way over, in, under and on the public streets, alleys, sidewalks, passes and other property of said city on such terms and conditions as said city council may fix. Franchises, easements, etc. SEC. 83. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 16, 1915. KIRKWOOD TOWN CHARTER AMENDED. No. 236. An Act to amend an Act, approved August 15, 1910, providing a new charter for town of Kirkwood, and the

Page 667

Acts amendatory thereof, so as to extend the corporate limits of said town by the incorporation of new and additional territory in said town; and to specially amend Section 33 of said Act, approved August 15, 1910, so as to provide for grading, paving, macadamizing or other wise improving the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town and to lay curbing along any of the sidewalks, streets, squares and public alleys of said town, when so requested in writing by persons who own real estate with fifty per centum of the frontage on such sidewalk or street to be improved, and to provide for the laying of guttering on any such streets, lanes or alleys, within the discretion of the mayor and council of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of 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 as follows: Also parts of land lots 204 and 205 in the 15th district of DeKalb County, Georgia, commencing at a point on the eastern line of the town of Kirkwood where the said line crosses the north line of land lot 205, and running thence cast along said land lot line, six hundred nine (609) feet, more or less, to the center of Second Avenue; thence in a southeasterly direction, along the center of Second Avenue, four hundred seventy-four (474) feet, more or less, to the southeast side of the right of way of the Georgia Railway Electric Company; thence in a southwesterly direction along the southeast side of said right of way, eleven hundred twenty six (1,126) feet, more or less, to the present eastern limits of the town of Kirkwood; thence north along said eastern limits to the point of beginning; also parts of land lots 237 and 238, in the 15th district of DeKalb County, Georgia,

Page 668

commencing at the present northwest corner of the town of Kirkwood at a point one hundred twenty and five-tenths (120.5) feet east of the southeast corner of Colquitt Circle and McLendon Street; thence north to the north line of land lot 211; thence west along said land lot line, two hundred thirty (230) feet, more or less, to the eastern limits of the city of Atlanta in land lot 238; thence north along said city limits of Atlanta, two hundred sixty-five (265) feet, more or less, to the south line of Druid Hills; thence following the southern boundary line of Druid Hills, as said line runs, to the west side of Durand Mill Road; thence southerly along the west side of Durand Mill Road to the present northern limits of town of Kirkwood; thence west along said town limits to point of beginning. Also, part of land lot 237 in the 15th district of DeKalb County, Georgia, commencing at the present northeast corner of the town of Kirkwood, and running thence north to the northern side of the Georgia Railway Electric Company's right of way; thence in a southwesterly direction along the north side of said right of way to the intersection of said right of way with the present north line of the town of Kirkwood; thence east along said north line to the point of beginning. Act if 1910 amended. Territory annexed. SEC. 2. Be it further enacted by the authority aforesaid, That Section 33 of the Act approved August 15th, 1910, creating and establishing a new charter for town of Kirkwood, [Illegible Text], and the same is, hereby amended by striking from the 14th and 15th lines from the bottom of page 825 of said Acts of 1910, in said Section 33, the words at least two-thirds, and inserting in lieu thereof, the words at least fifty-one per centum, and by adding after the word block in the seventh line from the bottom of page 825 of the Acts of 1910, in said Section 33, the following words: But the mayor and council of said town may, in their discretion, and without any request therefor, lay guttering along any street, alley or sidewalk, in said town, and assess the actual cost therefor against the real estate abutting on the street, but only on the side of the street on which the guttering is laid, if only on one side, so that said Section

Page 669

33, when amended as above specified, shall read as follows: Section 33. Be it further enacted, That the mayor and council shall have full power and authority, in their discretion and as hereinafter prescribed; to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any road way or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company having a track or tracks running along or across the streets of said town shall be required to pay the cost in full of paving, macadamizing, grading or otherwise improving such street between their said tracks and for two feet on each side thereof, or in case of such tracks now laid under previous grants or franchises in the nature of contracts between said town and the company owning or operating such maximum proportion as is stipulated in such grants or franchises until the same expire by original limitation in such grants, and thereafter as above prescribed, and in such cases and on such streets, one-third of the remaining cost of the street improvement shall be assessed to the abutting property on each side; provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, nor no assessment made, under the authority,

Page 670

power and provisions of this section unless the persons owning real estate, which have at least fifty-one per centum of the frontage on the sidewalk, or on the street, or on the portion of the sidewalk or of the street the improvement of which is desired, shall in writing request the mayor and council to make such improvement, when said mayor and council may, in their discretion, provide by ordinance for such improvement, and, provided, further, that no request shall be considered and no work shall be done for less than an entire block; but the mayor and council of said town may, in their discretion, and without any request therefor, lay guttering along any street, alley or sidewalk, in said town and assess the actual cost therefor against the real estate abutting on the street, but only on the side of the street on which the guttering is laid, if only on one side. The amount of the assessment on each piece of real estate abutting on the sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvement or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution shall be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes, the same may be sold at public outery to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the Superior Court of DeKalb County, and there tried and the issue determined as in cases of illegality, and subject to all the penalties provided by law in cases of illegality for

Page 671

delay. The liens for assessment on abutting property, and on street railroads or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Further amendment. To be read as amended. Street improvements, assessments, etc. Lien of assessment. Execution, levy and sale. Affidavit of illegality. Rank of assessment lien. 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 16, 1915. LAVONIA CITY CHARTER REPEALED. No. 112. An Act to repeal an Act of the General Assembly, approved July 30th, 1908, and the several Acts amendatory thereto, constituting the present charter of the city of Lavonia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly, approved July 30th, 1908, entitled An Act to create a city government for the town or city of Lavonia, in Franklin County, and to confer upon the authorities thereof certain powers in lieu of the present town or city government, and for other purposes, and that the several Acts amendatory thereto, all constituting the present charter of the city of Lavonia, in Franklin County, be, and the same are hereby repealed. Act of [Illegible Text] [Illegible Text]. SEC. 2. Be it further enacted by the authority aforesaid, That nothing in this Act shall operate to repeal the several local Acts creating and authorizing a system of

Page 672

public schools for said city of Lavonia, nor decrease the present limits of the school district which is one and one-half miles from the center of the public square. Public school system not affected. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill to be entitled An Act to create and establish a new charter for the city of Lavonia, to declare the rights, powers and privileges of said corporation and for other purposes, shall have been passed, approved and become a law. When effective. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 12, 1915. LAVONIA, CITY OF, CHARTERED ANEW. No. 169. An Act to incorporate the city of Lavonia, in the county of Franklin, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, the city of Lavonia, in the county of Franklin, be and the same hereby is incorporated under the name and style of the city of Lavonia, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may implead and be impleaded in any court of law or equity in the State, may purchase, have, hold, receive and retain any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said city as they may see fit and proper, the mayor, by direction of the city council, making deed to any property sold or disposed of by said city. Said city shall be and is

Page 673

hereby invested with all the rights, powers, privileges incident to municipal corporations in this State, and all rights, powers, titles, easements and hereditaments now belonging or in any wise appertaining to the city of Lavonia, under its corporate name, to-wit.: The mayor of the town of Lavonia, shall be and is hereby vested in the city of Lavonia, created by this Act. Corporate name. General powers. SEC. 2. Be it further enacted by the authority aforesaid, That the central point of said city shall be the centre of the public square. Central point SEC. 3. Be it further enacted by the authority aforesaid, That the territorial limits of said city shall embrace and include all the territory within one (1) mile from said central point. [Illegible Text] limits. SEC. 4. Be it further enacted by the authority aforesaid, That the government of this city shall be vested in a mayor and four councilmen. The present mayor and councilmen of the city of Lavonia shall continue in office until the first day of January, 1916, and until their successors are elected and qualified; and they and their successors and associates shall have and exercise all the rights and powers and duties hereby conferred on the mayor and council of the city of Lavonia, created by this Act. Government. SEC. 5. Be it further enacted by the authority aforesaid, That the chief executive officer of the city shall be the mayor, who shall be a qualified elector, a resident of the city twelve months prior to his election, and who shall serve for one year, or until his successor shall be elected and qualified. Mayor. SEC. 6. Be it further enacted by the authority aforesaid, That on the third Wednesday in December, next, there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified; and four councilmen, each of whose terms of office shall be one year and shall hold such office until his successor is elected and qualified. On the third Wednesday in December each

Page 674

year thereafter, there shall be elected a mayor and four councilmen, the mayor to serve one year or until his successor is elected and qualified and the four councilmen to serve one year each or until their successors are elected and qualified, to fill vacancies every year occurring by expiration of terms; each officer so elected and qualified shall enter upon the duties of their respective offices on the first day of January following said election. At the regular meeting of the mayor and council, after their election and qualification, they shall elect one of their number mayor pro tem., whose office shall terminate at the expiration of the year in which he is elected. In event the office of mayor or any one or more of said council shall become vacant, for any cause whatever, the remaining members of the council shall fill said vacancy for the unexpired term, by appointment. Election and terms of mayor and councilmen Mayor pro tem. SEC. 7. Be it further enacted by the authority aforesaid, That the city of Lavonia shall elect a clerk and treasurer, which offices shall be consolidated, who shall be a qualified voter, a resident of the city for twelve months prior to his election, and who shall serve one year or until his successor be elected and qualified, and who shall give a bond in the sum of five hundred ($500.00) dollars, approved by the mayor of said city. In case any vacancy occurs for any cause whatever the mayor and council shall fill said vacancy for the unexpired term by appointment. The clerk and treasurer shall be elected at the same time and place as the mayor and councilmen. Clerk and treasurer. Bond. Vacancy. SEC. 8. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any questions or subject is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace and two freeholders, and each of said managers before entering on his duties shall take and subscribe before some officer authorized by law to administer oaths, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting

Page 675

to the best of our skill and power; so help us God. Said managers shall keep or cause to be kept, two lists of voters and two tally sheets. All elections shall be held in the law house provided by the city of Lavonia for the 206th District, G. M., and the voting shall be by ballot. The polls shall open at 8 o'clock A. M. and close at 4 o'clock P. M.; persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for same by an order on the city treasurer. Elections. Oath of managers. Elections, how conducted. SEC. 9. Be it further enacted by the authority aforesaid, That the said managers shall certify two lists of voters and two tally sheets, and place the same, together with the ballots, in a sealed package, together with a certificate showing the result of the election, signed by said managers, and deliver them forthwith to the mayor who with the council shall not declare the result of any election held in said city until twenty-four hours shall have expired after the closing of the polls and as soon as practical thereafter, if no notice of contest has been filed within said twenty-four hours, 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 described by the general laws of the State. Certificate. Contest. SEC. 10. Be it further enacted by the authority aforesaid, That all persons being qualified to vote for members of the General Assembly of this State, and who have paid all taxes due said city, and who have resided in said city three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws, and ordinances of said city, shall be qualified to vote at any election held in said city. Qualifications of voters. SEC. 11. Be it further enacted by the authority aforesaid, That on the first day of January following each election the persons elected for offices of mayor, councilmen and clerk and treasurer, or either, shall take and subscribe

Page 676

before some judicial officer or the mayor of said city then in office, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, or clerk and treasurer, as the case may be) of the city of Lavonia, to the best of my skill and ability, and as it shall seem to me the best interest and welfare of said city, without fear, favor or affection; so help me God. And they shall forthwith enter upon the discharge of the duties of their respective offices. Oath of office. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the 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 finally and absolutely closed. Said clerk shall not knowingly allow any one to register who is not legally 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 for three months next preceding this registration, or that by date of next city election, if then a resident, you will have done so, and that it is your intention to remain a resident until 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 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

Page 677

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. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least sixty days before the date fixed for said election and shall close same twenty days before said election and prepare and furnish the registration list as hereinbefore provided. Notice of the opening of the registration books for all elections shall be given in such manner as the mayor and council shall prescribe, at least twenty-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 the managers such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein, under the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by the State for illegal voting. After said registration books are closed, and prior to the day of any election for which said registration is had, the mayor and council shall examine, revise and purge said list, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided, that before removing any name therefrom, written notice shall be served upon the person or persons deemed disqualified, at least 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.

Page 678

SEC. 13. Be it further enacted by the authority aforesaid, That the city clerk and treasurer shall be a practical bookkeeper, and shall keep an accurate set of books for said city, and furnish when required by said mayor and council a report of the financial condition of the said city of Lavonia. He shall keep the minutes of the sessions of council, all papers and records of the city appertaining to his office, and in addition shall perform all such other duties as are usually incident to his office. Books, reports, minutes, etc. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem., while acting as mayor, shall not have the right to vote upon any question before the council except in a case of a tie, but said mayor or mayor pro tem. shall have the right to veto any resolution or ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons therefor, within three days after their action thereon, and be entered of record on the minutes of the council; and said measure shall not be effectual unless passed over said veto by a vote of three of the four councilmen at the first regular meeting of council after said veto, and not thereafter; provided, however, that within two days after said veto power is exercised the mayor or mayor pro tem., as the case may be, may call a special meeting of the council, and if the councilmen, or all of them save one be present, they may in their discretion, then and there act on said measure vetoed. Vote of mayor. Veto. Passage over veto. SEC. 15. Be it further enacted, That the mayor and each councilman shall be ex-officio a justice of the peace within said city for the purpose of issuing warrants for offenses committed within the city, and binding and committing the offenders to appear in any court having jurisdiction of such offenses. Warrants for offenses. SEC. 16. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary. In the absence or disqualification

Page 679

of the mayor, the mayor pro tem. shall hold said court, and in the absence of mayor pro tem., any one of the council may hold said court. Said court shall have power to preserve order and to punish for contempt by imprisonment, not exceeding thirty days, in the city lockup, or by a fine not exceeding $25.00; said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works of the city. Said mayor's court shall have power to impose the following penalties for the violation in any place in said city, public or private, of any ordinance of the city, passed in accordance with its charter; that is to say by a fine not exeeding one hundred dollars, imprisonment in the city lockup, not exceeding sixty days, work on the street chaingang or other police or the marshals of said city, not exceeding sixty days; one or more, or all these, at the discretion of the trial court. Mayor's court. Contempts. Penalties. SEC. 17. Be it further enacted, That the mayor and council of said city shall have power and authority to establish a chaingang to be worked upon the streets or at such other places in said city as said mayor and council may direct and to pass all ordinances and to adopt such rules and regulations as are necessary for the maintenance and regulation of the same and may provide by ordinance for the punishment of escapes in the same manner as violation of the ordinances under which such person or persons escaping were convicted. Chaingang SEC. 18. Be it further enacted, That it shall be lawful for the marshal, or any marshal of said city to arrest without warrant any and all persons within the corporate limits of said city who are then violating, or who have violated within the limits of said city, any of the ordinances of said city and to hold said persons so arrested until the proper hearing of the matter can be had, and to this end said arresting officers are authorized to imprison and to confine any person arrested by them in the city lockup for a reason

Page 680

length of time. The marshal and policemen of said city are authorized to the same extent as sheriff of this State to execute warrants placed in their hands, charging any person or persons with violating the criminal laws of this State. Arrests without warrant. Execution of warrants. SEC. 19. Be it further enacted, That the mayor or those holding the mayor's court in his stead, shall have power and authority to subp[oelig]na witnesses, within and without the limits of said city, to attend the mayor's court under the same rules and regulations as regulate and govern the superior court of this State, to compel their attendance and to punish any witness who has been subp[oelig]naed and failed to attend under the provision for contempts already provided for in this charter. Witnesses. SEC. 20. Be it further enacted, That said mayor and council shall have power to pass all ordinances, by-laws, orders, rules, regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part hereof, and to provide penalties for their violation. They shall have power and authority to open, close, lay off, alter in grade or course, vacate, curb, and pave and keep in good order and repair all streets, alleys, sidewalks, crossways, roads, drains and gutters, for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets and to order the sidewalks, footways, cross-walks, drains and gutters to be drained and paved and kept in good order and repair, free and clean, by the owners and occupants thereof, or the owners and occupants of the real property adjacent thereto; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the

Page 681

premises where held; to abate or cause to be abated, anything, which, in the opinion of the mayor and council, shall be a nuisance; to regulate the keeping of gunpowder and other explosives and combustibles; to abate or cause to be abated, nuisances in the form of lewd or bawdy houses, or houses suspected of being such; and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers, or other intoxicating or alcoholic drinks, by whatever name or names the same may be called; to provide in or near the said city places for the burial of the dead, and to regulate interment therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations against danger by [Illegible Text] and to protect limits in which no non-fire-proof building shall be erected or repaired; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein; and for this purpose the said mayor or mayor pro tem. shall appoint when necessary, a police force to assist the marshal or chief of police in the discharge of his duties; to prescribe the powers and define the duties of all the officers appointed or elected by the mayor and council; fix their terms of office and compensations; require and take from them bonds, when necessary, payable to the city of Layonia, in its corporate name, with such security and such penalty as the mayor and council may see fit, conditioned upon the faithful discharge of their duties; to erect or authorize or prohibit the erection of water works in said city; to prevent injury to or pollution of the same, or to the same, or to the water or healthfulness of said city; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, gasoline, electricity or other power; to regulate and provide for the weighing of hay, coal, cotton seed and other articles sold, or for sale in said city, and to provide a revenue for said city, and to appropriate the same to the expense of said city; to issue bonds, as hereinafter provided for; to pass all laws, ordinances and regulations deemed necessary

Page 682

for the protection of the inhabitants of said city against small pox or other contagious diseases; to take whatever steps as in the opinion of the mayor and council may be necessary to guarantee good sanitary conditions in said city. Ordinances. Streets. Markets. Nuisances. Bawdy houses. Liquors. Cemeteries. Buildings. Drainage. Fire control. Peace and order. Police force. Water works. Cars, etc. Farm [Illegible Text] Contagious diseases. SEC. 21. Be it further enacted, That the mayor and council of said city shall have full power and authority to license and regulate and control by ordinance all taverns, hotels, restaurants, cafes, boarding houses, saloons for the sale of ices, creams, etc., founts and stands for the sale of hot and cold drinks, livery stables, feed stables and lots, hacks, drays, and other vehicles, including automobiles, vendue masters, auctioneers, itinerant traders, theaters and theatrical performances except performances by local amateurs, oil mills, ice works, bottling works, laundries, pressing clubs, waterworks, shows, circuses and exhibitions of every kind, itinerant lightning rod dealers, emigrant agents, peddlers of stoves, clocks, machines or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public use, every keeper of a shooting gallery, tenpin alley, the keeper of any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, disks, plates, flying horses or other contrivance whatsoever; insurance agents, life, fire, accident, live stock or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers and commission merchants of all kinds and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fish or oysters, vegetables, fruit, breads and other articles of food; keepers of skating rinks, contractors and builders, and all mechanics or artisans; barber shops, photograph galleries, jewelers, opticians, either local or itinerant, all non-resident persons taking or soliciting orders for any article of merchandise of any kind of retail; all manufactories, ginneries, flour mills, saw mills, lumber dealers and dealers in any kind of building material; undertakers; pawnbrokers;

Page 683

junk and old iron and metal dealers; and all and every other establishment, business, profession, calling, trade or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to license and specific tax. The mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession, calling in said city, for which a license is required. Should any person engage or continue in any business, trade, profession or calling, for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the mayor's court, and may be fined or imprisoned in the discretion of the court. The provisions of this section shall apply to all persons, whether artificial or natural. License and regulation of businesses. Licenses or specific taxes. SEC. 22. Be it further enacted, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, alleys, roads, ways and other public places in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any change of the street lines, or sidewalks of said city, and when the mayor and council of said city shall desire to exercise the power and authority granted in this section, it may be done, whether the land to be condemned is in the hands of the owner, trustee, executor, administrator, guardian or agent, in the manner provided by Sections 4657-4685, inclusive, of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereto. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, posts or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Streets. Condemnation of property.

Page 684

SEC. 23. Be it further enacted, That the said mayor and council shall have power and authority to require from all male inhabitants in said city, who by the laws of the State are subject to be worked on the public roads, to work such length of time on the streets of said city as mayor and council shall direct by ordinance, in no case to exceed fifteen days in one year. Said person so subject to be worked on the streets shall have the right to relieve themselves of said work by paying tax, which said mayor and council shall fix by ordinance; said tax, however, shall in no event exceed five dollars in one year. Said work to be done and said tax to be paid at such times as the mayor and council shall direct. Any person subject to work on said streets, who shall fail to work or pay said taxes when notified, shall be punished in the mayor's court as mayor and council may by ordinance prescribe. Street work or tax. SEC. 24. Be it further enacted, That the mayor and council shall have full authority to pass and enforce ordinances and regulations preventing idleness and loafing on the streets within the corporate limits of said city, and to prescribe penalty for the violation thereof. Idleness on streets. SEC. 25. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in the city of Lavonia, and enlarge, change or modify its limits from time to time; to prescribe when and how and of what material buildings in said limits may be erected or covered; how thick the walls must be, the manner in which the chimneys, stove-pipes and flues shall be constructed; to change all things that they may deem necessary to protect said city so far as possible from danger from fire and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement of chimneys, stove-pipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to be so, and make the owner or occupant pay the expenses of the change, as they may elect, and which may be collected by execution as taxes are now collected; and if any

Page 685

person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order such buildings removed; and if such person, firm or corporation shall not remove such buildings after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner; which expense may be collected by execution. Fire limits and building regulations. SEC. 26. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and council of said city of Lavonia shall have the full power and authority and shall prescribe by ordinances for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, to defray the ordinary annual expenses of the city government, said tax not to exceed three-fourths of one per cent. per annum. Tax ad valorem. SEC. 27. Be it further enacted, That the city council of said city shall have full power and authority to provide the manner of giving in taxes in said city, to appoint three citizens of said city, who are freeholders thereof, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said city, subject to city taxes, whether given in for taxes by owners of property themselves or not, to equalize and adjust the tax returns of all owners of property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objection to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Returns for tax. Assessors.

Page 686

SEC. 28. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held after their election and qualification, they shall elect a marshal, who may be chief of police, and as many policemen as in the judgment of said mayor and council shall be necessary; a city attorney; and such officers as the mayor and council may deem necessary in the government of the city. Each of said officers shall take such oaths and give such bonds as the mayor and council may prescribe by ordinance, all bonds being made payable to the city of Lavonia. Said mayor and council shall have power to suspend and remove such officers from office or to impose fines on said officers in their discretion. Marshal and policemen. SEC. 29. Be it further enacted, That the city attorney shall perform all the professional services incident to his office, and when required shall represent the city in any case in any court of law or equity in the State. It shall be his duty to furnish an opinion upon any subject submitted to him by the city council, the mayor or a committee from the council. City attorney. SEC. 30. Be it further enacted, That the chief of police and marshals shall perform such duties as are incident to their offices, and shall preserve the peace and good order of said city, according to the laws of said State and the ordinances of said city, and in the pursuit of any offender against the laws of this State or the ordinances of the city of Lavonia, they, or any of them, may enter any building, either public or private, and where admission is refused it shall be lawful for said officers to break and enter said buildings for the purpose of making said arrest. Power to break open house to effect arrest. SEC. 31. Be it further enacted, That any person convicted in the mayor's court of the city of Lavonia for any violation of the laws or ordinances of the said city may enter an appeal from the judgment of said court; provided, the appeal be entered in writing within twenty-four hours after the judgment is pronounced, and provided all costs are first paid or a pauper's affidavit made in lieu thereof,

Page 687

or a good and sufficient bond made payable to the city of Lavonia to abide the final judgment in the case. The council of said city on the hearing of any appealed case shall have the power and authority to affirm the judgment of the mayor's court or acquit or set aside the judgment of said court, or any other person having authority to preside in such cases. Any person convicted by the mayor and council on appeal may, by giving notice in writing to the mayor or such person presiding in said court of his intention to certiorari, suspend the judgment, and may be released from custody at once upon giving bond with good security in such sum as may be fixed by the mayor or other person presiding in the case for his appearance to abide the final judgment, and the proceedings thereafter shall be as prescribed by the general laws of this State. Appeal from conviction. Certiorari. SEC. 32. Be it further enacted, That the mayor of said city shall receive a salary of one hundred and fifty dollars per year, but shall receive no perquisites or other compensation for his services, and each councilman shall receive a salary of twenty-five dollars and street tax per year as a full compensation for his services. The mayor and council shall have the power and authority to fix the salary or compensation of the consolidated office of clerk and treasurer; and all other officers and employees shall be paid, in accordance with contracts made with said mayor and council. Salaries of mayor and councilmen. SEC. 33. Be it further enacted, That the said mayor and council shall each year appoint three fit and proper persons who shall constitute the board of health of said city, at least one of whom shall be a physician in regular practice. It shall be the duty of said board to meet as often as may be necessary and report to the mayor and council any and all nuisances which are likely to endanger the health of said city, and the said mayor and council shall have power, upon the report of said board of health, to cause any such nuisance to be abated, and the recommendation to be carried out in a summary manner at the expense of the party whose act or negligence caused such

Page 688

nuisance, or the owner of the premises, or both, as the mayor and council may elect. All expenditures under this section may be collected by execution in the same manner as are other executions issued in favor of said city. Board of health. Summary abatement of nuisances. SEC. 34. Be it further enacted, That the mayor and city council of the city of Lavonia shall call an election for the purpose of voting on the issuance of bonds to be issued for the purpose of purchasing a lot or lots for the erection of public school or schools thereon, and for the erection of public school buildings, and they are hereby authorized and empowered to order an election, and if said election shall result in the issuance of bonds, they are authorized to issue the same. Said mayor and council are authorized to purchase, lease, contract and convey any and all property that it may acquire and do any and all things that may expedite the system of public schools for the city of Lavonia. Election as to bonds for schools. SEC. 35. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. LAVONIA CITY BOARD OF EDUCATION. No. 224. An Act to amend an Act to establish public schools in Franklin County, Georgia, in the city of Lavonia, approved August 8th, 1908, and the various Acts amendatory thereof, so as to provide for the election of the board of education for said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section 3 of the Act entitled An Act to establish and maintain a system of public

Page 689

schools for said city, approved August 8, 1908, be and the same is hereby amended by striking out the words their term of office to begin the first Monday in August after the passage of this Act in the 4th and 5th lines in said section, to read as follows: That two of the members of the present board of education whose time expires in the years 1915 and 1916 shall continue and hold their respective offices until January 1, 1916, and until their successors are elected and qualified, which said offices shall be filled by the duly elected and qualified mayor and at least one of said councilmen elected by the city of Lavonia, which said mayor shall have the authority and power to act as chairman of the entire board of education of the Lavonia public schools each and every year thereafter or until his successor is elected and qualified. Act of 1908 amended. Tenure of board members. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. LOUISVILLE TOWN BOARD OF EDUCATION. No. 234. An Act to amend an Act entitled an Act to establish a public school system for the town of Louisville, Georgia, to appoint a board of education for said town, to provide for raising revenue to organize and maintain said system, and to carry the same into effect, and for other purposes, approved December 20th, 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 all of Section Three (3) of said Act approved December 20th, 1893, be repealed, and the

Page 690

following substituted in lieu thereof, to be known as Section Three of said Act: Act of 1893 amended. Section Three. Be it enacted, That the terms of all of the present members of the board of education of the Louisville High School expire on June 30th, 1916, or as soon thereafter as their successors shall have been elected and qualified. Terms of board to expire. That at the annual meeting of said board of education, to be held on the first Wednesday of June, 1916, the present board of education elect five (5) white citizens and tax payers of the town of Louisville, Georgia, to be known as the board of education of the Louisville High School. One member shall be elected for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, and annually thereafter one member shall be elected to serve for a term of five years. All vacancies in said board of education, caused by expiration of term of office, death, resignation or removal from said town, shall be filled by the remaining board from the white citizens of said town. Board to be elected. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. LUCRETIA CITY CHARTER REPEALED. No. 206. An Act to repeal An Act to incorporate the city of Lucretia in the county of Emanuel; to define the corporate limits of said city; to provide for the election of a mayor and aldermen, for the government thereof; to confer upon the mayor and aldermen authority to erect water

Page 691

works, electric lights and a system of sewerage; to provide for public schools and school houses 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, that Act of the General Assembly of the State of Georgia, approved December 20th, 1900, and published in Georgia Laws 1900, pages 314-324, inclusive, creating the city of Lucretia in the county of Emanuel, defining the corporate limits thereof, and providing for a mayor and aldermen thereof and defining their powers and duties, be and the same is hereby repealed. Act of 1900 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, hereinbefore enacted, be hereby repealed. Approved August 16, 1915. MACON CITY ADVERTISING MEDIUM. No. 92. An Act to amend the Act approved August 17, 1914, to create a new charter for the city of Macon; to provide for an advertising medium for legal advertisements of the city of Macon and for sales of property under execution in favor of the 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 for the year 1916 all legal advertisements of the city of Macon, including all sales of property under execution in favor of said city, shall be advertised in the Macon Daily Telegraph, which shall be deemed the medium for legal advertisements for the city of Macon for that

Page 692

period; and for the year 1917 they shall be advertised in the Macon News, and it shall likewise be considered the advertising medium; and each year thereafter the medium for legal advertisements for said city shall be held to alternate between the Macon News and the Macon Daily Telegraph; provided, that in no event shall the rates charged for advertising ever exceed the rate allowed publishers for sheriff's advertisements under the laws of this State; and provided, further, that all sales of property under execution shall be made and conducted in the same way and manner as sheriff's sales under execution in the county of Bibb. Legal advertising mediums. Rates. Sales under execution. SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1915. MACON CITY CHARTER AMENDED. No. 8. An Act to amend an Act approved August 17, 1914, creating a new charter for the city of Macon, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Macon shall be authorized to own a hospital and operate and maintain the same by and through a board of commissioners, to be selected as hereinafter provided. And in order to fully carry into execution the power herein given, said city is hereby authorized to receive, take, hold and own any and all property, real and personal, either within or without the city of Macon that may in the discretion of the mayor and council be necessary for the operation and maintenance of such hospital. The conveyance of the property,

Page 693

real and personal, of the Macon Hospital by its board of directors to the city of Macon is hereby ratified and confirmed. Hospital for city, powers as to. SEC. 2. Be it further enacted by the authority aforesaid, That the control, operation and management of said hospital shall be under a commission consisting of five members, including the mayor of the city of Macon and the chairman of the finance committee of council as ex-officio members thereof. The other three members of said commission shall be selected as herein provided. Said commission shall be known as the Macon Hospital Commission. The first commissioners to compose said commission shall be Bridges Smith, and J. B. Riley, as ex-officio members during the time for which they shall hold office as mayor and chairman of the finance committee of council, respectively; Orville A. Park, who shall hold his office until the first day of January, 1922; C. B. Lewis, who shall hold his office until the first day of January, 1920; A. R. Willingham, who shall hold his office until the first day of January, 1918. At the regular meeting of the mayor and council, at which all other city officials are elected, in November, 1917, and biennially thereafter, the mayor and council shall elect a commissioner for the term of six years to fill the office of the commissioner whose term expires on the 31st day of December thereafter. Should a vacancy occur on said board, the remaining members shall immediately notify the mayor and council thereof, who shall at their next regular meeting, or so soon thereafter as practicable, fill such vacancy. The person so selected shall hold office for the unexpired term for which he was elected. Said commissioners shall hold office for the terms specified herein and until their successors are elected and qualified. Commission of [Illegible Text], to control hospital, designated. Vacancy, how filled. SEC. 3. Be it further enacted by the authority aforesaid, That said board of commissioners shall be, and they are, hereby given full power and authority: (a) To promul gate and enforce such rules and regulations in the control, operation, management and maintenance of said hospital as may in their discretion be necessary and for the best

Page 694

interest of said hospital and the city of Macon. It shall be the duty of the mayor and council to make penal the violation of any such rules and regulations whenever requested so to do by resolution of said commission. (b) To determine what patients shall be admitted to said hospital and treated as charity patients and at the expense of the city of Macon, and what patients shall be admitted to said hospital for treatment on condition that such patients pay for the services rendered. (c) To provide and maintain a dispensary and free clinic for the benefit of the poor of the city of Macon, and to furnish medicine and medical attention to such persons as may be unable to pay for the same. (d) To specify what physicians and surgeons shall be admitted to practice their profession in said hospital, and no physician or surgeon shall be permitted to enter his patients in said hospital or practice his profession therein until he has first obtained from said commission a permit so to do. Permits granted by said commission are subject to be revoked by them at any time. Professional trained nurses may be granted permits to practice their profession in said hospital upon the same terms and conditions as permits are granted to physicians and surgeons. (e) To select and designate a board composed of reputable physicians and surgeons of recognized standing, character and ability, to be known as the medical staff of the Macon Hospital. The duties, powers and authority of such medical staff shall be such as may be prescribed by said board of commissioners. (f) To conduct a training school for nurses, and to instruct persons in the art of professional nursing and qualify them to register and practice their profession as required by law. Powers conferred on commission. (g) To employ all persons necessary for the operation and management of said hospital and all persons so employed shall be under the direct control and authority of said board of commissioners and shall be subject to be discharged at any time by said commission; and when any person shall be so discharged, he shall have no claim against

Page 695

said board of commissioners nor against the city of Macon for pay from the date of such discharge. (h) To purchase such supplies, furnishings, instruments and equipment and secure such professional and other services as may be necessary to carry into effect the general purpose for which said hospital is owned and maintained. Provided, always, that the power and authority given in this section shall never be held or construed to authorize any acts prohibited, or enlarge any limitations contained in this Act. SEC. 4. Be it further enacted by the authority aforesaid, That said commission shall cause to be correctly kept a set of books showing all receipts, from whatever source derived, and all disbursements made therefrom. Every three months said commission shall file with the mayor and council an itemized statement showing the receipts and disbursements, together with a statement of the money on hand and where deposited. Said book shall be at all times open to the inspection of the mayor and council or any citizen of the city of Macon under proper regulations prescribed by said board of commissioners. They shall have their books audited annually by a certified public accountant and cause to be published once in each year in the official gazette of the city of Macon a complete statement of their receipts and disbursements. Books and Itemized statements. Audit. SEC. 5. Be it further enacted by the authority aforesaid, That all money received by said board of commissioners, from whatever source derived, shall be deposited with some solvent bank or banks selected by them and shall not be drawn therefrom except upon vouchers duly drawn and countersigned under the rules of said commission. The clerk of council shall act as secretary, and the treasurer of the city of Macon shall act as treasurer of said board of commissioners. Money deposited; how drawn

Page 696

SEC. 6. Be it further enacted by the authority aforesaid, That all ordinary expenses of operating and maintaining said hospital shall be paid out of the earnings derived from its operation, gifts and bequests made for such purpose, and from the annual appropriations made therefor by the mayor and council. All special and extraordinary expenditures shall be made from gifts and bequests for such purpose and from funds previously appropriated by the mayor and council for such special or extraordinary purpose. Said commission is hereby authorized and empowered to make and enforce all contracts necessary for the maintenance, control, regulation and management of said hospital and make such contracts calling for special or extraordinary expenditures, as may be necessary; provided, always, that the expenditures made or liability incurred in such contracts for the maintenance, control, regulation and management of said hospital is within the amount of money on hand as gifts and bequests and that derived from its operation, and the annual appropriation previously made therefor; and provided, further, that the expenditures made or liability incurred under any contract for such special or extraordinary expenditure is within the amount of money on hand as gifts and bequests for such purpose and that previously appropriated therefor by the mayor and council. Said commissioner shall never have power or authority to expend any sum of money or incur any liability for the expenditure of money in excess of the money on hand from gifts, bequests and revenue derived from its operation, plus the appropriations previously made therefor as aforesaid. Expenditures. Contracts. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall take such oath of office and file such bond as may be prescribed by the mayor and council. Oath and bond. SEC. 8. Be it further enacted by the authority aforesaid, That the contract and agreement dated October 27, 1914, between the city of Macon and the Central of Georgia Railway Company for the purpose of erecting or causing

Page 697

to be erected the Union Passenger Station in the city of Macon as contemplated by 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 21, 1893, and the several Acts amendatory thereof, and for other purposes, and by an Act of the General Assembly, approved August 12, 1914, entitled: An Act to amend an Act to create a new charter for the city of Macon, approved November 21, 1893, and the several Acts amendatory thereof, to make provisions for the building of a Union Passenger Station in the city of Macon, and for other purposes, be and it is hereby ratified and approved. Contract as to union massenger station ratified. SEC. 9. Be it further enacted by the authority aforesaid, That the city of Macon is hereby authorized and empowered to grant upon such terms and conditions as may be prescribed by the mayor and council of said city to the Central of Georgia Railway Company, its successors and assigns: Grant of lands to railroad. (1) The full area of Mulberry Street and of old court house square (so far as the same exist or have existed) from the original north line of Sixth Street to the present south line of Fifth Street, and (2) The full width of all alleys lying within the tract bounded by the original north line of Sixth Street, the west line of Walnut Street, the present south line of Fifth Street, and the east line of Plum Street; (3) The full area of Poplar Street between Fifth and Sixth Streets except that portion thereof which is to be left open under Article V of the contract of October 27th, 1914, which required the construction of a subway under the tracks crossing Poplar Street; (4) The full width of Plum Street between Fifth and Sixth Streets except the forty (40) foot street provided for in Article VI of the contract of October 27th, 1914. SEC. 10. Be it further enacted by the authority aforesaid, That the city of Macon is hereby specifically authorized

Page 698

to modify and amend the conditions on which the title to portions of the property granted by and included in said contract, or that are authorized to be granted under this Act, shall vest in the grantee or its assigns, by eliminating the condition that the grantee shall have complied with all of the terms and conditions of said contract, as well as of said Act of the General Assembly of Georgia, approved August 18, 1913, and to substitute therefor the condition that the Central of Georgia Railway Company or its grantee the Macon Terminal Company, shall have first erected and constructed a Union Passenger Station or depot at and near the intersection of Cherry Street and Fifth Street as provided in the Act of August 18, 1913, according to plans and specifications heretofore or hereafter submitted to and approved by the Railroad Commission of Georgia and the mayor and council of the city of Macon, including the construction of the Poplar Street subway between Fifth and Sixth Streets, before the title to said property shall vest, as aforesaid. Conditions of vesting of title. SEC. 11. 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 [Illegible Text] upon it or assumed by it under said Acts approved August 18, 1913, and August 12, 1914, or any order of the railroad commission with respect to the building of said union passenger depot, or from any of the obligations or liabilities resting upon it in said contract dated October 27, 1914, but every such obligation and liability, except in so far as they may be modified by contract between the city of Macon and the Central of Georgia Railway Company to the extent authorized by this Act and to no greater extent, shall remain of full force and effect as against said Central of Georgia Railway Company, and the enforcement thereof may be compelled by mandamus or any other appropriate remedy. Obligation of Central of Georgia Railway Company. SEC. 12. Be it further enacted, That nothing contained in this Act shall modify or impair the damages recoverable by property owners on account of the closing of Cherry

Page 699

Street and Wall Street alley under the Act of August 18, 1913, and the Act of August 12, 1914, aforesaid; provided, that said railway company and said terminal company shall be required to pay to the owners of property adjacent to Cherry Street and Wall Street alley lying below and southerly of Sixth Street, compensation for any direct or consequential damage to such property sustained by property owners by the closing of said street or alley and the right to recover such damages shall not be defeated, although there may be means of ingress and egress to and from such property by means of other streets and alleys. Damages to owners of property. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1915. MARIETTA CITY STREET PAVING, ETC. No. 191. An Act to amend an Act entitled an Act to amend the charter of the city of Marietta, in the county of Cobb, so as to authorize the mayor and council of said city to oil, pave and permanently improve, with stone, brick, concrete, wood or with such other substance or material as they may deem best, all that part of the public square in said city used as driveways and to assess and collect from the owners of the properties fronting on said square, equally and ratably, according to their respective frontals, one-third of the cost of such oiling or paving and improvement and to assess and collect from the owner of the car line or company whose tracks occupy said square so much of the cost of oiling, paving [Illegible Text] macadamizing the public square as is occupied by their

Page 700

tracks and eighteen inches on each side of the rails thereof. Also to authorize said mayor and council to oil or pave and improve in the same, or such other manner as they may deem best, all streets intersecting said public square, and to assess and collect from the adjoining property owners on each side of such streets, one-third of the cost of oiling or paving and improving of said several streets, whereon said properties are situated, and in addition thereto, to assess and collect from the car line or car company occupying Atlanta Street and Church Street so much of the cost of oiling, paving or macadamizing said streets as is occupied by their tracks and eighteen inches on each side of the rails thereof. Also to authorize said mayor and council to pave and permanently improve the sidewalks of said city, on all the streets intersecting with, or leading to the public square in said city, and to assess and collect from the adjoining property owners, the cost thereofl; to provide when and how all assessments hereinbefore provided for are to be made, and when and how they may be paid and collected; to provide for statements of the cost of such oiling or paving and improving to all property owners who are affected by such improvements, and when and how executions may issue against the property owners for any oiling or paving or improvements provided for in this Act; to provide for the election by the mayor and council of three commissioners to act in conjunction with said mayor and council in seeing that said oiling or paving is properly done, according to the plans and specifications; to provide for an election to be held as other elections are held in said city for mayor and councilmen, for the ratifying of the provisions of said Act; to provide that said Act shall not go into effect until

Page 701

ratified by a majority of the qualified voters of said city at an election called for that purpose, at such time as the mayor and council may see fit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act entitled An Act to create a new charter for the city of Marietta in the county of Cobb, and to consolidate and declare the rights and powers of said incorporation, and for other purposes, approved August 15, 1904, be, and the same is hereby amended by striking Section 34 and inserting in lieu thereof the following: The mayor and council of said city is hereby authorized and empowered to oil, pave and permanently improve with stone, brick, concrete, wood or such other material as they may deem best, all that part of the public square in said city used as a driveway, and to assess and collect from the owners of properties cornering or fronting on said square, equally and ratably, according to their respective frontals; provided, the owners of properties cornering on said square shall be assessed the same as shall be assessed against an owner for 25 feet frontal on said square, one-third of the cost of such oiling or paving and improvement, and to assess and collect from the owner of the car line or car company whose tracks occupy said square so much of the cost of oiling, paving or macadamizing the public square as is occupied by their tracks and eighteen inches on each side of the rails thereof. Also to oil or pave and improve in the same manner, or such other manner as they may deem best, all streets intersecting said public square and to assess and collect from the adjoining property owners on each side of such streets one-third of the cost of the oiling or paving and improvement of said several streets, and in addition thereto to assess and collect from the car line or company occupying Atlanta Street and Church Street so much of the cost of oiling, paving or macadamizing said streets, or other streets of said city as may hereafter be occupied by said car line, or car company, as is occupied by their tracks

Page 702

and eighteen inches on each side of the rails thereof. Also to pave and improve the sidewalks of said city on all the streets intersecting with or leading to the public square in said city, and to assess and collect from the owners of property abutting on said streets the cost thereof. Said authorities shall provide when and how all assessments hereafter provided for are to be made, and when and how they are to be paid and collected, and also provide for statements of the cost of such oiling or paving and improvements to be rendered by said authorities to all property owners who are affected by such improvements, and further provide when and how execution may issue against the property owners for any paving, oiling or improvements provided for in this Act; provided, the owner of property abutting on any street improved as provided for herein, said owner may either pay for same in cash within thirty days from the completion of said improvements or in not less than five equal annual installments together with interest thereon as fixed by said mayor and council. Act of [Illegible Text] amended. [Illegible Text] Oiling and [Illegible Text] Assessments. Payments. Before proceeding with said oiling or improvements, the mayor and council shall elect three commissioners known as the street paving committee, who shall act in conjunction with said mayor and council in the construction of said paving or oiling and improvements. Provided, said commissioners so elected shall hold office, and whose term of office shall expire with and at the same time that the term of office of the mayor and council electing them expires, and who shall each and all serve without compensation, and be removable at the pleasure of said mayor and council, and vacancies occurring either by death or otherwise, shall be filled in like manner. Provided, that this Act shall not become operative until it shall have been submitted to a vote of the people of said city at the next regular city election, or at a special election called for the purpose by the mayor and council, of which at least thirty days' notice shall have been given, and if at said election a majority of the qualified voters of said city shall declare for the ratification of this Act, then upon a proclamation of the mayor and council,

Page 703

this Act shall at once become law. Said mayor and council shall prescribe and prepare the ballots to be used at such election by which the voters shall declare for or against the ratification of this Act. Commissioners of street paving. This Act effective if ratified by popular vote. 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, 1915. MARTIN, TOWN OF; AUTHORITY TO CONTRACT, ETC. No. 146. An Act to authorize the town of Martin to make all contracts necessary for the welfare of said town; to issue bonds for the purpose of purchasing, erecting, repairing and enlarging buildings for educational purposes and other municipal buildings; to condemn private property for public use, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Martin be, and it is hereby, authorized to make all contracts, under seal and otherwise, not in conflict with the Constitution and laws of this State, necessary for the welfare of said town. Contracts. SEC. 2. Said town of Martin is authorized to issue bonds in accordance with the laws of this State, for the purpose of purchasing, erecting, repairing and enlarging buildings for educational purposes, and any other municipal buildings deemed necessary. Bonds, issue of. SEC. 3. Said town of Martin is authorized to take or damage private [Illegible Text] for public purposes as provided by law. Eminent domain.

Page 704

SEC. 4. All laws in conflict with this Act are hereby repealed. Approved August 14, 1915. MAYSVILLE, TOWN OF; REPEAL OF AMENDMENT. No. 265. An Act to repeal an Act, approved August 17, 1912, entitled An Act to amend an Act to incorporate the town of Maysville in the counties of Jackson and Banks, and to re-enact Section Eleven (11), pages 992 and 993 of the Acts of 1905, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Acts of 1912 approved August 17, 1912, pages 1118 and 1119, are hereby repealed and that the law as enacted by the Acts of 1905, approved August 18, 1905, Section Eleven, on pages 992 and 993, is hereby re-enacted. 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 August 16, 1915. MIDVILLE, CITY OF, INCORPORATED. No. 209. An Act to incorporate the town of Midville, as the city of Midville and to confer additional powers on said corporation, and to amend and supersede all previous Acts

Page 705

incorporating the town of Midville and to grant a new charter to said town, under the name of the city of Midville, and for 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 territory now embraced in the town of Midville, and which is described in the amended charter of the said town as follows: The corporate limits of said town shall extend one mile in all directions from the Central of Georgia Railway Company's depot, in said town, except where said mile limit extends beyond the Burke County banks of the Ogeechee River and on that side, the bank of the river shall be the limit of said town, be and the same is hereby incorporated as the city of Midville. Territorial limits. Name. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of the city of Midville shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of Midville, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the city of Midville, any estate or estates, real or personal, of every character, kind and nature, within or without the jurisdictional limits of said city for corporate purposes; and shall, by said name be capable of suing and being sued in any court of law in this State, and shall succeed to all rights and liabilities of the town of Midville. Government. Corporate name. General powers. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Midville shall hold the same position in the city of Midville until the first Wednesday in January, 1916, when an election shall be held to fill the office of mayor and council for the term of one year and on the same date annually thereafter. Mayor and council hold. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Midville

Page 706

shall have the right to elect a clerk of council who shall be ex-officio treasurer of said city, and who shall qualify by giving bond in such sum as may be fixed by the mayor and council of not less than five hundred ($500) dollars, conditioned for the faithful performance of the duties of his office. Clerk and treasurer Bond. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices mentioned in the preceding sections, by death, resignation, failure to elect, removal from office, removal from the city or otherwise, said vacancy shall be filled by an election by the remaining members, a majority being sufficient to elect. Vacancy in office. SEC. 6. Be it further enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, or in the absence of a judicial officer by three freeholders, all of whom shall be citizens of said city. Each of said managers, before entering on his duties shall take an oath before one of the managers that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power and that said manager shall keep or cause to be kept two lists of voters and two tally sheets of said election, one list of voters and one tally sheet shall be filed by the managers with the clerk of council, and one list of voters and one tallysheet, together with the ballots, shall be sealed up and deposited in the office of the clerk of the Superior Court of Burke County. The clerk of council and the clerk of the superior court shall, at the expiration of sixty days from said election, destroy said list of voters and tally sheet, provided no contest has been instituted. The clerk of the superior court shall likewise destroy the ballot without opening the same. Elections, conduct of. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council shall, by ordinance, prescribe the voting place in said city, and the polls at all elections whether regular or special, shall be opened at

Page 707

nine A. M. and closed at three P. M. In case of the election of mayor and council, the persons receiving the highest number of votes for the respective offices, shall be declared elected and the managers shall so certify to the mayor and council. Voting place. SEC. 8. Be it further enacted by authority aforesaid, That on the day after the election or as soon thereafter as practicable, the persons who have been certified to as elected by the managers shall appear at the council chamber and take and subscribe the following oath: I, _____do solemnly swear that I will truly perform the duties of mayor (or alderman, as the case may be) of the city of Midville, to the best of my skill and ability, so help me God. Oath of office SEC. 9. Be it further enacted by the authority aforesaid, That all persons who shall have paid all taxes, legally imposed and demanded by the authority of the city, who are bona fide residents of said city, for sixty days previous to opening the registration lists hereinafter provided for, and who have resided within the county of Burke for six months and the State of Georgia for 12 months prior to said time, shall be qualified to vote at said election. Qualification of voters. SEC. 10. Be it further enacted by the authority aforesaid, That the clerk of such other person as may be designated by the mayor and city council shall open a list for the registration of voters not less than ten nor more than fifteen days, immediately preceding any municipal election that may be held in and for said city, of which intended registration, the place and time thereof, and the purpose of the election to be held, he shall give notice by posting the same at the voting place in said city and at such other places and in such other manner as the mayor and council may direct for a period of five days before opening said registration. He shall keep open books or registration lists from nine A. M. to 12 M., and from 2 P. M. to 5 P. M., for a period of two days, when the same shall finally close. Registration of voters.

Page 708

SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the registrar, when any person applies for registration to satisfy himself that the applicant is qualified to vote under the terms of this Act and when so satisfied, he shall register the name of such person and furnish him a certificate to that effect. The registrar shall arrange a list of the names registered in alphabetical order, and post a copy of the same before the voting place in said city at least four days before the election and shall, upon the opening of the polls, furnish the managers of said election with a certified list of those registered for said election. Duty of registrar. SEC. 12. Be it further enacted by authority aforesaid, The mayor shall be the chief executive of the city of Midville, he shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced and that all the officers of the city shall faithfully discharge the duties required of them. He shall have general jurisdiction of the affairs of the city; he shall preside at all meetings of the mayor and council; he shall have the right to vote at elections for officers and upon all other persons before said body except upon questions where he is disqualified by reason of interest, relationship or otherwise. Mayor's duties and powers. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor, or in his absence the mayor pro tem., elected by the mayor and council, shall, as often as may be necessary hold a police court to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city. Said mayor's court shall have full power and authority to force the attendance of witnesses, to punish for contempt, and upon conviction, to sentence offenders to imprisonment for a term not exceeding four months, or to labor upon the streets or public works of said city for a term not exceeding four months or to impose a fine not to exceed one hundred ($100) dollars. Either or all of said penalties may be imposed in the discretion of the court. Mayor's court. Powers to punish, etc.

Page 709

SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and each of the aldermen shall be bound to see that all laws and ordinances are properly enforced, and shall be ex-officio justices of the peace, so as to enable each one of them to issue warrants for the violation of the criminal laws of the State committed within the city of Midville, and the mayor or in his absence, the mayor pro tem., shall have full power on examination to commit the offenders to the jail of Burke County or to require bail of them to appear before the court having jurisdiction. Warrants for violations of law. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power to appoint or elect such officers as may be deemed necessary or proper and shall have power to regulate the time, mode and manner of electing or appointing such officers and agents; to fix their compensation; to require and take bond from them; to prescribe their duties and oaths of their respective offices, and may in their discretion, suspend, remove or discharge any such officer with or without cause. Officers. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority by ordinances to assess, levy and collect an ad valorem tax on all property, real or personal, within the incorporate limits of said city, said tax not to exceed five mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding house (when boarders are taken for less time than a month), livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, vendue masters, itinerant trades, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clocks and stove peddlers, and peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of goods, wares, merchandise, liniments, nostrums, of any nature whatsoever. Every kind of billiards, pool or bagatelle agent, except for public use,

Page 710

every keeper of a shooting gallery, tenpin alley, or keeper of any other table, stand or place for the performance of any game or plays, whether played with sticks, balls, rings or other contrivances, upon the keeper of flying horses, bicycles, velocipedes, skating rinks, and upon insurance agents of every kind, express agents, express companies, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter houses, beef markets, and green groceries; upon every junk shop, pawn broker and upon all other establishments, businesses, callings, or avocations not heretofore mentioned, and which under the laws of Georgia are subject to license to tax. Taxation, license and regulation of occupations. SEC. 17. Be it further enacted by authority aforesaid, That the mayor and council shall have power to require each male citizen of said city, between the ages prescribed by law for working public roads to labor on the public works and streets of said city (except those who may be exempt by the laws of the State), when notified to do so for four days in each year, or to pay a commutation tax of not more than $3.00 in lieu of such work. Street work or tax. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to elect three assessors, freeholders of said city, whose duty it shall be to appraise and assess for taxation all the property, real and personal, within the limits of said city. Tax assessors. SEC. 19. Be it further enacted, That said mayor and council shall have power to fix, establish fire limits, and from time to time to change, enlarge or restrict the same, to provide a fire department and systems of fire alarms in said city, and within the fire limits it shall be unlawful for any one to build, or cause to be built, other than fire-proof buildings, and in case of offense against ordinances, passed in pursuance of this section, the mayor and council after five days' notice shall cause any such non-fire-proof building to be removed at the expense of the owners or builders thereof, to be collected by execution as in the case of other executions issued by said city. The mayor and council

Page 711

shall have the right to say what are, or are not fire-proof buildings. Fire control. SEC. 20. Be it further enacted by authority aforesaid, That the mayor and council shall have power and authority to remove or cause to be removed any forge or smith's shop or furnace or other thing, which, in their opinion, shall be necessary to insure safety against fire. They shall have power to cause any stove pipe, smoke stack or other thing which will endanger the city, as to fire, to be removed or remedied at the expense of the owner. Removal of fire danger. SEC. 21. Be it further enacted by authority aforesaid, That the mayor and council shall have power and authority to enforce by execution the collection of any amount due for license, fees and taxes and assessments of every kind, fines, forfeitures, and for any debt or demand due the city, such execution to be issued by the clerk in the name of said city of Midville, against the person, firm or corporation, by whom any such debt may be due; that it shall be the duty of the marshal to levy all executions in favor of the city, and after advertising for such time as may be fixed by ordinance (which shall not be less than four weeks in case of real estate), to sell at public outery to the highest bidder for cash during the legal hours of sale any property which he may levy upon under any such execution. Such sale to be held at the place fixed for the same by the authority of the mayor and council of said city. Execution, levy and sale. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to establish police rules and regulations, to adopt all ordinances, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. Police powers. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to establish such quarantine regulations as in their judgment may seem proper, and not inconsistent with the laws of this

Page 712

State and the United States, and they shall have ample power to enforce the same. They are also authorized to elect a board of health for said city. The members of said board to hold office for one year, or unfil their successors are elected, to be three in number, at least one of whom shall be a resident practicing physician, and one a member of the city council. Said board may elect its own president, arrange its own meetings, and shall have authority to make all needful sanitary rules and regulations for the preservation of the health of said city, and to prevent the spread of infectious and contagious diseases; to provide for compulsory vaccination, when necessary, and shall have the right, at any time, to inspect private lots and premises and shall report all nuisances affecting the health, to the mayor and council for abatement, and shall at such time as the mayor and council require, submit reports of their work, and make such suggestions and recommendations as they may see proper. The rules formulated by said board of health when approved by the mayor and council shall have the same binding force and effect as ordinances. Quarantine. Board of health. Sanitation. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to lay off, vacate, close, open or alter streets, sidewalks and alleys, to cut, open and keep clean through all lots necessary ditches and drains, and to punish for obstructing the same after allowing property owners reasonable compensation for damages, the amount to be ascertained in such mode and manner as is prescribed by the laws of Georgia in similar cases; and also condemn for corporate purposes either within or without the incorporate limits of the said city; to lay water mains, pipes and sewers that may be deemed necessary in and along the streets and alleys of said city or across private property when the right to do so shall have been obtained either by purchase or condemnation proceedings held according to law; to erect and maintain all necessary equipment for a lighting system for said city; to grant franchises in and along the streets and alleys of said city to private persons or corporations for the purpose

Page 713

of constructing telegraph and telephone lines or electric light poles and wires. Said city shall also have the right and authority to own and operate its own lighting and water works systems. Streets and sidewalks. Condemnation of property. Lights and water. SEC. 25. Be it further enacted by authority aforesaid, That the mayor and council shall have authority to prescribe such regulations as they may deem proper to prevent hogs, cattle, horses, sheep, dogs and other animals as well as fowls of all kinds from going at large in said city. Animals at large. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said city to prosecute all offenders against the laws of the State, for crimes committed within the limits of the said city and to arrest all offenders against the ordinances of said city and all disorderly persons and persons committing or attempting to commit any crime, and commit them to the guard house or other place of confinement to await trial. It shall also be the duty to execute all processes and orders of the mayor and council and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said city. The duties herein prescribed for the marshal shall extend alike to such assistants, or other police officers as the city may employ. Marshal's duties. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to levy any and all taxes necessary for the purpose of paying interest on the bonded indebtedness of said city, as well as to provide the necessary sinking fund for the purpose of retiring the bonds now outstanding against the town of Midville, as well as any bonds that may be issued by the city of Midville. It being expressly enacted that the city of Midville shall be liable for all debts, liabilities liabilities and contracts of the town of Midville, now outstanding. Bond tax. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 714

MILLEN, CITY OF, CHARTERED ANEW. No. 105. 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 when 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 amended or repealed 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 to provide for appeals therefrom; to provide for a city chaingang and the working of persons therein 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; to prescribe the rights, powers, duties and liabilities of the same; to authorize

Page 715

the mayor 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 [Illegible Text] 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, lanes, avenues, 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 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 [Illegible Text] 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 this Act to the vote

Page 716

of the people of said city; 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, and on the east by Harvey Street, on the south by Winthrop Street, and on the west by Cleveland, said lot containing two acres, more or loss, be incorporated under the name and style of the city of Millen, and the said city of Millen is hereby incorporated, and by that name and style shall have perpetual succession. Territorial limits. Corporate name. 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 name, or in the name of others, to the use of said city for the purpose and intents for which the same

Page 717

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 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 and the Constitution and laws of this State or the United States. Powers. SEC. 3. Be it enacted by the authority aforesaid, That the municipal government of the city of Millen shall be vested in the mayor and five councilmen, to be elected as hereafter provided, and such other officers as the 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 [Illegible Text] 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, [Illegible Text] cabs, wagons, airships, livery and [Illegible Text] stables, hitching places, butcher and slaughter pens, markets, public houses hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theatres, picture shows, dance halls and other places of 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 and every other matter or thing whatsoever that may be them be [Illegible Text] necessary or proper or incident to the good government

Page 718

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. Legislation. Regulation. Powers not hereby restricted. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Thursday in January, 1916, 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 W. E. Allwood shall hold their offices and discharge the duties thereof until the first election under this charter to be held on the first Thursday in January, 1916. 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 and terms of mayor and councilmen. Tenure of present officers. 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,

Page 719

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 Four 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. Non-performance or misconduct. Vacancy in office. Hearing. 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 for 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. [Illegible Text] of voters. 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 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,

Page 720

age, occupation, color, in said registration book. The registration book shall be closed twenty days before an election, and no person 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 punished as in other cases of false swearing under the laws of this State. Registration of voters. Oath. SEC. 8. Be it further enacted by the authority aforesaid, That there may be an appeal from the decision of the registrar 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 and determined within fifteen days from the close of the registration book. After all appeals are decided it shall be the duty of the registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. The registration book shall be

Page 721

opened to inspection of the public at all times during office hours. Appeal from registrar's decision. 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 books for the election just preceding. Special registration for bond election. 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 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

Page 722

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 refuse to take said oath. And any person voting illegally in 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 voter. [Illegible Text] 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 council may by ordinance prescribe. The polls shall be open at eight o'clock, a. m., and close at four o'clock, p. m., solar time at all elections. Conduct of elections. 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 [Illegible Text] shall threaten or intimidate or persuade any elector at such election. Order to be preserved. Voter not to be intimidated. 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

Page 723

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 by said clerk in his office and duly recorded by him on the minutes of the board of councilmen. The persons who shall receive the largest number of votes 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 in thirty days of the election at which the tie occurred. Returns of election. Election in case of tie vote. 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 councilmen, 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 councilmen unless he shall have attained the age of twenty-one years, be a qualified elector of the city of Millen, and shall have resided in the city of Millen one year preceding his election. Eligibility 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

Page 724

receive a salary to be fixed by the board of councilmen, not to exceed the sum of six hundred dollars per annum. He shall be the executive officer of the city of Millen and shall have general supervision over its affairs. He shall sign all deeds and contracts except deeds made for property sold at public sales 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 incorporate 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, without leave from the board of councilmen. Mayor's term of office, salary, duties and powers. 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 four dollars for every session of the board of councilmen actually attended by him; that no councilman shall receive more than one hundred and fifty dollars per annum, in the aggregate. Said compensation herein provided for shall be in full for all services rendered to 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 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. 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 conduct unbecoming an officer of the city of Millen he shall be subject to impeachment by

Page 725

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 or disqualification 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 the duties of the mayor, the board of councilmen shall select 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 mayor pro tem. Mayor pro tem. Oath. Chairman. 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 questions as to whether said resolution, ordinance or other action shall become adopted over said 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 yeas and nays shall 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 and resolutions.

Page 726

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 by 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 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 or laws 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 laws and 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 officers. Terms. Pay. Powers and duties. 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 within the limits of the city of Millen. In case any crime is committed in the presence of the chief of police or other officer, or comes to their knowledge, it shall be their duty to prosecute same without such notice. Chief of police.

Page 727

SEC. 24. Be it further enacted by the authority aforesaid, That the chief of police shall give bond in the sum of two thousand dollars for the faithful performance of his duties as such. In case of 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 board of councilmen, shall elect a successor for the unexpired term or until the removal of his disabilities. Bond. Vacancy. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall elect a chief of fire department and any other officers and men thereof, and shall have power to suspend or remove any of them whenever they shall deem it necessary for the well being and efficiency of the department. They shall have power to prescribe all rules and regulations for the general management of the officers and men of this department and fix by ordinance the salaries of the same. The chief and all members of the fire department shall be elected for one year, but may be removed or suspended, as hereinbefore set out. Fire chief and firemen. 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 fit and proper, a board of commissioners for its water and light plant, to be known as the water and light commission. Said 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 the full power and authority to maintain, extend, and 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;

Page 728

to purchase, to rent and lease real estate, apparatus and machinery and all other things necessary to properly and successfully conduct said light, and to collect, to receive, and disburse all money 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 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 vote of the mayor and board of councilmen held at the time, which shall not be increased nor 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 member of said board the mayor and board of councilmen shall, at the next regular meeting thereof, elect a successor to said member for his unexpired term so that there shall be at all times three members of said board. Water and light commission. Powers. Reports. Compensation. Clerk. Vacancy. 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 their term of office. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public

Page 729

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. Health board. Powers. SEC. 28. Be it further enacted by the authority aforesaid, That said board of health shall have full power and authority to declare by resolution what acts and things shall be deemed nuisances, injurious to health, how and within what time the same shall be abated, and likewise to declare by resolution 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 named 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 regulation 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. Nuisances Ordinances. Punishment. 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 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 actions and doings to the mayor and board of councilmen every three months, 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

Page 730

of business, except in times of epidemics, and two members shall have power to act. The record of proceedings of this board shall be opened 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 places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all of 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 the said city, with which they have professional relation, which reports shall be turned by the said board to the city clerk. That whenever any member of the 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. Powers and duties of board of health. SEC. 30. Be it further enacted by the authority aforesaid, 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 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 inforced by fine or imprisonment, or both, in the discretion of said mayor and board of councilmen. Summary abatement of nuisance. 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;

Page 731

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 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 of said property a sale by said sheriff under judgment and execution shall be had and said owners are subject to punishment for maintaining a nuisance. Drainage and filling of lots. SEC. 32. Be it further enacted by the authority aforesaid, That in addition to the officers already named, there shall be a treasurer, 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 council 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. Other officers of the city. 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 power, faithfully and efficiently perform the duties of his office without favor or affection to any one. He shall make itemized reports of all receipts and disbursements, and shall 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.

Page 732

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 city treasurer in the presence of the mayor and councilmen. Clerk. 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 all 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 of police and city marshal, and electing the same person to fill both offices. Marshal. 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 city attorney, city engineer, and all other officers of the city whose duties are not herein prescribed; to fix their salaries and the amount of bond they shall give for the faithful performance of their duties, and prescribe the oath to be taken by them. Attorney. 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

Page 733

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 and confirmation of appointments. 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 and regulations necessary and proper to secure the efficient and successful administration of the business of this, the police, or mayor's court. Police court. 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 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 the same shall operate as a supersedeas until the same 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, the said certiorari shall operate as a supersedeas, until there is a final determination of said case in the 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 the event the same is affirmed; provided, that appeal from the mayor's court to the council shall be made within two days. Appeal and certiorari. Bond for appearance.

Page 734

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 the hours of sale therein; to prohibit the sale of marketable commodities elsewhere within the city or at any other time; 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 streets, lanes, sidewalks, parks, and public lands of said city. 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, pole, or other obstruction thereon; and if the owner of same shall fail and refuse to remove same within such removable time as may be fixed by the mayor and board of councilmen after notice thereof served upon such owner, his agent or tenant in charge, then the city authorities may remove 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

Page 735

discretion it may be necessary or proper to do so; and no person or corporation shall at any time hereafter lay out, open, or extend any street, lane, alley, sidewalk, park or square, contrary to the original plan of the city, without the consent of three-fourths of the mayor and board of councilmen by vote had at a regular meeting, and any application for this purpose shall be filed with the city clerk, with the 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 the event the mayor and councilmen shall vote as aforesaid to permit the opening or extension applied for, then the owner shall relinquish all right and title thereto, and the same shall pass to and become vested in the city and all management and control over the same shall pass, irrevocably, to said city. They shall have full and complete power and authority to condemn property and exercise the right of eminent domain, for the purpose of laying out and opening new streets, lanes, alleys, 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 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 the owner, trustee, executor, administrator, guardian, agent, or fiduciary, in the manner provided by Section 4657 to 4685, inclusive, of Volume Two of the Code of Georgia of 1895, and Acts amendatory thereof. Control of streets, parks, etc. Opening and improvement of streets, etc. 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 times as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the

Page 736

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 railroad. 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 [Illegible Text] 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 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 execution against said owner, and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the chief of police or marshal of the city, the same advertised and sold at public auction, in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said chief of police, or marshal shall make to the purchaser a good and valid deed thereto conveying title as fully and completely as the sheriffs of this State are authorized to do at public sales under judgment and execution. The city of Millen shall have full power and right to bid on and purchase said property at said sale if it chooses to offer the highest bid therefor, whereupon said deed shall be made to said city. Said chief of police or marshal is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Assessment for street improvements SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall have full power and authority to grant encroachments upon the

Page 737

streets, sidewalks, lanes, alleys and lands of the city, upon such terms and in such manner as may be prescribed by ordinance; and, for a valuable consideration to vest in the purchaser absolute title thereto. This power shall be exercised with caution and due regard shall be had to the rights of the city and to all property owners to be affected thereby. Encroachments. 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 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, or any other thing which shall endanger the city by exposure to fire, whenever in their opinion it shall be necessary as a precaution against fire. They shall also have power and authority upon proof of the existence or maintenance of any bawdy house, or ill fame, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse, to leave after three days' notice. License and regulation 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 animals 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. Animals at large. SEC. 47. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen are hereby

Page 738

expressly authorized and empowered to pass and enforce an 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 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 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 anyone erect or cause to be erected any building or structure other than as above mentioned within said fire limits, the mayor and board of councilmen, after giving five days' notice, shall cause the same to be removed at the expense of the owner, and such expense shall be collected by execution as in other cases. Fire limits, buildings, etc. 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, 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 taxes are not in conflict with the laws of this State. They shall have power and authority to tax theatrical performances, circuses, street parades, exhibitions, or shows of any kind within the corporate limits of the city. They shall also have power and authority to levy and collect street tax upon every male inhabitant of the city subject to road duty between the ages of sixteen

Page 739

and fifty years; provided, that 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 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 the streets at their discretion. Taxation [Illegible Text] and specific. 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 manner and mode as they may deem best; provided, that in no case shall a tax or license imposed exceed one dollar per capita per annum upon said dog. Dog tax. SEC. 51. Be it further enacted by the authority aforesaid, That the public school of the city of Millen shall be controlled by a board of education, to be elected by the 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 of said city, matriculation fees not exceeding four dollars per annum, said fees to be paid to and disbursed by the treasurer of said board as other public school funds. Public school. 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 exceeding one-fourth of one per cent. on the taxable property of said city, for the support and maintenance of said public schools. Tax for schools. SEC. 53. Be it further enacted by the authority aforesaid, That all sales of property under execution in favor

Page 740

of said city of Millen shall be advertised in the official gazette of said city, and such sale shall be made and conducted in the same manner as sheriff's sales under execution in the county of Jenkins. Sales under execution. 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 water or other substances or fluids in said city; they shall have 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 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 for 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 to be erected and put in use, which do not conform to the 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 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 connection to be made and provide all necessary fixtures therefor, and assess the cost of the same against the real estate of the property owner on which the same is done. The city clerk shall issue execution against said property owner 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, except liens for taxes;

Page 741

and the chief of police or marshal shall levy the same on the 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 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. Sewers and drains. Sanitary regulations. Execution, levy and sale. Punishment for nuisance. 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 at a fair market value to the best of their skill and knowledge. In case any property holder or tax payer shall be dissatisfied with any assessment so made by said assessors, he may appeal to the mayor and board 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

Page 742

per day to each for every day actually engaged in said work. Assessment for taxes. 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 times 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. Payment of taxes. 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. 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 act and thing necessary or incident to the safety of the same and of the public. Automobiles, bicycles, etc. SEC. 60. Be it further enacted by the authority aforesaid, That said mayor and board of councilmen shall have

Page 743

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, nitroglycerine and other explosives within the city limits. Explosives, oils, etc. SEC. 61. Be it further enacted by the authority aforesaid, That the 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 to the same. Railroad trains. SEC. 62. Be it further enacted by the authority aforesaid, That the 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. Franchises in streets. 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 contract 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. Light and water contracts. 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

Page 744

least one examination and report every year, and shall fix the compensation of said accountant for the same. Audit of books. 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 retiring 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 case of the absence or disqualification of both the mayor and mayor pro tem., any member of the councilmen 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, and imprisonment in the city jail or in the county jail, by permission of the county authorities, 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, in the discretion of the trial court. For any violation of the laws or ordinances of the 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 to be given, said bond to be approved by the chief of police or city attorney. 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

Page 745

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 under the existing laws of the State of Georgia, the right of certiorari in accordance with said laws being hereby given. Mayor's court. Punishment. Appeal. [Illegible Text] SEC. 67. Be it furhter enacted by the authority aforesaid, That if, on the trial of any person before the mayor, mayor pro tem., or city council, for a violation of any law or ordinance 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 to, before the court having jurisdiction of the same for the offense committed. Offenses against State laws. SEC. 68. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to make and establish by ordinance a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time 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 city council be required to prorate the amount of any license for a term less than a 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. [Illegible Text] 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 the said city of Millen, and has given bond for his or her appearance

Page 746

before the proper authorities to answer such charge, fails to appear at the time and place specified in the bond, said bond shall be declared forfeited and 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 forfeiture nisi, why the bond should not be [Illegible Text] forfeited, copies of which shall be served upon the principals 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 securities on the bond or such of them as have been served for the full amount thereof, and all costs, which shall include the costs 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 upon judgments in the justice or the 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 of whom the same may be levied. Forfeiture of bond. SEC. 70. Be it further enacted by the authority aforesaid, That this Act shall not abolish any of the ordinances now in force in said city except where they may come in conflict with this charter, but shall preserve and continue the same. Ordinances continued of force. SEC. 71. Be it further enacted by the authority aforesaid, That at an election to be held on the fourth Wednesday in August, 1915, this Act shall be submitted to the qualified

Page 747

voters of the city of Millen for ratification, and those favoring this Act shall place upon their ballots 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 ten days' notice of the day on which said election shall be held, and same shall be held under the rules govering elections under the existing charter. Election to ratify this new charter. SEC. 72. Be it further enacted by the authority aforesaid, That the Act of the General Assembly, approved August 20, 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. Parts of Act of 1906 effective. SEC. 73. Be it further enacted by 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, 1915. MORVEN, TOWN OF; POWER OF CONDEMNATION. No. 40. An Act to amend an Act to incorporate the town of Morven in the county of Brooks, approved November 28, 1900, by giving to the mayor and council of Morven the right of eminent domain, and the right to condemn land within or without the corporate limits of said town for public purposes, upon paying to the owner of said property damage sustained as a result of the condemnation, and for other purposes.

Page 748

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act entitled An Act to incorporate the town of Morven, in the county of Brooks, State of Georgia; to define the corporate limits of said town; to provide for a mayor and aldermen and other officers for said town; to prescribe their powers and duties; to confer upon the mayor and aldermen of said town the power to enact municipal ordinances for said town and to provide for the enforcement of said ordinances, and for penalties for the violation of the same; to provide for all matters of municipal concern of said town and for other purposes, approved November 28, 1900, be and the same is hereby amended so as to confer upon the mayor and council of the town of Morven the powers and authority hereinafter set forth, and to add to said charter of the town of Morven matters hereinafter contained. Act of 1900 amended. SEC. 2. Be it further enacted by the authority aforesaid, That the town of Morven is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said town for 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 of the streets, alleys or ways of said town, and for other purposes, and to pay the owners of said property the damages incident to said 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 said purposes may be owned by a railroad or other quasi-public corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Condemnation of property. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915.

Page 749

NASHVILLE CITY CHARTER AMENDED. No. 255. An Act to amend an Act incorporating the city of Nashville in Berrien County, Georgia, so as to create within the territorial limits of said city of Nashville, Georgia, a special school district in and for said city to be known as the city of Nashville school district; to provide for the election of certain officers therefor; to grant power and authority to such officers; provide for the levying of taxes upon the property within the limits of said city of Nashville for the maintenance of said school; to provide plans and means whereby the proportionate part of the funds to which the children within the limits of said city shall be received from the State School Commissioner and how the children to attend said school living without the limits of said city of Nashville shall have their proportionate part of the funds to which they shall be entitled from the State, pro rata, paid over by the county school superintendent to school herein to be created, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Act approved December 17, 1900, be and the same is hereby amended as follows: Amend Section Three (3) of said Act by striking out the word January wherever it appears in said paragraph, and inserting in lieu thereof the word December, so that said paragraph when thus amended shall read as follows: Sec. III. Be it further enacted, That on the second Tuesday in December, 1901, there shall be held in said city an election for mayor, who shall hold his office for one year, and until his successor is elected and qualified, and six aldermen, three of whom shall hold

Page 750

their offices for one year, and three of whom shall hold their offices for two years, and until their successors are elected and qualified. At said first election the voters shall designate upon their said ballots the three men they wish to hold for one year and the three they wish to hold for two years. At said first election all persons residing within the corporate limits aforesaid for six months who would be entitled to vote for members of the General Assembly shall be qualified electors. After said first election there shall be held annually, on the second Tuesday in December, an election for mayor and three aldermen. At such subsequent elections all persons who shall have been bona fide residents of said city for six months before the day of election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such elections shall be conducted under the management of a justice of the peace and two freeholders, who are electors of said city and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock A. M. and closed at three o'clock P. M. After the first election under this charter the mayor and city council may appoint any three freeholders, or any two freeholders and a justice of the peace, who are electors of said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or justices of the peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so, according to the charter of this

Page 751

city, nor knowingly prohibit any one from voting who is so 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 before some officer authorized to administer oaths, if any such be present; and if no such officer be present, said oath may be made and subscribed by each manager in the presence of the others. The manager acting at first election under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said city. Said certificates 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 and each of the aldermen elected a like certificate, and shall also certify the result of the election to the act ing council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally sheets of said election certified by them as correct. Act of 1900 amended. To be read. Election and terms of office of mayor and councilmen. SEC. 2. Amend said Act further as follows: By adding new paragraph, to be numbered consecutively, and to begin with Paragraph XLVI, which section when added shall read as follows: Sec. XLVI. Be it further enacted by the authority aforesaid, That from and after the passage of this Act all the territory included in said city of Nashville shall be and the same is created into the city of Nashville school district; that for the organizing and putting into effect schools in and for said district, there shall be a board of education in and for said city of Nashville, whose duty it shall be to manage, control, maintain, and establish, as hereinafter provided, public schools in and for said city of Nashville; said board of education to consist of five members, to be elected by the qualified voters of said city of Nashville at the earliest time practicable after this Act goes into effect. At the first election to be so held, two members

Page 752

of such board 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 the same time as elections are held in and for said city for mayor and councilmen, and the members of the board of education to be elected after the first election shall each and all 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 shall be eligible to membership on said board except such persons as would be eligible to election as councilman, and no person shall be eligible 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. Schools. Board of educations. Education and terms of office. Vacancies. Oath. Eligibility. Powers. SEC. XLVII. Be it further enacted, That the officers of said board of education shall be a president, vice-president, secretary and treasurer, all which officers shall be elected by the members of said board, and they may elect such other officers as they may deem advisable (each and all of said officers to be elected from the membership of said board). 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 said board of education to faithfully account for all moneys going into his hands as such officer and for a faithful discharge of his duties, which said bond shall be made payable to said board of education, their successors and assigns, and the said board of education is hereby

Page 753

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 in the same manner as suits may be maintained in actions brought against county treasurers in this State, and the proceeds derived upon recovery thereon shall be applied to the public schools of said city of Nashville; said secretary and treasurer shall pay out no moneys except upon written order of the board. His term of office shall be for one year, and until his successor is elected and qualified. Officers of the board of education. SEC. XLVIII. Be it further enacted by the authority aforesaid, That said board of education shall have power, and it is hereby made the duty of said board to speedily devise, design, adopt and establish under this Act a system of public schools in and for said city of Nashville, to modify the same from time to time, to establish such schools as they may see fit for white children and also for colored children of said city of Nashville, and which, for the races, shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and town council of said city of Nashville. Duties of board. Race separation SEC. XLIX. 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 of said city, or any other interested citizen of said town; said board shall supervise, regulate and make efficient said school system; shall prescribe the curriculum and books to be used in said school, such books to be selected so far as the common school grades are concerned from the text books adopted for such grades in the public schools of the State; 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 beginning and

Page 754

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 to the best interest of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by anybody or any 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 the proper 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 others acts that may seem best to promote the best educational interests of said town not in conflict with the laws of this State. Meetings and minutes. Regulations, books, etc. Superintendent and teachers. Furniture and appliances. SEC. L. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest, in cash or property, real or personal, made to said board for the benefit of the schools herein created. Donations, etc. SEC. LI. Be it further enacted by the authority aforesaid, That said board of education shall operate the schools herein created only in the buildings erected and furnished for that purpose by said city of Nashville. Buildings. SEC. LII. Be it further enacted by the authority aforesaid, That the 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, which books and accounts shall at all times be open to the inspection of the mayor and council of the city of Nashville, or any interested citizen of said city. The members of said board shall be personally liable to the city of Nashville and to the board of education herein created 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, Account of expenditures.

Page 755

SEC. LIII. Be it further enacted by the authority aforesaid, That said board shall annually, at the regular session of the mayor and council for said city of Nashville, in July of each year, make report to said mayor and council of said city of Nashville, in writing, showing 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 also 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. Annual reports Itemized statements. SEC. LIV. 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 fifty dollars ($50) per annum, except the secretary and treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification, and not to exceed one hundred seventy-five dollars ($175) per annum; provided, however, that said board by unanimous vote may 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 and pay of officers SEC. LV. 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. School terms. SEC. LVI. 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

Page 756

may, by and with the consent of the mayor and council of the city of Nashville, provide furniture, apparatus, or rent buildings and grounds in order to further enlarge and facilitate 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 amounts shall in no event exceed the rate of one dollar ($1) per term where the child resides within the corporate limits of said city of Nashville, and shall not exceed the rate of three dollars ($3) per month where the child in attendance resides without the limits of said city of Nashville, and this only to apply to all grades above the sixth grade, and not more than the sum of two dollars ($2) per month for grades between the seventh and third, and not more than one dollar ($1) per month on pupils in first, second and third grades living without limits. Taxes. Incidental fees. SEC. LVII. Be it further enacted by the authority aforesaid, That all school children between the ages of six and eighteen years, residents of said town with their parents or guardians, shall be entitled to the benefits of said schools and no such child or children shall be required to pay tuition for such course of study as may be prescribed by said 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 tuitions shall become a part of the fund for the maintenance of said public school system, must be charged and collected if at all as set out in the paragraph last above, and must be used and accounted for, as likewise any other funds. Children resident and non-resident. SEC. LVIII. 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 and otherwise to defray the expenses of said public schools for the ensuing

Page 757

year, and shall submit such finding in writing to the mayor and council of the city of Nashville at their regular meeting, not later than August 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 city for taxation, and when the taxes for such purposes are levied and collected, the collecting officer of said city shall pay over the same to the secretary and treasurer of said board of education; said taxes shall be collected as other taxes of said city, and shall not later than the first day of February of each year be paid to the secretary and treasurer of said board of education; and said taxes shall not be paid out by said secretary and treasurer of said board except upon a written order or orders of said board of education under such regulations and requirements as they shall provide under authority of this Act. Estimate of money. Tax. SEC. LXIX. 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 the city of Nashville, or have any authority or voice in the management of the schools herein established under the provisions of this Act; but provided, further, that said board of education of Berrien County or such other body as shall have charge of the public schools of said county, shall, upon being presented with a report duly certified to by the board of education of the city of Nashivlle, which report shall be made out by the teachers in said schools, showing the attendance of children between the ages of six and eighteen years, inclusive, which live without the city limits of Nashville who have attended any of the schools which shall be created under this Act, pay over from the funds derived from the State public school funds in their hands the pro rata part of said school funds to which each of said children that have attended said school as so shown shall be entitled,

Page 758

same funds to be paid direct to the secretary and treasurer of the board of education of the city of Nashville. County board Proportion of State fund. SEC. LX. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia is hereby required to pay over to the board of education of the city of Nashville the pro rata share of the State and county school funds to which the children living within the limits of said city are entitled, according to the number of children of school age residing within the corporate limits of said city, as shall be shown by a school census which shall be taken by said board of education of said city as soon as they shall be elected and qualified; the result of the taking of said census to be reported direct to the State School Commissioner. 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 of education of the city of Nashville for the support and maintenance of said public schools of said city; it shall be the duty of the board of education of the city of Nashville not only to furnish the report of the census to the State School Commissioner above set forth, but shall thereafter every two years take a like census of all school children residing within the corporate limits of said city, and report the same to the State School Commissioner. The board of education of said city of Nashville 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 without the corporate limits of said city under the regulations hereinbefore prescribed in this Act. SEC. LXI. 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 said city of Nashville kept separate and apart from other collections and assessments of said city, and are not to be used for any purpose except as hereinbefore directed, and the mayor and council shall keep a

Page 759

separate, full and distinct 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. SEC. LXII. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Nashville shall have power, and are hereby authorized to designate and lay such specific tax on any property or thing or trade as they may think best in supplementing the school fund of said city not in conflict with the charter of said city and the laws of this State. Supplemental tax. SEC. LXIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. NASHVILLE CITY LIMITS EXTENDED. No. 237. An Act to amend the Act incorporating the city of Nashville, in the county of Berrien, State of Georgia, approved December 17, 1900, and the Acts amendatory thereof, so as to extend the corporate limits of said city of Nashville a distance of one (1) mile in every direction from the present court house site in the center of the public square in 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 Paragraph Two (2) of the Act incorporating the city of Nashville, approved December 17, 1900, be amended by striking the word half in the second line of said paragraph, leaving said paragraph to read when so amended as follows: Act of 1900 amended.

Page 760

Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend one mile in every direction from the present court house, now located therein. 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 August 16, 1915. NEWNAN CITY SCHOOL BONDS. No. 272. An Act to amend an Act entitled An Act to establish a system of public schools in the city of Newnan, Georgia, and provide for the maintenance and support of the same; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses and for other purposes, after submitting the same to the qualified voters of said city of Newnan, approved December 27, 1886, and as amended by the following Acts of the General Assembly of Georgia, to-wit.: One approved September 10th, 1887, one December 23rd, 1892, and one August 20, 1906, by striking from the second and third lines of Section 9, of said original Act as amended, the following words, to-wit.: not exceeding thirty-five thousand dollars in amount, and by inserting in lieu of said stricken words, the following, to-wit.: from time to time as they may deem necessary. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

Page 761

of the same, That an Act entitled An Act to establish a system of public schools in the city of Newnan, Georgia, and provide for the maintenance and support of the same; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses and for other purposes, after submitting the same to the qualified voters of the said city of Newnan, approved December 27, 1886, and amended by an Act approved September 10th, 1887, and by an Act approved December 23d, 1892, and by an Act approved August 20th, 1906, be and the same is hereby amended by striking from the second and third lines of Section 9, of said Act, the following words, to-wit.: not exceeding thirty-five thousand dollars in amount, and by inserting in lieu of the said stricken words, the following words, to-wit.: from time to time as they may deem necessary, so that said Section 9, as amended shall read as follows: That the mayor and aldermen of said city of Newnan shall have power and authority to issue bonds for such length of time or times, none longer than thirty years, as the mayor and aldermen of said city of Newnan think advisable, and to bear interest at a rate not exceeding seven per cent., payable semi-annually, and to sell the same, the proceeds to be applied to the purchase of property, to be used for school purposes, and building and equipping proper school houses. The said bonds above provided for are to be issued by the mayor and aldermen as provided in Section 10 of this Act, upon complying with the provisions of the Code of Georgia of 1895, Section 377 to 381, inclusive. Acts of 1886, 1887, 1892 and 1906 amended. Bond issue. Approved August 16, 1915. NICHOLLS TOWN CHARTER AMENDED. No. 275. An Act to amend an Act approved August 15th, 1903, creating a new charter for the town of Nicholls, in Coffee

Page 762

County, so as to authorize and empower the marshal of said town of Nicholls to make all sales of property levied on under execution by said town of Nicholls before the city hall in said town; to authorize the advertising of said sales in some paper published in said town of Nicholls; to establish, maintain and operate a chaingang in said town of Nicholls, providing a warden or whipping boss, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That on and after the passage of this Act, the charter of the town of Nicholls be, and the same is hereby amended by striking the following from Section 22 of said charter, to-wit.: Commencing with and including the word and in the sixth line of said Section 22, and closing with the word taxes in the 16th line of said Section 22, striking from said section all of the words and figures between said word and in said sixth line and the word taxes in said sixteenth line, and by inserting in lieu thereof the following: Act of 1903 amended. And it shall be the duty of the marshal of said town to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as sheriffs' sales of real property and constables' sales of personal property are required by law to be made, except that said sales shall be made in the town of Nicholls before the door of the city hall or council chamber or the usual and established place of the meeting of the authorities having control of said municipality; all of said sales to be made within the usual hours of sheriffs' sales and under the same rules and regulations as governing sheriffs' sales, except as herein changed, so that when so amended said Section 22 of said charter shall read as follows: Be it further enacted, That all executions issued by the clerk of council of the town of Nicholls shall be directed to the marshal of said town, and issued in the name of the

Page 763

town of Nicholls, and be signed by the clerk, 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 of said town to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as sheriffs' sales of real property and constables' sales of personal property are required by law to be made, except that said sales shall be made in the town of Nicholls before the door of the city hall or council chamber, or the usual and established place of the meeting of the authorities having control of said municipality; all of such sales to be made within the usual hours of sheriffs' sales, and under the same rules and regulations as governing sheriffs' sales, except as herein changed. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon. Whenever at any such sale for taxes due no one present shall bid for the property put up for sale as much as the amount of such tax execution and all costs and after such property shall have been cried a reasonable time, then any duly appointed or authorized officer or agent of the town of Nicholls may bid off such property for the town, and the marshal or other officer making the sale shall make to the town of Nicholls a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession; and the mayor and aldermen shall have no power to divert or alienate the title of the town to any other property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the town. The clerk shall enter on his execution dockets all executions, giving the date and amount of each and to whom delivered and all proceedings thereunder; said execution shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality

Page 764

or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the city court of Douglas in all matters and things of which that court shall have jurisdiction; all other illegalities and claims shall be returned to the clerk of the superior court, unless the amount involved be less than fifty ($50) dollars, when same shall be returned to the justice court of the 1170th district, G. M., Coffee County. In case of illegality or claim be 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 Nicholls shall have priority on property within the corporate limits of said town over all other executions and judgments, except those for State and county taxes, and by order of the mayor and aldermen shall be transferred to any person who will pay the full amount and costs of the same, and the transferee shall be subrogated to all the rights of the town as to the enforcement of such execution, which shall retain all its prior liens. To be read. Executions, levy, advertisement and sale. Redemption. Title. Dockets. Claims and illegalities. SEC. 2. Be it further enacted, That all ordinances, notices, resolutions and marshal sales under executions, whether for taxes or otherwise, shall be published in some local paper published in said town of Nicholls; provided, there shall be a newspaper of general circulation published in said town, otherwise said advertisement and notice of tax sales shall be made in the paper of Coffee County wherein the sheriff's sales under execution are required to be published. Advertisements. SEC. 3. That the mayor and aldermen of the town of Nicholls shall have full power and authority to organize and establish a chaingang in said town, in which chaingang all parties convicted of a violation of any ordinances of said town, and who shall fail to pay the fines assessed against them, shall be required to work for such time as in their judgment may seem proper, not in conflict with the charter, and said mayor and aldermen are hereby vested with power and authority to pass such rules, regulations and ordinances as will effectually maintain, control and manage said chaingang,

Page 765

and to create the office of warden or whipping boss for said chaingang and to prescribe rules and regulations by which he shall be governed in the discharge of his duties as such. Chaingang. If any person convicted in said mayor's court and sentenced to work on said chaingang, shall escape before completing the time of said sentence, upon a warrant issued by the mayor of said town, the same may be arrested in any part of this State by the marshal of said town or by any other officer authorized to make arrest. And said party so escaping, may, upon conviction therefor in the mayor's court, be sentenced to not exceeding 30 days' additional service upon said streets for said escape and said mayor or aldermen may make all necessary rules and regulations for the proper government of said persons so convicted and sentenced, for their safe confinement and labor until the said sentences are satisfied. Escape. Punishment. SEC. 4. All laws and parts of laws in conflict with these sections are hereby repealed. Approved August 16, 1915. OAKWOOD TOWN CHARTER REPEALED. No. 71. An Act to repeal an Act and the amendments thereof, en titled An Act to incorporate the town of Oakwood, in the county of Hall; to define its limits; to provide for a mayor and council and other officers, and election of the same; to provide a municipal government for said town; to prescribe the powers and duties of the several officers; to provide for rules and ordinances, and for other purposes, approved August 12, 1903, as recorded

Page 766

in the Acts of 1903, at page 642, and to provide when this Act shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act to incorporate the town of Oakwood, entitled an Act to incorporate the town of Oakwood, in the county of Hall; to define its limits, to provide for a mayor and council and other officers, and the election of the same; to provide a municipal government for said town; to prescribe the powers and duties of several officers; to provide for rules and ordinances and for other purposes, approved August 12, 1903, and all Acts amendatory thereof, be and they are hereby repealed, upon the passage of an Act provided for in the next section of this Act. Act of 1903 repealed. SEC. 2. Be it further enacted, That the provisions of this Act shall not go into effect, until the passage and approval by the Governor, of a new Act having for its purpose the establishment of a new charter for the town of Oakwood, in the county of Hall, and define its limits and powers and for other purposes. When effective. SEC. 3. Be it further enacted, That all laws in conflict with this Act be and they are hereby repealed. Approved August 10, 1915. OAKWOOD, TOWN OF, INCORPORATED ANEW. No. 186. An Act to incorporate the town of Oakwood, in the county of Hall, and State of Georgia; to define its limits; to provide for a mayor and council and other officers, and the election thereof; to provide a municipal government for said town; to provide for and prescribe the

Page 767

powers and duties of the several officers of said town; to provide for rules and ordinances and the enforcement 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 town of Oakwood in the county of Hall, be and the same is hereby incorporated as a town and municipal government under the name and style of Oakwood. Corporate name. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-third of a mile in every direction from the center of Allen Street at the point where it crosses the line of track of the Southern Railway Company counting from midway between the outside rails of the two main line tracks. Territorial limits. SEC. 3. Be it further enacted, That the present officers of the town of Oakwood, holding under and by virtue of the provisions of an Act of the General Assembly of Georgia, approved August 12, 1903, entitled an Act to incorporate the town of Oakwood, etc., as shown in the Acts of 1903 at page 642, shall hold their offices under this Act until their successors shall have been elected and qualified, and shall be empowered to perform all the duties as herein provided. Present officers of town hold. SEC. 4. Be it further enacted, That on the first Wednesday in December, 1915, there shall be held an election in said town of Oakwood for the purpose of electing a mayor and five councilmen for said town, the mayor to hold his office for two years and until his successor is elected and qualified, his term of office to begin on the first day of January, 1916, and three of the five councilmen to hold their offices for one year, and two of them to hold for two years and all of them to hold until their successors are elected and qualified, and their terms to begin at the same time as the mayor's, and after the first election under this Act then all councilmen shall be elected for a two-year term, three to be elected for

Page 768

one year and two the next, it being the purpose of this Act to keep two experienced men on the council body, after each election so that no more than three of their terms will begin at any one time. Election and terms of mayor and councilmen. SEC. 5. Be it further enacted, That before entering upon the discharge of their duties as officers of said town of Oakwood, the mayor, each councilman, and the mayor pro tem. shall take and subscribe the oath as herein provided, the oath of the mayor and mayor pro tem. to be as follows: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or mayor pro tem., as the case may be, of the town of Oakwood, and that I will enforce the laws of the State of Georgia, and the ordinances of said town according to the best of my ability and understanding; so help me God. And that of each councilman shall be as follows: I do solemnly swear that I will faithfully and impartially perform the duties of councilman for the town of Oakwood, according to the best of my ability and understanding. Oath of office. SEC. 6. Be it further enacted, That all elections held in said town of Oakwood, shall be governed by the same rules and regulations as govern elections for members of the General Assembly of Georgia, in so far as the same are applicable, but no person shall be eligible to vote at any election held in said town who does not reside within the corporate limits of said town, and who has not so resided for a period of 60 days previous to the election at which he desires to cast his vote, and in other respects the general election laws of this State shall apply to elections held in said town. Elections and qualification of voters. SEC. 7. Be it further enacted, That the mayor and council of said town of Oakwood shall have power and authority and it shall be their duty to elect a chief marshal, and such other marshals, or police and subordinate officers, as they in their best judgment may deem necessary for the government of the town, and they shall have authority to prescribe the fees, cost and duties of such marshals, policemen

Page 769

and other subordinate officers, as they may elect; provided, that the fees and cost of marshals shall not exceed those now allowed by law for sheriffs of this State, for duties of a similar nature, and they may require such bond for all officers of a subordinate nature as they deem proper; provided, that each marshal or policeman before entering upon the discharge of his duties shall take and subscribe the following oath, which shall be recorded as hereinafter provided: I do solemnly swear that I will without favor or affection execute the laws of Georgia, and the ordinances, executions, orders, and other legal process placed in my hands for the town of Oakwood, and endeavor honestly to preserve the peace therein according to the best of my understanding and ability. Marshal and policemen. Oath. SEC. 8. Be it further enacted, That the mayor or [Illegible Text] his absence or disability, as hereinafter provided, the mayor pro tem. shall have power and authority to try all offenses and violations against the ordinances of said town and punish persons violating the same, within the corporate limits, by imposing a fine not exceeding fifty dollars, imprisonment not exceeding fifty days, or by putting the offender at work under a proper guard on the streets of said town for a period of not exceeding fifty days, any one or all of said punishments as in his discretion may seem right and proper. Trial and punishment of offenses. SEC. 9. Be it further enacted, That the mayor of said town of Oakwood shall be clothed with all the power of a justice of the peace with reference to issuing his warrant for the violation of the criminal laws of the State, and shall have power and authority to hold courts of inquiry in all cases of violations of the criminal laws of said State, compel the attendance of witnesses, and commit the offender to jail, or admit him or her to bail, and in every way and manner do and perform every duty that a justice of the peace may lawfully do in such cases. Warrants for offenses. SEC. 10. Be it further enacted, That the mayor and council of the said town of Oakwood shall have power and

Page 770

authority to pass all by-laws and ordinances that they may deem necessary for a proper government of said town; provided, the same are not in conflict with the laws of the State or of the United States. Ordinances. SEC. 11. Be it further enacted, That said mayor and council of said town of Oakwood shall have power and authority to levy and collect a tax not to exceed $1.00 per hundred on all property within the corporate limits of said town, both real and personal, and shall provide how the values shall be determined. They shall have power and authority to compel all persons residing within said corporate limits, who are subject to road duty, under the laws of this State to work on the streets of said town not exceeding twelve days in any one year, or to pay in lieu thereof a commutation street tax of not exceeding $12.00 for any one year; provided, that the amount of work to be done or commutation tax to be paid shall be fixed by said mayor and council by the first Monday in March of each year and no change thereof shall be made that will have the effect to increase the same for that year, and provided, further, that in case the said mayor and council fails to act on said matter by that time then the amount of commutation tax to be paid shall be $3.00 and the amount of work to be done in lieu thereof shall be six days. Tax ad valorem. Street work or tax. SEC. 12. Be it further enacted, That the said mayor and council shall have power and authority to pass any ordinance that they may deem necessary to prohibit the storage or keeping of wine, beer, white hop, malt or intoxicating liquors, or other drinks which when drunk to excess will produce intoxication, and to prescribe the punishment for persons violating said ordinance. Liquors. SEC. 13. Be it further enacted, That said mayor and council shall have power and authority to abate any nuisance in any part of said town whether on the streets or elsewhere, under rules and in such manner as shall have been previously provided by ordinance. Nuisances. SEC. 14. Be it further enacted, That the mayor of said

Page 771

town of Oakwood shall receive such salary as may be fixed by the council on their regular meeting in November before a new term begins, not to exceed four hundred dollars, and in case the council fails to fix said salary as herein provided, then the salary of said mayor shall be seventy-five dollars per annum; provided, further, that the salary of said mayor shall not be increased nor diminished during any term except to apply to a subsequent term, and the councilmen shall each receive a salary to be fixed in the same manner not to exceed $100 per annum, and in case they fail to fix said salary as herein provided then they shall each receive the sum of $15 per annum for their services. Salaries of mayor and councilmen. SEC. 15. Be it further enacted, That said mayor and council shall have power and authority to elect either from the members of the council, or from the citizens any competent citizen eligible to vote in said town a clerk, whose duty shall be to make a minute of each meeting of the mayor and council, and to record such resolutions and ordinances as may be passed, issue all fi. fas., sign the same and let them bear test in the name of the mayor of said town, and perform such other and further duties as may be prescribed by the mayor and council. He shall receive such compensation as may be prescribed by said mayor and council and shall be subject to removal at their pleasure, with or without cause; provided that his compensation in salary shall not exceed $200 per annum. Clerk, his duties and compensation. SEC. 16. Be it further enacted, That either the mayor or any councilman shall be subject to impeachment, for the neglect of the duties of his office, or any other unbecoming conduct; provided, that any person sought to be impeached shall not be tried until he shall have first been served with a copy of the charges against him at least five days previous to the time of the trial and shall have the benefit of counsel at said trial and shall not be impeached except by a vote of at least three councilmen and concurred in by the mayor, in case of councilmen, and in case of the mayor by a vote of at least four councilmen; provided,

Page 772

further, that a councilman can be impeached by a vote of four councilmen where his conduct is charged to have been done in conjunction with the mayor. Impeachment. SEC. 17. Be it further enacted, That if for any reason the regular election as herein prescribed is not held at the time herein specified, then the mayor, or if he fails to act within thirty days any two members of the council shall have power and authority to call an election for officers of said town by advertising the same at three conspicuous places in said town for ten days or longer and an election may likewise be called and held to fill any vacancy of any office herein provided for, no matter what the cause of the vacancy may be. Election, call of. SEC. 18. Be it further enacted, That the said mayor and council shall have power and authority to levy and collect a tax in addition to that provided in Section Eleven of this Act, not to exceed fifty cents on each one hundred dollars of taxable property for educational purposes, to erect school buildings, hire teachers, and for such other purposes as are incident to school government. School tax. SEC. 19. Be it further enacted, That said mayor and council shall have power and authority to pave and contract to pave the whole surface of any of the streets of said town, or to tile any of the sidewalks of said town, without giving the owners of property abutting on said streets the option of having the street abutting on their property paved or tiled, the object being to secure uniformity of tiling or pavement, and prevent delay and said mayor shall have the power and authority to assess against any property abutting on said street the whole of the cost of tiling a sidewalk in front of the same and one-third of the cost for paving a street in front thereof, and to compel the payment thereof by issuing a fi. fa. against said property for said purpose, which fi. fa. may be enforced by the levy and sale of the property by the chief marshal after the same shall have been advertised for four weeks in the official organ of Hall County, the sale of the same to be conducted at the

Page 773

place where the meetings of the mayor and council are usually held, or in front of the court house door in the city of Gainesville, on any [Illegible Text] Tuesday. Street improvements and assessments. SEC. 20. Be it further enacted, That said mayor and council shall have the power and authority to condemn any land in said town for the purpose of making a street not exceeding forty feet in width, and sidewalks on each side thereof not exceeding eight feet in width, under the same rules and regulations as are prescribed for the condemning of private property by the laws of Georgia, and they shall further have the right and authority to condemn any property for the purpose of erecting a water plant, in any part of Hall County within two miles of the center of the incorporated town, or for the purpose of running a line of sewerage and maintaining a garbage plant. Condemnation of land. SEC. 21. Be it further enacted, That said mayor and council shall have full power and authority to prescribe the kind of water closets to be used inside the corporate limits of said town, and to prescribe the kind of urinals, and drains, or other [Illegible Text] for filthy matter, and shall have full power and authority to condemn any [Illegible Text] urinal or other place for the deposit of filthy matter which does not comply with the rules prescribed by said authorities, or which may be detrimental to the public health or safety, and to this end they may lay sewer pipes and drains along the streets of said town or across private property by condemning the same, and shall have the power and authority to compel the property owners abutting on said line of sewerage to connect therewith, or in case of their failure, to connect them at the cost and expense of the property owner and collect the same by execution, and prescribe the amount to be paid for connecting with sewer lines and for the use thereof. Sanitary regulations. SEC. 22. Be it further enacted, That said mayor and council shall have power and authority to erect and [Illegible Text] a water plant, and run water mains on the streets of

Page 774

said town and across private property, by condemning the same, and fix the charges for the use of said water. Water works SEC. 23. Be it further enacted, That said mayor and council shall have power and authority to prescribe and enforce such quarantine regulations as they may deem necessary for the protection of their citizens against contagious diseases, and infectious diseases, which may endanger the public health or safety. Quarantine. SEC. 24. Be it further enacted, That the council shall at their first meeting in January of each year elect from their number a mayor pro tem., whose duty it shall be to perform all the duties devolving on the mayor in all cases in which he may be disqualified, by relation, or when he is absent from the town, or is from providential cause unable to attend to the same. Mayor pro tem. SEC. 25. Be it further enacted, That the regular meeting of said mayor and council shall be held once a month on the first Wednesday of each month; provided, that they may change this time of meeting by giving at least ten days' notice thereof by posting the same at three or more public places in said town, the hour of their meeting to be from September 1st to March 1st, 7 o'clock P. M., and from March 1st to September 1st at 8 o'clock P. M.; provided further, that said time of meeting may be changed at the will of the mayor and council by giving a like notice of ten days, and the recital of the minutes to that effect shall be conclusive proof that the notice herein required has been given, when the same shall have been approved by the mayor as true. Meetings of council. Notice. SEC. 26. Be it further enacted, That the mayor or in his absence the mayor pro tem., shall have power and authority to convene the council together at such other time or times as in his judgment may be necessary for the welfare of the town; provided, that no new ordinance shall be passed at any called meeting of said council affecting the liberty or property of any citizen of said town except when ten days' notice thereof shall have been previously given

Page 775

by posting the same in three or more public places in said town. Called meetings. SEC. 27. Be it further enacted, That the mayor and council of said town shall have power and authority to employ an attorney at law to render such legal services as may be necessary from time to time for the welfare and the interest of said town and to pay him such a sum as may be reasonable and just for his services from the funds raised by taxation. Attorney at law. SEC. 28. Be it further enacted, That said mayor and council shall have power and authority to impose a business tax or license and collect the same and to provide a penalty for carrying on business without the payment thereof. Business tax or license. SEC. 29. Be it further enacted, That the said mayor and council shall have power and authority to establish a fire limit, and to maintain a fire department, and to prescribe the rules and regulations for erecting buildings in said town, and to prescribe by ordinance how and when a permit to build shall be granted; provided, no fee shall be charged any property owner for obtaining a building permit, but said mayor and council may prescribe a punishment for building in said town without said permit. Fire control. SEC. 30. Be it further enacted, That a majority vote of the council shall be sufficient to pass any resolution, rule or ordinance, but the mayor shall be clothed with the power to veto, and the revision of all ordinances, rules and regulations, before they shall become effective he shall approve them, but four members of the council concurring shall be sufficient to pass an ordinance, rule or regulation notwithstanding his dissent, and any such ordinance, etc., shall become effective, if passed by a majority of the council unless disapproved within five days by the mayor. Veto of ordinances. SEC. 31. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 776

ORLAND TOWN CHARTER REPEALED. No. 157. An Act to repeal an Act entitled an Act to incorporate the town of Orland, in the county of Montgomery, approved August 11th, 1908, as shown in Georgia Laws of 1908, pages 882 to 889, inclusive. SECTION 1. 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 town of Orland in the county of Montgomery, and to grant certain powers and privileges to said town, and for other purposes, as embodied in the Georgia Laws of 1908, from page 882 to 889, inclusive, be and the same are, hereby repealed and the incorporation of said town of Orland abolished. Act of 1908 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, 1915. PERRY CITY CHARTER AMENDED. No. 135. An Act to amend the charter of the city of Perry, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the term of office of the mayor and aldermen of the city of Perry shall be two (2) years, and the mayor and aldermen of said city who shall be elected at the regular election on

Page 777

the second Saturday in April, 1916, shall hold office until the first day of May, 1918, and until their successors are elected and qualified. That the election for such mayor and aldermen shall be held on the second Saturday in April, 1916, and every two years thereafter, and the term of office of such mayor and aldermen shall begin on the first day of May following such election. Provided, that the term of office of the mayor and aldermen elected on the second Saturday in April, 1915, shall be and the same is hereby extended until and shall expire on the 30th day of April, 1916. Terms of office of mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Perry shall have full and complete and exclusive control of the streets, alleys, lanes and parks of said city, and shall have full power and authority to condemn property for the purpose of laying off, widening, or straightening streets, lanes, alleys or sidewalks in said city. And when said mayor and aldermen shall desire to exercise the right of condemnation as herein granted, it may be exercised whether the property sought to be condemned shall be in the hands of the owner, trustee, executor, administrator, guardian or agent, and shall be done in the manner prescribed in Section 5206 to 5246 inclusive of the Code of Georgia adopted August 15th, 1910. Streets, etc. Condemnation 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 13, 1915. PRESTON TOWN LIMITS DEFINED. No. 48. An Act to amend an Act incorporating the town of Preston in Webster County, approved December 17th, 1901, so

Page 778

as to more particularly describe the limits of said town of Preston. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that Section 4 of an Act approved December 17th, 1901, entitled an Act to repeal all the several Acts and amendments thereto incorporating the town of Preston in the county of Webster, approved December 22nd, 1857, and the repealing Act incorporating the town of Preston, approved October 25th, 1870, so as to repeal the present charter of the town of Preston, Webster County, and to enact in lieu hereof a new charter for said town and to provide for a mayor and council, to prescribe their powers and duties, and to define the corporate limits of said town and for other purposes; that said Act approved December 17th, 1901, be and the same is hereby amended by striking out Section 4 in said Act and adding in lieu thereof the following description of the lines for the town limits for said town of Preston. The starting point of the corporate limits of the town of Preston to begin in the center of the Seaboard Air Line Railway tract 430 feet west of the southwest corner of the depot in said town of Preston, and shall run in a northeasterly direction to the southwest corner of the resident lot belonging to and now occupied by Mrs. M. E. Lunsford; thence along the west line of said lot to the northwest corner of same and thence due north a sufficient distance to intersect with a line running east and west, and running along the old road between the lot owned by Dr. J. F. Lunsford and known as the Gracie Ball lot and lands of J. W. A. Hawkins on the north, and on out by the forks of the public road leading to Buena Vista and Bell's Mill, the first described line to be the west line and the last described line running east and west to be the north line. Then beginning at a point in the center of the said Seaboard Air Line Railway tract 1,440 feet, as the tract runs east of the southwest corner of the depot in said town of Preston, and running a line from said point in a northeasterly direction to the

Page 779

southeast corner of the town lot owned by Mrs. M. E. Griffin and now occupied by C. M. Christian, and thence to run north to the north line of said town and intersecting with said line running east and west, the same to be the east line of said town of Preston. The south line of the said town of Preston to be the south line of the Seaboard Air Line Railway right of way, between the two above named points of 430 feet west and 1,440 feet east of the depot in said town. Act of 1901 amended. 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 August 9, 1915. RANGER TOWN SCHOOL TAX. No. 75. An Act to amend the charter of the town of Ranger, Georgia, approved August 15th, 1910, as Act No. 508, so as to authorize and empower the mayor and council of the town of Ranger, Georgia, to levy and collect a tax not exceeding 30 cents on each $100.00 worth of taxable property in said town for school 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 Ranger, embodied in Act 508, approved August 15, 1910, be and the same is hereby amended as follows: Act of 1910 amended. SEC. 2. Be it further enacted, That the mayor and council of said town of Ranger are hereby created a board of trustees for the purpose of carrying out the provisions of this Act as further expressed and provided. Board of trustees.

Page 780

SEC. 3. Be it further enacted, That said mayor and council are hereby empowered to levy and collect a tax not to exceed 30 cents on each $100.00 worth of property in said town for the purpose of maintaining a school to be kept in operation not less than two months each year in addition to the regular term for the county schools; provided, this Act shall first be submitted, after ten days' notice of the election, to the qualified voters of the town of Ranger for ratification according to law; and if two-thirds of the ballots cast in said election be in favor of the adoption of this Act, then the same shall be declared adopted and shall become operative; provided, further, that nothing in this Act shall be construed to effect the regular term of school for the school district in which said town is located. School tax. Ratification of this Act by voters. SEC. 4. Be it further enacted, That the county school superintendent of the county of Gordon shall pay over to the board of trustees specified herein their pro rata of the county school funds belonging to the school located in Ranger School District and that pupils residing in said district outside of the corporate limits of said town shall be entitled to the regular county school term of heretofore. Proportion of school fund. SEC. 5. Be it further enacted, That the mayor and aldermen of said town are hereby empowered to pass such ordinances as may be necessary in maintaining and operating said schools; provided, that the board of trustees shall co-operate with the district and county school officials in all matters pertaining to the regular term of school. Ordinances. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915.

Page 781

RAY'S MILL; NAME CHANGED TO RAY CITY. No. 31. An Act to amend an Act approved August 16th, 1909, incorporating the city of Ray's Mill, in Berrien County, changing the name of said city of Ray's Mill to Ray City, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the name of the municipal corporation in Berrien County, Georgia, known as the city of Ray's Mill, shall no longer be known as the city of Ray's Mill, but the name thereof shall be Ray City, with all rights and liabilities that now and heretofore have existed for the city of Ray's Mill. Name changed. SEC. 2. Be it further enacted by the authority of the same. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved August 6, 1915. REBECCA TOWN CHARTER AMENDED. No. 161. An Act to amend an Act to incorporate the town of Rebecca, in Wilcox (now Turner) County; to provide for an election of a mayor and council of said town; to define the corporate limits of said town; to provide for a system of revenue by taxation or otherwise, and for other purposes therein contained, approved August 15th, 1904, so as to authorize and give power and authority to the mayor and council of the town of Rebecca, to issue and

Page 782

sell municipal bonds for the building, owning and maintaining public school buildings, electric light plant, water works, sewerage, city hall, city jail, one or all; to grant franchises, establish work gangs, appoint a recorder, establish fire limits, abate nuisances, establish and regulate quarantines; to extend the corporate limits, 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 from and after the passage of this Act, the Act establishing a charter for the town of Rebecca, approved August 15, 1904, be and the same is hereby amended, as follows: Act of 1904 amended. SECTION 1. Be it further enacted by authority aforesaid, That from and after the passage of this Act the mayor and council of Rebecca are hereby authorized and empowered to submit to the qualified voters of said town under the provisions of the Code of 1911, Sections 440 to 444, both inclusive, and all other sections of said Code and Acts amendatory thereof or relating thereto, the question of issuing bonds in a sum or sums not to exceed in the aggregate twenty-five thousand dollars, and to be held and used for the purpose of establishing, building, maintaining and operating a system of electric lights, public school buildings, city hall, city jail, water works, sewerage system, either or all, for the town of Rebecca, and at said election the ballots shall be written or printed For electric lights and bonds, or Against electric lights and bonds; For public school buildings and bonds, or Against public school buildings and bonds; For city hall and bonds, or Against city hall and bonds; For city jail and bonds, or Against city jail and bonds; For water works and bonds, or Against water works and bonds, or For sewerage and bonds, or Against sewerage and bonds, as the case may be, according to whatever the question submitted may be, either or all, as may be deemed most advisable by the mayor and council of said town of Rebecca. Election as to bond issues. (a) Should such election herein provided for result in

Page 783

favor of electric lights, public school buildings, city hall, city jail, water works, sewerage, either or all, as the case may be, then the mayor and city council of said town of Rebecca shall be and they are hereby authorized to issue said bonds for said purposes not to exceed a sum in the aggregate of more than said twenty-five thousand dollars, each of said bonds to be issued to be of such denomination as said mayor and council may determine, said bonds to be payable in thirty years, but the interest on said bonds to be paid annually. Amount of bonds. Payment. (b) Said bonds shall be officially signed by the mayor and clerk of Rebecca under its corporate seal, and shall be sold, hypothecated or disposed of to the best advantage of said town of Rebecca, as may be determined by the said mayor and council, and the proceeds thereof shall be used exclusively for the purpose for which same was issued and originated. Execution, sale and use of bonds. (c) The mayor and council shall have full power and authority to make any and all rules, regulations and ordinances relative to said buildings or systems, and the use of same, as shall seem right and proper, not in conflict with the general laws of this State. Ordinances. (d) The said mayor and council shall have power and authority to fix rates and charge and collect the same for the use of such electric lights, water works and sewerage. Rates. (e) The said mayor and council shall have power to annually assess, levy and collect a tax on all property, both real and personal, within the corporate limits of said town of Rebecca, in such sums as shall be necessary and shall be deemed right and proper for the specific purpose of paying the yearly interest on said bonds, and accumulating a sinking fund for the final payment of the principal sums of such bonds at maturity, the said tax so assessed, levied and collected to be kept separate and apart distinct from all other taxes, and used solely for the purposes collected. Taxation for bonds. (f) The principal of such bonds, when they shall become due, and the interest coupons or warrants on the same shall

Page 784

be receivable by the said town of Rebecca in payment of all dues to said city and said bonds shall not be taxable, directly or indirectly, by said town. Bonds and coupons receivable. (g) In the event that such election shall not result in favor of bonds, or, if for any reason after such election resulting in favor of bonds the same are not validated as provided by law, the mayor and council shall order another election upon the application of ten freeholders of said town provided the same shall not be ordered held oftener than every four months. New election. SEC. 2. 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 right-of-way over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said town, upon such terms and conditions as said mayor and council may fix. Franchises, etc., in streets. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to adopt and enforce such ordinances, rules and regulations as to them seem right and necessary to secure the removal of any and all garbage, rubbish, filth, dead animals, weeds, undergrowth and other matter of like kind from any place within the town limits, whether occupied or unoccupied, at the expense of the owner of such property, and if such owner shall fail, after written notices shall have been served upon him, to comply with the terms and directions of such notice, he shall be subject to such fine and penalty as shall be prescribed for such failure, and the said mayor and council shall have power to proceed to do or have such work necessary to carry out such order executed and charge same to the said owner, and to cause execution to issue against said owner for the amount of labor and expense so incurred, and shall have power to enforce collection of said execution by levy and sale, or otherwise. Sanitation, powers as to. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority

Page 785

to establish one or more work gangs, and to confine at labor therein persons who shall have been sentenced by the proper authority of said town to work upon the streets of said town, or who shall have failed to pay the street tax assessed against them when the same shall be due and demanded, and to make such rules and regulations as shall be necessary for the control and carrying on of the work by said gangs, and to enforce the same through the proper officers. Work gangs. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish fire limits in said town of Rebecca, and to prohibit the erection of any wooden buildings or structures as will, in the opinion of said mayor and council, increase the fire risks in such parts of the town as they may designate as fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the said houses and material used therein, and the [Illegible Text] of awnings and sheds, of stove pipes, chimneys, chimney-flues and other means of buildings, as may be necessary and proper to guard against conflagrations, and may require building and structure permits, which permits shall specify the material to be used and the manner of its use in such erection or repair. Said town council shall have supervision and control over all yards and grounds used in connection with all warehouses, cotton gins, cotton compresses and other places in said town where materials highly combustible and inflammable in their nature are stored, and may prohibit smoking, or the careless handling and use of fire on or near such yards and places. Said council and mayor shall have the right to remove or have removed any forge, smith-shop, or other places of like character within the said fire limits whenever in their discretion it shall be necessary for the protection against fire, and shall have the power to inspect and condemn any chimney, stove pipe, forge or other place of like character, and cause the same to be remedied or removed whenever the same shall be so condemned and declared dangerous, at the cost of the owner. They shall have power and authority to condemn any building or structure, whenever the same shall become rotten, in bad

Page 786

repairs, or otherwise dangerous to the general public, and cause the same to be torn away or removed at the expense of the owner; they shall likewise have power and authority to burn and destroy any building, not in conflict with the general law, bedding, clothing, household and kitchen furniture or other personalty whenever it shall be necessary in order to prevent the spreading of contagious diseases or infectious malady; provided, however, that whenever the said town shall destroy any such property it shall be liable and shall pay the owner thereof the actual value thereof. Fire control, powers as to. SEC. 6. Be it further enacted by the authority aforesaid, That Sections 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 904, 905, 906, 907, 908, 910, 911, 912, Vol. 1, Code of Georgia, shall be of force and effect as the law in relation to the town of Rebecca and include in this amendment to the said charter as fully as if set out in detail by section herein, except in so far as the same shall conflict with what is herein otherwise enacted. Code sections effective. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. REYNOLDS, CITY OF, INCORPORATED. No. 250. An Act to provide and establish a new charter for the town of Reynolds in the county of Taylor; to change its corporate name to the City of Reynolds, 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

Page 787

heretofore granted to said corporation, and to provide for its water works systems, and electric lighting systems, and the regulations and ordinances in force in said city, as well as all obligations outstanding against it and in its favor; to authorize said city to issue bonds and other evidences of debt for public purposes; and to provide for other matters of municipal regulation, concern and welfare, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the name of the municipal corporation heretofore existing in the county of Taylor, said State, under the name of the mayor and council of the town of Reynolds, be and the same is hereby changed to the City of Reynolds; and said municipal corporation is hereby re-incorporated and made and continued as a body corporate and politic under said name of the city of Reynolds, without any break in the continuity of its existence, it being the same corporation under a new name; and under said name said city shall have perpetual succession, and the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city and its inhabitants, to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated, and to do all other acts and things relating to its corporate capacity; and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said city and property, real or personal, of whatever kind or nature soever within the limits or without the limits of said city, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same were granted or dedicated; and to use, manage, improve, sell, convey, rent or lease, or otherwise deal with any and

Page 788

all property at present owned or which may be hereinafter acquired by said city. Corporate name. General powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall be as follows: Beginning at a point, the exact center of lot of land No. 229, in the 14th District of Taylor County, Georgia, and running east a distance of 1,485 yards to the center of lot of land No. 284 in the 1st District of said Taylor County; thence south a distance of 1,485 yards to the center of lot of land No. 272 in said 1st District of Taylor County; thence west a distance of 1,485 yards to the center of lot of land No. 256 in the 13th District of said Taylor County; thence north a like distance of 1,485 yards to the original starting point. The same being an exact square and embracing all the following lots and fractions of lots, to-wit.: All of lot of land No. 274, the north half of lot of land No. 273, the south half of lot of land No. 285, the west half of lot of land No. 275, the northwest quarter of lot of land No. 272, and the southwest quarter of lot of land No. 284, all in the 1st District of Taylor County, Georgia. Also the east half of lot of land No. 230 and the southeast quarter of lot of land No. 229, in the 14th District of Taylor County, Georgia; also the northeast quarter of lot of land No. 256 in the 13th District of Taylor County, Georgia. Territorial limits. SEC. 3. Be it further enacted, That the corporate limits of said city may be extended at any time, so as to take in adjacent and contiguous territory, in the following manner, to-wit.: (1) Upon the petition of ten qualified voters residing in such adjacent territory and of twenty-five qualified voters residing in the city of Reynolds, which petition shall particularly describe the limits and bounds of the territory sought to be annexed, with an accurate survey and plat thereof attached, and shall ask for an election to be called on the subject, and it shall be the duty of the ordinary of Taylor 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

Page 789

days immediately preceding said election bona fide residents of such territory and also an election by the voters of the city of Reynolds 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 Taylor, a notice of the election thus ordered, which notice shall describe the metes and bounds of the territory sought to be annexed, the time fixed for said election, and where same shall be held, and the same shall be published at least twenty-one days prior to the date of the election. The voters residing in said contiguous territory shall vote at the regular voting place of precinct 741 District G. M., and it shall be the duty of the ordinary to designate a justice of the peace or notary public and ex-officio justice of the peace of the 741st District, G. M., of said county and two freeholders residing within the limits of the territory thus sought to be annexed, or else three freeholders of said territory to act as election managers and receive their ballots. Said managers shall take the same oath required of managers in county elections and said election by the voters of said outside territory shall be held under the usual rules governing ordinary county election at court house precincts. The election by the voters residing within the city limits shall be held at all the election precincts of the city and under the usual rules governing elections in said city. (3) All persons voting at such election who are in favor of thus extending the corporate limits of the city, so as to take in said proposed territory within the city limits shall have written or printed on their ballots the words For annexation, and those opposed, Against annexation. The returns of such election shall be made to the ordinary of said county and he shall declare the result thereof by order entered upon his minutes; and if the election by both bodies of electors, both the voters in the city and those in said adjacent outside territory, voting separately as aforesaid, results in favor of the annexation of said territory, that is, if a majority of the votes cast by the qualified voters of the city shall be For annexation, and

Page 790

a majority of the votes cast by those residing in such outside territory shall also be For annexation, then the ordinary shall declare that the election has resulted For annexation, it being necessary that both electorates should vote concurrently in favor of such annexation; and in such event the mayor and aldermen of said city shall also by resolution declare that 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 Reynolds. Said city shall pay the expenses of all such elections. All contests growing out of such election or elections, or concerning the same shall be before the ordinary of the county and heard and determined by him as in other cases of contests under the general rules and laws governing such matters, and no such contest shall be allowed or heard by him unless begun within five days after the election. (4) The mayor and aldermen of said city shall have full power and authority to select, lay out and name such of the roads, streets, and alleys in such annexed territory as they may see fit in their best discretion, to be adopted and known as public streets and alleys of the city of Reynolds; 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 or territories 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 Reynolds and subject to all the laws, rules, regulations and ordinances governing the same. Limits, how extended. Election to be called. Notice. Voters. Managers. [Illegible Text] Returns and result. Contest. Roads and streets. Additional elections. SEC. 4. Be it further enacted, That for the purpose of protecting the peace, good order, morals and health of said

Page 791

city, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined or as they may hereafter be extended, the same being for police and sanitary purposes, and within said zone thus created for police and sanitary purposes, the mayor and aldermen of the city and its marshal and police and other officers shall have the right and power to abate and remove nuisances and any and all things that may be deleterious to the health, good order or peace of the city, to preserve order and make arrests and to do any other acts or things for the protection of the health, safety and good order of said city and its inhabitants; and said city council may exercise the full police power of the State in said zone, and may adopt all ordinances they may deem expedient for the purpose of regulating matters and the people within said zone for police and sanitary purposes as aforesaid, as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch the morals, injure the health, or become a source of disorder, disease, or annoyance, and thus may regulate or prohibit entirely the sale of near beer, and similar beverages in said zone. Police and sanitary control beyond limits. SEC. 5. Be it further enacted, That all corporate rights, powers and privileges now possessed by and all duties imposed by law upon said municipal corporation are hereby preserved unto said city under its new name of the City of Reynolds. 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 aldermen of said city. All property and property rights now held, owned or possessed by said city, and all obligations of every kind and character due to or by said municipal corporation shall remain unchanged and of full force. All pending suits or claims by or against said city are preserved intact and unaltered. The present mayor and aldermen

Page 792

and the present officers and employees of the city shall continue to discharge the duties of their respective offices and positions until their successors are elected and qualified or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter or the ordinances of the city. Powers preserved Ordinances, etc., of force. Rights remain of force. Officers. SEC. 6. Be it further enacted, That the municipal government of said city and its corporate powers shall be vested in and exercised by a mayor and a board of aldermen, consisting of six aldermen. Said mayor and aldermen as a body shall be known as the City Council, and they shall hold office as hereinafter provided. The mayor and six aldermen shall be elected at the next annual elections to be held on the first Tuesday in January, 1916. The mayor shall hold office for two years and until his successor is elected and qualified. The two aldermen receiving the highest votes at the election on the first Tuesday in January, 1916, shall serve for three years. The two aldermen receiving the next highest votes shall serve for two years. And the two receiving the next highest votes shall serve for one year. At the expiration of the term of any aldermen their successors shall be elected and qualified for a term of three years, and until their successors are elected and qualified; and so on, an annual election being held on the first Tuesday in January of each and every year, one year for the election of two aldermen to fill the places of those whose term expires at such time, and the next year for the election of a mayor and two aldermen whose terms expire at such time. In the event that the office of said mayor or either of said aldermen shall become vacant by death, resignation, removal, or otherwise, the city council shall by resolution, order an election to fill such vacancy and shall give at least ten days' notice thereof in one or more of the papers published in Taylor 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

Page 793

power to fill such office for the remainder of the term by selection made by the city council without submitting same to the voters of the city. Government. Election and terms of office. Vacancy in office. SEC. 7. Be it further enacted, That the mayor and aldermen of said city shall be citizens of the State of Georgia, who have been citizens of the city of Reynolds for at least one year next preceding the election and shall be qualified voters of said city, and beginning with the year 1916, they shall each be at least twenty-five years old; any person qualified to vote for members of the General Assembly of Georgia shall be entitled to vote for the mayor and aldermen of said city, or for any other officer of said city, subject to election by the people thereof, or at any other municipal elections held in said city; provided, such person has resided in said city at least twelve months before the election and is registered as required by the ordinances of said city. Eligibility. SEC. 8. Be it further enacted, That the elections for mayor and aldermen of said city, as well as any and all other municipal elections held in said city, shall be held under the same rules and regulations, as near as practicable, as elections for members of the General Assembly. The mayor and aldermen of said city shall have the right and power to appoint for each election in said city any three freeholders or any two freeholders and a justice of the peace, who are residents of the said city, and not candidates or directly interested in the result thereof, to conduct such elections. The managers shall each before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or justice of the peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit anyone to vote who is not entitled to do so according to the charter of this city, nor knowingly prohibit anyone from voting who is so entitled, and we will not, knowingly, divulge for whom or how any vote was cast, unless called upon by law to do so, so help us God. Said oath shall be signed by each superintendent or manager, and shall be made and subscribed

Page 794

before some officer authorized to administer oaths, if any such is present; and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others, thus swearing each other. Said managers shall hold such elections under the usual rules and regulations governing such matters and shall count the votes, and when the votes are all counted out, the managers shall sign a certificate, stating the number of votes each person, or each side of the question, voted for, as the case may be, received, and each list of voters and each tally sheet must likewise be signed by the managers. Said certificate, together with one tally sheet and one list of voters shall be securely sealed in an envelope, with the names of the managers endorsed thereon, respectively, and then delivered to the clerk of the city council, who shall keep same safely and return them to the next meeting (either called or regular) of the mayor and aldermen, who shall receive and open said returns and declare the result of the election by formal resolution, which shall be entered upon the minutes of the city council. One list of voters, one tally sheet and all the ballots shall be sealed by the managers with their names endorsed on the package respectively and returned by them to the ordinary of said county of Taylor; and all contests growing out of said election or concerning the same, shall be before said ordinary of the county, and heard and determined by him as in other cases of contest, under the general rules and laws governing such matters, and no such contest shall be allowed or heard by him unless begun within five days after the election. Elections, conduct of. Manager's oath. Returns. Contests. SEC. 9. Be it further enacted, That the place of holding all municipal elections in said city shall be at the regular place for holding elections for the 741st District, G. M., and the time of day for keeping open such election shall be from nine o'clock, a. m., to three o'clock, p. m., central standard railroad time. The managers may begin to count votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by

Page 795

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 of elections. Votes. Regulations. SEC. 10. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and aldermen shall take and subscribe the following oath, which shall be administered by any person qualified to administer: I do solemnly swear that I will faithfully and impartially discharge all of the duties devolving upon me (as mayor or aldermen, as the case may be) of the city of Reynolds, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city and of all its people, during my continuance in office and without fear, favor or affection; and that I have not, in order to induce my nomination or election to this office, or for any reason either directly or indirectly, expressly or implied, promised my vote or support to any person for any office or position under the city government of Reynolds or in any of the departments thereof; and that I will not knowingly permit my vote in the election or appointment of any person to any position in the city government or in any department thereof to be influenced by any fear, favor or reward or the hope thereof, but that I will in discharging the duties of my office be governed alone by my conviction of what is for the public good, and without regard to the political or personal influence or private advancement of myself or any one else; and I have not in the primary or regular election used any money or other thing of value to influence voters or employed workers; so help me God. Said oath shall be entered on the minutes of the city council. No person who is unable to take said oath truthfully shall be eligible to the office of mayor or alderman of the city and any person who shall take said oath falsely, shall be guilty of false swearing and shall be punishable as for a misdemeanor and subject to impeachment and removal from office. Oath of office. SEC. 11. Be it further enacted, That beginning with the year 1916, neither the mayor nor any member of the board of aldermen shall be eligible to re-election to the same office

Page 796

after the expiration of a second term until after a period of two years shall have elapsed. Ineligibility to re election. SEC. 12. Be it further enacted, That beginning with the first session of the city council in the year 1916, and annually thereafter, said city council shall fix the salaries of the mayor and aldermen, same not to be changed thereafter during their respective terms of office, and to be paid monthly out of the general revenues of the city, provided, however, that the salary of the mayor shall not exceed $1,000.00 and that of each alderman shall not exceed $300.00 per annum. Salaries. SEC. 13. Be it further enacted, That there shall be elected annually by the mayor and aldermen, a mayor pro tem., clerk of council, city treasurer, tax assessor or assessors, and collector, city attorney, marshal, chief of police, and such other officer or officers, agents and servants of the city, as the city council shall consider expedient, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and aldermen. Any two or more of said offices, except that of mayor pro tem., may be combined, and held by one person. They shall receive a reasonable sum as such compensation for their services to be fixed by the mayor and aldermen preceding every election, which shall not be increased or diminished during their continuance in office. Their duty 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 Reynolds, in such amount as may be fixed by the city council for the faithful performance of their duties. The mayor and aldermen may also appoint special policemen when, and in their judgment, such appointment may be necessary; such policeman to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and aldermen may determine. The mayor shall annually appoint standing committees of the city council whose duties and powers shall be fixed by ordinance. All officers, agents and servants

Page 797

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 position held by them respectively by a majority vote (the mayor voting) for any cause that may seem just and proper, after a fair opportunity to be heard. The mayor and aldermen shall also have power and authority by ordinance to establish a board of health for said city, and also such other boards as they may from time to time deem expedient, and place different departments or branches of the government, functions, administration and work of the city under the charge, management and supervision of such boards respectively, and to define their powers and duties and to appoint the members of such boards and to prescribe their compensation, and to adopt appropriate ordinances for the government and regulation of the same. The mayor shall have the right to vote in the election of all officers and servants of the city who are elected by the city council. Mayor pro tem., and officers of city. Salaries, duties and oath. Policemen. Committees. Discipline of officers. Board of health. SEC. 14. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business but in all cases a less number may adjourn from time to time and may compel the attendance of the absentees. Any alderman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases. The mayor shall have no vote, except in the election of officers of the city as aforesaid, and in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the board of aldermen, and the said mayor shall have three days after the meeting at which the aldermen vote in which to file with the clerk in writing, his dissent, but the aldermen may pass the 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. Mayor's vote. Veto. SEC. 15. Be it further enacted, That the mayor of the city shall be presiding officer of the city council. He shall also be the chief executive officer of the city government,

Page 798

and shall see that all the laws, ordinances, orders, bylaws, resolutions and regulations of the city council or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly perform their duties. He shall have special control of the police of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected; 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 despatehed without favoritism to any person or interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of the absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if he, for the same reasons, cannot act, then another alderman shall be selected by the board of aldermen to act temporarily. Mayor's duties and powers. Mayor pro tem. SEC. 16. Be it further enacted, That said mayor and aldermen of said city shall hold regular meetings of the city council at least once a month, the time of meeting to be fixed by ordinance, for the consideration and transaction of such governmental, legislative, administrative, or corporate or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the mayor, or in the absence of the mayor, by the mayor pro tem. or upon the written request

Page 799

of any two members of the board of aldermen. Notice of such special meetings shall be given each of the said officers who are in the city at the time, and at such called or special meetings the mayor and aldermen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings of council. Notice. SEC. 17. Be it further enacted, That said mayor and aldermen shall have the right and power, in the name and behalf of said city, to make such contracts and do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make such rules and regulations, and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said city and conserving, promoting and protecting the welfare, health, morals, peace, advantages and good order of said city, and of the inhabitants thereof. Contracts and police powers. SEC. 18. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to provide by ordinance for the registration of all voters prior to any election of municipal officers, bond election, special election of any kind, or any other municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid; and to fix suitable penalties for the violation of such registration ordinance or ordinances, or parts of same. Registration of voters. SEC. 19. Be it further enacted, That said mayor and aldermen shall have power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew, and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said city, and to improve and light the same and keep

Page 800

them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of the sidewalks and other streets; to compel the owners or lessees of property to pave, repair, renew, and repave the streets and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee of said city; and said city and the mayor and aldermen thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize, repair, renew, and repave and improve the public streets, alleys and lanes and sidewalks of said city, and to put down, repair, and renew curbing, side drains, crossing drains, crossings and other improvements thereon; and to charge, assess and collect the expenses thereof. Likewise, said mayor and aldermen may cause the owners and occupants of property abutting on the public streets of the city to put out suitable shade trees along the streets and sidewalks in front of their property; and in the event such persons fail or refuse to put out such shade trees within ten days after being notified to do so, said mayor and aldermen, through its appropriate committee or officer, may set out shade trees of a suitable variety along the public streets and sidewalks of the city in front of said property, and charge and assess the expenses of same against such real estate in front of which said trees are set out and against the owner or owners thereof, and in the event the bills for said trees and expense of setting them out are not promptly paid, executions may be issued against the real estate so assessed and against the owner thereof, and levied and collected. Streets, sidewalks, drains, bridges, etc. Shade trees. SEC. 20. Be it further enacted, That said mayor and aldermen shall have full power also to protect places of worship; to provide cemeteries and places for the burial of the dead, whether within or without the city limits, and to regulate interments therein, and to provide by ordinance for the protection and care of such cemeteries and burial places and to fix penalties for the violation of the provisions of such ordinances; to abate or cause to be abated, anything which, in their opinion, is a nuisance or source of disease,

Page 801

disorder or annoyance; to regulate privies and waterclosets; and also the keeping of gun powder, dynamite, gasoline, benzine and other combustibles; to regulate the sale of ice and milk, and to provide for the inspection of the same; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire escapes in all buildings three or more stories in height; to prescribe fire limits and prescribe the material out of which buildings shall be constructed therein, by ordinance, and from time to time to enlarge and restrict the same, and to provide penalties for violating the provisions of such fire limit ordinances; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs or other animals, and to take up and impound the same; and to regulate and control the keeping of dogs within the city and to provide for a tax on dogs and for taking up and impounding them; to prohibit disorderly and bawdy houses; and to adopt all other regulations and ordinances necessary or expedient for providing for the public safety, welfare, health and morals of the city and its inhabitants. Places of worship. Cemeteries. Nuisances. Explosives. Fire regulations Animals at large. Dog tax. Bawdy houses. General welfare. SEC. 21. Be it further enacted, That said mayor and aldermen shall have power to license and regulate the sale of near beer, malt mead, acme brew, bud, and similar beverages and any other imitation of or substitutes for beer or malt or other liquors, which are not intoxicating, or else to prohibit same entirely, should they deem such prohibition expedient or advisable in their discretion. That said mayor and aldermen may provide by ordinance against what are known as blind tigers, or persons engaged in the clandestine sale of spirituous, malt and intoxicating liquors, and for the punishment of those who may make such sales. Beer imitations. Liquors and blind tigers. SEC. 22. Be it further enacted, That the city of Reynolds is hereby granted the power of eminent domain, and the mayor and aldermen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city, for public parks water supply, sewers, crematories, farms, for handling and

Page 802

disposing of sewerage, and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Sections 5206, to 5218, inclusive 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. Eminent domain. SEC. 23. Be it further enacted, That said mayor and aldermen of said city of Reynolds shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of water works, a system of electric lights, a system of gas works, a system of street railway, and any one, more or all as and whenever they may consider it expedient; to make rules and regulations regarding the use of same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels of transmission. When consumers of such water, gas or electricity, so furnished by the city, shall fail to pay for same promptly, when due, said mayor and aldermen are hereby authorized to cause executions to be issued in favor of said city against delinquent customers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paid, either method, or both, at their option; and in the event such supply is cut off, they may provide for the payment of a reasonable fee for turning same on again. Water works, electric lights, gas works, street railway. SEC. 24. Be it further enacted, That said mayor and aldermen shall have authority and control over all street railroads, electric light and power plants, gas plants, ice plants and factories and wagons and dealers in ice, doing

Page 803

business in said city, and over the persons, firms and corporation owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by said public utilities and ice factories and dealers in ice and the operation of same, and also to fix the rates and charges for such public service and ice; provided, such rates so fixed shall be reasonable. Control of public service businesses. SEC. 25. Be it further enacted, That the mayor and aldermen 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 Reynolds, 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. 26. Be it further enacted, That said mayor and aldermen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also for making contributions to any board of trade or chamber of commerce or like body in said city which may have for its object any of the above stated public purposes; and also to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city, and also of a military company in said city. Appropriations for public entertainments, advertising, etc. SEC. 27. Be it further enacted, That said mayor and aldermen be and they are hereby authorized and empowered to issue bonds for and in the name of the said city for any

Page 804

of the following purposes, to-wit.: For building and equipping public school buildings; extending and improving the water works and sewerage system and drainage system of the city, and laying water mains and sewers; paving, macadamizing, repairing, repaving and improving the public streets, highways, and lanes and alleys and crossings of the city; building and installing one or more [Illegible Text] 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 further for the purpose of building a city hall, a public auditorium, an armory, and any other public buildings and works and making any other public improvements that may be needed for the city; and for any and all other governmental, municipal and public purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, said mayor and aldermen shall, by appropriate resolution or ordinance, direct and provide that such bonds shall be issued 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 said city council shall have the right to fix and determine according to their best discretion); and shall also in said ordinance or resolution call and provide for the holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said city council: provided, always, that the limit of the total 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

Page 805

election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax payers, with all the qualities of commercial paper; and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the city of Reynolds. 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. Ordinance or resolution. Election. SEC. 28. Be it further enacted, That whenever any bonds are issued by the city, it shall be the duty of the mayor and aldermen to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The mayor and aldermen of said city are hereby required and empowered, for the purpose of paying the principal and interest (either or both) of the bonded debt already created or that may hereafter be created by the city of Reynolds and taking care of and handling and investing the sinking fund provided and raised by the city for the payment of its bonds at maturity respectively, to create a board of commissioners to be known as the Sinking Fund Commission of the City of Reynolds, and to provide for the number of persons who shall compose said commission, and for their election or appointment, their qualification, terms of office, compensation (if any), duties and powers, and to make all needful rules and regulations for the government of said commission and the management of said sinking fund. Sinking fund SEC. 29. Be it further enacted, That it shall be the duty of the city council or of the appropriate committee or board or department having same in charge, to see that a full supply of fresh, pure water is furnished to citizens of the city, and that the water supply is adequate for fire

Page 806

protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said water works system; to lay out, construct, repair, or alter existing water mains and pipes, as may be necessary; to provide proper pumps, pumping stations, reservoirs, filters, etc., as may be required; to fix the water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the water works system and of the mains and pipes, and of the water supply; and similarly, in the event the city installs and operates an electric light and power plant, or gas plant, either or both, it shall be the duty of said city council, or its appropriate committee or board or department having same in charge, to see that abundant lights shall be supplied to the city and its inhabitants for the purpose of adequately lighting the streets and public places of the city and furnishing lights to the halls, theatres, stores, residences and other consumers in said city; to adopt rules and regulations as may be necessary for the maintenance and government of such system; to fix rates for the different consumers, properly classifying the same with reference to the amount consumed so that each class shall be treated alike; to regulate the installation of wires and other appliances for the use of the electric current in any form, and to regulate the piping of houses for gas, and transmission of gas in the city; to see that all electric wires are properly installed, insulated and properly protected so as to safeguard the lives and the property of the public; and 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; duty as to supply and regulation. SEC. 30. Be it further enacted, That it shall be the duty of the city council, or of the appropriate committee or board or department having same in charge, to see that the drainage and sewerage systems of the city are adequate and sufficient, and that the sewerage systems of the city be extended

Page 807

as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers and for flushing same, and to make it compulsory upon people of the city where sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer system of the city; to see that the streets, lanes, alleys and public places of the city, and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, night-soil and other refuse, and for the operation of crematories (should same be installed), and for keeping the city in a perfectly sanitary condition in all respects; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city; also to cause the owners of lots and parcels of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front, and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water, to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill same, it shall be lawful for the city council to cause same to be done, and to cause an execution to be issued against the owner of said property and against said property for the expense thereof; also to appoint a sanitary inspector or inspectors who shall perform such duties and to be clothed with such powers as may be prescribed by the city council, in order that the city may be kept in a sanitary condition, and that the sanitary regulations may be properly enforced; and said city may provide by ordinance for appropriate penalties for the punishment of any persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. Sewers and sanitary regulations. SEC. 31. Be it further enacted, That said mayor and aldermen shall have full power and authority to provide quaratine regulations and to establish a quarantine against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the

Page 808

city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall also have authority to provide for the isolation of those affected with or exposed to contagious or infectious diseases, and to establish and maintain pest houses, and to provide for the confinement of persons having such diseases therein, and for rules governing the same, and to enforce such rules by appropriate penalties. [Illegible Text] Vaccination. Diseases. SEC. 32. Be it further enacted, That said mayor and aldermen shall have full power to levy and collect an annual ad valorem tax, not to exceed one per cent. on all 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 aldermen of the city on all said property for paying the principal and interest of the public debt; and in addition thereto, they shall have power and authority to levy and collect an annual ad valorem tax not to exceed one-half of one per cent. upon the value of all real and personal property in said city for public school purposes; said tax to be added together and collected at the same time; and an additional extraordinary tax not to exceed one-fourth of one per cent. may be levied and collected for the following special purposes, viz.: for preventing, fighting, isolating, treating, nursing and stamping out cholera, yellow fever, smallpox or other contagious or infectious diseases, including quarantine and sanitary purposes, and to be collected and used for no other purposes whenever, in the judgment of the mayor and aldermen, the necessities of

Page 809

the city shall require. Said taxes shall become a lien upon all property subject to taxation in said city, as owned on February 1st of each year, and shall become due and collectible as follows: All the taxes levied under the provisions of this Act shall be due and collectible on the 15th day of April, of each year; and taxes may be paid before maturity by any of the taxpayers who may desire to do so, and in such event they shall receive a discount on the tax not due at said time, at a rate to be fixed by the city council not exceeding twelve per cent. per annum. Executions shall issue for all taxes unpaid on the first day of June in each year, or the first business day thereafter in the event same falls upon Sunday, or is a legal holiday, and shall be enforced by levy and collection as heretofore provided. Tax books shall be open for reception of tax returns by the first day of February of each year, and closed on the 15th day of March following. Ad valorem tax for general purposes. School tax. Extraordinary tax. Lien. Collection Execution. SEC. 33. Be it further enacted, That the mayor and aldermen shall prescribe by ordinance the time and manner in which the officer or officers to whom all property, occupations, trades, callings, businesses, etc., shall be returned for taxation by the tax payers and inhabitants of said city; and it shall be the power and duty of the assessor or assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real or personal, by any tax payers in the said city, and if, in his or their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by said mayor and aldermen. Whenever the assessor or assessors shall raise the valuation at which the tax payer has returned 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 aldermen under such rules and regulations as they may prescribe. Returns. Assessments. SEC. 34. Be it further enacted, That said mayor and

Page 810

aldermen shall also have authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles, and autobuggies and public vehicles of all kinds, as well as private vehicles which are unusual in their nature and likely to injure the road beds and streets of the city or frighten horses and become a source of danger, annoyance or disorder; and also traveling venders of patent medicines, soaps, notions, etc.; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, tenpins, shooting galleries, bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, mill ponds, fish ponds, tan yards, blacksmith shops, saw mills, grist mills, steam gins and any manufactories or establishments producing offensive odors or unusual noises or large quantities of smoke; also auctioneers, peddlers, and pawnbrokers and all other classes or kinds of business within the police power of the city, and to fix the amount of the licenses therefor and collect same; and also, said mayor and aldermen shall likewise have power and authority to levy and collect a specific or occupation tax on all business, occupations, professions, callings, trades or avocations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises and incomes therein. Said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of 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 and regulation of occupations. SEC. 35. Be it further enacted, That said mayor and aldermen shall have power and authority by ordinance to classify and provide for registering the various occupations,

Page 811

trades, callings and kinds of business that are carried on in said city, and to fix the specific license tax of 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. Occupations; registration and taxation. SEC. 36. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay the general and specific 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 bear test in the name of the mayor of said city, and shall be directed to and enforced and levied by the marshal of said city, who, after levying the same upon the property of the defendant in fi. fa. or the property against which it is issued, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places in said city for ten days before the day 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 Taylor County are advertised before selling the same; and all sales under execution shall be sold before the door of the city hall in said city. Sales shall be made under the rules and laws governing sheriff's sales. When personal property is sold, the marshal shall [Illegible Text] 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

Page 812

in this State and to the same fees for selling as are allowed to sheriffs in this State; provided, however, that the fees of all said officers, as well as of other officers of the city of Reynolds, who are now or who may hereafter be authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Executions. Levy, advertisement and sale. Fees. SEC. 37. Be it further enacted, That the marshal or collecting officer of the city of Reynolds shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments; the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi. fas., as the same now exists, or as may from time to time be provided by law. Transfer of fi. fas. Redemption. SEC. 38. Be it further enacted, That whenever any execution issued by the proper authority of said city, for taxes, licenses, assessments, fines, forfeitures or any other charge or demand due said city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of said execution is due and the reason why same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received for the balance) with bond and security for the forthcoming of the property levied on, if the same is personal property; and said affidavit so presented shall be returned to the Superior Court of Taylor 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

Page 813

of illegality for delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the superior courts of the State. Affidavit of illegality. 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 ten days in each year, or to pay a commutation tax in lieu thereof not to exceed five dollars ($5.00), as the mayor and aldermen may determine. Should any person liable to work the streets of the city under this section fail or refuse so to do, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the last day, as the said mayor and aldermen by ordinance may require, such person may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding ten days, under direction and control of the proper officer, or be confined in the guard house for a term not exceeding ten days, in the discretion of the mayor. Thirty days' continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Road work or commutation tax. SEC. 40. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city, or for labor or materials to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred dollars ($500.00) in amount, shall be advertised by the city department in which said work, labor or materials properly belong, in a newspaper published in the county of Taylor once a week for not less than two weeks, and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city council. Contracts involving five hundred dollars ($500.00) or less, shall be made by the mayor and aldermen. This section shall not abridge the power of the city to do all necessary work, by its own employees whenever, in the judgment of

Page 814

the city council, the same can be done more effectively or economically. Bids for contracts to be advertised. SEC. 41. Be it further enacted, That a police court is hereby created and established in said city; 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 shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. 1. The mayor of said city shall preside as judge in said court and try and determine cases without a jury. In case of the absence or disqualification or disability of the mayor, or in case of a vacancy in his office, the mayor pro tem., or in his absence, disqualification or disability, any member of the board of aldermen shall preside as such police court judge. 2. Said mayor or presiding officer of said court shall be, to all intents and purposes, a justice of the peace, and shall be authorized and empowered to issue warrants for offenses committed within the jurisdiction of the city of Reynolds 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

Page 815

said police court, it shall appear that the penal laws of the State have been violated, it shall be the duty of the mayor or acting police court judge to bind over the offender to the proper court having jurisdiction of such matters in said county of Taylor; and to that end said mayor or other presiding police court judge shall have the power and authority to commit such offender or offenders to the county jail of said county, or 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 said county. 3. The mayor or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed one hundred dollars ($100.00), or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guard house not to exceed sixty days, either one or more or all, in the discretion of the mayor or other police court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and aldermen of said city. 4. Said mayor or other police court judge when sitting or proceeding in such police court, shall have authority to punish for contempt by fine not to exceed twenty dollars ($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 city hall one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits

Page 816

of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by the mayor or other presiding judge of said court, which respective entries shall be signed by the mayor or other presiding police court judge in such cases. 6. Said police court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of council and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise said court shall have power to compel the attendance of witnesses in all proceedings by issuing subp[oelig]nas which shall be similarly tested, issued and served. Police court. Conduct and jurisdiction. Mayor as judge. Other presiding officer. Warrants. State offenses. Power as to punishment. Execution. Contempts. Sentence. Witnesses. 7. Said police court shall have the power to punish any person disobeying such summons or subp[oelig]nas as for contempts. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the mayor or other police court judge, which said attachment or warrant shall be executed by any member of the police force. Contempt. 8. The cases before said court shall be tried as speedily as possible, with due regards to the rights of the accused and of the city; continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of the said State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. Trial and continuance. 9. When any person who is charged with an offense against the law or ordinances of the city or who is arrested for such offense, shall give bond for his or her appearance at any session of police court, and if such person shall fail

Page 817

to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of the same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city, and said mayor and aldermen are hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited in the superior courts in this State, and said police court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgment upon the same for the amount thereof, in the same way that superior courts grant judgment. On the entering of such judgment, the clerk of the city council shall issue an execution against the principal and sureties or surety 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. Bond for appearance. Forfeiture. 10. In any case where any person charged with an offense against the ordinances of the city or 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 party has deposited a sum of money for the appearance of such person in said police court, then and in that event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the mayor or police court, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said city of Reynolds. Forfeiture of money deposit. 11. Said mayor and aldermen shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount

Page 818

of the fines as imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the city council, and the marshal of the city, or such police officer as he may deputize, shall be the clerk and marshal respectively of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as usually appertain to such officers in courts and as may be fixed by ordinance, and they shall be entitled to receive such fees or costs for their services in said court, when same are collected along with the fines, as above provided, but not otherwise. They shall not be entitled to any payments on account of insolvent costs. Costs. Clerk and marshal. 12. The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said police court shall have the right to have same reviewed by a writ of certiorari, which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. SEC. 42. Be it further enacted, That said mayor and aldermen shall have full power and authority in their discretion to organize a chaingang in and for said city, and to prescribe rules and regulations for same, and for the government thereof, and to cause all offenders against the laws and ordinances of said city to work in said chaingang upon the streets and public works in said city, as said mayor and aldermen may direct; and all persons sentenced to labor by said police court shall be turned over to the superintendent of streets or other officers in charge of the streets and public works to be put to work on said streets or public works in or around said city, as provided by such sentence. Chaingang. SEC. 43. Be it further enacted, That said mayor and aldermen shall have the power and authority to erect and maintain a city guard house, and to establish and provide regulations therefor, in which shall be confined for punishment

Page 819

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 all persons committing or attempting to commit any crime or violation of the laws or ordinances of the city, and confine them in the guard house to await their trial. The mayor and aldermen shall likewise have the right in emergencies to use the county jail of Taylor County. Guard house. SEC. 44. Be it further enacted, That upon complaint filed with the mayor or in his absence or disability to act, the mayor pro tem., by affidavit or in such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said mayor or mayor pro tem. shall have the power to sign and issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, or any member of the police force of the city and may be executed by said chief or any member of the police force of the city or the marshal or any watchman of the city or any other person authorized and empowered to make arrests by the ordinances of the city. 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-mile zone lying outside of the city limits as now defined, or as may hereafter be constituted, as provided for in a previous section of this Act, and likewise the officers of the city may follow violators of the laws and ordinances of the city, and who are endeavoring to escape and arrest them in such flight wherever they may be found in the State. Warrant for arrest. Arrest without warrant. Arrest beyond city limits.

Page 820

SEC. 45. Be it further enacted, That it shall be the duty of the chief of police, by himself, or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquillity of the city and its inhabitants, to prevent the commission of crime, and arrest offenders, to protect the rights of persons and property; to provide proper police force, and protection at fire; 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 all laws and ordinances in force applicable to the police of the city. He will be held responsible for the good order of the city, and the general good conduct of the officers and men under him. The police of the city, including those holding temporary appointments, and night-watchmen shall be subject to the general control of the chief of police. The city may pass ordinances from time to time regulating the chief of police, and the police force of the city; and may clothe watchmen at private plants or factories, and also railroad watchmen with police powers. Peace and order. Duty of police officers. Watchmen. SEC. 46. Be it further enacted, That there shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as the mayor and aldermen may prescribe and such as already exist. It shall consist of a chief and sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the city council. The chief shall be the executive head of the department and shall be responsible for good order and efficiency of the same, and shall make such reports to the city council of the condition of the department as may be required. Fire department. SEC. 47. Be it further enacted, That said mayor and aldermen shall not grant any public franchises to any person, firm or corporation without reserving the right in said

Page 821

grant to tax said franchise, and the right to pass and adopt from time to time such ordinances or regulations, relating and governing the exercise of such franchises as may be deemed expedient or necessary; franchises shall be granted for such periods or terms as the mayor and aldermen may determine to be for the best interests of the city. Franchises, taxation of. SEC. 48. Be it further enacted, That said mayor and aldermen of said city of Reynolds, shall never at any time have the right or power to sell or lease any of the parks or public squares in said city of Reynolds, without first being authorized so to do by consent of two-thirds of the qualified voters of the city at an election called upon the question. Sale or lease of parks or squares. SEC. 49. Be it further enacted, That it shall be within the power of the city board or department especially affected or of the city council to compel any and all public service corporations operating or doing business in said city to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other appurtenances and structures used by them, in the prosecution of their business functions, whenever the same in the discretion of such departments, or said city council, be necessary to carry out any ordinance or plan of the municipal government of the city of Reynolds, or to the best interest of the city and its inhabitants. Public service corporations. 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 March 15th of each year; provided, however, that the tax assessor or the 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 of the aldermen or any officer under said city to be interested, either directly or indirectly, in any contract with the city of Reynolds, having for its object the improvement of the city or any part thereof,

Page 822

or the expenditurew of any money from the city treasury, or in any contract for the purchase or sale of either realty or personalty by or from said city, or in any contract for the furnishing of materials or labor or goods, wares or merchandise to said city or any department thereof; nor shall either of such persons be capable of holding or having any interest in any such contracts or in the profits thereof, either by himself or by another directly or indirectly. Any of the above stated persons who shall violate any of the provisions of this section shall be subject to impeachment as hereinbefore provided, and said contract shall be void; and upon being convicted and removed from office by said impeachment proceedings as provided in this charter, such person shall not be qualified to hold any office or position with or in the government of said city or any department thereof for the term of ten years thereafter. Interest in contracts forbidden. Penalty. SEC. 52. Be it further enacted, That the mayor, alderment, department officers and other officers of said city, whether serving with or without compensation, where they are elected or appointed for a fixed term of office, shall, for violation of their respective oaths of office, or for any violation of the criminal laws of the State, including the misuse or failure to pay over public funds or property, or wilful neglect or failure (except in providential cause) 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 rights exist, but shall be cumulative thereof. Articles of impeachment shall be prepared and presented whenever so ordered, and in the manner that may be ordered by the city council in each case. When it shall be determined by the city council that a trial shall be had under articles of impeachment prepared as above specified, the city attorney shall prosecute in the name of the city. The city council of said city shall have the sole right to try all

Page 823

impeachments, and when sitting for that purpose they shall be under the same oath or affirmation taken by jurors in the trial of criminal cases in the superior courts of the State. When the mayor is tried, a judge of the superior court shall preside; neither the mayor nor any alderman shall be allowed to sit or vote on the trial of his own case if he is on trial; and no person shall be convicted without the concurrence of two-thirds of the members present, the mayor voting except when he is on trial. Judgment in case of impeachment, shall extend no further than removal from office and disqualification to hold any office of honor, trust or profit, under this charter, but the party convicted shall, nevertheless, also be liable and subject to indictment, trial and punishment, according to law in the courts of the State having jurisdiction of such matters. Employees and officers who are employed at the pleasure of the city council, or any board or officer of the city, may be dropped at the pleasure of the appointing power. Impeachment of officers. Remedy cumulative. Trial. Judgment. Removal of employees. SEC. 53. Be it further enacted, That said mayor and aldermen shall also have the right and power: 1. To provide for the [Illegible Text] 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. Inspection of buildings. 2. To regulate all drays, hacks and vehicles of every kind and description used in the city for hire in the transportation of passengers and freight, or both; to provide for the regular inspection of same and for lighting same at night, and to fix the rates of fare and carriage for same; also to regulate the speed and the running of trains, street cars, automobiles, auto-buggies and other vehicles in said city. Hacks, drays, etc. 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

Page 824

elsewhere in the city, and pass all ordinances, rules and regulations necessary and proper in order to control marketing within the city. Markets. SEC. 54. Be it further enacted, That the mayor and aldermen of said city are hereby authorized, whenever they shall deem same expedient in their discretion, to make an assessment on the various lots owned in said city for sanitary purposes, not to exceed three dollars ($3.00) 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 the assessment; the execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said mayor and aldermen shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front; further, that the assessment provided in this section shall not be made on vacant lots, except upon a vote of two-thirds of the city council, and residence lots shall not be subdivided for assessment except where the residence lots have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. Sanitary assessments. SEC. 55. Be it further enacted, That said mayor and aldermen and any of the officers of said city, who may be sued for any act done in his official capacity, may justify under this charter; and the provisions of this charter may be pleaded and shall be full defense against any such 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 in pursuance thereof. Justification under this charter. SEC. 56. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 825

SAVANNAH CITY CHARTER AMENDED. No. 171. 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 no action for damages to person or property of any character whatever shall be instituted against the city of Savannah unless within six months from the happening or infliction of the injury complained of, the complaintant, his executors and administrators shall give notice to the mayor and aldermen of said city of such injury in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such infliction, the character of the injury and the amount of damages claimed therefor. Damages, notice of in six months. SEC. 2. Be it further enacted by the authority aforesaid, That the said municipal corporation is hereby authorized and empowered to condemn property for the purpose of acquiring sites for libraries, auditoriums, wharves, squares, play grounds and all other public purposes. Provided, however, that this provision of this Act shall not repeal any of the provisions of the Act of the Legislature of Georgia of 1895, approved December 11, 1895, Act No. 76, 1895, giving authority to the said city to condemn property for the purpose of opening streets, etc. The said municipal corporation shall proceed in condemning property for the purposes here mentioned under the terms and provisions of an Act of the Legislature of this State, approved December 18, 1894, entitled An Act to provide for the uniform method of exercising the right of condemnation, taking or damaging private property, and to be found on pages 95, 96, 97, 98, 99 and 100 of the volume containing the published laws for the year 1894. The fact that

Page 826

the property needed by the said municipal corporation for the purposes here mentioned may be owned or used by a railroad or other corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Condemnation of property. Act of 1895 remains effective. Procedure under Act of 1894. SEC. 3. The said mayor and aldermen shall have full power and authority to regulate the use of the streets of the city of Savannah for business purposes and no person, firm, or corporation shall have the right to use the streets of said city of Savannah for business purposes without first having obtained the consent and license of the mayor and aldermen of the city of Savannah. Streets, use of for business. SEC. 4. In the event of a vacancy in the office of mayor or alderman of the city of Savannah any citizen of the city of Savannah shall be eligible to election to such office, and the mayor and aldermen shall elect such successor. Vacancy in office; eligibility. SEC. 5. Said mayor and aldermen shall have power and authority to close any portion of a street or streets when necessary for the purpose of erecting an auditorium or other municipal building. Closing of streets. SEC. 6. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the corporate limits of the city of Savannah shall be extended so as to embrace the right of way of the Thunderbolt branch of the Savannah Electric Company from the present eastern corporate limits of said city, opposite Bolton Street in said city, in an easterly direction to the eastern side of a public road known as Skidaway Road, the said extension being thirty (30) feet in width and approximately twenty-four hundred (2,400) feet in length, and is bounded on the north by the northern line of the right of way of said electric company, on the east by the eastern line of Skidaway Road, on the south by the southern line of the right of way of said electric company, and on the west by the present eastern corporate limits of the city of Savannah. Territorial limits extended. SEC. 7. Be it further enacted by the authority aforesaid,

Page 827

That the said mayor and aldermen shall have power and authority to appoint a traffic expert for the city of Savannah, who shall be an expert in the matter of all freight and passenger rates affecting the city of Savannah, and whose duties shall be defined by the said mayor and aldermen, with a view of avoiding any freight or passenger rate discriminations against the said ctiy. The said mayor and aldermen shall also have power and authority to appoint such assistants as in their judgment such traffic expert may need to properly perform his duties, and shall provide for the compensation of such officers when so appointed, and provide for all other expenses incident to the said office. Rate expert. Assistants. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. SAVANNAH STREET CLOSING AUTHORIZED. No. 170. An Act to authorize the mayor and aldermen of the city of Savannah to close and abolish that portion of McDonough Street in Jackson Ward in the city of Savannah from Barnard Street on the east to Jefferson Street on the west, and bounded on the north by lots twenty-one (21) and twenty-two (22) Jackson Ward, on the east by Barnard Street, on the south by lots twenty-seven (27) and twenty-eight (28) Jackson Ward, and on the west by Jefferson Street, and to authorize the mayor and aldermen of the city of Savannah to use said portion of said street for public purposes, and for other purposes.

Page 828

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and aldermen of the city of Savannah are hereby authorized and empowered to close and abolish that portion of McDonough Street in Jackson Ward in the city of Savannah from Barnard Street on the east to Jefferson Street on the west, and bounded on the north by lots twenty-one (21) and twenty-two (22) Jackson Ward, east by Barnard Street, south by lots twenty-seven (27) and twenty-eight (28) Jackson Ward, and on the west by Jefferson Street, and the said mayor and aldermen of the city of Savannah are authorized to use said portion of said street for the purpose of erecting thereon an auditorium and for other public purposes. McDonough Street partly abolished for use as auditorium. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. SMYRNA TOWN TAX FOR BONDS. No. 138. An Act to amend the Act approved August 15th, 1914, amending the charter of the town of Smyrna, Cobb County, Georgia, with reference to purchase and improvement of property for school purposes; to issue bonds for said purpose; to amend Section Four of said Act; provide for the levy and collection of taxes to pay interest and principal of said bonds; to create a commission for the purpose of acquiring said property and the ratification of said Act by the qualified voters of said town of Smyrna, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

Page 829

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 15th, 1914, amending the charter of the town of Smyrna, Cobb County, Georgia, be and the same is hereby amended as follows: By adding after the word the in the sixth line of the fourth paragraph the following: Interest on said bonds as it becomes due and the; said section, when so amended, will read as follows: Be it 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. on all taxable property in said town of Smyrna, to provide a sinking fund sufficient to pay off the interest on said bonds as it becomes due, and the principal thereof, when it matures. Said tax to be levied and collected as other taxes are levied and collected, but said funds are to be used for no other purposes whatever. Act of 1914 amended. Tax to pay 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 13, 1915. SUGAR VALLEY TOWN SCHOOL SYSTEM. No. 151. An Act to amend an Act approved October 24th, 1887, incorporating the town of Sugar Valley in the county of Gordon, State of Georgia; to provide for the establishment and maintenance of a system of public schools in and for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act

Page 830

there shall be established in the town of Sugar Valley, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided for in this Act. Public school system established. SEC. 2. Be it further enacted by the authority aforesaid, That the control and management of the system of public schools created and established under and by virtue of this Act, shall be vested in a board of education of the town of Sugar Valley, consisting of five (5) members, elected by the legal voters of the town of Sugar Valley (said members so elected shall be residents of said town, and shall be legally qualified to vote for State and county officers), who shall be a body corporated under the name and style of Board of Education of the Town of Sugar Valley, and by that name shall have and use a common seal, and shall have power to have, hold, receive and enjoy, possess and maintain and retain to themselves and their successors in office, for school purposes, by gift endowment, purchase or other lawful means, any estate of real or personal property, and by said name shall be capable of suing and being sued, impleading and being impleaded in any court of law or equity in this State. Board of education. Corporate powers. SEC. 3. Be it further enacted, That upon the passage of this Act, the mayor and councilmen of the town of Sugar Valley shall elect, by a majority vote, five male residents of the town of Sugar Valley, who shall be legally qualified voters in elections for electing county and State officers, who shall constitute the board of education of the town of Sugar Valley until their successors are elected and qualified as hereinafter provided. Election of board. SEC. 4. Be it further enacted, That on the fourth Wednesday in December, 1915, the legally qualified voters of the town of Sugar Valley shall elect five members of the board of education of the town of Sugar Valley who shall assume the duties of said board of education on the first day of January, 1916, and who shall hold office until their successors in office are elected and qualified as hereinafter provided,

Page 831

said election to be held under the same rules and regulations now prescribed for holding elections for the election of mayor and councilmen of said town; provided, that the three (3) members so elected who receive the highest number of votes shall hold office for a term of four (4) years, and the two (2) so elected who receive the lowest number of votes shall hold office for a term of two (2) years, and all members elected thereafter shall hold office for a term of four (4) years. Vacancies occurring either by death, resignation or by removal from said town or otherwise shall be filled by election by the mayor and councilmen at a regular meeting or at a special meeting called for the purpose of said election. Election by the people. Vacancies SEC. 5. Be it further enacted, That said board of education shall elect of their own members a chairman and treasurer, and such other officers as they may deem proper; make such rules for the government of themselves as they may deem proper; make such rules for the government of the schools as they may deem proper; require any officer of the board handling funds to make reasonable bond payable to the mayor and [Illegible Text] of said town, and approved by the mayor of said town. Officers of the board. Regulations. SEC. 6. Be it further enacted, That the said board of education shall have full power and authority to regulate the length of the school term, to establish and maintain a public school up to and including the seventh grade for a term of not less than five (5) months and not more than nine (9) months each year, and to establish and maintain a high school embracing the 8th, 9th and 10th grades for a term of not more than eight (8) months each year whenever in their judgments conditions in said town demand such a high school; they shall have full power to elect a superintendent and such teacher or teachers for said school or schools as they may deem proper, and fix the salaries of same; they shall have full authority to discharge or suspend such superintendent or teacher or teachers; they shall have full authority to discontinue or suspend said school or schools upon the breaking out of any disease or epidemic

Page 832

in said school or schools or in said town and for other reasons when they deem such action to be for the best interest of said school or schools. School terms and grades. Superintendent and teachers. Suspension. SEC. 7. Be it further enacted, That said board of education shall have authority to raise by private subscription or in any other manner consistent with the laws of Georgia money for the purpose of purchasing a school site and erecting thereon a school building or buildings and for the purpose of keeping said building or buildings and grounds in good repair. Purchase of site for school houses. SEC. 8. Be it further enacted, That any member of said board of education guilty of malfeasance or gross misconduct, shall be removed from office by a two-thirds (2-3) vote of the mayor and councilmen of said town; provided, such deposed member shall have the right of certiorari to the Superior Court of Gordon County under the rules governing certioraries from justice's courts to superior courts in this State. Removal from office. Certiorari. SEC. 9. Be it further enacted, That said board of education shall cause a school census to be taken during the month of July of each year of all the children of school age living within the corporate limits of said town and furnish one copy to the mayor and councilmen of said town and one copy to the State Superintendent of Schools of the State of Georgia. School census. SEC. 10. Be it further enacted, That after the passage of this Act, the State Superintendent of Schools of Georgia, be and he is hereby authorized and required to pay annually to the treasurer of said board of education the pro rata share of the public school funds of the State of Georgia due on all the children of lawful age residing within the corporate limits of said town of Sugar Valley, based upon the census report provided for in this Act. Proportion of State fund. SEC. 11. Be it further enacted, That on or before the first (1st) day of September of each year, the said board of education shall be required to determine the amount of

Page 833

money, in addition to the public fund provided for in Section 11 of this Act, will be necessary to defray the expenses of said school or schools for the ensuing year, and shall lay the same before the mayor and councilmen of said town, who shall be required to levy and collect the amount so determined by special tax, said amount shall be raised by levying an ad valorem tax upon the real and personal property within the corporate limits of said town, but the amount never to exceed one-half () of one (1) per centum of the entire property value of said town, said tax to be collected as other taxes are levied and collected by municipal authorities in this State, and when so collected, said fund shall be turned over to the treasurer of said board of education. Estimate for year. Tax. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 14, 1915. SWAINSBORO CITY CHARTER AMENDED. No. 172. An Act to amend an Act entitled an Act to amend the 39th section of an Act approved December 6th, 1900, entitled an Act to incorporate the city of Swainsboro, and amended August 18th, 1913, by striking from said amended Act the following words: Provided, that the authorities of said city shall not exercise the powers conferred by this section over or above the property or live stock of such persons as do not reside within the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the authorities aforesaid, That the Act of August 18, 1913, amending the charter of

Page 834

the city of Swainsboro, and the 39th section of the Act of December 6, 1900, providing for the incorporation of the city of Swainsboro and designating the powers thereof, be and the same are hereby amended by striking from said Act the following words: Provided, that the authorities of said city shall not exercise the powers conferred by this section over or above the property or live stock of such persons as do not reside within the corporate limits of said city, so that when said words are stricken, said Act will read as follows: Act of 1913 amended. Be it further enacted, That the city of Swainsboro and said council thereof, shall have the authority to exercise all rights, duties and privileges given to the cities of this State under the general laws of the State not inconsistent with the provisions of this Act; 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, stock and cattle of all kinds from running at large in said city; to impound the same as may be by them prescribed, and to punish any owner of such stock who wilfully turns out for the purpose of allowing them to run at large, any stock. To be read. Animals at large. 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 16, 1915. SYLVESTER CITY CHARTER AMENDED. No. 62. An Act to amend an Act incorporating the city of Sylvester, in the county of Worth, State of Georgia, authorizing

Page 835

said city of Sylvester to establish and maintain a city chaingang, or work gang; to provide for the election of a mayor and council on the first Wednesday in December instead of the first Wednesday in January; to provide for tax assessors of the city of Sylvester and their election and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the city of Sylvester shall have the power to organize one or more chaingangs or work gangs and to confine therein persons who have been sentenced by the recorder of the city of Sylvester or other duly authorized persons acting as recorder of said city of Sylvester, to work upon the public works and streets of the said city of Sylvester and shall have full power and authority to make rules and regulations that may be suitable or necessary for the care and control of said gang, and to enforce the same through its proper officers. Work gangs. SEC. 2. Be it further enacted by the authority aforesaid, That Section Six of the original Act incorporating the city of Sylvester, approved August 13th, 1904, be and the same is hereby amended by striking from said section and repealing so much of said section as reads as follows: Beginning on the sixth line of said sixth section with the word the and reading, The election for officers of the said town shall be held annually on the first Wednesday in January of each year, by three freeholders of said city, the same to be conducted in the same manner as elections for members of the General Assembly of Georgia. The polls shall be opened at some convenient place in said town to be designated by the mayor and council at ten o'clock A. M. and shall be closed at three o'clock P. M.; the managers shall before proceeding to hold said election take and subscribe the following oath, to-wit.: `All and each of us do solemnly swear that we will faithfully superintend this day's election; and that we will make a true return thereof;

Page 836

that we will not knowingly permit any one to vote who is not entitled to do so, nor knowingly prevent any one from voting who is entitled to do so; that we will not divulge for whom any vote was cast, unless called upon in some court of law to do so; so help us God,' which oath may be taken before any officer authorized by law to administer oaths or the managers may swear each other. The managers shall certify the result of the election to the acting mayor and council, which result shall be filed with the clerk of the council, together with one of the tally sheets and one of the voters' lists, each duly signed by the managers, and the ballot box duly sealed, and the returns thus made shall remain of file in the clerk's office of the city council until noon of the following day, and, if no notice of contest is filed with said clerk by that time, he shall proceed without delay to record the certificate of the result of the said election upon the minutes of the council, and shall issue and deliver to each officer elect a certificate of his election, showing to what office he has been elected, and this certificate shall be sufficient authority to the person so elected to enter upon the discharge of his duties as such officer; at any time before noon of the day following the day of the election, any candidate appearing to have been defeated may institute a contest of said election, and claim the office for which he was a candidate by giving notice to the clerk of the city council, and serving a copy of the same upon the candidate appearing to have been elected, proceedings in this and otherwise in the same manner as provided by Sections 107 to 109, inclusive, of the Code of this State, Volume One, the same to be finally determined by the judge of the Superior Court of Worth County as therein provided. The mayor and four councilmen shall be elected by the qualified voters of said city, at the annual election above provided for. The mayor shall serve for a term of one year from the date of his election and until his successor shall have been elected and qualified, the successor of the present incumbent to be elected at the regular election on the first Wednesday in January, 1905. Two of the councilmen shall be elected for a term of two years from the

Page 837

date of their election on the first Wednesday in January, 1905, to succeed the present incumbents, whose terms expire on that day; and the other two councilmen for a term of two years from the date of their election at the regular election in January, 1906, to succeed the present incumbents, whose terms expire on that date, and so on thereafter, two being elected at each annual election for a term of two years and until their successors are elected and qualified, and inserting and enacting in lieu thereof the following: The election for officers of the said city of Sylvester shall be held annually on the first Wednesday in December of each year, by three freeholders of the said city of Sylvester, and the same to be conducted in the same manner as the elections for members of the General Assembly of Georgia; the polls shall be opened at some convenient place in the said town to be designated by the mayor and council at ten o'clock A. M. and shall be closed at three o'clock P. M.; the managers shall before proceeding to hold said election, take and subscribe the following oath, to-wit.: `All and each of us do solemnly swear that we will faithfully superintend this day's election; that we will make a true return thereof; that we will not knowingly permit any one to vote who is not entitled to do so, nor knowingly prevent any one from voting who is entitled to do so; that we will not divulge for whom any vote was cast unless called upon in some court of law to do so; so help us God,' which oath may be taken before any officer authorized by law to administer oaths or the managers may swear each other; the managers shall certify the result of the election to the acting mayor and council, together with one of the tally sheets and one of the voters' lists, each duly signed by the managers and the ballot box duly sealed, and the returns thus made shall remain of file in the clerk's office of the city council until noon of the following day, and, if no notice of contests is filed with said clerk by that time, he shall proceed without delay to record the certificate of the result of the said election upon the minutes of the council, and shall issue and deliver to each officer-elect a certificate of his election, showing to what office he has

Page 838

been elected, and this certificate shall be sufficient authority to the person so elected to enter upon the discharge of his duties as such officer; at any time before noon of the day following the day of the election, any candidate appearing to have been defeated may institute a contest of the said election, and claim the office for which he was a candidate, by giving notice to the clerk of the city council and serving a copy of the same upon the candidate appearing to have been elected, proceeding in this and otherwise in the same manner as provided by Sections 121 to 123, inclusive, of the Code of this State (1910) Volume One, the same to be finally determined by the judge of the Superior Court of Worth County as therein provided. The mayor and two councilmen shall be elected by the qualified voters of the said city, at the annual election provided for. The mayor shall enter upon the discharge of his duties January 1st, next, after his election and qualification, and serve a term of one year from the date of his entering upon the discharge of his duties, as before provided for, and serve until his successor shall be elected and qualified, the successor of the present incumbent, whose term shall expire January 1st, 1916, to be elected at the regular election on the first Wednesday in December, 1915. Two of the councilmen shall be elected for a term of two years from the date of their entering upon the discharge of duty as such, January 1st, after the regular election on the first Wednesday in December to succeed the present incumbents, whose terms shall expire on that date; and the other two councilmen for a term of two years from the date of their entering upon the discharge of duty as such January 1st, 1917, to be elected at the regular election in December, 1916, to succeed the present incumbents, whose terms shall expire on that date and so on thereafter, two being elected at each annual election on the first Wednesday in December, for a term of two years and until their successors are elected and qualified. Act of 1913 amended. Matter repealed. [Illegible Text] in lieu. Annual election of officers. Oath of managers. Returns. Contest. Terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That the part of Section 16, beginning on line 36 of

Page 839

said section of Act incorporating the city of Sylvester, approved August 13th, 1904, be and the same is hereby amended by striking from said section and repealing so much of said section as reads as follows: Beginning on the 36th line with the word at and reading at their first meeting in June of each year, the mayor and council shall appoint by order on their minutes, three freeholders of the said city who shall have resided therein at least two years prior to their appointment, who shall constitute a board of tax assessors for the said city, whose duty it shall be to go over and carefully consider the tax returns delivered to them by the receiver, as above provided, and it shall be their duty, and they are hereby granted power to assess and fix a just and equitable valuation on all property and other things returnable for taxation as above provided, and to enter the valuation fixed by them opposite the return on said blank; they shall also fill out blanks and enter a return of all property subject to taxation within the limits of said city that has not been returned that may come to their knowledge, marking the same unreturned and fixing the valuation thereupon, it being their special duty to be diligent in their efforts to see that all property subject to taxation has been returned; the valuation placed on property by this board shall be final and the same shall be taxed accordingly, and the following shall be and is inserted and enacted in lieu thereof: At the regular election of other officers of the city of Sylvester to be held on the first Wednesday in December, 1915, there shall be elected in the same manner as other officers of said city of Sylvester, three freeholders of the city of Sylvester, who have resided therein at least two years prior to their election, who shall constitute a board of tax assessors for the city of Sylvester, whose duty it shall be to go over and carefully consider the returns delivered to them by the receiver as above provided, and it shall be their duty and they are hereby granted power to assess and fix a just and equitable valuation on all property and other things returnable for taxation as above provided, and to enter the valuation by them opposite the

Page 840

return on said blanks; they shall also fill out blanks and enter a return of all property subject to taxation within the limits of said city that has not been returned that may come to their knowledge, marking the same unreturned and fixing a valuation thereupon, it being their especial duty to be diligent in their efforts to see that all property subject to taxation has been returned; the valuation placed on property by this board shall be final, and the same shall be taxed accordingly. Matter repealed. Matter enacted instead. Tax assessors. The freeholder receiving the largest number of votes at the election above referred to, for tax assessors shall hold said office for a term of three years from the time of entering upon the discharge of his duties January 1st, 1916, and until his successor is elected and qualified, and the freeholder receiving the second largest number of votes for tax assessor at said election, shall hold for a term of two years from January 1st, 1916, at which date he shall enter upon the discharge of his duties as such, and the freeholder receiving the third largest number of votes of said election shall hold for a term of one year from January 1st, 1916, at which time he shall enter upon the discharge of his duties as such tax assessor and serve until his successor is elected and qualified. There shall be one freeholder of said city of Sylvester elected at each annual election in said city thereafter beginning the first Wednesday in December, 1916, as such tax assessor for a term of three (3) years beginning January 1st, next after his election, at which time he shall enter upon the discharge of his duties and shall serve until his successor is elected and qualified. The election of said tax assessor shall be at the same time, held by the same authority, in the same manner, and the result shall be declared in the same way as that of the election for mayor and councilmen of the city of Sylvester and shall be a part of said election; provided, that such tax assessors shall be paid the sum of fifteen dollars per annum by the city of Sylvester for services rendered as such tax assessors. Terms of office. SEC. 4. Be it further enacted by the authority aforesaid,

Page 841

That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1915. TALLAPOOSA CITY CHARTER AMENDED. No. 182. An Act to amend an Act to repeal an Act, approved December, 26, 1888, to incorporate the city of Tallapoosa, in the county of Haralson, and to adopt a new charter for said city, and for other purposes, approved December 23, 1896; so as to change the provisions for the election of the mayor and councilmen of said city, and the term for which said mayor and councilmen shall hold office; to confer on said mayor and council authority to pave, grade, macadamize, or otherwise improve the streets of said city; to assess two-thirds the cost of said improvements against the property abutting on the streets so improved; to confer authority for the collection of said assessments; to provide for general notice of the assessment of property for taxation in said city; to change the time for publication of annual statement of the financial condition of said city; to more fully define the power and authority of the mayor, and for 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 said Act, adopting a new charter for the city of Tallapoosa, approved December 23, 1896, be and the same is hereby amended by repealing and striking therefrom Section Four thereof, which section provides for the election of mayor and councilmen of said city. Act of 1896 amended.

Page 842

SEC. 2. Be it further enacted by the authority aforesaid, That the following provision be and the same is hereby enacted and substituted in lieu of said Section Four of said Act: That on the first Saturday in March, 1916, an election shall be held between the hours of seven o'clock a. m., and four o'clock, p. m., in said city, for mayor and five councilmen, the mayor to hold office for a term of two years, two of said councilmen to hold office for a term of two years, and three of said councilmen to hold office for a term of one year. That on each ballot [Illegible Text] in said election the voter shall plainly designate whether it is his intention to vote for the candidate for whom said ballot is cast for a one or two-year term of office, and said ballots shall be so counted as to carry into effect the intendments of this provision. Annually after said first Saturday in March, 1916, an election shall be held between the above named hours to fill vacancies in the office of councilmen to occur by the expiration in said year of the term of office of any of said councilmen theretofore elected, said councilmen so elected after the election to be held on the first Saturday in March, 1916, to hold office for a term of two years. Every two years after said first Saturday in March, 1916, at said election for councilmen, a mayor shall also be elected to hold office for a term of two years. All of said officers, whose election is in this section provided for, shall be and are authorized to perform the duties of their office beyond the term herein designated until their successors are elected and qualified; and it is herein expressly provided that nothing herein contained shall affect the term of office of the present mayor and councilmen of said city, and that said mayor and councilmen shall hold office until their successors are elected and qualified as herein provided. Election and terms of mayor and councilmen. Vacancies. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority, within their discretion, or presentation of written petition as hereinafter provided, to grade, pave, macadamize, or otherwise improve for travel and drainage

Page 843

the streets of said city, and the public lanes and alleys of said city, to put down curbing, cross-drains, crossings, and otherwise improve the same. Streets, etc. SEC. 4. In order to fully carry into effect the authority above delegated, said mayor and council shall have full power and authority to assess the cost of paving, grading, macadamizing or otherwise improving the streets, public lanes and alleys of said city on the real estate abutting on the street, public lane or alley so graded, paved, macadamized, or otherwise improved. Assessments for street improvements. SEC. 5. Said mayor and council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of street, or on the public lane or alley, or portion of public lane or alley, so improved, in proportion to the number of front feet of each lot or parcel of land abutting on such street, or portion of street, public lane or alley, or portion of such public lane or alley. Two-thirds of the cost of grading, paving, macadamizing or otherwise improving said streets or portions thereof, and said public lanes and alleys, and two-thirds of the cost of constructing side-drains, cross-drains, crossings, and otherwise improving said streets, public lanes and alleys, or portions thereof, shall be assessed on real estate abutting on each side of the street, public lane or alley, or portion thereof so improved; one-third of the cost to be so assessed, as herein provided, on the real estate abutting on one side of the street, public lane or alley or portion thereof thus improved, and one-third of said cost to be assessed, as herein provided, on the real estate abutting on the other side of the street, public lane or alley, or portion thereof so improved, in this way making up two-thirds of the cost to be assessed against the abutting property owners, as above provided. Equalization of assessments. SEC. 6. In order to exercise the authority to grade, pave, macadamize and otherwise improve the streets, public lanes and alleys of said city, and to construct curbing,

Page 844

cross-drains, crossings and other improvements, herein conferred on said mayor and council, it shall be necessary that the owner or owners of at least two-thirds in value of the real estate abutting on said street, public lane, or alley, or portion thereof, to be improved, petition in writing said mayor and council to make such improvements. In determining whether the owner or owners of two-thirds of said abutting property according to value have so petitioned said mayor and council, reference shall be made to valuation of said abutting property according to the last preceding valuation of said property as shall appear from the tax digest of said city. No petition shall be considered by said mayor and council which has not been gotten up by an owner of property abutting on the street, public lane or alley to be improved, and no petition shall be considered by said mayor and council or be a basis for action thereon which does not petition for the improvement as herein provided for of as much as one block of any street, public lane or alley of said city. Upon the filing of such petition with the clerk of the mayor and council of said city, said mayor and council shall cause a notice of the presentation of such petition and the time and place when the same will come up for consideration and action to be published in a newspaper in said city at least ten days before an order shall be passed based on such petition. If no paper is for any reason published in said city at the time of the presentation of such petition, then the above notice shall be posted in two conspicuous places in said city ten days before action on such petition. When the petition comes up for consideration and action, opportunity shall be given to all parties interested to advocate or oppose the granting of the petition or favorable action thereon. In the event said petition shall be granted, an order or resolution of said mayor and council shall be passed directing said work to be done. In all cases where the petition appears to be signed by property owners owning property in two-thirds the value of all property abutting on the street, public lane or alley, or portion thereof, to be improved, as herein provided, which determination shall be evidenced by passage

Page 845

of the order or resolution, and the work is executed thereunder, and notice has been given as hereinbefore provided for, the determination of said mayor and council of the efficiency of the petition, and the existence and efficiency of all other preliminary provisions for the passage of said order or resolution shall be final as to the rights and interests of all persons or corporations interested who have not prevented the execution of the work by injunction or other appropriate legal or equitable remedy before it is commenced. Petition of owners of property. Notice to be published. Action and resolution. SEC. 7. The said mayor and council are hereby authorized and empowered, in addition to the power and authority hereinbefore conferred, in their discretion, to grade, pave, macadamize, or otherwise improve for travel and drainage the streets, public lanes and alleys of said city, to construct cross-drains, side-drains, and crossings, and all like improvements on portions of any street, public lane or alley in said city not to exceed one block of said street, public lane or alley, a portion of which street, public lane or alley is already graded, paved, macadamized, or otherwise improved under the authority herein conferred, when such improvement by grading, paving, macadamizing or otherwise improving will connect a portion or portions of such street, public lane or alley already improved with another improved street, public lane or alley, or portion of street, public lane or alley already improved, upon petition of owners of property abutting on such street, public lane or alley or portion thereof to be so improved, amounting in value to one-half the total value thereof, to be ascertained as hereinbefore provided, said improvement to be done in the manner provided by the preceding sections, and to be governed by the provisions of the preceding sections. Additional powers. SEC. 8. Said mayor and council shall have full power and authority to enforce the collection of any assessment made under the authority herein conferred by execution and sale of any property on which said assessments for said improvements are made. The amount of assessment on each piece of real estate shall be a lien on said real estate

Page 846

from the date of the passage of the ordinance making the assessment, and shall have rank and priority of payment next in point of dignity of liens in favor of said city of Tallapoosa for taxes due said city. Execution. Lien of assessment. SEC. 9. Payment of the amount of assessment made on each piece of real estate made under the authority herein conferred shall be enforced and collection therefor made by issuance of execution against the property on which said assessment is made, in case the same is not paid within thirty days after the passage of the ordinance making such assessment, by the clerk of the mayor and council of said city, directed as now provided for executions issued for taxes on real estate due said city, describing said real estate as is now provided for description of real estate against which executions are issued for taxes due said city, and the levy of said executions for assessments made on real estate under the authority herein conferred, the advertisements of the sale thereof, and the sale thereof, shall be governed by existing provisions of law in reference to tax executions against real estate for taxes due said city thereon, the levy thereof, the advertisement of sale thereof, and the sale thereunder. The existing provisions of law for the redemption of property sold under tax executions for taxes due said city for taxes thereon shall apply to the redemption of property sold under executions issued for assessment of the cost of improvement work made under the authority herein conferred. Payment of assessments. Executions, levy and sale. Redemption. SEC. 10. That said mayor and council shall have full power and authority to enact any ordinance necessary to carry into effect the intendment and purposes of the above and foregoing sections, and for that purpose shall have full power and authority to provide by ordinance in their discretion for additional notice to property owners of said work of improvement of the streets, public lanes or alleys of said city, and of the assessment of the cost thereof, or other detail in carrying into effect the purposes of the foregoing sections. Additional notice.

Page 847

SEC. 11. Be it further enacted by the authority aforesaid, That Section 9 of said Act be and the same is hereby amended as follows, by inserting in said section, immediately preceding the words: The list of all real estate as herein provided, etc., the following: A general notice of the completion of the list of real estate and personal property and of the assessment of same, as herein provided, shall be published once in a newspaper published in said city immediately after the completion of said work, and at least ten days before the tax rate to be levied and collected shall be ascertained, as in this section provided. Publication. SEC. 12. Be it further enacted by the authority aforesaid, That Section 32 of said Act be and the same is hereby amended, by striking from the last sentence in said section the words: first day of January, and substituting in lieu thereof the words: fifteenth day of February, so that said last sentence in said section shall read as follows: This account shall be made and published on or before the fifteenth day of February in each year. Time of publication. SEC. 13. Be it further enacted by the authority aforesaid, That Section 34 of said Act be, and the same is hereby amended as follows, by inserting in said section immediately following the words, but he shall have no vote except in case of a tie, the following: and in elections of officers and agents of said city; so that the first sentence of said section shall read as follows: That the mayor of said city shall preside at all meetings of the council, but he shall have no vote except in case of a tie, and in elections of officers and agents of said city. Mayor's vote. 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 16, 1915.

Page 848

THOMASTON CITY PUBLIC SCHOOL SYSTEM. No. 152. An Act to establish a system of public graded school and schools of manual training and domestic science in the city of Thomaston, in the county of Upson; to provide for the maintenance of the same, by authorizing and empowering the corporate authorities to levy and collect a tax; to require the county superintendent of schools of Upson County to pay over to the board of education of said city the pro rata share of the State school fund for all pupils attending the schools established in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the city of Thomaston, in the county of Upson, a system of public schools, to be established, conducted and maintained as hereinafter prescribed. Public schools. SEC. 2. Be it further enacted, That the board of education for the said system of public schools shall be composed of the board of trustees of R. E. Lee Institute, at Thomaston, Georgia, seven in number, said R. E. Lee Institute being a legally chartered institution, and now operating as such. Board of education. Further, That said board shall be perpetuated in the manner now prescribed by the charter of the said institute, to-wit.: The election of the board of education shall be by the board, one member to be retired annually the last Friday in May, and not to be eligible for re-election within two years thereafter; the term of office of each member being seven years from the date of his election. Further, that in cases of death, resignation, or removal from the city of Thomaston, the vacancies thereby made shall immediately be filled by election by said board. Member elected annually.

Page 849

SEC. 3. Be it further enacted, That R. E. Lee Institute shall, so long as desired by its board of trustees, become a part of the public school system and be operated thereunder and share in its benefits, privileges, etc. R. E. Lee Institute. SEC. 4. Be it further enacted, That the officers of the said board of education shall be a president and vice-president, elected from the members of the board; a secretary and treasurer, who may be a member of said board, and such other officers as may be deemed advisable and necessary, all of whom shall be elected by said board, and hold their offices at the pleasure of said board. The board of education, including the president and vice-president thereof, shall serve without compensation; the secretary and treasurer and such other officers as shall be created and elected shall receive such compensation as the board may fix. Officers of the board. SEC. 5. Be it further enacted, That the board of education shall take and hold in trust for the city of Thomaston 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 acquire property by purchase and to erect buildings thereon for school purposes; that they further have the right and power, if they see fit, to rent, lease or take over for a number of years, with the privilege of removal, from any person or corporation, school buildings, equipment and furnishings and grounds for school purposes; that they have the right to borrow money for current expenses, and to do all other things that may be necessary to carry on successfully a modern school system. Donations. Rights and powers. SEC. 6. Be it further enacted, That the board of education shall have full power and authority to devise, designate, establish, adopt and maintain a system of public schools in said city; to increase, modify, alter and change the same from time to time; to establish public schools for the said city of Thomaston including primary, grammar and high schools, as they may deem expedient and proper; to prescribe the curriculum, including agriculture, manual

Page 850

training, domestic arts, etc.; appoint and employ teachers for the said schools and superintendent for the same; to fix the compensation for teachers and superintendent; to make such by-laws, rules and regulations for their own government, and that of the superintendent, teachers and pupils of said schools as they may deem proper; and to do any and all other acts promotive of the best educational interest of the said city when not in conflict with this Act or the Constitution and laws of the State. Other powers specified. SEC. 7. Be it further enacted, That the county superintendent of schools of Upson County shall pay over to the board of education of the city of Thomaston that portion of the public school fund coming from the State to the county of Upson as the children of school age in the city of Thomaston would be entitled to receive a pro rata distribution of said fund to the children of school age in the county of Upson, as ascertained by the last census of children of school age in the county of Upson, and the city of Thomaston. Proportion of State fund. SEC. 8. Be it further enacted, That the board of education of said city shall have power and authority to contract with the proper authorities of the county of Upson for the admission of children living outside of the city limits into the public schools of the city, and the treasurer of the board of education shall receive from the county superintendent of schools such amounts as may be provided in the contract so made. Non-resident children. SEC. 9. Be it further enacted, That the board of education of said city may fix, charge and collect a matriculation fee of residents of said city for admission into the primary, grammar, and high schools, and other departments of said system of public schools of said city which if demanded shall be paid at or before admission into the school. Further, that said board of education may also provide for the admission of children whose parents or guardians reside outside of said city, upon payment of such rates of tuition as the board in its discretion may provide. Said board may also provide for the admission of children residing

Page 851

outside of the city, also for the admission of such students residing in the city not within school age, upon payment of such rates of tuition as may be prescribed by said board. Matriculation fee. Tuition. SEC. 10. Be it further enacted that the State school fund shall be supplemented by an ad valorem tax levied by the city council of the city of Thomaston, as follows: The board of education shall by the first of August of each year make an estimate of the amount necessary to be raised that year for additional support of the public schools in said city, and place this estimate before the said city council, and it shall be their duty when making the annual tax levy for the current expenses of the said city to levy a school tax along with other taxes upon all taxable property within the corporate limits of the city of Thomaston, and the said city council is hereby authorized and required to levy said school tax and collect, or have collected by the city officers, along with the other ad valorem taxes of said city in the same manner as the other city taxes are levied and collected; provided, however, that said city council have no authority to levy and collect more than two and fifty-hundredths per 1,000 on all taxable property within the said city for school purposes. School tax. SEC. 11. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the city of Thomaston, for which purpose the city council shall order an election, of which thirty days' notice shall be given in any paper published in Upson County and at two or more public places in said city, which said election shall be held under the same rules and regulations as are required for mayor and aldermen and the qualifications 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 city council of said city of Thomaston, who shall open said returns and declare the result of said election at the first regular meeting thereafter, and if two-thirds of

Page 852

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 city council may 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 an 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 to be adopted by popular vote. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915. THOMASVILLE CITY SCHOOL TAX INCREASE. No. 7. An Act to amend the Act approved November 30, 1900, establishing a system of public schools in the city of Thomasville, Thomas County, Georgia, so as to increase the tax levy for the establishment and maintenance of said school from one-quarter of one per cent., to two-fifths of one per cent., to provide for the levy and collection of said tax and for the submission of this Act for ratification to the voters of said city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Act recited in the caption of this Act be amended by striking from the eighteenth line of the second section of said Act as published in the Acts of 1900, page 45, the figures , and wherever else the same occurs in said Act,

Page 853

expressed either in figures or words, and inserting instead thereof, the words two-fifths, the effect of which being to increase the annual tax levy for support of public schools in said city from one-fourth to two-fifths of one per cent. Act of 1900 amended. School tax increased. SEC. 2. That the mayor and council of the city of Thomasville shall submit this Act for ratification or rejection by the qualified voters of said city, after three weeks' notice in the newspapers published in said city, of the day upon which an election will be held for that purpose, and that all persons qualified to vote at the last election for mayor and aldermen and such as may qualify by registering between the date of said notice and a period of three days prior to said election, which registration shall be conducted as now provided by law for said city (except as otherwise changed by this Act) shall be qualified to vote at said election. All voters who favor the ratification of this Act shall have written or printed upon their ballots the words For ratification of Act increasing school fund, and those opposed Against ratification of Act increasing school fund. This Act to be submitted to popular vote. SEC. 3. In the event two-thirds of those voting at said election should vote affirmatively, the mayor and council to whom the returns shall be made, shall declare and publish the result, and thereafter shall carry out the provisions of Section One of this Act by increasing the annual levy of taxes for school purposes from one-fourth to not exceeding two-fifths of one per cent. in manner as heretofore provided. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1915.

Page 854

TIFTON, CITY OF, CHARTERED ANEW. No. 168. An Act to repeal the present charter of the city of Tifton, to provide a new charter for the city of Tifton; to define its limits; to provide for a mayor and council and other officers for the city of Tifton; to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the city of Tifton to establish a public school system, a system of water works and a system of electric lights, under such restrictions as are provided by State law, wherever in the judgment of the mayor and council of said city such course may be deemed advisable, and to issue bonds for any and all of these purposes under such restrictions as are provided by State law; to provide for taxation and the granting of licenses to all kinds of business, trades, callings or professions, and to grant a charter to said city under the corporate name of the city of Tifton, 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 incorporate the city of Tifton, approved December 17th, 1902, and all Acts amendatory thereof be and the same are hereby consolidated into and superseded

Page 855

by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provisions hereof are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Act of 1902 and its amendments repealed. SEC. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Tifton, in the county of Tift, is hereby incorporated. Its corporate limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the railroad crossing of the Georgia Southern and Florida Railroad and the Atlantic Coast Line Railway in said city, and running south three-quarters ([frac34]) of a mile; thence due east three-quarters ([frac34]) of a mile; thence due north to the north line of the right of way of the said Atlantic Coast Line Railway; thence in a westerly direction along the said north line of the said right of way to the east line of an extension of Tift Avenue in said city; thence north along the east line of said Tift Avenue to the south line of Second Street in said city; thence east along the south line of said Second Street to a point directly north of the portion of said east line already defined; thence north to a point one and a half miles from the junction of the said south and east lines; thence due west one and one-half miles; thence due south one and one-half miles; thence due east three-quarters of a mile to the place of beginning the said south line; provided, that the territory bounded on the west by said extension of Tift Avenue, on the north by Second Street, on the east by an extension of the east line of said city, and on the south by the right of way of the Atlantic Coast Line Railway, shall be under as complete jurisdiction of the city of Tifton or of its mayor and council for sanitary and police purposes as though it were wholly within the corporate limits of said city; but provided, further, that said city nor the mayor and council thereof shall never be at any expense on account of said territory, but all expenses to proper sanitation and policing same

Page 856

shall be a charge against the property therein and the owners thereof, and such expenses shall be collected by execution and levy as in case of property located in the city of Tifton. The said defined territory is incorporated under the name and style of the City of Tifton, and the city of Tifton is hereby chartered and given all of the privileges and benefits conferred on cities by the Constituition and laws of Georgia, and by said name is established and may have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, or in cities thereof; and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in any wise appertaining to the city of Tifton, or to the mayor and council of Tifton, as heretofore incorporated, shall be, and are, hereby vested in the city of Tifton, as created by this Act; and the city of Tifton, in Tift County, Georgia, created, established and declared by this Act, may in such 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, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and of the United States, and the city of Tifton shall be capable in law to purchase, hold, enjoy, receive, possess and retain, in perpetuity, lands, tenements or hereditaments of any kind whatsoever within and without the corporate limits of said city for corporate purposes; and to sell, alien and convey, exchange or lease the same or any part thereof. The present mayor and council of the city of Tifton shall continue in office as the mayor and council of the city of Tifton, incorporated under this Act, until their present terms expire or their successors are elected and qualified, and all other officers of the city of Tifton shall continue in office in the city of Tifton until their present terms expire or their successors are elected and qualified, such officers being subject to dismissal and all other pains and penalties as are provided in this Act. City incorporated. Territorial limits. Police and sanitation in adjacent territory. Corporate name. General powers. Officers holding.

Page 857

SEC. 3. Be it further enacted, That the municipal government of the city of Tifton shall consist of a mayor and six councilmen, who shall be elected for and serve a term of two years each, or until their successors are elected and qualified, and such other officers elected by said mayor and council as are herein provided for, or as may be necessary in carrying out the provisions of this Act. Government. SEC. 4. Be it further enacted, That there shall be elected on the first Wednesday in December, after the passage of this Act, a mayor and three councilmen, unless it be that the mayor's term is not about to expire, in which event, three councilmen only, who shall each serve for a term of two years, or until their successors are elected and qualified and biennially thereafter, at each of said elections, there shall be elected a mayor and three councilmen, or only three councilmen as above provided, in the event the mayor's term of two years be not about to expire. In said elections the polls shall be opened at such place as the mayor and council shall determine, at least three days' notice being given of the place of holding such election, at 8 o'clock A. M., standard time, and closed at three o'clock P. M., standard time. Said elections shall be under the management and control of a justice of the peace and two freeholders resident of said city, or of three freeholders resident of said city, which said justice of the peace and freeholders shall be elected by the mayor and councilmen of said city then in office. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by said mayor and council, not exceeding three dollars per day each. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with this Act. Election and terms of mayor and councilmen. Conduct of election. SEC. 5. Be it further enacted, That the managers of elections in said city shall take before some officer authorized

Page 858

to administer oaths, or administer to each other the following oath: I, _____, do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor, so help me God. Oath of managers. SEC. 6. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted, the tally sheets and list of voters shall be certified in writing by said managers in the following language, to-wit.: We do certify that the foregoing pages or sheets constitute the tally sheets (or lists of voters, as the case may be) of an election for _____ held by us this _____ day of _____19_____, and that they are an accurate and faithful record of the names and number of voters at said election. This _____day of _____19_____. _____Manager, _____Manager. _____Manager. The tally sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. Certificate. SEC. 7. Be it further enacted, That on the day next succeeding the election the managers thereof shall file a written report of the result with the city clerk showing the number of votes cast and for whom cast. Upon the filing of said report the mayor and council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting. Report of result. SEC. 8. Be it further enacted, That after-thirty days from the day of said election, if no notice of contest has been given as to result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction, for any cause

Page 859

whatever, inspect either the tally sheets, lists of voters or ballots of said election after they have been filed by the clerk of the city as aforesaid, he shall be liable to fine or imprisonment, or both, in the discretion of the police court of said city. Ballots. SEC. 9. Be it further enacted, That the term of office of the mayor and council of the city of Tifton shall be two years from the first Monday in January after their election. On the said first Monday in January after their election the mayor and councilmen elect shall meet in the city hall, or other usual place of holding council meetings in said city of Tifton, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit.: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Tifton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Term of office. Oath of office. SEC. 10. Be it further enacted, That any person who has resided in the city of Tifton six months and is a qualified voter under Section 34 of the Code of Georgia, 1910, and who will have registered his name in the registration book, hereinafter provided for, shall be a qualified voter in the city of Tifton. Qualified voters. SEC. 11. Be it further enacted, That immediately after the passage of this Act the clerk of the said city of Tifton shall open a book to be designated as the Voters' Book for the city of Tifton, containing on the first page thereof the following oath, to-wit.: I do swear or affirm that I am a citizen of the United States, that I am 21 years of age, or will be on the_____day of_____ of this calendar year; that I have resided in this State for one year, and within the corporate limits of the city of

Page 860

Tifton for six months immediately preceding the date of this oath, or will have so resided on the _____day of _____of this calendar year; I have paid all taxes, which, since the adoption of the Constitution of 1877, have been required of me, State, county and municipal, except taxes for this year; that I possess the qualifications of an elector required by the Constitutional amendment adopted 1908; that I am not disqualified from voting by reason of any offense committed against the laws of this State; I further swear that I reside at Number _____Street, in the city of Tifton, my age is_____years; my occupation is_____. Voters' book. Oath of voter. SEC. 12. Be it further enacted, That the city clerk of Tifton shall always keep said registration book open for signatures at his office at any and all times when his office is open for payment of taxes or other business. The electors who are thus qualified and have signed the voters' book shall not thereafter be required to register or further qualify except as shall be required by the board of registrars; provided, that no person shall remain registered longer than he retains the qualifications under which he is registered. No person shall be allowed to register unless he shall have paid all taxes due by him except taxes for the current year. The clerk of the city of Tifton, or any clerk employed by him and authorized by him to receipt for taxes in the usual course of his employment, is required to take charge of said voters' book and administer the oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time the signature is made, write out the same in clearly legible letters opposite or under said signature. Registration of voters. SEC. 13. Be it further enacted, That any person desiring to register as a voter may apply to the clerk of the city of Tifton, or his deputy as above described, and after reading said oath, or having same read to him, shall evidence the same by signing his name in said voters' book underneath the written or printed oath above described, or on the same page following the page on which the oath is

Page 861

written or printed. A memorandum of entry of the voter's name, his street No., or place of residence, his age, and occupation shall be made by the officer in charge of said book. When the applicant is not 21 years old at the date of taking the oath a similar entry or memorandum shall be likewise made showing the date in that year when he will have reached the age of twenty-one, and when the applicant has not resided in the State one year or in the city six months at the date of taking such oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the city of Tifton six months. Signing. Memoranda. SEC. 14. Be it further enacted, That upon request of the applicant the officer in charge of the voters' book shall read or repeat such oath, before signing his name, and if the applicant cannot sign his name, said officer shall sign it for him, the applicant making his mark thereto. Signatures as made in said voters' book shall be prima facie evidence that the person so signing his name swears or affirms the truth of every material fact contained in said oath; also said written memorandum or entry preceding his signature. Signatures. SEC. 15. Said clerk of council, or his deputy, shall not allow any person to sign his name in the voters' book unless he states at the time that all taxes due by said voter are paid. Taxes. SEC. 16. Be it further enacted, That the clerk of council, or his deputy, shall in no instance permit a person to sign his name in the voters' book unless such person shall have actually made the oath before him thereon contained and a violation of this section by either the clerk of council, or his deputy, shall be a misdemeanor, punishable under Section No. 1065, of Volume II, of the Penal Code of 1910. Oath must be taken. SEC. 17. Be it further enacted, That at the first meeting of the city council after the passage of this Act, said mayor and council shall appoint three upright and intelligent freeholders,

Page 862

who are qualified electors as a board of registrars for the city of Tifton; one of whom shall be appointed to hold from the date of his qualification until the first regular meeting of council in January, 1916, or until his successor is appointed and qualified; one shall be appointed to hold from the date of his qualification until the first regular meeting of the council in January, 1917, or until his successor shall have been appointed and qualified; and the one shall be appointed to hold from the date of his qualification until the regular meeting of council in January, 1918, or until his successor shall have been appointed and qualified; one member of said board shall be thereafter elected by council annually for a term of three years; vacancies shall be filled as they occur by appointments made by the mayor and council. Before entering upon the discharge of his duties of his office each and every member of the board of registrars shall take the following oath; which may be administered by the clerk of council, the mayor or any officer authorized under the laws of said State to administer oaths: I do solemnly swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as a city registrar. Registrars. Terms. Oath. SEC. 18. Be it further enacted, That thirty days previous to any and every election held within the corporate limits of said municipality, the clerk shall prepare from the voters' book and file with the city registrars an accurate and complete list of all the names signed in the voters' book up to and including the date upon which said list is finally completed; the names thereon shall be arranged in alphabetical order and shall show the dates in that year when persons who are minors shall arrive at full age, or will have resided in the State and city the requisite time as sworn to in the voters' book; the list shall also show the voter's age, occupation and place of residence, when such list is placed in their hands, said registrars shall then meet and begin work of perfecting a true and correct list of the qualified voters of the city of Tifton. In any case where the registrars question the right of any party whose

Page 863

name is furnished by the clerk of council, to register, such person shall be notified of that fact and be given the opportunity to appear before the registrars and contest the removal of his name from the voters' list. The decision of the registrars on the subject of qualification of his right to vote shall be final. The names appearing on the list after same shall have been examined and purged by the registrars shall constitute the list of the registered voters in and for the city of Tifton. The registrars in all cases whether the approaching election be general or special shall complete their list ten days prior to the date set for holding such election and shall file the same immediately with the clerk of council who shall at the proper time and in ample time place the same in the hands of the election managers. List of voters. Removal of name. When list to be complete. SEC. 19. Be it further enacted, That should any contest arise over the result of any election for mayor and councilmen the same shall be heard and determined in the same manner as is provided by the Code of Georgia, now in force by Sections 121, 122, 123, 124, 125 and 126, inclusive. Contest of election. SEC. 20. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salary and emoluments of said offices. Officers pending contest. SEC. 21. Be it further enacted, That the mayor and council of said city shall fix the salaries of themselves and all other officers of said city government, unless otherwise provided by this Act. Salaries SEC. 22. Be it further enacted, That whenever a vacancy shall occur in the office of mayor or councilman the remaining members at its regular meeting thereafter shall order an election to be held within fifteen days after said meeting for the purpose of filling said vacancy, which said election shall be held under the same registration list as the last election and rules and regulations as provided under this Act for the election of mayor and council. Vacancy in office.

Page 864

SEC. 23. Be it further enacted, That in case of a tie between two or more candidates in any election for mayor and council, or either of them, or other elective officers, a new election as between the candidates thus tied shall be ordered within ten days after the result has been declared, under the same registration list, and the person receiving a majority of votes cast in said election shall be declared duly elected. Election in case of tie. SEC. 24. Be it further enacted, That the mayor and council of the city of Tifton shall have the power and authority to enact such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace, and to protect the public health, which are not repugnant to the laws of the United States or of this State. Ordinances for general welfare. SEC. 25. Be it further enacted, That the mayor or the mayor pro tem. and three councilmen, or four councilmen (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present, it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court, and in all such cases on appeal a majority of the members present shall be sufficient to find a verdict either for or against the defendant. The mayor and councilmen shall hold monthly, semi-monthly or weekly meetings as they may decide upon, and the mayor or mayor pro tem. may order such call meetings as emergencies may, in his judgment, require. Quorum. Votes on ordinance or resolution. Meetings. SEC. 26. Be it further enacted, That said mayor and council shall have power to pass such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary

Page 865

to carry out the purpose of this Act not in conflict with the provisions hereof or of the Constitution or laws of the State of Georgia and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squares of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary and proper means for keeping the corporate limits of said city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances, whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they deem proper relative to the keeping, storage or sale of gunpowder and explosive or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment thereof. Laws and ordinances. Streets, etc. Nuisances. Obstructions, etc. Explosives. SEC. 27. Be it further enacted, That said mayor and council shall have the power and authority to elect a city marshal, who shall be the [Illegible Text] of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city clerk, city physician and a recorder, together with such other officer or officers as the necessities of the city may demand. They may prescribe the duties of said officers and fix their salaries. The terms of all officers elected by said mayor and council, except as otherwise provided herein, shall expire with the first meeting of mayor and council in the calendar year next succeeding their said election by

Page 866

said mayor and council; provided, their successors have been elected and qualified. The mayor and council or the mayor pro tem., may appoint such extra policemen as may be necessary in cases of emergency and such extrapolicemen shall receive such compensation as may be agreed upon or as may be fixed by mayor and council. Either or all of said officers elected by the said mayor and council may be dismissed from office at any time by a two-thirds vote of the mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by the mayor and council. The mayor pro tem. shall be elected by the mayor and council from among their own number. Marshal and policemen. Extra policemen. Removal. Oath and bond. SEC. 28. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city and which is not exempt by State law, not to exceed one-half of one per centum, but where that amount is deemed insufficient, said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia. Tax ad valorem. Rate. SEC. 29. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars, in any one year, as said mayor and council shall determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city,

Page 867

shall be fined any sum not exceeding twenty-five dollars or imprisoned in the guard house or by labor in the chaingang of said city not exceeding thirty days. Said mayor and council may pass such ordinances as they may deem proper for the purpose of enforcing this section. Street work or commutation tax. SEC. 30. Be it further enacted, That said mayor and council shall have the right to establish a guard house and chaingang in said city; provide for the confinement of prisoners 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 [Illegible Text] and generally to provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The mayor and council of said city shall have the right to lease or hire said convicts as may be confined in the chaingang of said city, under the provision of this charter, to the county authorities of Tift County, and shall have the right to make such charge against said county authorities, as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities, in the same manner as the county convicts are kept and provided for. Guard house and chaingang. Discipline. Hire of convicts. SEC. 31. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sales of creams, ices, etc.; livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles; auctioneers, vendue masters, itinerant traders, theaters, and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, water works, shows, circuses, and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines or any articles of merchandise whatever,

Page 868

itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public play, every keeper of shooting gallery, tenpin alley, upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds and dealers in futures; keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads and other articles of food; contractors and builders, and all mechanics or artisans, barber shops, junk shops, pawn brokers and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, are subject to license or specific tax. License and regulation of occupations. SEC. 32. Be it further enacted, That the mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or by the laws of Georgia in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, professional calling, for which a specific tax or license is required by said city ordinance and shall fail or refuse to pay the same on demand of the proper authorities of the said city, shall be liable to prosecution in the police court of said city and may be fined in a sum double the amount of the tax or license fee required, or imprisoned in the common guard house of said city not exceeding thirty days in the discretion of the court. The provisions of this section shall apply to all persons whether natural or artificial. License or specific taxes. SEC. 33. 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

Page 869

and to which all licenses shall date. Should any person 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, the mayor and council shall have authority to require from such person the same amount as required for license for a full year, and in no case shall the mayor and council be compelled to prorate the amount of license for a term less than a full year; provided, that no change in the fiscal year shall operate to the injury to any person who has once paid the amount of license required of him. Fiscal year for licenses. SEC. 34. Be it further enacted, That said mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due to said city, for taxes, licenses, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning and repairing privies, or for abating nuisances, and for any and all levies, assessments, debts and demands due to said city. Said executions shall be issued by the clerk of said city and bear test in the name of the mayor against the property, person, corporation or firm against which or upon whom any such debt or demand is owing; such execution to be directed to all and singular, marshal, deputy marshal and policemen of the city of Tifton, who are authorized to levy the same upon the property against which it is issued or upon the property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy at public outcry, under the laws for sheriff sales to the highest bidder, before the door of the council chamber, or at such other place as the mayor shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised, or in some other newspaper published in the city of Tifton before selling

Page 870

the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Executions, levy and sale. SEC. 35. Be it further enacted, That when any execution shall be issued and levied, as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. or other fi. fas. issuing from the various courts of this State. Such claim or illegality to be returned to and heard in Tift Superior Court or the justice court of the 1314th district G. M., according as the jurisdiction thereof may be. Claim and illegality. SEC. 36. Be it further enacted, That the mayor and council of the city of Tifton shall elect at their first or second meeting night in each calendar year three upright, discreet and intelligent persons who shall be freeholders and residents of said city, as tax assessors, who shall hold office for one year, or until their successors are elected and qualified. Said tax assessors shall not be elected from among the members of the city council and should any vacancies occur in said board of assessors, by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I, _____ do solemnly swear that I will faithfully perform the duties of tax assessor of the city of Tifton, and will make a just and true valuation of all property therein subject to taxation, according to the fair market value thereof, so help me, God. Tax assessors. Oath. SEC. 37. Be it further enacted, That the city tax assessors may hear during the progress of their investigation such evidence as to the value of the property of said city as they deem advisable and to this end may compel the attendance of witnesses or the production of documents as

Page 871

now provided by the laws of Georgia. If any person is dissatisfied with the valuation of his property as fixed by the assessors he shall have the right of appeal to a board of arbitrators, and he may within the days of receiving the notice of assessment in case of resident of the city, ten, and in case of non-resident, twenty days, give notice to said board, demanding an arbitration, giving the name of his arbitrator, and the board of assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator, and the decision of the said board of arbitrators shall be final. Said arbitrators shall be bona fide tax payers and voters of the said city of Tifton (and any member of council may be elected by either party), and must render their decision within ten days after the naming by the board of assessors of its arbitrators; also the decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration, and in the event of a compromise decision by said arbitrators, said costs shall be taxed one-half () against each party. Powers of assessors. Appeal and arbitration. SEC. 38. Be it further enacted, That immediately after the report of tax assessors filed with the clerk it shall be the duty of the clerk to serve a written or printed notice on every person, the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the assessors' action and specifying the property, the valuation of which has been increased. Notice of increased assessment SEC. 39. Be it further enacted, That there shall be in the city of Tifton a court known as the police court of the city of Tifton, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others, of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of

Page 872

said city, or within two miles of the said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense had been committed within the said corporate limits of said city. The sessions of said police court shall be held by the mayor or by the recorder of said city, at such times and at such places in said city, as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chaingang of said city for a term of not more than six months, or by confinement in the guard house or jail of said city for a term of not more than ninety days, either or all in the discretion of said police court; all persons convicted in said court may be hired to the county authorities of Tift County for a like term as herein provided. Police court. Jurisdiction. Sessions. Power to punish. SEC. 40. Be it further enacted, That in no case shall the marshal, or any policeman of said city make any arrest of any person charged with the violation of any of the ordinances of said city without having first procured from the city clerk or other person authorized to issue the same, a warrant for the arrest of said offender, unless said offense is committed in the immediate presence of said officer and the offender is about to escape, in which event, he may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Arrests to be legally made. SEC. 41. Be it further enacted, That all trials in the police court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of the city and warrant issued by the presiding officer of said police court; said affidavit and warrant shall be in 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, deputy marshal

Page 873

or any policeman of the city of Tifton. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn and another, until it shall meet the requirements of the law. Trial on affidavit and warrant. SEC. 42. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summonses for witnesses, books and papers in as full and complete manner as the justice courts of this State may do; to punish as for contempt, failure to obey its legal summonses; to grant continuances under rules of law; and to take bonds and recognizances for appearance at its sessions and to forfeit the same under the same rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard house for more than thirty days. Contempts. Bond and forfeiture. Fines. SEC. 43. Be it further enacted, That any person convicted in the police court of said city for the violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Tift County, or he may have the right of appeal to the mayor and council of said city if said mayor and council shall see fit by ordinance to provide for such appeal; otherwise certiorari as aforesaid shall be the only remedy. In carrying cases from the police court of said city to the superior court of said county by certiorari, the same rules shall be observed as are applicable in carrying criminal cases to the superior court of this State. Certiorari. SEC. 44. Be it further enacted. That the mayor and council of said city of Tifton may, whenever in their judgment they see fit, create the office of recorder for said city, and to elect some upright and intelligent person, reasonably

Page 874

skilled in the law, resident of said city, to perform the duties of that office and to fix his compensation therefor. Said recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary, and he shall hold his office for a term of one year or until the qualification of the mayor and council, following the next city election, and until his successor has been elected and qualified. It shall be the duty of said recorder to preside in the police court in said city in all cases, except when providentially hindered or when absent from the city or when he may be disqualified, in which case the mayor or mayor pro tem. shall preside. Recorder. SEC. 45. Be it further enacted, That the mayor and council, mayor pro tem., or recorder of said city, shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of the justice of the peace over all of the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said city's police jurisdiction, it shall be the duty of the mayor, mayor pro tem., or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense. Jurisdiction as to crimes. SEC. 46. Be it further enacted, That the mayor and councilmen of said city shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept, and shall have full power and authority to take up and impound any such animals and fowls and punish all owners of such fowls or animals who refuse to obey an ordinance passed by such mayor and council, carrying this authority into effect. Animals at large. SEC. 47. Be it further enacted, That in order to give effect to the foregoing section said mayor and council shall

Page 875

have authority to establish a pound, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or where payment of impounding fees charged, penalties or costs is refused; to provide for the disposition of the proceeds of the sale of an impounded animal and to provide for the punishment of all persons, who without authority break or enter the pound. Impounding. SEC. 48. Be it further enacted, That said mayor and council shall have the authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purpose of maintaining such board of health, and prescribing penalties for such violations; to prevent the spread of any infectious or contagious disease; also, to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, isolate any person or persons afflicted with any infectious or contagious disease by confining such person within the limit of the premises provided by the mayor and council, either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the mayor and council, either within or without the corporate limits of the city; provided, that no person shall be so isolated who if able and willing to pay the hire of proper persons to be selected by mayor and council to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time in which there is probability of the spread of any infectious or contagious disease from such person or persons. Health board. Diseases, vaccination, isolation, etc. SEC. 49. Be it further enacted, That said mayor and

Page 876

council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend and care for the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervision of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery. They may charge such fees for burial as to them may seem proper and enforce the collection of such fees as provided under Section 34 of this Act, and this provision shall relate to cemeteries located either within or without the corporate limits of said city. Cemeteries. Fees. SEC. 50. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said city; and whenever in their judgment, any structure or building is dangerous to life or health of citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenants in possession to immediately abate same; and in the event, said owner or tenant in possession fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the mayor and council, then said mayor and council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building regulations. Abatement of nuisance. SEC. 51. Be it further enacted, That the mayor and council of said city shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys or lanes of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross-drains, crosswalks, drains or gutters for the use of the public or the use

Page 877

of any citizen of said city, to grant right-of-way to railroads, streets, bridges, alleys, sidewalks, crosswalks, drains or gutters for the use of the public or the use the laying of wires, or lines, throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said mayor and council may prescribe. Whenever said mayor and council in the exercise of the authority herein conferred, to open, lay out, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owner or owners thereof, they may take such private property upon the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use as contained in Article One, Chapter 9, of the Code of Georgia 1910, beginning with Section 5206 and embracing all sections following the same having reference to the condemnation of private property for public uses. Streets, alleys, bridges, etc. Plenary powers. SEC. 52. Be it further enacted, That said mayor and council shall have power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of lands in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary and in case the owner of such parcels or lots of land or cellars shall fail, or refuse, after reasonable notice (such notice to be judged of by mayor and council) to him or his agent, to comply with the requirements of the mayor and council, it shall be lawful for said mayor and council to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the superior courts of this State. Drainage of lots and cellars.

Page 878

SEC. 53. Be it further enacted, That said mayor and council shall have the authority and power to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious disease of said city. Quarantine. SEC. 54. Be it further enacted, That said mayor and council shall have the power and authority to compel the owners of property, their tenants or lessees, to grade, pave, and otherwise to keep in good order and condition, as said mayor and council may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against said property. Sidewalks, expense of. SEC. 55. Be it further enacted, That said mayor and council shall have the power and authority to create and establish a fire department in said city; provide for the pay and equipment thereof; purchase any necessary apparatus, and make all needful regulations for its proper maintenance. Fire department. SEC. 56. Be it further enacted, That said mayor and council shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district and may punish in their discretion any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district, contrary to the ordinances covering such subject, the mayor

Page 879

and council shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail, or refuse, to comply with such order, they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the mayor and council may likewise be punished as for a misdemeanor under the ordinances of the city. Fire regulations. Buildings. SEC. 57. Be it further enacted, That said mayor and council shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and water works, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and water works plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said mayor and council shall contract for water and lights for the use [Illegible Text] said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or water works and impose upon their owner such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Gas, electric light and water-works. Contracts and regulations. SEC. 58. Be it further enacted, That said mayor and council shall in the exercise of their police powers have power and authority to pass all ordinances they may think necessary to more effectually prevent the illegal sale of intoxicating liquors within the police jurisdiction of said city of Tifton, and to that end may provide ordinances punishing

Page 880

any person or persons keeping in said police jurisdiction any intoxicating liquors for the purpose of selling same; and likewise ordinances providing for the punishment of any person or persons purchasing liquor from persons who are selling the same illegally. The marshal or any policeman of said city shall have full power and authority to enter, and if necessary, to break open and enter any place within said police jurisdiction under the proper search warrant which may be issued upon the affidavit of any person that he has reasonable cause to believe there is a blind tiger, or place where intoxicating liquors are being kept for purpose of illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence, they may, on order of the mayor, recorder or other officer trying such offender, in addition to the other penalties provided for, be destroyed. Intoxicating liquors. SEC. 59. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the mayor, mayor pro tem., or recorder of said city, shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State and the warrant of the mayor, mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may again be tried for such escape and punishment not exceeding penalties hereinbefore provided. Fugitives, apprehension and arrest of. SEC. 60. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or the tenants in possession, to provide suitable privy or water closet accommodations upon such premises to be located at such places on said premises as said mayor and council shall by ordinance prescribe. Sanitation.

Page 881

SEC. 61. Be it further enacted, That said mayor and council shall have the power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said mayor and council are authorized to lay down sewers through private property in said city; provided, however, that before so doing they regularly condemn such private property by the methods hereinbefore laid down for the taking of private property by the said city. Sewerage and plumbing. SEC. 62. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper within the limits provided by the Constitution and laws of this State and of such denominations and in such amounts as they see fit; said bonds not to bear interest in excess of 5 per cent. per annum, and not to run for a period of longer than thirty (30) years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue in the discretion of the mayor and council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing, maintaining, extending and operating a system of water works, a system of sanitary sewerage, a crematory, a system of street lighting, either gas or electricity, or both, a system of public schools, paving or macadamizing streets, erection of necessary public buildings, an adequate fire department, and drainage. Said bonds shall be signed by the mayor and city of Tifton, and shall be negotiated in such manner as countersigned by the clerk under the corporate seal of the 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 the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied in Chapter 3, Article 1, and Sections 440, 441, 442, and 443, of the Code. Bond issues, purposes of.

Page 882

SEC. 64. Be it further enacted, That the mayor and council shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one-half of one per cent. on all the taxable property of said city for the purposes of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose. School tax. SEC. 65. At the first election after the adoption of this charter, and at the same time that the mayor and council of said city are elected, there shall be elected three members of the board of education, which said three members shall be elected for a period of one, two, three years, respectively, dating from the first day of January, 1916. They to determine between themselves by lot as to which one shall hold the respective terms. And one member of the board of education shall be elected at the regular December election thereafter for a term of three years. At its first meeting in January, said mayor and council shall designate two members of its body to be ex-officio members of the board of education with all the rights and privileges and powers of the elected members of the board by direct vote, and who shall be appointed for one year only, and these five members shall constitute the board of education for the city of Tifton. In the event a vacancy shall occur the mayor and council shall fill such vacancy by appointment until the general city election; but a member of council shall not be appointed to fill a vacancy caused by the death, resignation or removal of an elected member, and a member of council shall likewise be appointed to fill a vacancy from any cause by one of its appointed members. Board of education. Election and terms. Vacancy. SEC. 67. Be it further enacted, That said board of education provided for in the preceding section shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and elect teachers for same; to suspend or remove such superintendent or teachers; to fix the compensation of teachers and superintendent; to provide schoolhouses by rent, building, purchase or otherwise, but the title to all school property

Page 883

shall be and remain in the city of Tifton; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established for white children. All children who are entitled to the benefits of public schools under the laws of this State, and whose parents, guardians or neutral protectors bona fide reside within the corporate limits of said city, shall be admitted in said schools upon payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State; it shall be the duty of said board of education to have prepared and to furnish the State School Commissioner by the first day of December of each year, a list or census of pupils residing in said city entitled to the school fund, in which shall be included those pupils residing outside the city of Tifton, but who attend the city schools. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of the city of Tifton such portions of the public school fund as its number of pupils, as above defined, entitles it to. Powers of board. Race separation. Children admitted. Non residents. Census. School fund. SEC. 68. Be it further enacted, That the board of education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the mayor and council, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid out only on the order of the board of education. Estimate and levy of tax. SEC. 69. Be it further enacted, That the educational authorities of Tift County shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State school

Page 884

fund be paid to any school in said city other than the public school contemplated by this Act. County authorities barred. SEC. 70. Be it further enacted, That the mayor and council of said city shall have power and authority to grade, pave, macadamize or otherwise improve the drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above the said mayor and council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said mayor and council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side-drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad company having tracts running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to area or value of said property either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and council shall have power and authority to enforce collection for the

Page 885

amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate, and after advertising and other proceeding as in case of tax sales, the same shall be sold at public outcry to the highest bider. Such sale shall vest absolute title in purchaser. Said city marshal or policeman, acting for him, shall have authority to eject occupants and put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which be admits to be due, together with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Tift County and there tried and the issue determined, as in cases of illegality, subject to penalties provided as in case of illegality filed for delay only. The mayor and council shall have authority to pave and contract to pave, the whole surface of the street, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by them paved by themselves, or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street railroad and other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said city and to collect the cost thereof by execution against the adjacent property

Page 886

owner and railroad companies or other occupants of the streets or alleys of said city. Street improvement assessments. Equalization. Lien. Execution, levy and sale. Title. Affidavit of illegality. Power as to paving. Rank of lien. Discretionary powers SEC. 71. Be it further enacted, That said mayor and council shall have full power and authority to acquire, on behalf of the city of Tifton, by gift, purchase or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep the same, and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purpose, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 72. Be it further enacted, That said mayor and council shall have power and authority, whenever in their judgment they see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the town or upon any other fund not otherwise appropriated according to law. Wells for water supply. SEC. 73. Be it further enacted, That should the mayor and council determine, in accordance with provision hereinbefore made, to issue bonds for the purposes hereinbefore set out, then they shall have the power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax, not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of the said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay same. Bond tax. SEC. 74. Be it further enacted, That any of the officers

Page 887

of the said corporation of the city of Tifton, who may be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said city, or either of them, for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Officers may justify hereunder SEC. 75. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. TOCCOA CITY CHAINGANG OR WORKGANG. No. 142. An Act to amend the present charter of the city of Toccoa, Georgia, approved December 20, 1897, and the amendments thereto, authorizing the mayor and council of said city to establish a city chaingang. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Power as to gang. SECTION 1. That from and after the passage of this Act the mayor and council of the city of Toccoa, Georgia, shall have power to establish and maintain a chaingang or work gang, and confine therein persons who have been sentenced by the mayor or police court of said city, to work upon the streets or public works of said city, and shall have power to make rules and regulations suitable and necessary for the care, management and control of said gangs, and enforce same through proper officers. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. Approved August 13, 1915.

Page 888

TOCCOA CITY ELECTION TICKETS, ETC. No. 76. An Act to amend an Act chartering the city of Toccoa, Georgia, approved December 20th, 1897 (Acts 1897, page 341), and all amendatory Acts thereto, so as to provide that all candidates for elective offices in the city of Toccoa at any regular, annual election, or special election for officers, to register their names in the clerk's office of the city of Toccoa, and pay a registration fee so as to meet the necessary expenses of printing tickets for said election; to provide for the printing of tickets, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act chartering the city of 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 1907 amended. SEC. 2. Be it further enacted by the authority aforesaid, That after the passage of this Act any and all candidates for elective offices in the city of Toccoa, including candidates for mayor and councilmen and members of the board of education, and any annual municipal election, or any special election shall, ten days prior to any such election signify their intention of becoming a candidate for such office by personally registering their name in the clerk's office of the city of Toccoa, in the presence of the clerk, in a book to be kept for that purpose, stating the office for which they shall be a candidate, and paying to the clerk a registration fee. Candidates to register and pay fee. SEC. 3. That no person shall be authorized to register his name as a candidate as herein provided within ten days prior to any such election for office, and the clerk of the city

Page 889

of Toccoa is hereby authorized and empowered to use the funds received as registration fees and have tickets printed for such election, placing upon said tickets only the names of the different persons registered and the offices for which they are candidates, provided any person entering his name as a candidate may withdraw his name at any time before the printing of the tickets, provided he notifies the clerk in writing to do so; and if there should be any funds left over after the printing of said tickets, the same shall be used toward defraying the expenses of the managers of any such election, and if the registration fees herein provided are not sufficient to pay all expenses of printing tickets and the expenses of the managers of said election, then the balance may be paid as provided by the mayor and council out of the general funds of the city of Toccoa. Close of registration. Tickets to be printed. Expenses. SEC. 4. That 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 registration fee to be required of the different candidates for office, and they are hereby also empowered to change the number of days in which said registration must be made prior to any such election, in their discretion. Ordinance, power to pass. SEC. 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1915. TOCCOA CITY WATER, ETC., COMMISSION. No. 94. An Act to amend an Act chartering the city of Toccoa, Georgia, approved December 20, 1897 (Acts 1897, page 341), and all amendatory Acts thereto, so as to provide for

Page 890

the creation of a water works, sewerage and electric light commission for the city of Toccoa, Georgia, to provide for the number and qualification of the members thereof, their election, term of office, duties and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 1907 amended. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a commission in and for the city of Toccoa, Georgia, known as Toccoa water works, sewerage and electric light commission, consisting of three persons who shall be citizens of Toccoa, not connected with the city government, who shall be eligible to the office of mayor or councilmen, viz.: D. W. Edwards, whose term of office shall be from the date of his qualification after the passage of this Act until the first regular meeting of the mayor and council in January, 1919, and until his successor is elected and qualified; J. C. Young, whose term of office shall be from the date of his qualification after the passage of this Act until the first regular meeting of the mayor and council in January, 1918, and until his successor is elected and qualified; Harry Matheson, whose term of office shall be from the time of his qualification after the passage of this Act until the first regular meeting of the mayor and council in January, 1917, and until his successor is elected and qualified; that the mayor and council shall, on their first regular meeting in January, 1917, elect a successor to the commissioner whose term of office will expire at that time, for a term of three years, and until his successor is elected and qualified; and likewise on the first regular meeting in January of each year thereafter. That any or all of said commissioners may be removed by the

Page 891

mayor and council at any time in their discretion, and in case of the failure or inability of said commissioners to act in the capacities herein mentioned for any reason, said duties shall be performed by the mayor and council of the city of Toccoa. All vacancies caused by death, resignation, or otherwise, shall be filled by the mayor and council. Said board of commissioners shall govern the water works, sewerage and electric light systems of said city of Toccoa in the manner hereinafter set out. Commission for water, sewers and lights. Members designated. Terms of office. Vacancies. SEC. 3. That said board of commissioners shall take and subscribe to an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record in books to be kept for that purpose, of all acts and doings of said board or commission, a full report of which shall be made to the council each month at their regular monthly meetings, or as often as required by the mayor and council; the books, vouchers, and papers of said board shall be subject to the inspection of the mayor and council at any and all times. Oath of office Records and reports. SEC. 4. That a majority of said board shall constitute a quorum, and all contracts, engagements, acts and doings of said board, within the scope of their authority, shall be obligatory and in law considered as if done by the mayor and council, provided no election for any employees shall be valid unless the entire board is present and vote in said election, a majority of said board controlling in all matters. That the clerk of said city of Toccoa shall act as clerk of said board of commissioners, and be the custodian of all papers, books, contracts, schedules, et cetera, of said board. That said board shall select one of their members as chairman, appoint their time and place of meeting, and adopt such rules and regulations in the discharge of the duties within the scope of their authority as may be necessary. Quorum. Clerk. Regulations. SEC. 5. That the salaries of said commissioners shall be fixed by the mayor and council, and such board of commissioners may select a superintendent of the water works, sewerage and electric light systems who shall be required

Page 892

to make stated reports to both the mayor and council and the members of said board whenever required to do so, and whose salary shall be fixed by the mayor and council. In addition said board shall have the power and authority to engage such other employees as may be found necessary in the management of the water works, sewerage and electric light plants; whose services, as well as the services of the superintendent, shall be in the discretion of the board of commissioners, whose salaries shall be fixed by the mayor and council. No contract made by said board of commissioners with any employees shall be valid as to salaries, or remuneration for services, without action on same by the mayor and council of said city of Toccoa. No suspension or discharge of any employee shall be valid unless done with the knowledge of the entire board, votes of at least two members of the board being necessary to either suspend or discharge any employee. Salaries Superintendent. Employees. Contracts validity of. SEC. 6. Said board may adopt a seale of rates for water and electricity, make and enforce rules for the collection of same, adopt rules and regulations for the introduction of water or electricity upon, to or in premises; furnish, in the name of the city, at cost, place, and compel the use of, water and electric light meters, prescribe the kind, and make use of same a condition precedent to furnishing the premises with water or electricity, and prescribe how and where such meters shall be placed; and the members of said board, the superintendent, and all other employees are hereby authorized to enter at all reasonable hours any dwelling or other place and examine same. They shall have power and authority to examine all apparatus connected with said systems, and if any person refuses to permit such examination he shall, upon conviction in the mayor's court, be fined in a sum not exceeding one hundred dollars, or thirty days on the streets and alleys of the city of Toccoa, or thirty days in the calaboose, in the discretion of the trial officer. Rates, rules and regulations. Powers. Penalty. SEC. 7. Be it enacted by the authority aforesaid, That all extensions of the water works, sewerage or electric light systems, shall be made under instruction and by authority

Page 893

of the mayor and council of the city of Toccoa, and all street hydrants, street lights, man-holes, etc., in either system shall be erected and placed as the mayor and council may direct and be under their control and direction. Control and direction. SEC. 8. That said board or commission shall have full power and authority to require the payment for the use or rent of water or electricity furnished in or upon any building, place or premises, and in case prompt payment shall not be made for water or electricity, or for any meters installed, or the rents thereon, or upon default of any person, firm, corporation or partnership to comply with any other rule of said board of commissioners, they may shut off the water or electricity from any such building, place or premises, and shall not be compelled to again supply said places or premises with water or electricity until the arrears or cost for said meters, or rents thereon, shall be fully paid, and said board shall have the power and authority, at their option, to keep on hand and furnish to consumers at not exceeding cost, water or electric meters or other apparatus, as said board may deem proper, provided, however, that no purchases for same shall be made except by authority of the mayor and council. Payment, enforcement of. Meters. SEC. 9. That all complaints regarding inequalities in the rates or service shall be heard by said board, and their decision shall be final and conclusive. Complaints. SEC. 10. That the mayor and council may require such bonds of the members of the board and all employees of the board as they may deem proper, and all purchases for the water works, sewerage and electric light plants shall be made by the purchasing agents of the city of Toccoa, in writing, under instructions from the mayor and council, as now provided, but in cases of emergency the chairman of said board may draw requisitions on the clerk or purchasing agent of the city of Toccoa, as now provided by ordinances of said city; provided, said requisitions are approved and countersigned by the chairman of the standing committee of council of the department for which the articles purchased are to be used. And all moneys received from customers

Page 894

of the water works, sewerage or electric light plants shall be payable to the city clerk, a complete record being kept of same, and disbursed only on the order of the mayor and council on warrants drawn as now provided. Bonds of board members and employees. Purchases. Moneys, how disbursed. SEC. 11. 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, 1915. TYBEE TOWN CHARTER AMENDED. No. 111. An Act to amend an Act chartering the town of Tybee (formerly Ocean City), approved October 15, 1887, and the Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section 11 of the Act entitled An Act to incorporate the town of Ocean City, on Tybee Island, in Chatham County; to grant certain powers and privileges to the same, and for other purposes, approved October 15, 1887, be and the same is hereby amended by striking out the words, All that portion of Tybee Island east of the western boundary of Screven lands, sold to D. G. Purse and by him conveyed to the Tybee Beach Company, and embraced between the Savannah River and the Atlantic Ocean on the north and east and by Tybee Creek or Inlet on the west and south, and inserting in lieu thereof, the words The entire Island of Tybee as shown upon a map of Chatham County, Georgia, adopted by the commissioners of Chatham County and ex-officio judges, April 11, 1907, so that said section when amended, shall read as follows, to-wit.: Act of 1887 amended.

Page 895

SEC. 11. Be it further enacted, That the corporate limits of said town shall embrace the entire Island of Tybee, as shown upon a map of Chatham County, Georgia, adopted by the commissioners of Chatham County, and ex-officio judges, April 11, 1907. To be read. Territory. SEC. 2. Be it further enacted, That Section 8 of the Act entitled An Act to incorporate the town of Ocean City on Tybee Island, in Chatham County; to grant certain powers and privileges to the same, and for other purposes, approved October 15, 1887, be and the same is hereby amended by striking out the words or be put to hard labor on the streets or public works of said town, or both fine and imprisonment or fine and hard labor on the streets and public works of said town, and inserting in lieu thereof the words or be put to labor on the streets or public works of said town not exceeding thirty days, or be put to labor on the public works of Chatham County, Georgia, not exceeding thirty days, and for the purpose aforesaid, be committed direct from said mayor's court into the custody of the county authorities of said county; any one or more of the punishments in the discretion of the mayor or other legally qualified person holding said mayor's court, so that the said section, when amended, shall read as follows, to-wit.: Further amendment. SEC. 8. Be it further enacted, That the mayor, or in his absence, the presiding officer of council, or any other member of the council designated for that purpose, shall have full power and authority to hold, at such times and places and under such regulations as may be prescribed by ordinance, a mayor's court for the said town for the trial of offenders against the ordinances of said town, and to impose such penalties for the violation thereof as may be prescribed by ordinance, a fine for each offense not exceeding one hundred ($100) dollars or imprisonment not exceeding thirty (30) days in the town prison or in the county jail of Chatham County, or be put to labor on the streets or public works of said town not exceeding thirty (30) days, or be put to labor upon the public works of said Chatham County, Georgia, not exceeding

Page 896

thirty (30) days, and for the purpose aforesaid, be committed direct from said mayor's court into the custody of county authorities of said county, any one or more of these punishments in the discretion of the mayor or legally qualified person holding the said mayor's court. Read as amended Mayor's court. Penalties. 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, 1915. UNADILLA TOWN PUBLIC SCHOOL TRUSTEES. No. 220. An Act to amend an Act amendatory of the charter of the town of Unadilla, Dooly County, Georgia, so as to authorize the corporate authorities of the said town to levy and collect a tax for the support and maintenance of the public schools of said town; to create a board of trustees of public schools for said town, and for other purposes, approved December 10th, 1900, so as to provide for the election of four trustees for the public school system of said town of Unadilla, instead of seven trustees, as now provided; to provide for the time and manner of electing said trustees by popular vote; to fix their term of office, and for other purposes. SEC. 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the board of trustees for the public schools of the town of Unadilla shall consist of four members to be elected by the qualified voters of said town. The mayor of said town shall be ex-officio member of said board of trustees, and chairman thereof. Board of four trustees.

Page 897

SEC. 2. And it is further enacted by the authority aforesaid, That said trustees shall be residents of said town, and possess the same qualifications required of the mayor and members of council for said town, and shall be elected at same time and place and in same manner, so far as applicable, as said mayor and council; provided, that at the next election for mayor and councilmen, or members of council for said town, four members of said board of trustees shall be elected, two of whom shall hold office for the term of one year, and two for the term of two years from the date of qualification. Thereafter two members of said board of trustees shall be elected by popular vote at each general election for mayor and councilmen, and such members shall hold office for the term of two years from date of qualification, and until their successors are elected and qualified. Qualification, election and term of office. SEC. 3. Be it further enacted by the authority aforesaid, That all vacancies occurring in said board of trustees shall be filled in the same manner and under the same regulations provided for the filling of vacancies in the board of aldermen for said town of Unadilla. Vacancies to be filled. SEC. 4. Be it further enacted by the authority aforesaid, That all persons qualified to vote in any general election for mayor and council of said town shall be qualified to vote in any election for said trustees of public schools for said town of Unadilla. Voters qualified. SEC. 5. Be it further enacted by the authority aforesaid, That said trustees elected in each general election shall qualify along with and assume the duties of office at the time fixed for the qualification of the mayor and members of council for said town, and the said board of trustees for said public school system shall have the same power and authority and shall discharge all the duties now imposed upon the said trustees for said public school system, as provided in the Act creating said trustees and said public school system, approved December 10th, 1900, except as herein changed or modified. Powers. SEC. 6. Be it further enacted by the authority aforesaid,

Page 898

That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1915. UNADILLA TOWN TAX, SEWERAGE, ETC. No. 214. An Act to amend an Act to incorporate the town of Unadilla in the county of Dooly; to grant certain powers and privileges to the same; to define its limits, and for other purposes, approved December 24th, 1890, by striking from said Act and repealing Section Seventeen thereof, exempting from taxation farm lands and woodlands in said town of Unadilla, and for the purpose of conferring upon the mayor and council the power to compel sewerage connection in said town of Unadilla, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section Seventeen of the charter of the town of Unadilla, in the county of Dooly, approved December 24th, 1890, as follows: Be it further enacted, That the mayor and council of said town shall not have the right or authority to assess and levy any tax on any field or woodland in said town and laid off into town lots which exceeds one acre, except not more than one acre immediately around any dwelling or business house that may be situated on such field or woodland, be and the same is hereby repealed. Act of 1890 amended. Repeal of Section 17. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and council of the town of Unadilla shall have power and authority, and the same is hereby vested in said mayor and council of said town, to compel

Page 899

all owners of real estate, whether used for residential or business purposes, public or private, to connect with the sewerage and water system of said town, and the said mayor and council aforesaid shall have full power to pass all ordinances necessary to make effective this authority. Sewer and water connection compelled. SEC. 3. And it is further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1915. VIENNA, CITY OF, CHARTERED ANEW. No. 167. An Act to create a new charter for the city of Vienna, in the county of Dooly, and to re-incorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed in corporating said city and amending the charter thereof; to continue the same corporate name; to provide that all ordiances, rules, regulations and resolutions of said city now of force and not in conflict with this Act be preserved and continued of force, and remain valid and binding until the same are repealed or amended; to declare and constitute the powers and rights of said corporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office; to provide for the retention in office of the present officers of said city until the elections provided for in this charter are held; to provide for the manner and time of all elections in said city; to provide for the qualifications of all electors and voters therein, and for the registration of the same, and the time in which the registration

Page 900

books of said city shall be opened; to provide for recorder's court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a city chaingang and stockade and the working of prisoners therein and the regulation and management of the same; to provide for a fire department and the officers thereof; also a board of health; to provide for the proper regulations of the water and light system of said cit; to authorize the mayor and aldermen to maintain and operate a system of waterworks and sewers, and electric plant; to acquire by purchase or otherwise, own and equip ice plants and cold storage plants, in connection with the waterworks system or otherwise, and to do and perform all acts in connection with ownership and operation of and conduct of the same; to authorize said city to borrow money; to hold elections for issuing bonds for public purposes and improvements, and other evidences of debt for like purposes; to regulate cemeteries; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, grading, working and paving and curbing the same; to provide for the opening up of all streets and alleys, and the paving and curbing of all streets and squares and avenues and the assessment against the abutting property owners for such improvements, and to determine who shall bear the expense of paving certain crossings and squares in said city, and the creation of liens against the owners of the property affected by such improvements; to provide for the proper condemnation of property for public purposes; to abate nuisances; to create

Page 901

and maintain a chamber of commerce; to provide for the assessment, levy and collection of an ad ralorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded debt, and providing the manner in which the money shall be raised and applied; to authorize the assessment and collection of a tax for street work and improvement; to provide for the taxation and license of all kinds of business, trades and professions, shows, exhibitions and entertainments in said city; to provide for the maintainance, regulation and supervision of the public schools of said city; to issue bonds from time to time for the improvement of the same; 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 the seizure and destruction thereof and the punishment of the offenders; to grant encroachments on the streets; to force the connection of all closets, etc., with sanitary sewers: to provide for a penalty for failure to do so; and to regulate the manner in which the city shall do such work, and hold and enforce a lien against the owner and property for such work; to provide for the general policing and all other police laws, and the general welfare of the inhabitants of said city; to provide for all matters and things necessary or 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 authority of the same, That from and after the passage of this Act the city of Vienna, in the county of Dooly, is hereby incorporated. Its corporate limits shall embrace and include all the territory within one mile in every direction from the center of the old court house yard (now the city park) in

Page 902

said city of Vienna; its territory being embraced in a circle thus traced by using a mile as a radius and said center of said park as a center. City of Vienna incorporated. Territorial limits. SEC. 2. The municipal government of the city of Vienna shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Vienna, and by such name they shall have perpetual succession, with power and authority to contract and be contracted with; to sue and be sued; to plead and be impleaded; to have and use a common seal; and they 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 Vienna 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 to 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, convert, rent or lease the same; and shall have like powers 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 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, ordinances or other orders as they may deem proper not in conflict with this charter or the Constitution and laws of this State or of the United States. Government. Corporate name. General powers. SEC. 3. All the present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. The term of office of mayor and aldermen

Page 903

shall be two years and until their successors are elected and qualified. Officers holding. Terms of office. SEC. 4. The general election for mayor and aldermen shall be held on the second Monday in January of each year as follows: The first election under this charter shall be held the second Monday in January, 1916, for the election of a mayor and two aldermen, as heretofore, to succeed the mayor and aldermen whose term will expire at that time; on the second Monday in January, 1917, an election shall be held to elect two aldermen to succeed those whose term will expire at that time; and the said elections shall continue annually in this manner. Election of mayor and aldermen. SEC. 5. All persons who have been bona fide residents of said city sixty days before the day of election who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authorities of said city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Voters qualified. SEC. 6. Such elections shall be conducted under the management of a justice of the peace and two freeholders, who are residents of said city and not candidates in said election; or in the absence of a justice of the peace, any three freeholders, residents of said city, and not candidates in said election, may manage same. Conduct of elections. Said managers shall conduct said election, as near as practicable, as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock A. M. and closed at five o'clock P. M. The mayor and council shall appoint the said election managers in accordance with the provisions of this charter. The mayor and council may designate two or more polling places, if occasion should require, and may also appoint three freeholders as managers of the same. Polls. Managers. SEC. 7. The managers shall each, before proceeding with the election, take and subscribe the following oath:

Page 904

All and each of us do swear that we are qualified by being freeholders or justice of the peace, as the case may be, to hold this election; that we will make a just and true return thereof; and not knowingly prohibit any one from voting who is entitled; 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. Oath of managers. SEC. 8. The affidavit on oath shall be signed by each manager in the capacity in which he acts; said oath shall be subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots and declare the results, and issue certificates of election to the mayor-elect and to the aldermen-elect; provided, however, that said certificates of election and the result of said election shall not be issued by the managers until after the expiration of five days from the election. Then it shall be the duty of the managers, at any election held under the provisions of this law, after the ballots have been counted and the results ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and the tally sheets, and carefully seal the same, and deposit the same with the clerk of the Superior Court of Dooly County, who shall preserve the same and deliver it only as herein provided. That the certificates thus issued as herein provided for shall be sufficient authority to the person so elected to enter upon the discharge of their official duties, after qualification as hereafter provided. Result and certificate of election. SEC. 9. The managers of each election shall issue to the newly elected mayor and each of the newly elected aldermen, a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish the city council one of the tally sheets of said election, certified to by them as being correct. Certificates.

Page 905

SEC. 10. Be it further enacted, That in the event any one desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of said clerk of the superior court to produce ballot box and deliver it to the justice of the peace, or other officer who shall be selected to take evidence in said case, or before some other officers who may be designated by law to take testimony in the contest. The said clerk shall produce said box and its contents at the time and place fixed for taking testimony in said contest. And whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid out of the treasury of said city. Contest of election. Production of ballot box. SEC. 11. Be it further enacted, That in the event that any contest for any of said offices is instituted, that the said certificate of election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided. And it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Contest suspends. SEC. 12. In the event that the office of mayor, or any alderman shall become vacant by death, removal, disqualification, resignation or other cause, the mayor pro tem. or the alderman if both said offices shall be vacant, shall order an election of which at least ten days' written notice shall be given, by publication in some newspaper published in said city; also by posting the notice at three public places in said city, to fill the vacancy or vacancies; said newly elected person to fill out unexpired terms only. Vacancy in office. SEC. 13. Before entering upon the discharge of their respective offices the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor (or alderman as the case may be), of the city

Page 906

of Vienna, during my continuance in office, according to the best of my ability and understanding, so help me God. Said oaths shall be entered upon the records of said city. Oath of mayor and aldermen. SEC. 14. The mayor and aldermen shall elect annually, at the first regular meeting of the city council, immediately following the regular election held in January of each year, a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases as the mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; also elect a clerk and treasurer, city marshal or police chief and such number of policemen 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; all of said officers shall hold their offices for one year and until their successors are elected and qualified. Mayor pro tem. Clerk and treasurer. Marshal and policemen. SEC. 15. Any of said officers may be removed at any time by a majority vote of the mayor and city council, for neglect of duty, incapacity or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council, which are not inconsistent with this Act. The mayor shall have the authority to suspend any police officer temporarily, in his discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial. Removal of officers. SEC. 16. The mayor and city council may also appoint special policemen, when, in their judgment, such appointment may be necessary. Such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and city council may determine; or the city council may be ordinance provide for the appointment by the mayor at a fixed compensation per day, week or month of such special policemen. When such policemen are on duty they shall have the same authority,

Page 907

and be charged with the same duties as prescribed for the regular policemen of the city. Special policemen. SEC. 17. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police or any other policeman of said city; but if damages are ever thus sustained they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. No liability in damages from unlawful arrest. SEC. 18. Be it further enacted, That the municipal government of said city shall be vested in the mayor and four aldermen, and such other officers as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. That said mayor and aldermen shall constitute the legislative department of said city and as such shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, railroad crossings, street railways, automobiles, vehicles of any kind propelled by gasoline or electricity, bicycles, carriages, drays, hacks, wagons, air ships, livery stables and sales stables, warehouses, storage houses, hitching places, markets, slaughter houses, butcher pens, public houses, hotels, boarding houses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms and all other places of amusement; garages, shops, mills, factories, ginneries, barber shops, soda fountains, beer saloons, telephone and telegraph companies, gas, water and light and electric companies, power companies; also the manner of erecting and wiring telegraph and telephone poles within said city; booths, stands, tents and all and every other matter and thing whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants

Page 908

of said city and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone, 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, that are not repealed by this Act. Government. Legislation. Regulation of occupations. Enumeration not restrictive. SEC. 19. Be it further enacted, That it shall be the duty of the city clerk on the first Monday of November of each year to open a registration book, to be kept at the council chamber for the proper registration of the qualified voters of the city of Vienna, said book shall be kept open from eight o'clock A. M. until twelve o'clock noon and from two o'clock P. M. to four o'clock P. M., each and every day, except Sundays and legal holidays, until the first Monday in December following when it shall be finally and absolutely closed. Registration of voters. SEC. 20. Be it further enacted, That it shall be the duty of the clerk, upon application in person, and not by proxy, of any male person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatever character legally imposed or demanded by the authority of the city, and who upon the day of election, if then a resident of said city, will have resided in said city sixty days prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation, or business, and the locality in the city where he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register, and shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia twelve months, in this county for six months, and in this city for sixty days next preceding this registration, or that by the date of the next city election, if still a resident of this city, you will have fulfilled these

Page 909

conditions; that it is your intention to remain a resident of this city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the city of Vienna; that you have made all the returns required of you by the ordinances of this city; so help you God. Who may register. Oath of voter. SEC. 21. Be it further enacted, That there may be an appeal from the decision of the registrar or clerk as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration book shall be open to the public for inspection at all times during office hours. The said committee shall have the authority to purge said registration list of all illegal voters upon five days' written notice to the person or persons who have registered illegally. Appeals. SEC. 22. It shall be the duty of the clerk or registrar to furnish the managers of election, at or before the opening of the polls on the day of election, with a complete list of all the registered voters, arranged in alphabetical order, certified to by the clerk or registrar under the corporate seal of the city. Said list shall be kept by the managers, before them, for their inspection during said election, and they shall not permit any one to vote whose name does not appear on said list. List of registered voters. SEC. 23. Be it further enacted, That all elections held at any other time than the regular election, as above provided for, such as for the issuing of bonds by the mayor and aldermen, and in all special elections for any purpose whatever, a special registration book shall be had for such election, and said registration book shall be opened by the clerk of said city, for the proper registration of all persons who may be entitled to register for a period of thirty days

Page 910

before said special election, but they shall be closed finally ten days before the day of election, and the list made up as above provided for relative to the general election; and that at all elections in said city it shall be the duty of the mayor in conjunction with the chief of police of the city of Vienna and other officers to take all necessary steps and precautions to preserve order, and to secure all electors the right to deposit their ballots without harm or intimidation. Special registration. Order at elections. SEC. 24. Be it further enacted, That no person shall be eligible to hold the office of mayor or alderman in said city unless he be twenty-one years old, a qualified elector of the city of Vienna, and shall have resided within the corporate limits of said city for a period of four years immediately preceding his election. Eligibility of mayor and alderman. SEC. 25. The salaries of all officers of the city of Vienna shall be fixed by the mayor and city council, at the first regular meeting of the city council, immediately following the regular election held in January of each year, which salary shall not be increased or diminished during the term of office of said officers. Salaries, when fixed. SEC. 26. Be it further enacted, That the mayor shall be the chief executive officer of the city of Vienna and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal; approve all bills and vouchers for payment of money, and shall be clothed with veto power as hereinafter set out. Mayor's duties and powers. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of said city. He shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over all meetings of the board of aldermen; and may call them together at any time when deemed necessary by him; he shall devote such

Page 911

of his time as is necessary to the faithful discharge of his duties as mayor. SEC. 27. Be it further enacted, That should the mayor or any member of the board of aldermen be guilty of malpractice in office, wilful neglect, or abuse of the powers conferred upon him, or shall be guilty of any other act or acts unbecoming an officer of the city of Vienna he shall be impeached by the board of aldermen, by a majority vote of the entire board of aldermen of said city and upon conviction shall be removed from office. Malpractice or neglect. SEC. 28. 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 aldermen may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense when in their judgment it is best for the good of the service or to the interest of the city. The compensation of such officers shall be fixed by the mayor and aldermen. The chief and the other police officers shall preserve the peace of the city, and they shall have power and authority to arrest all persons within said city guilty or charged with a violation of any of the rules and ordinances of the city. They shall have power and authority to confine all persons arrested, in the city prison or in the common jail of Dooly County, and bring them before the recorder's court for trial or commitment; provided, that all persons not intoxicated, desiring to give bail or a cash bonus for their appearance before such recorder's court in bailable cases shall be allowed to do so; such appearance bonds when so given, shall on the failure of such person to appear for trial, be forfeited under the same rules and in the same manner as bonds returnable to the superior court; the proceeds of such forfeiture after paying the cost, shall be paid into the general fund of said city. The mayor and board of aldermen shall have power to prescribe all rules and

Page 912

regulations, from time to time, for the general management and discipline of the said police force of the city. Police force. Powers. Appearance bond or deposit. Forfeiture. SEC. 29. Be it further enacted, That the chief of police shall give bond, payable to the mayor and aldermen, in the sum of five hundred dollars for the faithful performance of his duties as such; or said bond may be increased in the discretion of the mayor and aldermen. In the case of death, resignation or removal from office of the chief of police, the mayor, or in his absence, the mayor pro tem., and in his absence the board of aldermen, shall appoint some person to perform the duties of the chief of police, until the next regular meeting of the board of aldermen, when the mayor and aldermen shall elect a successor for the unexpired term of said chief of police. Bond of police chief. Vacancy. SEC. 30. Be it further enacted, That the clerk and treasurer of the city of Vienna shall give bond in the sum to be fixed for his term of office by the mayor, with good security, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bonds shall be payable to the mayor and city council of the city of Vienna, and approved by the mayor. He shall also take and subscribe an oath before the mayor that he will to the best of his ability, faithfully perform the duties of his office without favor or partiality. Bond of clerk and treasurer. Oath. SEC. 31. Be it further enacted, That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and to perform such other service as the mayor and aldermen shall by ordinance require. He shall give bond in the sum of five hundred dollars under the same rules and restrictions governing the chief of police; provided, that nothing herein contained shall prevent the mayor and aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Marshal's duty. Bond.

Page 913

SEC. 32. Be it further enacted, That it shall be the duty of clerk and treasurer to receive and disburse all moneys of the city, upon the proper order, and he shall make reports of the same to the mayor and aldermen whenever called upon to do so. He shall [Illegible Text] all meetings of the mayor and aldermen, recorder's or mayor's court, and keep the minutes, books and files of each; issue all licenses, permits; sign and issue all executions and other writ, and processes for the collection of taxes due the city, and perform such other duties as may be required of him by the mayor and aldermen or by ordinance. Clerk's duty. SEC. 33. Be it further enacted by the authority aforesaid, That the office of city attorney is hereby created and established. Said attorney shall be elected by the mayor and aldermen of said city and shall hold his office for a term of one year or until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and aldermen. His salary shall be fixed at the time of his election and annually thereafter when other salaries are fixed; provided, that nothing herein shall prevent the mayor and aldermen from allowing said city attorney extra compensation when they deem it advisable. Attorney; his term, duties, salary, etc. SEC. 34. Be it further enacted, That the mayor and aldermen shall also at the time of the election of the other officers, elect a city physician, whose term of office shall be one year and until his successor is elected and qualified, and whose duties shall be prescribed by the mayor and aldermen and the ordinances of said city. Physician. SEC. 35. Be it further enacted, That in the same manner as above a city sexton and a city engineer may, in the discretion of the mayor and aldermen, also be elected, whose duties and salaries shall be fixed by the mayor and aldermen, and prescribed by the ordinances of said city. Sexton. Engineer. SEC. 36. Be it further enacted, That besides the officers already provided for, the mayor and aldermen shall have power and authority to elect or appoint for a full term, or for such time as in their judgment may seem best, such

Page 914

other officers, agents, superintendents, street overseers, draftmen or other workmen for the proper carrying out of the provisions of this charter, and the proper municipal government of the city of Vienna. Other officers and employees. SEC. 37. Be it further enacted, That the mayor and aldermen shall elect a chief of the fire department of said city, and any other officers and men thereof, whose duties shall be prescribed by said mayor and aldermen and by the ordinances of said city; they shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the wellbeing or efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of this department, and fix by ordinance the salaries of the same. The chief and members of the fire department shall be elected for one year, but may be removed or suspended as hereinbefore set out for police officers. Chief and firemen. SEC. 38. Be it further enacted, That the mayor and aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances, in the public streets, lanes, sidewalks, squares, parks or other places in said city. They shall have power, if necessary, to establish a market in said city, to designate certain streets or places for the conduct of certain businesses; to regulate all butcher pens, slaughter houses, blacksmith shops, tan yards, livery stables, forges, stoves and chimneys, steam mills, steam grist mills, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motor cycles, and other contrivances of like kind; railroad crossings, the moving of trains through the city; the regulations and sanitation of the depots of the city; and to abate or cause the removal of the same or any of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars or excavations in said city, or cause the owners to do so, when they shall deem it necessary for the public interests for the same to be done. They shall also have

Page 915

power to condemn and remove or cause to be removed, all dilapidated or unsafe walls, buildings, fences, chimneys and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of said city; and they may abate or cause to be removed, anything that works a nuisance or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city. They shall also have the right to condemn property for streets, alleys, cemeteries and all other public purposes, as provided by the laws of this State. Removal of obstructions. Regulatory powers. Cellars. Nuisances. Condemnation. SEC. 39. Be it further enacted, That the mayor and aldermen shall have power and authority to protect places of public worship; to provide for places for the burial of the dead, and to regulate interments therein. Places of worship. Cemeteries SEC. 40. Be it further enacted, That the mayor and aldermen shall have the power to regulate the keeping of gun powder, gasoline and other combustibles and explosives, to make regulations guarding against fires, and to fix and establish fire limits, and from time to time, change, enlarge and restrict the same; to provide by regulation and ordinance the kinds of buildings to be erected, the kinds of material and construction, to also have power to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Explosives. SEC. 41. Be it further enacted, That the mayor and aldermen shall have the power and authority to pass all such ordinances and regulations for the government of said city, or the suppression of disorderly conduct, the protection of life and property, and the maintenance of public peace, and the protection of the public health, which are not repugnant to the Constitution and laws of the State, or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. General welfare. SEC. 42. Be it further enacted, That there may be a board of health for said city, to consist of the mayor, city physician and three citizens of the city, who shall be appointed

Page 916

by the mayor and confirmed by the aldermen, and who shall hold office for one year, and until their successors are appointed and qualified. The mayor shall be chairman of said board and entitled to vote therein. The mayor and aldermen shall prescribe by ordinance the proper rules and regulations for said board; shall prescribe their duties and the times they shall meet; the mayor and city physician shall receive no extra compensation, other than their respective salaries, for service on said board, and the board of aldermen shall fix the salaries of the members appointed by the mayor; 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 infections and contagious diseases of all kinds; shall exercise absolute power over the subject of quarantine; shall have power to inspect foods, milks, fruit and other things sold in said city, and shall report to the mayor and aldermen all persons selling any impure articles, and the said mayor and aldermen shall provide by ordinance a penalty for all persons so offending; said board of health shall look after the sanitary condition of said city, shall report any nuisance likely to endanger the health of the city, or in any neighborhood or place, and the mayor and aldermen shall enforce all sanitary rules and regulations and shall prescribe penalties for violation of the same; shall abate all nuisances and enforce all ordinances for the general health of the city. Board of health. Rules, etc. Powers. SEC. 43. Be it further enacted, That the mayor and board of aldermen shall have full power and authority over and absolute control of all pipes, sewers, private drains, for filthy water or other substances or fluids in said city; and full power and authority to prescribe their location and structure, use and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kind of water closets, urinals or other receptacles or drains for water or other fluids or substances to be used

Page 917

within the corporate limits of said city. They shall have power and authority to condemn and destroy any water closet, urinal or other receptacle or drain now in use which does not conform to and are not of the kind prescribed for use by the rules and ordinances of the city, and which may be detrimental to the health of the city. They shall also have full power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains on the premises of the said property owners, with the sanitary sewers of said city under such rules and regulations as may be prescribed and if such property owner shall fail or refuse to connect any water closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, which shall not be less than thirty days, then the city authorities may cause said work to be done and the connections to be made, and provide all necessary material therefor, and assess the costs of the same against the said property owner and the said property so improved; the clerk of said city shall issue execution for same, which shall be a first lien on said real estate, superior to all other liens except taxes; and the chief of police or marshal, as the case may be, shall levy the same on the said real estate in the same manner as sheriff's sales under judgment and execution. The officer making said sale is authorized to make to the purchaser of said property a deed which shall pass the title to said property 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 before the mayor's or recorder's court of said city, for maintaining a nuisance. The city authorities or any agent of the city shall have the right, power and authority to enter and go upon the property of anyone, after notice, for the purpose of inspecting said closets, urinals and other drains and pipes, to remove the same whenever condemned and to insert the connections and fixtures necessary to connect the same with the sanitary sewers

Page 918

of the city, without being deemed a trespasser or becoming liable or responsible as such to the owner or tenant. Sanitation, powers as to. SEC. 44. Be it further enacted, That all sales of property under execution in favor of said city of Vienna shall be advertised in the official gazette of said city, and such sales shall in all respects be made and conducted in the same manner as sheriff's sales under execution are now made in this State. Sales under execution. SEC. 45. Be it further enacted, That the mayor and aldermen shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the street or alley on which the same fronts; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connections of drain pipes to storm sewers and gutters, or other street waterways, and to pass such ordinances regulating the same as they may deem necessary and whenever the owners of any such property shall fail or refuse, after reasonable notice to him or his agent or tenant in possession of said premises to comply with the requirements of said mayor and aldermen for a period of twenty days, it shall be lawful for the city authorities to cause the same to be done at the owner's expense; and for the amount so expended the clerk of the city shall issue execution against the said property owner to be collected from said property, and a sale under said execution by the marshal or chief of police shall pass title to said property as fully and completely as a sale by the sheriff under judgment and execution, and said owner shall also be subject to punishment for maintaining a nuisance. Drainage. SEC. 46. Be it further enacted, That the mayor and aldermen shall have the sole and exclusive power and authority to pass any ordinance regulating spirituous liquors, malt or intoxicating liquor or bitters, beer or near-beer, not in conflict with the laws of Georgia or of the United States. Liquors.

Page 919

SEC. 47. Be it further enacted, That the mayor and aldermen are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the laws of Georgia or of the United States, to prohibit the storage or keeping of wine, beer, near-beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes within the corporate limits of the city of Vienna and to punish any person or persons for violating the same. SEC. 48. 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 with the intent to illegally sell or otherwise illegally dispose of the 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 said city, commanding [Illegible Text] to enter the suspected place, search for and seize the same if to be found therein. The office 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 accusation, and a hearing shall be had on 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 in the affirmative, 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 in the meantime steps be taken to have said judgment reviewed by the higher courts. The chief of police or other policemen shall also arrest such person appearing to have such

Page 920

liquors in his custody or control, or appearing to have control of the building or place where the same may be found, and bring him or them before the recorder's court to be tried and punished as the ordinances shall direct. The mayor and aldermen shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question. Entry and seizure. Warrant. Notice. Arrest. SEC. 49. Be it further enacted, That the mayor and aldermen shall have power and authority to prevent stock from running at large and to take up and impound any horse, mule, cow, hog, goat, dog or other animal found at large within the corporate limits of said city; 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. Animals at large. SEC. 50. Be it further enacted, That the mayor and aldermen shall have power and authority to grant encroachments on streets, sidewalks, lanes, alleys and lands of the city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments. SEC. 51. Be it further enacted, That the mayor and aldermen shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinance; they shall have the power to classify such business or businesses carried on in said city of whatever kind or character. They shall have power to license and regulate all hotels, public boarding houses, sleeping apartments, opera houses, theaters, picture shows, bowling alleys, billiard and pool rooms; to license and regulate drays, hacks, wagons, automobiles and other vehicles used for business purposes; to license, regulate and control all vehicles; to license, regulate and control all livery stables, garages, places of amusement, telegraph and telephone companies, express and railroad companies, mills, ginneries and factories and all electric, gas and water companies doing business in said city. They shall have the power and

Page 921

authority in addition to issuing execution for any license required in said city, to fix a penalty for the violation of the provisions of such ordinances and shall likewise have power and authority to fix penalty or penalties for the carrying on of any business in said city, without having first obtained a license from the clerk and treasurer of said city. Business licenses and regulation. SEC. 52. Be it further enacted, That the mayor and aldermen shall have power and authority to impose and collect a tax on all dogs within the city in such manner as they may deem best, and to prohibit the running at large of all dogs within the city in any manner as they may deem proper, the same to be provided for by ordinance. Dog tax. SEC. 53. Be it further enacted, That the mayor and aldermen shall have power and authority to license and control all markets and marketing within the city limits, to fix the hours of sale therein, to prohibit the sale of marketable commodities elsewhere within the city limits, or at any other time; and to pass all ordinances, rules and regulations necessary and proper to control and regulate the same in said city. They shall have full power and authority to establish a city market, to establish rules and regulations for the government of the same; to rent out stalls and collect therefor, and to take all steps necessary and proper in carrying out the intentions of this Act. They shall have power to prescribe penalties for the violation of rules and regulations concerning markets and marketing. Markets. SEC. 54. Be it further enacted, That the mayor and aldermen shall have power to license as many auctioneers or vendue masters of the city as they may deem proper, and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or businesses not herein specially provided for, or any class of business, and not otherwise taxed. Licenses of auctioneers. SEC. 55. Be it further enacted, That whenever any execution issued by proper authority of said city, for fines, forfeitures, taxes, license or any other debt or demand due said city shall be levied on any property which is claimed

Page 922

by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as now provided by the laws of said State in claim cases; and the said claim shall be returned and tried in the first justice court or superior court having jurisdiction thereof. Claim on levy. SEC. 56. Be it further enacted, That the mayor and board of aldermen are hereby empowered to establish by ordinance at any time they may deem proper a board of commissioners for its water, light and ice plant that it may own or operate; said board to be known as the water and light commission. Said board when so established shall consist of the mayor as chairman and two other members; said two members to be two freeholders within said city who shall hold no other office in said city during their term of office as members of said board. They shall be elected for one year and until their successors are elected and qualified. Said two members to be appointed by the mayor and approved by the board of aldermen. Said board when so created is hereby vested with full power and authority to maintain, extend, improve, modify and operate the system of water works now in operation; and with like power over the electric light plant now owned and operated by said city; and with like power over any gas plant or ice plant that may be owned or operated or hereinafter acquired by the said city; to establish, equip, maintain, modify and operate a system of drains and sewers for said city; to appoint and employ superintendents and other employees; and to remove the same when necessary; to purchase, rent, and lease real estate, and apparatus and machinery and all other things necessary to properly and successfully conduct said system, and hold title to the same for said city; to collect, receive and disburse all moneys arising from the same, and to also disburse all moneys arising from the sale of bonds, issued for the extension of the plant, and all revenues derived from said system; to make such by-laws, rules and regulations for their own government and the government of their employees as they may deem necessary

Page 923

not in conflict with this Act. Said board shall make quarterly reports to the mayor and board of aldermen showing the amount of money received and from what source, the amount disbursed, to whom and for what purpose, together with vouchers for the same. Said water and light commission shall elect a clerk and fix his compensation to be approved by the mayor and aldermen. The members of said commission shall receive for their services such compensation as the mayor and aldermen shall prescribe, which shall not be increased or diminished during their term of office. The mayor and board of aldermen shall have authority to pass all ordinances for the successful carrying out of the purposes and intent of this section, as they may deem proper not in violation of this charter. The mayor and aldermen shall maintain and operate said system as heretofore until this commission may be created. Board of commissioners of water, light and ice. Powers. Reports. Clerk. Compensation. Ordinances SEC. 57. Be it further enacted, That the mayor and aldermen shall have power and authority to grant the right to use any street or streets, alley or other passage way in said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said city. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth, enumerated and named therein. Franchises in streets, etc. SEC. 58. Be it further enacted, That there shall be, and is hereby created and established a court to be known as a recorder's court in and for the city of Vienna, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of the city of Vienna, and to punish for a violation of the same. Said court shall also have power to enforce its judgments and processes 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

Page 924

move beyond the reach of the process of the same. Said court shall be presided over by the mayor of said city, or in his absence, disability or disqualification, by the mayor pro tem., and in the case of the absence, disability or disqualification of the mayor pro tem., then by any member of the board of aldermen, who may be designated by the city clerk and treasurer, shall act as recorder, and when presiding said person shall be known as the city recorder. Sessions of said court may be held as, in the discretion of the presiding officer, may be necessary to clear the city prison, but shall have regular sessions fixed by the mayor and aldermen at such time and place as they deem best. The recorder shall take and subscribe the following oath: I_____, do solemnly swear that when acting as recorder for the recorder's court of the city of Vienna, I will perform the duties of said office to the best of my ability, without favor or affection to anyone, so help me God. Recorder's court. Powers. Presiding officer. Oath of recorder. SEC. 59. The recorder of said court shall have power to impose fines and inflict punishment for the violation of any law or ordinance of the city of Vienna, also any law of this State where recorder's courts or municipal courts are given such authority by the State laws. Said recorder is hereby authorized and empowered to try and dispose of any matter that the mayor of Vienna might have under previous existing laws and ordinances while presiding over the mayor's court of said city. Every right or power that the mayor of said city has heretofore had, or may have is hereby delegated to the recorder. Power to punish. Authority. SEC. 60. For the violation of the laws and ordinances of said city, the recorder may impose such fines or punishment, as in his discretion, he may think best; provided, no fine shall exceed the sum of one hundred dollars; or the punishment inflicted shall not exceed imprisonment in the guard house for a space of time to exceed thirty days, at labor in the city chaingang for more than sixty days. If there be no such chaingang then the recorder is authorized to hire the convicts out to some other chaingang, under the

Page 925

same rules as other convicts are let out or hired out. Said recorder may impose any one or all of the above fines or punishments. Said recorder shall have the same power as other judges of this State to punish for contempt officers and others by a fine not to exceed fifty dollars and imprisonment in the guard house not to exceed ten days, or either or both, in his discretion. He shall to all intents and purposes be 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 offenders to the county jail of Dooly County or to 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. Punishment, limit as to. Contempts. Warrants for offenses. SEC. 61. Be it further enacted, That in criminal cases, the defendant shall not have the right to appeal to the general council from the decision or judgment of the recorder, except where the fine is in the sum of fifty dollars or greater or the punishment is for a longer time than twenty days' imprisonment in the guard house, or more than thirty days in the city chaingang; but the right of certiorari shall exist in all cases from the judgment of the recorder. Said certiorari shall be obtained in the same manner and in the same way and under the same conditions as a writ of certiorari is obtained from the judgment of a justice of the peace; provided, that any person convicted in said court, or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the superior court of said county, when it shall be the duty of the recorder or presiding officer to suspend said sentence until said certiorari shall have been heard and finally determined by the superior court, Court of Appeals or Supreme Court, whichever the case may be. But no person shall be released from custody until he shall have paid the costs, and given 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

Page 926

said conviction is affirmed; said bond to be in form, and operate as other supersedeas bonds in criminal cases. The judge of the superior court who grants the certiorari may hear the same in term, time or vacation, after ten days' notice to each party or their attorneys of the time and place of hearing; the recorder being required to certify and send up to the superior court a complete and accurate history of the case, as his answer to the petition for certiorari; and the defendant having the right to traverse said answer as provided by law. The mayor and aldermen shall have power and authority to pass ordinances regulating the costs for appeals and certiorari; also for the forfeiture of all bonds and such cash bonus, in lieu of bonds, when accepted by the arresting officer or officers. Appeals. Certiorari. Appearance bond. Hearing of certiorari. Costs. SEC. 62. The clerk and treasurer of the city of Vienna shall be ex-officio clerk and treasurer of the recorder's court, and shall, by himself or deputy, attend all sessions of said court and do and perform all other duties required of him in connection with said court by the mayor and aldermen. Clerk. SEC. 63. The ministerial officers of said recorder's court shall be the marshal and policemen of the city of Vienna to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such other duties connected with said court as may be required of them by the recorder. Officers and process. SEC. 64. Be it further enacted, That the mayor and aldermen of Vienna shall have full power and authority to pass all ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court, also, all other ordinances that they may deem necessary to preserve order, suppress crime and immorality or prevent idleness, vagrancy or loitering in said city, not in conflict with the Constitution and laws of the State of Georgia. Ordinances. Immorality, idleness, etc.

Page 927

SEC. 65. Be it further enacted, That the mayor and aldermen are hereby given power and authority to elect a recorder to discharge the duties of this office, when they shall deem it necessary, or to the best interest of the city. He shall be elected in a manner prescribed by ordinance, and his salary shall be fixed by the mayor and aldermen. He shall be at least twenty-five years of age, be a resident of said city four years, and be qualified voter therein. The mayor of said city shall fill this office, however as above provided for until the election of a recorder as provided in this section. Election of recorder. SEC. 66. Be it further enacted, That there shall be a city chaingang for said city of Vienna which is hereby created and established, and shall be put in operation as hereinafter provided. The said city chaingang shall be used for the working of the streets of the city of Vienna, and for the doing and performing other work in and for said city, or for its benefits and shall be made up of convicts convicted in the recorder's court of the city of Vienna and by employing from the proper authorities persons convicted as misdemeanors in other courts of the State. Said chaingang shall be governed by the same rules and regulations as govern other municipal and county chaingangs in this State, unless otherwise provided herein. Chaingang. SEC. 67. The mayor and aldermen of the city of Vienna shall have power and authority to select a whipping boss for the convicts confined in said chaingang, and fix his compensation and prescribe his duties. No whipping shall be administered to any convict in said chaingang by said whipping boss or other person or officer having them in charge except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convict. Whenever a whipping is administered to a convict it shall be entirely private, but in the presence of at least two responsible persons, nor shall it be done in a place where the public generally will be attracted. The whipping boss or other person in charge of said convicts may be discharged at any time, in the discretion of the city recorder,

Page 928

or by a two-thirds vote of the mayor and aldermen acting together. Whipping. SEC. 68. Be it further enacted, That the authorities in charge of said chaingang shall have prepared and published full and complete, reasonable and humane, rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties in all respects of the superintendent, commissioner, guards, whipping boss or other person connected with the management of convicts as to care, keeping, control, work and discipline of convicts. Rules as to convicts. SEC. 69. Be it further enacted, That no superintendent, commissioner, guard, whipping boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under the direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. Personal responsibility removed. SEC. 70. Be it further enacted, That white and colored convicts shall not be confined together, nor shall they be chained together at any time or place; nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately so far as practicable. Race separation. SEC. 71. Be it further enacted, That the mayor and aldermen are hereby authorized to pass all such ordinances, make such rules as will effectually establish, and maintain a chaingang in said city. The mayor and aldermen are hereby authorized to select the chief of police or other police officer as they may deem proper, to act as whipping boss of said city chaingang. Chaingang. SEC. 72. Be it further enacted, That the whipping boss, superintendent, or other person having the convicts in charge, shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex,

Page 929

color, height, weight, time received, time worked, behavior while confined, the offense with which they are charged, a record of number of times such convict was whipped and the number of licks given, time of discharge and such other information as may be required of him by the city authorities. Record of convicts. SEC. 73. Be it further enacted, That the mayor and aldermen shall have power, in their discretion, to hire out and dispose of the convicts convicted in the recorder's court of said city in the same manner, and under the same rules and regulations as the convicts who are convicted in the State courts in said county, for such length of time as they may deem proper to do so, if in their discretion, it would be better for the city's interest than to maintain a chaingang in said city. [Illegible Text] out of convicts. SEC. 74. Be it further enacted, That the rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State, and that all persons placed on trial in the recorder's court shall have opportunity to employ counsel, if they so desire. Practice in recorder's court. SEC. 75. Be it further enacted, That all persons who have been tried and convicted in the recorder's court and sentenced to serve on the chaingang in said city shall not be entitled to pay such fine imposed after entering upon the service of said sentence without having first obtained an order so to do from the mayor. Payment of fine. SEC. 76. Be it further enacted, That the mayor and aldermen of the city of Vienna shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossing, 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 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

Page 930

of a street, avenue, alley, sidewalk, crossing, or other passage ways of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares, triangles, and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given, and when the work shall be completed and to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing, and railroad crossing or other passage way 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 foot frontage of said property. The entire expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the foot frontage to their property thereon. Whenever the mayor and board of aldermen shall determine to pave any street, avenue, alley, sidewalk, street crossing or railroad crossing, or other passage way 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 said 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 the completion of such work, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the said 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 on said property by the marshal or chief of police, and the same advertised and

Page 931

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 the sheriffs of this State are authorized to do at public sale under judgment and execution. The city of Vienna shall have full right to bid on and purchase said property at said sale if they choose to offer the highest bid therefor, whereupon, said deed shall be made to said city, said marshal or chief of police being authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Streets. Assessments. Execution, [Illegible Text] and sale. Title. City may buy. SEC. 77. Be it further enacted, That the mayor and aldermen shall have power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said city in an amount not to exceed fifty thousand dollars at any one time. Bond issue for paving SEC. 78. Be it further enacted, That the mayor and aldermen of said city are given the power and authority to pass all ordinance and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing section relating to paving, as they may deem for the best interest of said city, and which shall not be in conflict with the Constitution and laws of Georgia. Ordinances. SEC. 79. Be it further enacted, That all male residents of the city of Vienna between the ages of sixteen and fifty who have resided in said city thirty days before the first day of April of each year, shall be subject to work the streets of said city, not to exceed ten days in each year, or pay a commutation tax in lieu thereof not to exceed five dollars, as the mayor and aldermen may determine. Should any person liable to work the streets of said city under this section fail or refuse to do so or to pay the street tax assessed in lieu thereof after having received due notice from the marshal or other police officer so to do, such person may be sentenced by the recorder or mayor to work upon the streets of said city for and during the term of not exceeding

Page 932

fifteen days under the direction and control of the marshal or other police officer or to be fined or placed in the guard house, in the discretion of the mayor or recorder. Street work or commutation tax. SEC. 80. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to levy and collect an ad valorem tax not to exceed one per cent. upon all property, real and personal, within the incorporate limits of said city, which is taxable under the laws of this State; and to provide the manner in which the same shall be collected. Tax ad valorem. SEC. 81. Be it further enacted, That should any person fail or refuse to pay the city tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinances of said city, the clerk and treasurer shall issue execution against such delinquent tax payer for the amount due by him to the city, which shall be signed by the clerk and treasurer in his official capacity, and bear test in the name of the mayor of the city of Vienna. Execution for tax. SEC. 82. Be it further enacted, That said execution shall bind all the property that said defaulting tax payer owned in said city on the first day of April in the year for which said taxes are due. Said executions shall be directed to and enforced by the marshal or chief of police of said city, who, after levying the same upon the property of such defaulting tax payers shall, if the property levied upon be personal property, advertise the sale by posting a notice in three of the most public places in said city for ten days before the date of sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the official organ of said city, before selling the same. All sales under such executions shall be made by the marshal or chief of police, before the door of the council chamber, or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outery, to the highest and

Page 933

best bidder. When the sale is of personal property, the marshal shall deliver possession thereof 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 the marshal, upon the application of the purchaser or his agent to put such purchaser or his agent in possession of the real estate sold; provided, the said marshal shall not be authorized to turn out any person other than such delinquent tax payer, his heirs, tenants or assigns, since the lien of the city taxes attached. Lien of tax execution. Advertisement, levy and sale. Title. SEC. 83. The clerk and treasurer shall be allowed a fee of fifty cents for each fi. fa. issued, and the marshal the same fees for levies as are by law allowed the bailiffs in this State, and to the same fees for selling as are required and received by the sheriffs of this State for selling property therein; provided, the mayor and aldermen may by ordinance provide for all such costs to go into the city treasury, and pay the clerk and treasurer and marshal, or chief of police a regular salary for their whole duty to the city. Fees. SEC. 84. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature, and also prescribe when all business and occupation tax and licenses shall be paid to the city. Returns to: taxation. SEC. 85. Be it further enacted, That the mayor and aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any tax payers of the city, and, if in their judgment they shall find the property embraced in the return, or any portion of it, returned below its proper value, they shall assess the value thereof. Tax assessors.

Page 934

SEC. 86. Be it further enacted, That whenever the assessors shall raise the valuation at which the tax payer has returned his property, they shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, within ten days after notice to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be selected by him, one by the assessors, and the other by these two selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and aldermen are also given authority to fix the compensation of the said tax assessors, and also pass such ordinance bearing on the question as they may deem proper. Notice. Arbitration. SEC. 87. Be it further enacted, That the provisions of this charter may be pleaded and shall be a defense to any action brought against the mayor and city council of Vienna, or either of them, for any acts done by them, or either of them, under and in accordance with the provisions and the ordinances passed in pursuance thereof. Justification by this charter. SEC. 88. Said mayor and aldermen shall have power and authority to establish a guard house and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor or recorder for violating any of the city laws, or ordinances, or any penal section of this charter, and for the safe detention of any disorderly person, and all persons committing or attempting to commit crimes; and the marshal or any policemen of the city shall have the right to take up all disorderly person or persons, and confine them in the guard house to await their trial. Guard house. SEC. 89. Be it further enacted, That the mayor and aldermen of said city shall have the right to establish and maintain a city stockade for the confinement of all the convicts of the city, and to prescribe suitable rules and regulations for the same, whenever they may deem the same necessary. Stockade. SEC. 90. Be it further enacted, That the mayor and aldermen shall have power, whenever they deem it necessary,

Page 935

and to the best interest of the city, to establish a bureau for the commercial and business interests of the city, to be known as the Vienna Chamber of Commerce, and the said mayor and aldermen may prescribe the scope of its work, the duties devolving upon its membership, its officers and appropriate such sums for its maintenance and operation as they may deem proper. Chamber of commerce. SEC. 91. Be it further enacted, That the mayor and aldermen may have the right to employ a competent accountant to examine the books of the officers of the city, relative to the affairs of the city, as often as said mayor and aldermen shall consider necessary. Examination of books. SEC. 92. Be it further enacted, That the mayor and aldermen shall have full power and authority to regulate the running of all railroad trains and all street cars and automobiles within the city limits, and to prescribe the manner in which the same may be run and the rate of speed of the same. Trains, cars and automobiles. SEC. 93. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance therewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer system of the city; to establish a light plant; to establish an ice plant and cold storage plant; to erect a city hall where the public business of the city shall be transacted; to curb and pave the streets of said city, and for such other public improvement as they may deem proper; and shall provide how the public debt of the city may be paid, and may constitute such sinking fund for that purpose, if they may deem necessary. Bond issues for public improvements. SEC. 94. Be it further enacted, That the mayor and aldermen of the city of Vienna are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one-half of one per cent. on the real and personal property in said city of Vienna for the purpose

Page 936

of establishing and maintaining a system of public schools in said city; provided, that the money so raised shall be used for school purposes as hereinafter set forth. School tax. SEC. 95. Be it further enacted, That the mayor and aldermen are authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed in the aggregate the sum of one hundred thousand dollars of the denomination of one thousand dollars each, to become due and payable at such time or times, not exceeding thirty years from the date of the issue thereof, as said mayor and aldermen shall determine, and bear interest not to exceed seven per cent. per annum. Said bonds to be sold, issued and hypothecated for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in said city. Bonds for schools. SEC. 96. Be it further enacted, That the mayor and aldermen of said city are hereby authorized and empowered to levy, assess and collect annually, a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatsoever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually, for the interest on said bonds. Any money remaining on hand, received and collected under this Act, after the paying of maturing interest coupons and bonds each year, shall be held by the mayor and aldermen as a sinking fund for the payment of bonds and interest maturing the next year. Tax to pay bonds. SEC. 97. Be it further enacted, That said bonds shall be signed by the mayor and clerk and negotiated and sold in such manner and in such sums and at such times as the mayor and aldermen may determine for the best interest of said city and the speedy execution of the object of this Act. Bonds, how signed and sold.

Page 937

SEC. 98. Be it further enacted, That the money arising from the sale and disposition of said bonds shall be used by the mayor and aldermen of said city in purchasing sites, erecting buildings and equipping public school buildings in said city, upon the terms and in such locality as the trustees or board of education, appointed as hereinafter designated, may deem best for said city and school. Money, how used. SEC. 99. The provisions of this Act in relation to the establishment and maintenance of public schools in said city, and issuing bonds in said city, from the proceeds of which to purchase sites, build and equip public school buildings of said city, shall be separate and distinct questions, and shall be voted on separately at the same or different elections, as the mayor and aldermen in their discretion may order, and shall not go into effect or become operative until the question of establishing public schools in said city and issuing of said bonds shall have been submitted to a vote of the qualified voters of said city, at an election or elections held for that purpose in accordance with the Constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised for thirty days immediately preceding such election or elections at the council chamber in said city, and in the official organ of said city. The mayor and aldermen shall provide at the expense of the city the ballots to be used in said election or elections, which said ballots shall have printed on them For public schools, and Against public schools, and For bonds, and Against bonds. If the question submitted at said election or elections shall be decided affirmatively in accordance with the term of this Act, it shall be the duty of the corporate authorities to levy and collect a tax and issue and dispose of said bonds of said city in accordance with the various sections of this Act in relation thereto. But should the question be decided negatively at such election or elections the effort shall be only to suspend the various sections of this Act in relation thereto. Popular vote to determine as to schools and bonds.

Page 938

SEC. 100. Be it further enacted, That if at any election held in accordance with the provisions of the preceding section the question or questions submitted and voted on shall be decided against the establishment of said schools, it shall be the duty of the mayor and aldermen of said city, upon the written application of one-third of the qualified voters of said city to order another election, which shall be held as required by the provisions of the preceding sections. Further election. SEC. 101. Be it further enacted, That any election held under the provisions of the preceding sections relating to schools shall be conducted and governed by the same rules and regulations as the elections held for mayor and aldermen of the city of Vienna. Conduct of election. SEC. 102. Be it further enacted, That the present board of trustees of the school of said city shall serve out the terms for which they have been elected; but hereafter said board shall consist of five members to be chosen from the citizens of said city, two of whom shall hold their office for one year, two for two years, and one for three years, from the date of their election. All vacancies occurring in said board by expiration of term of office or otherwise shall be filled by election by the mayor and aldermen. The members of said board of trustees shall be male citizens of Vienna, twenty-one years of age, and of good moral character; provided, that neither the mayor nor the aldermen of said city shall be eligible to membership on said board. Board of school trustees. Vacancies. Membership. SEC. 103. Be it further enacted, That said board of trustees shall have authority to establish, and from time to time modify and change and enlarge a system of public schools for the city of Vienna. Said board shall have authority to purchase sites, erect buildings, rent buildings, purchase appurtenances and furniture for school purposes; employ teachers; to suspend or discharge them for good cause; to prescribe the terms upon which students are to be received in said schools, and to establish such rules, regulations and by-laws as they may deem right and proper in maintaining a system of public schools in said city; provided, that such regulations are not inconsistent with the Constitution and

Page 939

laws of this State. Said board of trustees shall have authority to admit students in said schools who do not come within the legal age, but such students coming into the school must pay such fees for tuition as said board may determine as proper. Authority of board. SEC. 104. Be it further enacted, That the officers of said board shall consist of a president, a vice-president, and a secretary and treasurer. Said officers shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of board SEC. 105. Be it further enacted, That so long as public schools are maintained in the city of Vienna, the State School Commissioner is hereby authorized and required to pay over to the treasurer of said board for the use of the public schools under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the city of Vienna, to be by them expended in the establishment and maintenance of the said public schools, as authorized and directed by the Constitution and laws of this State. Proportion of State school fund. SEC. 106. Be it further enacted, That it shall be the duty of the mayor and aldermen of the city of Vienna to levy and collect the taxes hereinbefore provided for, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of the said board of trustees for the support and maintenance of the public schools; said taxes shall be collected by levy and sale, as provided by this charter and the ordinances of the city, and no person shall have the benefits of said schools who fails or refuses to pay all taxes assessed against them by said authorities. Separate account of school tax. SEC. 107. Be it further enacted, That all children whose parents, guardians or natural protectors shall have been bona fide residents within the corporate limits of said city thirty days immediately preceding their application for admission into said schools shall be entitled to the benefit

Page 940

of said schools. The board may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining such schools. Children admitted. Non residents. Tuition. SEC. 108. Be it further enacted, That said board of trustees shall provide separate schools in which the white and colored children must be taught. Said board is authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools. Race separation. SEC. 109. Be it further enacted, That every ordinance, and resolution passed by the board and aldermen may be subject to veto by the mayor in the following manner: The mayor, within three days, may write out his objection to such ordinance or resolution, and the board of aldermen at the next regular meeting, at which a quorum shall be present, order said objections on the minutes and take a vote on the question as to whether said ordinance or resolution or other action shall become adopted over said veto. Should as many as three aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. Mayor's veto power. How overridden. SEC. 110. Be it further enacted, That all elections to determine the issuing of bonds for all public improvements, as above provided in this charter, shall be conducted in the same manner as provided for other elections in said city, and in accordance with the Constitution of this State, which said election shall be held under the order of the mayor and aldermen, and be advertised for thirty days immediately preceding the date of the election, and shall be held at the council chamber in said city. The mayor shall provide, at the expense of the city, the ballots to be used in said election, which said ballots shall have printed on them For public

Page 941

improvements, and Against public improvements, and For bonds, and Against bonds, and if the question shall be decided in the affirmative, they shall proceed as authorized, and if decided in the negative, then it shall be delayed until some other election, which may be ordered at any time upon the written request of one-third of the qualified voters of said city; provided, that not more than two elections for that purpose shall be held within one year for the same purpose. Elections as to bond issues. SEC. 111. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Existing ordinances. SEC. 112. Be it further enacted, That all Acts heretofore approved by the General Assembly relating to the city of Vienna, 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. Former Acts, how far operative. SEC. 113. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. WACO, TOWN OF, INCORPORATED ANEW. No. 268. An Act to repeal an Act to incorporate the town of Waco, in the county of Haralson, approved September 23d, 1885; to incorporate the town of Waco, in the county of Haralson, State of Georgia; to define the corporate powers of said town; to define the corporate limits of said town; to provide for the election of mayor and councilmen

Page 942

for said town and fix their term of office; to provide for the retention of the present mayor and council of said town until the election of mayor and council under this charter; to define the qualifications of mayor and council; to provide for vacancies; to provide for the management of elections and qualification of voters; to prescribe the oath of mayor and councilmen and define the duties and powers of mayor and councilmen; to provide for mayor pro tem., marshal and other city officers, and define their duties and powers; to provide for salaries of mayor, councilmen and other officers of said town; to authorize the mayor and council to license and collect a special tax from all persons, firms or corporations, following or carrying on any trade, profession, business, calling or avocation in said town, and from any person, firm or corporation engaged in carrying on or offering to carry on any sort of trade, trick or device or show or anything akin thereto; to fully regulate and control all kinds of trades, business and calling; to provide for payment of license before engaging in such business; to provide penalties for the violation of such ordinances; to authorize the mayor and council to levy and collect the tax from the property in said town; to provide for the manner of assessment of an equalization of taxes on real and personal property in said town; to provide for the issuing of tax executions for taxes due the town and the sale of real and personal property under such executions; to provide for the forfeiture of recognizance; to provide for the enforcement of fines and forfeitures by judgment and execution; to provide for a board of tax assessors; to provide for laying out streets, alleys, sidewalks, drives, parks and other public grounds and maintain the same; to provide for

Page 943

the condemnation of property; to regulate and prohibit the sale of spirituous and intoxicating liquors, wines, beers or any character of intoxicating liquors, and to prescribe penalties for the violation of the same; to provide for the construction and maintenance of a system of water works and lighting plant and sewerage; to provide and regulate fire, sanitary and public protection; to prescribe the manner in which all town ordinances for the government of said town shall be enacted and provide penalties for the violation of the same; to define and prescribe the police powers and regulations of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved September 23d, 1885, entitled an Act to incorporate the town of Waco, in Haralson County, be and the same is hereby repealed. Act of 1885 repealed. SEC. 2. Be it further enacted, That the inhabitants of the territory hereinafter designated are made a body politic and corporate, under and by the name and style of the town of Waco, being hereby incorporated under said name, and under said name is hereby invested with all the rights, powers and privileges incident to municipal corporations; and said town may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make, enact and enforce through its mayor and council such ordinances, rules and regulations for the welfare and proper government of said town as its said officers may deem proper; buy, have, hold, receive or possess, or rent, lease, sell or convey such property, real or personal, as may be necessary or advisable, and do all such acts and things not prohibited by law as may be necessary or advisable for the proper conduct and management of the affairs of said municipal corporation. Town of Waco incorporated. General powers. SEC. 3. Be it further enacted, That the corporate limits of the town of Waco shall extend five-eighths of a mile in

Page 944

every direction from the Methodist Protestant Church in said town. Territorial limits. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five councilmen, who shall constitute the town council, and who shall be elected and whose term of office shall be as follows, to-wit.: On the first Saturday in October, 1915, and annually thereafter on the same day, an election shall be held in said town for a mayor and four councilmen, who shall hold their office for the term of one year, and until their successors are elected and qualified; provided, the present mayor and council of the town of Waco shall continue to serve as mayor and council of said town under this charter until their successors shall have been elected and qualified. Government. Election of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilmen who shall not be twenty-one years of age and have resided in said town for twelve months immediately preceding his election and be a qualified voter in election for members of the General Assembly of this State. Eligibility. SEC. 6. Be it further enacted by the authority aforesaid, That if the office of mayor or councilman shall become vacant at any time more than sixty days previous to a regular election for mayor and councilmen, it shall be the duty of the mayor, or, in case of a vacancy in the office of mayor, the remaining councilmen, to order an election, to fill the office or offices so vacant, and if such office or offices shall become vacant in less than sixty days next before such regular election, then such vacant place or places shall be filled by appointment by the members of the council remaining. Vacancy in office. SEC. 7. Be it further enacted by the authority aforesaid, That all elections for municipal officers of said town, or for other purposes shall be under the supervision and conducted by the managers, who shall be freeholders of said town, and entitled to vote in the elections for officers thereof and before entering upon their duties shall subscribe to an oath to faithfully and impartially discharge the duties of such

Page 945

managers and truly declare the result of such election. Said managers shall keep two lists of voters and two tally sheets, and at the conclusion of the count shall deposit the same together with the votes cast with the clerk of the council, and the certificate of such managers shall be sufficient authority to the person elected. Conduct of elections SEC. 8. Be it further enacted by the authority aforesaid, That every male citizen of said town, twenty-one years of age, who shall have been a resident of this State for twelve months next preceding said election, and three months within the corporate limits of said town, and shall have paid all taxes due by him to said town, and who is registered according to the laws and qualified to vote for members of the General Assembly of this State, shall be qualified to vote at any election held in said town for any person whatever. Voters qualified. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council before entering upon the discharge of their duties, shall each take and subscribe an oath before some officer authorized to administer oaths to discharge faithfully the duties of their office, and this oath they shall also require to be taken by each person appointed by them. Oath of mayor. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town. It shall be his duty to preside at all meetings of the town council; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before said council by imposing such penalty as may be authorized for violations of the municipal ordinances, and to require the marshal of said town to enforce the same as in other cases; to see that all laws, ordinances, rules, regulations and resolutions of said town or the council are faithfully and fully executed and enforced; to appoint and be an ex-officio member of all committees; to see that the officers of said town shall faithfully perform the duties required of them; to see that all municipal and State laws

Page 946

are enforced within the limits of said town; to carefully audit the finances of said town and see that all funds are properly accounted for, and that all revenues are properly collected; said mayor (together with the councilmen) shall make, or cause to be made, an annual statement and account under oath of the financial condition of said town; such account shall be a full and itemized statement of all moneys collected, when and from what source collected, of all amounts paid out, and when and on what account paid out, the sums due said town, and from what source due, the existing liabilities of said town and the balance on hand. This account shall be made and published on or before the first Saturday of October in each year; it shall be the duty of the mayor to inspect the records and books of account of the offices of said town and see that they are properly and correctly kept; to require such reports made by such officers to the council as he may see proper; to see that order is maintained in said town, and that its property and effects are preserved. Said mayor shall exercise a general supervision and jurisdiction over the affairs of said town; he shall have authority to convene the council in extra session as frequently as he may deem proper; to exercise the function of a committing court; to appoint such special police officers as he may see fit, and to do such other acts and things as may be necessary and proper in the proper conduct of the affairs of said town as may be herein further authorized. Mayor's duties and powers. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor of said town shall have jurisdiction to try all persons charged with the violation of any law, rules, regulations and ordinances of said city, and to punish such persons when properly convicted by fine not to exceed one hundred dollars, or by imprisonment in the calaboose of said town not to exceed sixty days, or to work at hard labor on the streets, alleys, or other public works of the said town as the mayor shall adjudge not to exceed sixty days. Any one or all of said punishments may be inflicted in the discretion of the mayor or person acting as mayor in the trial of offenses. If within the discretion of the mayor or

Page 947

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

Page 948

and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of said town, and faithfully and attentively perform such services as they may be required to do by the mayor of said town on committees and otherwise. Duties of councilmen. SEC. 14. Be it further enacted by the authority aforesaid. That said town council shall have the right to elect a mayor pro tem. from their body, who, in the absence, disqualification or disability of the mayor, shall have such authority as is herein vested in, and be required to perform such services, as are herein required of the mayor. Mayor pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That in the absence of both mayor and mayor pro tem., the members of the council shall appoint some member of their body to act in the stead of the mayor during such time, and said person shall have all the authority of the mayor during such time as he may be thus acting. Acting mayor. SEC. 16. Be it further enacted by the authority aforesaid, That said council shall be authorized to employ such police officers as they may see fit for the proper police protection of said town, which officers shall be known and designated as marshals, or marshals and deputy marshals as may be provided by said ordinance, and who shall be elected for such term not exceeding twelve months, as the council may see fit, and who shall receive such compensation as may be fixed by the council, and who shall be directly responsible and accountable to the mayor of said town and subject to his orders; to elect a clerk and treasurer out of their number; and to fix their duties. The council shall be further authorized to employ such help as may be necessary to the proper conduct of the several town enterprises, who shall receive such compensation as may be fixed by the council, and who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the town council may see fit. Police officers. Employees SEC. 17. Be it further enacted by the authority aforesaid, That the town council may in their discretion elect a

Page 949

town attorney, whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required, to prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. Attorney. SEC. 18. Be it further enacted by the authority aforesaid, That the town council shall have the right to fix such salaries for the mayor and councilmen as it shall see fit, which salaries shall not be increased or diminished during their continuance in office. Salaries. SEC. 19. Be it further enacted by the authority aforesaid, That the town council of said town shall have the right and authority to provide for and collect a special license tax from any person, firm or corporation, or agent thereof, engaged in carrying on either temporarily or permanently, or who shall offer to so carry on or engage in, any business, profession or calling of any kind or character within the corporate limits, or from any itinerant trader or peddler, or from any person engaged in carrying on, or offering to carry on, any sort of trade, tricks, or device or show or anything akin thereto within said town; said tax to fully regulate and control all kinds and characters of trade, business or callings carried on or engaged in within said town; to provide for said tax to be paid and said license procured before engaging in said business or calling, and to provide for a penalty as for the violation of municipal ordinances against any person, firm or corporation violating any such ordinance or ordinances and without doing business, carrying on such trade or profession without complying with the provision of this section. Said council may, in their discretion, compel the payment of such license tax by execution, levy and sale, in the same manner as the general taxes are collected. License tax on business, trade, profession, etc. Execution. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy and collect, by execution or other legal process, tax upon

Page 950

all property, both real and personal, within the corporate limits of said town, and upon all banking and insurance and other capital employed therein, including all cash, notes, mortgages and other evidences of debt, held in said town; provided that the rate of tax hereby authorized shall not exceed one per cent. upon the assessed value of such property; provided further, said tax rate may be increased for any one year by two-thirds of the qualified voters of said town at an election to be held for that purpose voting for such increase. Taxation ad valorem. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of said town, or on before the 1st day of February, 1916, and annually thereafter, on or before the 1st day of February, to appoint three upright, discreet and intelligent freeholders of said town to serve as a board of tax assessors for said town for the term of one year, and hold until their successors are appointed and qualified; and if, from any cause, the place of any one or more of said board of assessors is made vacant, said mayor and council shall cause the same to be supplied by appointment as before provided; and before entering on the discharge of their duties, said board of assessors shall each take and subscribe an oath to faithfully and impartially report all real estate in said town subject to taxation, and [Illegible Text] the same at the reasonable and just value thereof. It shall be the duty of said assessors, between the first days of April and July of each year, to make out a complete list of all lots in said town, as shown by the plat thereof, all real estate in said town not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value. The lists so made out shall show the name of the owner, if known, and his residence, the number of the block and the number of the lot, if platted and numbered, if not, then such description given as is necessary to locate the property, opposite which description shall be set its value assessed by said board. It shall be the duty of all owners of taxable personal property and other subjects of taxation, as provided in this charter, to make, by themselves or agents, returns under

Page 951

oath to the tax assessors of said town, of all their personal property at its reasonable and just value. Such returns shall be made between the first days of April and July of each year; and if any person shall fail or refuse to make such returns by the first day of July in any year, the board of tax assessors shall assess the personal property of the person so failing to make returns at double the value of such property; and if any person shall make any returns of personal property which the assessors may deem incorrect, then said board of assessors shall assess such personal property and fix such value upon it as they may deem reasonable and just. If the owner of any real or personal property conceives that said assessors have placed too great a value on said property, such owner or his agent may appeal such assessment to the mayor and council of said town, who shall assess said property at its just and reasonable value, and the action of said mayor and council shall be final in the premises; and if any tax payer in said town shall think that said assessors have placed too low an estimate on any property therein, such person shall have the right to have such assessment revised by said mayor and council, whose action shall be final as aforesaid. The list of real estate assessed as herein provided, shall be completed by said board of assessors, and returned by them to the mayor and council on or before the first day of August; and within fifteen days thereafter said mayor and council shall ascertain and declare the rate to be levied and collected from such assessments and returns, and the taxes, so levied, shall be due and payable on the 15th day of October in the years for which they are levied; and when the taxes so levied are not paid before the 15th day of November, in each year, the same shall be collected as follows: An execution shall be issued by the clerk of council, directed to the marshal of said town against the real and personal estate of such defaulter, and in case of any real estate the owner of which is unknown, against the said real property describing the same by number and location, which execution shall be levied by a marshal of said town, and after advertising the same once a week for four weeks in some newspaper having general

Page 952

circulation in said town, he shall sell the property so levied on before the door of the town hall, in said town, on some regular sheriff's sale day, and within the legal hours of sheriff's sales, and the deed of said marshal shall be as effectual to pass the title to property thus sold as the deed of the owner, provided, that the property thus sold may be redeemed by the owner thereof within six months from such sale, upon such owner paying the purchaser the amount paid out by him in such purchase, together with twenty per cent. interest on the same; the mayor and council shall prescribe by ordinance the compensation of such assessors. Tax assessors. Duty of assessors. Lists of owners and property. Returns for taxation. Appeals. List of realty. Execution, levy and sale. Title. Redemption. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right among other ways to enforce the collection of any debt or claim due said town for taxes, licenses, cents, impounding fees, bond forfeitures, fines, etc., or for any other claim or demand on account of any matter whatever, by execution, levy and sale, as prescribed in Section 21 of this Act. Enforcement of collection. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to revoke at any time without notice any license that may have been issued by said town by prorating and returning the unearned portion of the fee charged. Revocation of license. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to require every male inhabitant of said town who is subject to road duty under the laws of the State to work such length of time on the streets of said town as said mayor and council shall by ordinance direct, or they may prescribe a commutation tax to be paid by such person in lieu of such work; and they shall have power to enforce obedience to their laws and ordinances, under this section, by fine, imprisonment or work on the streets, as provided in Section 11 of this Act, and no tax paid in lieu of such work nor any money arising from fines and forfeitures for failure of person to perform such work shall be used for any purpose except for the payment of work done or improvements put on the streets or sidewalks. Road work or commutation tax.

Page 953

SEC. 25. Be it further enacted by the authority aforesaid, That if, in the judgment of the mayor and council, it shall become necessary at any time to open, widen, or in any manner alter any street, alley, sidewalk, or other passways in said town, they shall have full power to order the same done by complying with the following rules: If the owner of the property to be affected by such alteration claims that he will be damaged thereby, and if such owner and said mayor and council shall be unable to agree as to the fact of such damage or the amount thereof, said mayor and council shall cause to be served on such owner, or his agent, notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and state the quantity sought to be taken, and the purpose for which it is to be taken, which notice shall also state the time and place the proceedings to condemn such property will be had, which shall not be less than five, nor more than ten days from such time of service. It shall be the duty of said mayor and council to select one upright and intelligent freeholder of said town, and the owner of said property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the justice of the peace of the militia district in which said town is situated to select some upright and intelligent citizen, freeholder as aforesaid, and it shall be the duty of the two persons selected in either way above named to select the third upright and intelligent citizen of said town, and it shall then be the duty of said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, on the property by reason of the opening, widening or altering of such streets, alleys, sidewalks, or other pathways, as the case may be, and from the decision of the said freeholders there may be an appeal by either party to the Superior Court of Haralson County under the same rules and regulations as govern appeals from the justice's courts to the superior courts. The mayor and council, upon payment or tender to the owner or his agent of any

Page 954

sum found by said arbitrators, shall have the right to proceed to open, widen said street, alley or sidewalk, notwithstanding any appeal by the owner of such premises. Opening of street. Condemnation of land. Notice. Assessment of damages. Appeal. SEC. 26. Be it further enacted by the authority aforesaid, That it shall not be lawful to sell or permit the sale of spirituous, malt or intoxicating liquors, bitters, wines, beer or any character of intoxicating liquors within the corporate limits of said town; the mayor and council are hereby authorized to prohibit the sale, or to prohibit spirituous, malt or intoxicating liquors being kept for sale within the limits of said town, and the violation of any ordinance adopted by the authority of this section shall be punished as is prescribed in Section 11 of this Act. Liquors. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Waco be, and they are hereby authorized in their discretion, to purchase, lease, construct, erect, equip, maintain and operate a system of waterworks in said city, together with the necessary sites, ways, structures, canals, reservoirs, etc., for conveying or containing water, and shall be authorized to lay pipes and conduits through said town and through the county of Haralson, to bore wells, erect dams for the purpose of obtaining water, and shall be authorized to lay pipes and conduits through it, shall have the right to any stream or streams of water in said county which may be deemed necessary, appropriate or convenient for that purpose. And shall be authorized to condemn land anywhere in said county that may be necessary for the purpose of carrying out this section. The condemnation proceedings to be conducted in the same manner as is now provided for condemning land by Sections 5206 to 5227 inclusive of the Code of the State of Georgia, and shall be authorized to supply all persons in said town or contiguous thereto with water, and to make charges for the same, and generally shall be empowered to do all things as may be necessary, expedient or proper to carry into effect the purpose of this section. Waterworks. Condemnation of land.

Page 955

SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Waco shall be and are empowered and authorized to purchase, lease, construct, equip, operate and maintain electric lighting or gas lighting system or systems, and plant or plants, or any other system of lighting that may be deemed advisable from time to time in said town, and to furnish light or electric power to any person or persons in said town and to make charges for the same, and generally shall be authorized to do and perform any and all things that may be necessary or proper to carry into effect the purposes of this section. Lights. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and power to condemn and destroy at the expense of the owner in the manner provided for the abatement of nuisances any building within said town which may be dangerous to life, health or property, or that may be dangerous from a standpoint of fire or likely to cause the origin or spread of the same. Nuisances. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to declare by ordinance what shall constitute a nuisance and provide for the abatement of the same. When any given thing has been declared by the mayor and council to constitute a nuisance the same may be abated by the order of the mayor and the person maintaining the same may be punished as provided for the violation of municipal offenses for every day that the same may be maintained after its abatement has been ordered. Nuisances. SEC. 31. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and authority to provide such rules and regulations and to provide for the punishment of a violation of the same, as shall fully protect the health and sanitary conditions of said town; to require the removal of all garbage, filth, dirt, dead animals, weeds, undergrowth and all and everything likely to cause sickness from any occupied or unoccupied lot or

Page 956

place. To cause to be made as often as they may see fit a thorough inspection of the premises of all citizens of said town; to regulate all sewers, drains, wells, ditches, privies, etc.; to prescribe such rules and regulations with respect thereto as it may see fit, and to provide for a penalty for a violation of the same; to take such action as may be necessary to put in a sanitary condition the premises of any citizen or unoccupied lot or place within said town and collect the costs of same by execution out of the owner of such lot, place or premises; to take such action as may be necessary to prevent the spread of contagious diseases, and to do all such acts and things as may be necessary for the perfect sanitary condition and protection of said town. Sanitary regulations. SEC. 32. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshals of said town to arrest without warrant any person within the corporate limits of said town who at or before the times of said arrest has been guilty of violating any of the ordinances of said town, and to hold the persons arrested until trial in the calaboose of said town or such other place as may be by the mayor and council provided. Said marshals are likewise authorized to make arrests for State offenses to appear before the mayor's court, said bonds to be and under the same circumstances as the sheriffs of this State. Arrests without warrant. Arrests for State offenses. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall provide by ordinance the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That said mayor, and in his absence the mayor pro tem., shall be to all intents and purposes a justice of the peace so far as to enable them to issue warrants for offenses committed against the laws of this State within the corporate limits of said town, which warrants may be executed by any marshal, deputy marshal of said town, and to commit to the common jail of Haralson County, or admit to bail such offenders for their appearance at the next

Page 957

term of the superior court of said county, and it shall be the duty of the jailor of said county to receive all persons so committed and safely keep them until discharged by due course of law. Warrants for offenses. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and council shall have the rights and powers to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary to carry out and enforce the authority granted under this charter, and as they may think necessary for the good order, peace, health, prosperity, comfort and security of said town and the inhabitants thereof; to adopt such rules and regulations for the government of the town council and officers of said town as may be deemed advisable; to prohibit the commission of any character of disorderly conduct within said town; to regulate the speed and running of locomotives in said town; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said town, and to have full and complete control of all such streets, sidewalks, etc.; to prevent trash being thrown thereon or any class of merchandise or other thing or article being placed therein; to provide for the police officers or mayor of said town calling upon any citizen of said town to aid in the enforcement of the laws thereof, or in effecting an arrest therein, and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performances or what not within the corporate limits of said town; to regulate the speed of horses or other animals, as well as vehicles, bicycles, automobiles, or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the mayor's court of said town of persons engaged in gambling therein, and for the keeping for the purpose of using for gambling or any other immoral or illegal purposes any cards, dice or any other instrument or device of any kind used for said purpose, or for the purpose of carrying on any game of chance or other scheme of any kind in the nature of gambling or immoral or illegal purposes;

Page 958

to suppress rowdy and disorderly houses, houses of ill fame; to require all residents within said town to keep around their premises and places of business in a healthful, cleanly, sightly condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions in the sidewalks or streets; to regulate and control all taverns and public houses, blacksmith shops, stores, chimneys, etc., in said town; to fill or cause to be filled up all pits, cellars, wells or other excavations in said town; to provide for the issuance of summonses to parties to appear for trial before the mayor's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summons and subp[oelig]nas as they may see fit, with like penalties; to regulate all manner of sports and games engaged in within the limits of said town; to prescribe such rules and regulations with respect to engaging in any business or calling within said town and with respect to obtaining a special license as it may see fit; to prevent hogs, cattle, sheep, horses and other animals, and fowls of all kinds from going at large in said city; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such community, and to provide for the trial and punishment in the mayor's court of said town of persons violating any ordinance, rule or by-laws authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by the mayor's court. Ordinances, rules and regulations as to numerous matters. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and power to prevent cattle, horses, mules, hogs, goats, dogs or other animals from running at large in said town, or to prevent same from being tied, hitched or fastened so as to in any manner obstruct any street, sidewalk or other public place in said town; to prohibit persons from permitting any horse, mule or other animal or animals hitched to any

Page 959

buggy, wagon or other vehicle to stand on any street, sidewalk or other public place in said town. To take up, impound and sell any animal running at large in violation of any ordinance of said city, and to provide such rules and regulations with respect to carrying into effect the provisions of this section as the mayor and council may see proper. Animals at large. SEC. 37. Be it further enacted by the authority aforesaid, That all legal debts, obligations, accounts and liabilities of whatever nature owing by the town of Waco at the date of the passage of this Act shall be owing by the town of Waco from and after the passage of this Act under this charter, and all debts of whatever kind or character due or owing to the town of Waco at the date of the passage of this Act shall be due and owing, and become the property of the town of Waco from and after the passage of this Act under this charter. Existing obligations. SEC. 38. Be it further enacted by the authority aforesaid, That if any person, after having been tried and convicted before the mayor or mayor pro tem., shall be dissatisfied with said judgment or conviction, such person shall have the right to certiorari, the same to the Superior Court of Haralson County, under the same rules and regulations as given in cases of certiorari from the justice's court to the superior court, except that in all cases of certiorari the party defendant shall pay the costs which have accrued and give a good and sufficient bond to be judged of such approval by the mayor or mayor pro tem., payable to said mayor and council, conditioned to pay such fine and costs as may have been adjudged against him as well as all future costs in said case; and shall file with the clerk of the council, or if no clerk, with the mayor of said town, a bond payable to the town of Waco in amount and with surety acceptable to and approved by the clerk or mayor, as the case may be, conditioned for the personal appearance of the defendant to abide the final order, judgment or sentence of said mayor's court, or of the superior court, in said case; provided, if the defendant is unable from his

Page 960

poverty to give said bond, and will make the same to appear by affidavit, the judge of the superior court shall, in granting the writ of certiorari, order a supersedeas, but the defendant shall not be set at liberty without giving said last mentioned bond; and, provided, whenever any defendant who has been convicted in said mayor's court shall file said bond with the clerk or mayor, as the case may be, as hereinbefore provided, or a pauper affidavit, and shall also file an affidavit that he intends to apply for a writ of certiorari, this shall act as a supersedeas of the judgment rendered in said mayor's court for a period of ten days, but in the event said bond is not filed with the clerk or mayor, as the case may be, the defendant shall not be set at liberty. Certiorari, right of. Bonds. SEC. 39. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. WARRENTON CITY MARSHAL'S ELECTION, ETC. No. 254. An Act to amend the charter of the city of Warrenton, Georgia, to-wit.: the Act incorporating the town of Warrenton, Georgia, approved December 12th, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a marshal for the city of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office. SECTION 1. Be it enacted by the General Assembly of Georgia, that Section 5 of the Act of 1859, incorporating the town of Warrenton and approved December 12th, 1859,

Page 961

be and the same is hereby amended by striking out in line three of said Section 5 the word Marshal, and by striking out in line ten of said Section 5 the word Marshal, and by adding after the word God, which is the last word in Section 5, the following words, to-wit.: That there shall be a marshal for the city of Warrenton, elected by popular vote of the qualified voters of the city of Warrenton, on the second Wednesday October, 1915, and annually thereafter, under the same rules and in the same manner as is prescribed for the election of commissioners for the city of Warrenton, and that the same rules and regulations governing the election of commissioners for the said city of Warrenton, shall apply to and govern the election of the marshal. That said marshal shall before entering upon the duties of said office take and subscribe to the same oath as is prescribed above for the treasurer of said city, before the mayor of said city of Warrenton, and shall hold his office until his successor is duly elected and qualified. And said marshal shall upon qualifying enter into a good and sufficient bond in the sum of one thousand dollars, payable to the commissioners of the city of Warrenton, for the faithful performance of his duties, which bond shall be approved by the commissioners of said city. That said marshal so elected shall be paid such a salary as may be fixed by the commissioners of the city of Warrenton, and said marshal shall be removed from office for malfeasance or misfeasance in office, by a majority of the commissioners of said city of Warrenton or by a majority of a quorum of said commissioners, after notice of the time and place of hearing and a copy of the charge or charges have been served upon him by the clerk of the said commissioners at least five days before such hearing. It shall be the duty of the commissioners of said city of Warrenton to prescribe the duties of the marshal of said city and upon the failure of the marshal to conform himself thereto and obey and carry out such rules as may be fixed by said commissioners in the execution of the office of marshal of said city, the said commissioners of said city of Warrenton, may prefer charges against the said marshal for dereliction of duty, serve him

Page 962

with notice of the time of hearing and also place of hearing, together with a copy of the charge or charges at least five days before such hearing, and should be discharged from said office by the commissioners if found guilty of such charge or charges by a majority of said commissioners or by a majority of a quorum present. In the event of a vacancy in the office of marshal by death, resignation, or otherwise, the mayor shall call an election to be held within ten days after said vacancy shall occur for the purpose of electing a marshal for said city of Warrenton, to fill such unexpired term, which election shall be governed by the same rules and regulations as are now prescribed for the election of commissioners for said city of Warrenton, Georgia, so that said Section 5, when amended, will read as follows, to-wit.: Act of 1859 amended. SEC. 5. And be it further enacted, That the commissioners within ten days after their election, shall meet at some convenient place, and proceed to elect by ballot a collector and receiver of tax return and appoint one of their members as treasurer; the two first of whom shall remain in office twelve months (unless removed), or until their successors are elected and qualified, and the latter during his term as commissioner. The salaries of these officers shall be regulated by the by-laws and ordinances, and shall not be diminished or increased during their continuance in office. Before the collector and receiver of tax, and treasurer, shall enter upon the duties of their several offices, each shall give bond and security to the commissioners for such an amount as they may require and each one shall take the following oath, which may be administered by anyone of the commissioners: I, _____, do solemnly swear that I will faithfully discharge the duties of_____ for the town of Warrenton, during my continuance in office, without partiality or favor to anyone, so help me God. Collector and receiver of tax, and treasurer. SEC. 7. That there shall be a marshal for the city of Warrenton, elected by popular vote of the qualified voters of the city of Warrenton, on the second Wednesday in October, 1915, and annually thereafter, under the same rules and in the same manner as is prescribed for the election of commissioners

Page 963

for the city of Warrenton, and that the same rules and regulations governing the election of commissioners for the said city of Warrenton, shall apply to and govern the election of marshal. That said marshal shall, before entering upon the duties of said office, take and subscribe to the same oath as is prescribed for the treasurer of said city, before the mayor of said city of Warrenton, and shall hold his office until his successor is elected and qualified. And said marshal shall, upon qualifying, enter into a good and sufficient bond in the sum of one thousand dollars, payable to the commissioners of the city of Warrenton, for the faithful performance of his duties, which bond shall be approved by the commissioners of said city. That said marshal so elected shall be paid such a salary as may be fixed by the commissioners of the city of Warrenton, and said marshal shall be removed from office for malfeasance or misfeasance in office, by a majority of commissioners of said city of Warrenton, or by a majority of a quorum of said commissioners, after notice of the time and place of hearing and a copy of the charge or charges have been served upon him by the clerk of the said commissioners at least five days before such hearing. It shall be the duty of the commissioners of said city of Warrenton to prescribe the duties of the marshal of said city and upon the failure of the marshal to conform himself thereto and obey and carry out such rules as may be fixed by said commissioners in the execution of the office of marshal of said city, the said commissioners of said city of Warrenton may prefer charges against the said marshal for dereliction of duty, serve him with notice of the time of hearing, and also place of hearing, together with copy of such charge or charges at least five days before such hearing, and shall be discharged from office if found guilty of such charge or charges by a majority of said commissioners or by a majority of a quorum present. In the event of a vacancy in the office of marshal by death, resignation or otherwise, the mayor shall call an election to be held within ten days after said vacancy shall occur for the purpose of electing a marshal for said city of Warrenton, to fill such unexpired term,

Page 964

which election shall be governed by the same rules and regulations as are now prescribed for the election of commissioners for said city of Warrenton, Georgia. Marshal to be elected by popular vote. Oath. Bond. Salary. Removal. Duties. Hearing on charges. Vacancy. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the foregoing Act be and the same are hereby repealed. Approved August 16, 1915. WAYCROSS CITY CHARTER AMENDED. No. 179. An Act to amend an Act entitled An Act to provide and establish a new charter for the city of Waycross, in the county of Ware, approved August 13th, 1909. SECTION 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 Six of said Act be stricken in its entirety and the following substituted therefore: Act of 1909 amended. SEC. 6. Be it further enacted, That said city of Waycross shall be divided into eight wards numbered one, two, three, four, five, six, seven and eight, respectively, whose limits shall be prescribed by the city council of the city of Waycross immediately on approval of this Act. The city council may, however, hereafter by a three-fourths vote of its members, change the limits of said city wards, or of either of them, or increase the number of wards and lay out new wards and fix the limits thereof and number the same, or redistrict the city entirely, both its present territory or any future territory that may be added to it from time to time, whenever in their judgment any such action or actions should become expedient. Wards of city. SEC. 2. Be it further enacted, That Section Seven of said Act be stricken in its entirety and the following substituted therefor:

Page 965

SEC. 7. Be it further enacted, That the municipal government of said city or its corporate power, shall be vested in and exercised by a mayor, who shall be its executive officer, and faithfully execute all ordinances of the city, a city clerk and treasurer, who shall make and execute a surety bond in favor of the mayor in the sum of ten thousand dollars, conditioned for the faithful performance of all duties entrusted to him, and a city council, consisting of one councilman from each ward of the city, and one councilman at large, who shall be president of the council and preside over the sessions of the same, appoint all committees of the council and be ex-officio chairman of the same, and be mayor pro tem. in the absence of the mayor; said council as a body shall be known as city council and they shall hold office as hereafter provided. The mayor, five councilmen and a councilman at large, a total of six councilmen, and a city clerk and treasurer shall be elected at the next annual election to be held on the first Saturday in January, 1916, who shall hold office for two years and until their successors are elected and qualified; and at the next election thereafter, to be held on the first Saturday in January, 1917, the other members of the city council (three, or more, if the number of the wards of the city is increased) shall be elected, who shall hold office one year and until their successors are elected and qualified; so that the mayor and all the councilmen's terms of office shall expire at one and the same date, and beginning the first Saturday in January, 1918, there shall be elected for a term of two years each, a mayor, a city clerk and treasurer, a councilman at large and a councilman from each ward of the city. Each councilman at the time of his election must have been a resident of the ward from which he is so elected for at least six months, but shall be elected by the entire vote of the city. In the event that the office of said mayor, city clerk and treasurer, president of the council, or either of said councilmen shall become vacant by death, resignation, removal or otherwise, the city council shall by resolution order an election to fill such vacancy, and shall give at least ten days' notice thereof in one or more papers,

Page 966

published in said city, and the election so held shall be held in the same manner as ordinary municipal elections. Provided, however, that if any of said offices shall become vacant at any time within three months of the expiration of the term of office, said city council shall have the right and the power to fill said office for the remainder of the term by selection made by the city council without submitting same to voters of the city. Mayor, clerk and council. Election and term of office. Eligibility. Vacancy, how filled. SEC. 3. Be it further enacted, That Section Thirteen of said city charter be stricken in its entirety and the following substituted therefor: SEC. 13. Be it further enacted, That on and after the first Saturday in January, 1916, and each two years thereafter, said city council shall fix the salaries of the mayor, city clerk and treasurer and councilmen, same not to be changed thereafter during their respective terms of office, and to be paid monthly out of the general revenues of the city. Provided, however, that the salary of the mayor shall not exceed six hundred dollars, the city clerk and treasurer fifteen hundred dollars, and that of the president of the council three hundred dollars per annum, and that of each of the other councilmen five ($5.00) dollars for each regular meeting they attend and answer the roll call. Salaries. SEC. 4. Be it further enacted, That Section Fourteen of said city charter of Waycross be amended by striking in the second line the words annually and mayor and aldermen and inserting in lieu thereof the words every two years and city council, and by striking the words mayor and aldermen in the eleventh line of said section and substituting therefor the words city council and by striking the words except that the mayor pro tem in the twelfth line of said section, and by striking the words mayor and aldermen in the 15th line and substituting therefor the words city council, and by striking the words enter into bond in the twenty-first line and inserting in lieu thereof make a fidelity bond, and by striking the words good security in the twenty-second line,

Page 967

and by striking the words mayor and aldermen in the twenty-fourth line and inserting in lieu thereof the words city council, and by striking the words mayor and aldermen in the twenty-ninth line and inserting in lieu thereof the words city council, and by striking the word mayor in the twenty-ninth line and inserting in lieu thereof the words president of council, and by striking the words mayor voting in parenthesis in the thirty-eighth line, and by striking the words mayor and aldermen in the fortieth line of said section and inserting in lieu thereof the words city council, and by striking the word mayor in the fifty-first line of said section and inserting in lieu thereof the words president of council, so that said section when amended shall read as follows: SEC. 14. Be it further enacted, That there shall be elected every two years by the city council, a tax assessor or assessors and collector, city attorney, marshal, chief of police, and such other officers and men as may be necessary to constitute the police force in the city, and also such other officer or officers, agents and servants of the city as the city council shall consider expedient, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the city council. Any two or more 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 city council preceding every election, which shall not be increased or diminished during their continuance in office. Their duties shall be prescribed by ordinance. On entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully perform the duties of their respective offices, and they shall each make fidelity bond, payable to the city of Wayeross, in such amount as may be fixed by the city council for the faithful performance of their duties. The city council may also appoint special policemen when and in their judgment, such appointment may be necessary; such policemen to be discharged when the emergency requiring their services is past, and to be compensated

Page 968

as the city council may determine. The president of council shall annually appoint standing committees of the city council, whose duties and powers shall be fixed by ordinance. All officers, agents and servants of the city, appointed or elected by the city council, shall at all times be subject to the jurisdiction of the same, and amenable to their discipline, and the city council shall have the power at any time to suspend, fine or remove any of said persons from the office or position held by them respectively by a majority vote, for any cause they may see just or proper, after a fair opportunity to be heard. The city council 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, administration and work of the city under the charge, management and supervision of such boards respectively, and to define their powers and duties and to appoint the members of such boards and to prescribe their compensation and to adopt appropriate ordinances for the government and regulation of the same. President of council shall have the right to vote in the election of all officers and servants of the city who are elected by the city council. City tax assessor and collector, [Illegible Text] marshal, chief of police. Salaries, duties, oath, bond, etc. Special policemen. Committees of council. Discipline. Board of health and other boards. Vote in council. SEC. 5. Be it further enacted, That Section Fifteen of said city charter of Waycross be amended by striking the word mayor in the seventh line and inserting in lieu thereof the words president of council, and by striking the words board of aldermen in the eleventh line of said section and inserting in lieu thereof city council, and by striking the word mayor in the said eleventh line and inserting in lieu thereof the words president of council, so that said section when amended shall read as follows: SEC. 15. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time, and may compel the attendance of the absentees. Any alderman shall have the right to call for the ayes and nays and have the same recorded on the minutes in

Page 969

all cases. The president of council shall have no vote, except in the election of officers of the city as aforesaid and in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the city council and the said president of council shall have three days after the meeting at which the aldermen vote in which to file with the clerk in writing, his dissent, but the aldermen may pass the said ordinance, order or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by ayes and nays, and entered upon the minutes. Quorum of council. Vote in council. Veto of ordinances. Passage over veto. SEC. 6. Be it further enacted, That Section Sixteen of said city charter of Waycross be amended by striking the words shall be the presiding officer of the city council in the second line of said section, and by striking the word he in the third line of said section, so that said section when amended shall read as follows: SEC. 16. Be it further enacted, That the mayor of the city shall also be the chief executive officer of the city government, and shall see that all the laws, ordinances, orders, by-laws, resolutions and regulations of the city council or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly perform their duties. He shall have special control of the police of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which same is being operated. He shall see that each department is being honestly and efficiently conducted upon business principles and without regard to politics. He shall require the business of the city to be promptly despatched without favoritism to any person or interest and without

Page 970

reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of the absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if [Illegible Text] for the same reasons, cannot act, then another alderman shall be selected by the board of aldermen to act temporarily. Mayor's duties and powers. SEC. 7. Be it further enacted, That wherever the words mayor and aldermen appear in Sections 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 34, 35, 36, 37, 38, 42, 44, 45, 46, 47, 48, 49, 50, 51, 56, 58 and 59, that same be stricken, and the words city council inserted in lieu thereof. City council substituted for mayor and aldermen. SEC. 8. Be it further enacted, That all of Section Eight be stricken and the following substituted therefor: SEC. 8. Be it further enacted, That the mayor, city clerk and treasurer and councilmen of said city shall be citizens of the State of Georgia, who have been citizens of the city of Waycross for at least one year next preceding the election and shall be qualified voters of said city, and beginning with the year 1915, they shall each be at least twenty-five years old; all persons twenty-one years of age who have been residents of said city for twelve months and who have registered as required by the ordinance of said city shall be entitled to vote in all city elections; and the right to vote in all city elections shall not be denied to any person on account of sex. Eligibility of mayor, clerk and councilmen. SEC. 9. Be it further enacted, That Section Ten of said city charter of Waycross be amended by striking the words the mayor in the fourth line of said section and the words and aldermen at the beginning of the fifth line of said section, and inserting in lieu thereof the words city council, so that when amended said section will read as follows: SEC. 10. Be it further enacted, That the place of holding all municipal elections in said city shall be at the court

Page 971

house or city hall, either or both, and also at any other places or precincts designated by city council, as they may deem expedient, and the time of day for keeping open the election shall be from six o'clock A. M. to seven o'clock P. M., central standard railroad time. The managers may begin to count votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by ordinance for regulating and safe guarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Elections regulated. SEC. 10. Be it further enacted, That the amendments herein enumerated shall be effective only upon the ratification of a majority vote of the qualified voters voting in an election to be held on the second Saturday in October, 1915. Said election shall be held under the rules and regulations of the city council as is customary in all other city elections, and the amendments proposed shall be segregated and arranged so that the people can intelligently vote for or against any or all of the amendments, and the amendments that obtain a majority vote of those voting shall be declared carried, and those not getting a majority of the votes voting shall be declared lost. This Act to be submitted to popular vote. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915. WILLIE, TOWN OF, INCORPORATED. No. 163. An Act to incorporate the town of Willie, in Liberty County, to define the corporate limits thereof; to provide for

Page 972

a mayor and council; and also to provide for the manner of their election; to provide for the enacting of all necessary ordinances; to provide penalties for the violation of 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 town of Willie, in the county of Liberty, be and the same is hereby incorporated as a town under the name of the town of Willie. Corporate name. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follows: Beginning at a point in said town of Willie, where the Sunbury Public Road crosses the Savannah Southern Railroad and running or extending one mile in each and every direction from said beginning point. [Illegible Text] limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authority of said town shall be a mayor and five councilmen who are hereby constituted a body corporate under the name and style of the town of Willie, and by that name and style shall have perpetual succession and shall have and use a common seal, may sue and be sued, plead and be impleaded, may purchase and hold such property, real or personal, as may be necessary for the good order, government and welfare of said town, and shall have the right to create a lien or lease on same for the purpose of securing credit for said town, and may sell said property, real or personal, if it shall appear to be to the interest of said town, the same to be left to the judgment of the mayor and council. General powers. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1915, and annually thereafter an election shall be held for mayor and five councilmen of said town, which said election shall be held by a justice of the peace and two freeholders, residents of said county, or by three freeholders. The managers shall conduct all elections as nearly as practicable as elections

Page 973

for members of the General Assembly are conducted, except as herein otherwise provided. Election of mayor and five councilmen. The polls at all elections shall be opened at some convenient and accessible place in said town at ten o'clock A. M. and be closed at three o'clock P. M. The managers at said election shall take and subscribe before an officer authorized to administer oaths, and in the absence of such officer in the presence of each other the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the town of Willie to hold the same; that we will make just and true returns thereof, and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of this town, or knowingly prevent anyone from doing so who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, so help me God. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen a certificate of election, showing to what office that person was elected, and for what period of time. Polls. Oath of managers. Certificate of election. SEC. 5. Be it further enacted by the authority aforesaid, That J. W. Rustin be and he is hereby appointed and designated as mayor of said town until his successor is elected and qualified; that Saxton Dukes, H. G. Metts, J. R. Elarbee, W. B. Stafford, Jr., and W. P. Gooden, be and they are hereby appointed and designated as councilmen of said town of Willie to serve until their successors are elected and qualified; said election to be held at the time specified in Section 4 of this Act. Mayor and councilmen designated. SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and council shall take and subscribe before an officer authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties involving upon me as mayor and councilmen (as the case may be) of the town of Willie, to the best of my ability, so help me God. Oath of office.

Page 974

SEC. 7. Be it further enacted by the authority aforesaid, That in all elections held under the charter of the town of Willie, no person shall be allowed to vote who is not duly registered as hereinafter provided, nor shall any person be allowed to vote in said election who has not been a bona fide resident of said town for at least sixty days prior to said election, nor who is not qualified to vote for members of the General Assembly. Voters qualified. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said board of councilmen to open a registration book ten days before each annual regular election, for the registration of the qualified voters of said town, which book shall be kept open from nine o'clock A. M. to two o'clock P. M. each day except Sundays and legal holidays, until five days before the election, when said book shall be closed. It shall be the duty of said clerk to administer to any person applying for registration 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, and will have resided in the town of Willie sixty days before the next annual town election; that you are twenty-one years old and have paid all taxes due to the town of Willie, and that you have made all returns required of you by the ordinances of said town, so help you God. Upon which said clerk shall register the name, age and occupation of said person; and clerk shall, on the day of each election furnish the election managers a list of the registered voters of said town certified by him as such official. Registration of voters. Oath of voter. SEC. 9. Be it further enacted by the authority aforesaid, That any person voting at an election of said town who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor and upon the conviction thereof shall be punished as prescribed in the Penal Code of said State. Illegal voting. SEC. 10. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of

Page 975

mayor and council unless he has reached the age of twenty-one years, a citizen of the United States and of the State of Georgia, and shall have resided in the town of Willie at least six months prior to his election. Eligibility of mayor or councilman. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the authority to elect a marshal and also a clerk and treasurer and prescribe the duties of each; to fix their salaries and require of them such bond as they may deem necessary. Marshal, clerk and treasurer. SEC. 12. Be it further enacted by the authority aforesaid, That officers elected in said town of Willie at each annual election shall enter upon the discharge of their duties on the first day of January, next succeeding and shall continue the discharge of their duties of said position until their successors are elected and qualified. Term of office. SEC. 13. Be it further enacted by the authority aforesaid, That any vacancy that may occur from any cause in the office of mayor and councilmen shall be filled by the election by the remaining members of the council and the mayor, or by the council in case the vacancy be in the office of mayor, said election to be made from the citizens of the town of Willie, who are eligible to the office under the terms of this charter. Vacancy how filled. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of the town of Willie 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. 15. 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; to have the enforcement of all powers herein granted; provided, they are not repugnant to the Constitution and laws of the State of Georgia or the United States. Ordinances for general welfare.

Page 976

SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power to levy a tax not to exceed three mills on all property, real or personal, subject to taxation by the laws of the State of Georgia within the corporate limits of said town, for the purpose of paying the expense of said town government; they shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fees as such mayor and council may prescribe. Tax ad valorem. Road tax or work. SEC. 17. Be it further enacted by the authority aforesaid, That whenever anything for which State license is required shall be done within said town, the mayor and council may require a town license therefor, and may impose a tax thereon for the use of said town. They have the power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town, and shall also have the power to tax any person operating any kind of business, mercantile or otherwise, in [Illegible Text] to the ad valorem tax provided for by law; they shall have also the power to tax all shows taxable by the State which may exhibit within said town and said mayor and council shall have the power to pass all ordinances to carry into effect the provisions of this section, and shall have power, if they see proper, to prohibit any of the things named in this section by proper order. Licenses and taxation of businesses. SEC. 18. Be it further enacted by the authority aforesaid, That there shall be a lien upon all personal property and real estate within said town for all taxes assessed thereon and for all fines or penal ties which may be assessed or imposed upon the owners thereof by the authority of said town, from time to time, which shall have power 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 State and county

Page 977

taxes, or in such other manner as the mayor and council, by ordinance may prescribe. Lien of taxes. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide for the arrest, trial and punishment of the offenders against any ordinance, by-laws or regulations of said town, by fine, imprisonment or work on the streets of said town, or may impose either one or all of said punishment. Provided, said fine shall not exceed the sum of twenty-five dollars and said imprisonment or time of labor shall not exceed twenty-five days. Arrest, trial and punishment of offenders. SEC. 20. Be it further enacted by the authority aforesaid, That the 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 power of the mayor when from any cause the mayor elect cannot be present to perform the duties of said office. Mayor pro tem. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution issued by the mayor, executed by the marshal thereof. Execution for taxes, etc. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor shall have the power to try, sentence and punish all offenders against the laws of said State, to compel the attendance of witnesses, and to administer oath, to admit any offender to bail or commit him to the guard house or county jail. Powers of mayor. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer thereof; he shall see that all orders, by-laws, ordinances, acts and resolutions of the mayor and council are faithfully executed; he shall be an ex-officio justice of the peace in reference to the penal laws of said State; he may appoint a special police when he may deem it necessary, of

Page 978

whom he shall have full control; he shall have power to issue all executions, penalties and cost imposed by him as well as executions for taxes due after the time has expired that they shall be paid. Duties of mayor. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right to provide for the annual return of property, both real and personal, for taxes by the citizens and tax payers of said town, and shall have the right to supervise all the returns thus made and fix a just valuation upon all such property subject to taxation in said town; and to revise and correct said return. Return of property for taxation. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to issue bonds for public improvements of said town, subject to the limitations and regulations in such cases provided by the Constitution and laws of the State of Georgia. Bond issues for public improvements. SEC. 26. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to eminent domain to condemn property and to lay out streets, alleys and public highways within the corporate limits of said town of Willie and for the improvements of streets and the erection of sidewalks. Eminent domain. SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1915.

Page 979

TITLE II. MISCELLANEOUS CORPORATIONS. ACTS. Mineral Bluff School District Trustees Incorporated. Oconee Hill Cemetery Trustees, Powers Increased. [Illegible Text] Mutual Live Stock Association's Charter Revoked. Savannah and Ogeechee Canal Company Dissolved. Savannah Bank and Trust Company's Charter Amended. MINERAL BLUFF SCHOOL DISTRICT TRUSTEES INCORPORATED. No. 230. An Act to incorporate the Mineral Bluff School District, in Fannin County; to define the boundaries of the same; to regulate the management of the school in said Mineral Bluff School District; to provide revenue for said school; to provide for the election of five trustees, and to confer on them certain powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the management and control of all schools in said Mineral Bluff School District shall be vested in five trustees, who are hereby constituted a body corporate, under the name and style of the Trustees of the Mineral Bluff School District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to themselves and their successors in office for school purposes, any estate or estates, real or personal, of whatever

Page 980

kind or name, within the jurisdictional limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Five trustees incorporated. Powers. SEC. 2. Be it further enacted, That the corporate limits of said district shall include land lots numbers 234, 199, 198, 163, 162, 127, 126, 128, 161, 164, 197, 200, 233, 232, 201, 196, 165, 160, 129, 130, 131, 158, 167, 194, 203, 230, 239, 159, 166, 195, 202, 231, 238, small portion of north part of 266, half of north part of 265, all of 240, 229, all of 228, except a small strip lying northwest of public road; all of 241, except a small strip lying northwest of public road, and about two-thirds of the northeast corner of lot number 264; the boundaries of lots and parts of lots numbers 228, 229, 241, 240, 239, 266, 265, and 264, is as follows: Commencing at the southwest corner of lot number 238, and running a straight line to a stake or sign on the L. N. R. R. at the public road crossing just south of the Cox cut; thence with the meanderings of said public roads in a north direction to the southwest corner of lot number 205, all the school district being in the 8th District and 2d Section. Territory [Illegible Text]. SEC. 3. Be it further enacted, That N. R. Thomas, R. L. Turner, Monroe Farmer, Louis C. Cochran and W. T. S. Dickey, shall be and are hereby constituted the board of trustees to carry into effect the provisions of this Act, until a regular election for members of said school board, which election shall be held on the first Saturday in September, 1916, and at said time every other year thereafter. At said first election two trustees shall be elected to serve for a term of four years, and three trustees elected for two years. The board of trustees shall fill all vacancies. Trustees named SEC. 4. Be it further enacted, That said board of trustees shall organize by electing a president, secretary and treasurer from their own number and no member shall receive compensation for his services except the secretary-treasurer who may, by a unanimous vote of the board of trustees be paid a reasonable compensation. The treasurer shall give a good and sufficient bond. Organization and officers.

Page 981

SEC. 5. Be it further enacted by the authority aforesaid, That as early as practicable after the ratification of this Act and by the 4th Saturday in June in each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the scholastic year and the said board through their officer be required to levy the same; provided, said amount does not exceed one-fourth of one per cent. of the taxable property of said school district, which levy shall be made out from year to year and placed in the hands of the county tax collector who is hereby empowered and required to collect said school tax at the same time he collects the State and county taxes and turn same over to the treasurer of said board of trustees. The usual per cent. paid by the county shall be paid the tax collector for collecting said school tax. Estimate and tax levy. SEC. 6. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as election of mayor and councilmen of the town of Mineral Bluff, Ga., and the legally qualified voters only of said school district will be allowed to vote in said ratification. At said election those favoring public schools shall have printed or written on their ballots For legal taxation for public schools, and those opposed to public schools shall have printed or written on their ballots, Against legal taxation for public schools, and if two-thirds of the qualified voters of said district in said election be for legal taxation for public schools, this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees of said district may order another election once every six months thereafter until public schools are adopted. This Act to be submitted to popular vote. SEC. 7. Be it further enacted by the authority aforesaid,

Page 982

That the election for trustees shall be held under the same rules and regulations as election for mayor and councilmen of town of Mineral Bluff, and the legally qualified voters only of said school district will be allowed to vote. Election of trustees. SEC. 8. Be it further enacted, That said board of trustees shall have power to design and adopt a system of schools for said district; to elect a superintendent and employ teachers for the same; to suspend or remove teachers or superintendent; to fix their compensations; to provide school houses by rent, building, purchase, or otherwise; to make and hold titles to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper; to fix and collect a rate of tuition, and to do any and all things promotive of the best educational interest of said district, not in conflict with the provisions of this Act or the laws of this State. School system, powers as to. SEC. 9. Be it further enacted, That as soon as practicable after their election and qualifying, the board of trustees shall order a census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the trustees of said Mineral Bluff School District, from time to time, a pro rata part of the public school fund, according to said school population, in same manner as paid to the county school boards all over the State. Census. State school fund. SEC. 10. Be it further enacted, That the school of said Mineral Bluff District shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. County board has no control. SEC. 11. Be it further enacted, That in case any school property acquired by said board of trustees under any provision of this Act, or otherwise, be sold, the funds derived from such sale shall be reinvested in other property to be used for school purposes. Sale and re investment.

Page 983

SEC. 12. Be it further enacted by the authority aforesaid, That the board of trustees shall annually make a report to the public in writing of the condition of said schools, and shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports annual. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1915. OCONEE HILL CEMETERY TRUSTEES, POWERS INCREASED. No. 44. An Act to amend an Act entitled An Act to incorporate the trustees of the Oconee Hill Cemetery and to confirm the title to lots therein, approved December 7, 1860, so as to authorize and empower the trustees of Oconee Hill Cemetery to receive and hold in trust such property or money as may be conveyed to them to be used in the preservation and care of Oconee Hill Cemetery and lots of private owners therein; to confer additional powers upon said trustees, 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 any person or persons may convey to the trustees of Oconee Hill Cemetery any money or property to be held by such trustees in trust, the corpus or increase thereof to be expended as directed by such conveyance in the improvement or the preservation and care of such cemetery or of the burial lots of private owners thereof, and such trustees shall receive and hold such property and execute such trusts

Page 984

according to the terms thereof, as other trusts are executed under the laws of this State. Conveyance of property, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the trustees of Oconee Hill Cemetery may make rules and regulations in reference to the investment and disbursement of property and funds which may be conveyed to them under the authority of [Illegible Text] Act, not inconsistent with the terms of the conveyance in any particular case. Said trustees may by rules or regulation provide what officer of said trustees or what agency selected by said trustees, shall hold and administer the property and funds under the direction of the trustees. Rules and regulations. SEC. 3. Be it further enacted by the authority aforesaid, That said trustees may provide reasonable compensation, to be paid out of the respective funds in their hands, for the officer or agency administering the trust in each case, provided, that such compensation shall not exceed the compensation allowed by law to trustees and shal not exceed the amount provided in the conveyance in any particular case where the matter of compensation is dealt with in the conveyance. Compensation for administering trust. SEC. 4. Be it further enacted by the authority aforesaid, That said trustees shall at least every five years file a report with the ordinary of Clarke County, Georgia, showing the total amount received under each conveyance, the total amount of income received, and the total amount of expenditures made by the trustees during the period covered by the report, and the ordinary of said county shall record such report in the book in which returns of trustees are recorded, and shall be paid for his services and fees paid by trustees for similar services. Reports to ordinary. SEC. 5. Be it further enacted by the authority aforesaid, That the trustees may make all needful and reasonable rules and regulations in reference to the care and preservation of the cemetery and the lots of private owners thereof, and the same shall be binding on owners of lots. Care of cemetery lots.

Page 985

SEC. 6. Be it further enacted by the authority aforesaid, That the mayor of the city of Athens, or the officer of said city who performs the functions of mayor, shall be during his term of office ex-officio a member of said board of trustees, with all of the rights and powers of the other members. Mayor of Athens a member ex-officio. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1915. PIEDMONT MUTUAL LIVE STOCK ASSOCIATION'S CHARTER REVOKED. No. 261. An Act to revoke the charter of Piedmont Mutual Live Stock Association, granted in pursuance of an Act of General Assembly of Georgia, approved Dec. 18, 1893, and Acts amendatory thereof, said charter granted by Hon. Philip Cook, Secretary of State, June 22, 1909, and for other purposes. Whereas, the Piedmont Mutual Live Stock Association of Lavonia, Ga., was granted a charter by Hon. Philip Cook, Secretary of State, on June 22, 1909, and Whereas, said corporation has ceased to do business for the past three years, owes no debts and has no assets, therefore Preamble. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That said charter of the Piedmont Mutual Live Stock Association as granted by Hon. Philip Cook, Secretary of State, on June 22, 1909, in pursuance of an Act of the General Assembly of the State of Georgia, approved Dec.

Page 986

18, 1893, and Acts amendatory thereof, be and the same is hereby revoked. Charter revoked. 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 16, 1915. SAVANNAH AND OGEECHEE CANAL COMPANY DISSOLVED. No. 201. An Act to provide for the dissolution of Savannah and Ogeechee Canal Company, and the distribution of its property, and for other purposes. Whereas, on October 10, 1914, there was executed a certain agreement between Central of Georgia Railway Company and the mayor and aldermen of the city of Savannah, providing, among other things, for the surrender of the charter and franchises and the dissolution of the Savannah and Ogeechee Canal Company, all of whose capital stock is owned by Central of Georgia Railway Company, which agreement is set out in full on the minutes of the mayor and aldermen of the city of Savannah in council assembled September 2, 1914, and is of file in the office of the clerk of council, and Preamble. Whereas, in pursuance of proper corporate action, Savannah and Ogeechee Canal Company has presented to the General Assembly its surrender of its charter and franchises and prayed for the acceptance thereof, and the dissolution of the corporation and the distribution of its property as set forth in the said agreement of October 10, 1914: SECTION 1. Now, therefore, be it enacted by the General Assembly of Georgia, the surrender of the charter and franchises

Page 987

of Savannah and Ogeechee Canal Company is hereby accepted and said corporation is hereby dissolved. The title to its franchises, lands and other property, real, personal and mixed, of whatsoever nature and kind, and wheresoever situated, is hereby vested in the mayor and aldermen of the city of Savannah and in Central of Georgia Railway Company, respectively, their successors and assigns, as set forth in and by said agreement of October 10, 1914, or any amendments or modifications thereof which may be mutually agreed upon by the mayor and aldermen of the city of Savannah and Central of Georgia Railroad Company. Surrender of charter accepted and corporation dissolved. Title to property, etc. SEC. 2. Be it further enacted, That if, notwithstanding the representation that there are no creditors of said canal company, there should prove to be such creditors, they shall be entitled to follow the property and assets of said canal company into the hands of the parties in whom said property is hereby vested, their successors and assigns, with the same rights as against such property as they would have had if the dissolution herein provided for had not been effected. Creditors. SEC. 3. Be it further enacted, That notwithstanding the dissolution herein provided for, the officers of Savannah and Ogeechee Canal Company who shall hold their office on the date of the approval of this Act are fully authorized and empowered at any time within 3 months from the date of this Act to execute and deliver on behalf of such canal company all deeds, conveyances, assignments, transfers and other instruments which may be necessary or convenient to the carrying out of the said agreement of October 10, 1914, with the same effect as if said canal company had not been dissolved; but nothing herein contained shall be so construed as to require such action to effectuate the passing of title herein provided for. Officers empowered for three months. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1915.

Page 988

SAVANNAH BANK AND TRUST COMPANY'S CHARTER AMENDED. No. 259. An Act to amend the charter [Illegible Text] the Savannah Bank and Trust Company. WHEREAS, the Savannah Bank and Trust Company was incorporated by an Act of the General Assembly of the State of Georgia, entitled An Act to incorporate the Savannah Bank and Trust Company of Savannah, approved March 4th, 1869, which charter, with the then existing amendments, was renewed by a petition to the Secretary of State duly filed, upon which a certificate of renewal was issued in conformity with the law, and Preamble. WHEREAS, the charter of the Savannah Bank and Trust Company has been amended by a petition filed in the office of the Secretary of State and a certificate issued thereon as provided by law whereby the said Savannah Bank and Trust Company has become, and now is, vested by law with all of the rights, powers and privileges subject to the restrictions conferred, defined and limited by Section Two of Article Eight, Chapter Two, second title of the present Code of Georgia, otherwise known as Paragraph 2817 of Volume 1 of the present Code of Georgia: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of the State of Georgia, entitled An Act to incorporate the Savannah Bank and Trust Company of Savannah, approved March 4, 1869, be amended by striking therefrom Section 10, which reads as follows: Act of 1869 amended. SEC. 10. Be it enacted by the authority aforesaid, That all special trusts for permanent investment shall only be invested by them in bonds of the United States, or bonds of the State of Georgia, or bonds endorsed or guaranteed by the State of Georgia, or in bonds or stocks of State, citizens

Page 989

or companies, whose bonds or stocks at the time of such investment, shall in the market be at par or over, which Section 10 of said Act is hereby repealed. Section 10 repealed. SEC. 2. Be it further enacted by authority aforesaid, That the Act of the General Assembly of the State of Georgia, entitled An Act to incorporate the Savannah Bank and Trust Company of Savannah, approved March 4, 1869, be amended by striking therefrom Section 11, which reads as follows: SEC. 11. The said `Savannah Bank and Trust Company' shall make annually to the Governor of the State, a correct and sworn statement of their affairs, which Section 11 of said Act is hereby repealed but the said Savannah Bank and Trust Company is not relieved from the necessity of making such returns from time to time as may be prescribed by the laws of the State of Georgia. Section 11 repealed. Returns to be made. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1915.

Page 991

PART IV.RESOLUTIONS

Page 993

RESOLUTIONS. Adjusting Differences in Accounts of Treasurer and Comptroller. Appropriation for Governor's Mansion Repairs. Appropriation for Pension of James I. Jacobs. Authorizing Governor to Borrow Money for Deficiencies. Authorizing Transfer of Land in Bulloch County. Code (Park's Annotated), Appointment of Committee to Report on. Endorsing Stand of the President in Defense of American Rights. Investigation of Georgia School for the Deaf. Committee for. Invitation to Sovereign Camp of the Woodmen of the World. Madison City Officers Authorized to Convey Court-House Square. Memorializing Congress to Pass Rural Credit System Bill. Memorializing Congress to Repeal National Bankruptcy Law. Rellef of J. L. Shelton, D. F. Chapman, and J. H. Peterman. State Librarian Authorized to Deliver Certain Books to U. S. Court. State Librarian Directed to Furnish Books to Webster County. Unfinished Business of General Assembly, [Illegible Text] of Statement of. Unfinished Business, President, Speaker, and Others Remain for. Unfinished Business Shall Retain Same Position on Calendar. ADJUSTING DIFFERENCES IN ACCOUNTS. No. 9. A resolution adjusting the differences between the accounts in the State Treasurer's office and the office of the Comptroller-General, arising by reason of the Act of August 16, 1913, amending Act of August 19, 1912, failing to provide that warrants of Commissioner of Agriculture drawn on State Treasurer for salaries and expenses under said Act be credited to the State Treasurer by the Comptroller-General of the State. Preamble. WHEREAS, the Act of the Legislature approved August 19, 1912, amending Section 1795 of Volume 1 of the Code of 1910, as amended by Act of the Legislature, approved August 16, 1913, providing that all money received by the Commissioner of Agriculture from the sale of fertilizer tags and inspection of fertilizers be paid into the State Treasury:

Page 994

WHEREAS, said law provides that the Commissioner of Agriculture shall draw warrant upon the Treasury against said fund from time to time for the expenses and salaries of inspectors for tags and bottles used in making such inspections and materials used in recording same and for bulletins, sending out bulletins pertaining to fertilizers, and, WHEREAS, said law provides that the State Treasurer shall honor all warrants drawn by the Commissioner of Agriculture for salaries and expenses above mentioned, and WHEREAS, by reason of the operation of said law there is a difference existing between the Treasurer's accounts and the accounts in the office of the Comptroller-General, because the law fails to provide that such warrants, issued by the Commissioner of Agriculture and paid as directed by said Act by the Treasurer of the State, shall be approved by the Comptroller-General, therefore, Be it resolved by the House of Representatives, the Senate concurring, the Comptroller-General is hereby directed to credit the State Treasurer with the amounts paid out upon the warrants drawn by the Commissioner of Agriculture, in compliance with said Act as amended. Credit of warrants paid. Approved August 9, 1915. APPROPRIATION FOR GOVERNOR'S MANSION REPAIRS. No. 8. A resolution making an appropriation for putting the Governor's Mansion in condition for occupation. Resolved, by the House of Representatives, the Senate concurring, that the sum of one thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to purchase new furniture, screens, repair plumbing, clear up and put in sanitary condition, the

Page 995

Governor's Mansion for occupation by the Governor and family. $1,000. The amount shall be immediately available and shall be paid out on the warrant of the Governor as the work is done, or articles furnished. Available at once. Approved August 5, 1915. APPROPRIATION FOR PENSION OF JAMES I. JACOBS. No. 17. WHEREAS, Jas. I. Jacobs, of the county of Monroe, made and filed his application for an indigent pension in the office of the Commissioner of Pensions on Sept. 30th, 1909. The same was passed on by the Commissioner on Nov. 1st, 1909, and returned to the ordinary of Monroe County for an amendment, which amendment was made and refiled in the pension office Nov. 30th, 1909. On the 16th March, 1910, the application was disapproved, for the reason that the record furnished of his services as a Confederate soldier, from the War Department, showed that he had been captured and took the oath of allegiance to the United States at Point Lookout, Md., on the 25th Dec., 1864 (which made him a deserter). Subsequently, a re-examination was requested of the War Department to be made of the record, which was done on the 17th July, 1911, which showed that the date on which Jas. I. Jacobs took the oath of allegiance was on June 14th, 1865, after the war had ended and not on Dec. 25th, 1864, as was first certified in the record. This date was before the war ended and made him a deserter. And Preamble. WHEREAS, when this correct record had been obtained and filed with the Commissioner of Pensions, he set aside his order of disapproval and on the 19th July, 1911, approved his application and paid his pension for 1911; and

Page 996

WHEREAS, by the action of the War Department in furnishing the Commissioner of Pensions an incorrect record on the 14th March, 1910, he was unjustly deprived of his pension for the year 1910, to which he was justly entitled: Be it therefore resolved, that the sum of sixty dollars be and is hereby appropriated to pay Jas. I. Jacobs, of Monroe County his pension for the year 1910, and that the Governor is hereby authorized to draw his warrant on the Treasurer of the State in favor of Jas. I. Jacobs for sixty dollars to be paid out of any funds in the Treasury. $60 for 1910. Approved August 16, 1915. AUTHORIZING BORROWING FOR DEFICIENCIES. No. 14. A resolution authorizing the Governor to borrow money to supply deficiencies upon reasonable terms. Be it resolved by the Senate, the House of Representatives concurring, that should it become necessary at any time during the years 1916 and 1917, to supply deficiencies in revenue, the Governor shall be and he is hereby authorized to borrow on the best and most reasonable terms he can, a sum of money, not to exceed five hundred thousand dollars, sufficient to supply deficiencies in such years within the terms of the Constitution, and the money borrowed shall be for the purpose specified and no other. $500,000 may be borrowed. Approved August 13, 1915.

Page 997

AUTHORIZING TRANSFER OF LAND IN BULLOCH COUNTY. No. 199. A resolution to authorize the sale and transfer of fifty acres of land situated in Bulloch County, Georgia, now owned and possessed by the State of Georgia for the benefit of the First District Agricultural and Mechanical School near Statesboro, Georgia, and to provide for the disposition of proceeds of sale, etc. Preamble. WHEREAS, The State of Georgia is now seized and possessed of title to a certain fifty acres of land lying, situated and being in the 1209th District, G. M., Bulloch County, being a part of the lands originally acquired and held for the benefit of the First District Agricultural and Mechanical School, and being a part of that portion of said lands lying nearest to the city of Statesboro; and WHEREAS, Said fifty acres of land is that much in excess of the requirements of the Act approved August 18th, 1906, as to the aggregate number of acres of land to be acquired and held for the benefit of each such schools; and WHEREAS, The board of trustees charged with the duty of administering the affairs of said school have by resolution duly adopted at a meeting of said board held on June 9th, 1915, deemed said fifty acres of land to be in excess of the requirements for and use and occupation of said school and the pupils thereof and that it is to the advantage of said school that said fifty acres be sold at not less than one hundred dollars per acre and the proceeds applied to other needs and purposes of the school, Therefore, Be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of the same, That the board of trustees of the First District Agricultural and Mechanical School are authorized to sell and dispose of, either at public or private sale, and as a whole or in parcels, as they may deem best, that certain fifty acres of land

Page 998

in the 1209th District, G. M., Bulloch County, Georgia, being the fifty acres lying nearest to the city of Statesboro of the lands originally acquired and held for the benefit of said school; provided, that the same shall not be sold for less than the sum of one hundred dollars per acre; and, the chairman of said board of trustees of said First District Agricultural and Mechanical School is hereby authorized and empowered to make and execute to the purchaser or purchasers thereof, deed or deeds conveying fee simple title to the parcel or parcels sold, the same to be minutely described in said deeds as needs be, and to receive from such purchaser or purchasers the purchase price thereof. Said deed of conveyance so executed and signed being sufficient, without more to invest such purchasers, their heirs and assigns with the fee simple title to said land. Trustees of Agricultural School authorized to sell land. Be it further resolved, That the proceeds of said sale or sales shall be received and used by said board of trustees for the benefit, use and purposes of said First District Agricultural and Mechanical School in such manner as they may deem best. Proceeds of sale. Approved August 16, 1915. CODE (PARK'S ANNOTATED), COMMITTEE ON. No. 7. WHEREAS, The present Code of 1910 of this State is not as complete as it should be, and is not annotated nor properly indexed; and for these reasons, and whereas the Park Code is now in preparation and being published; and whereas, with a view of having the said Park Code adopted and purchased by the State as the official Code of the State, Preamble Therefore, Be it resolved by the Senate, the House concurring, That a joint committee of the House and Senate, composed of three members from the Senate and five from

Page 999

the House, be appointed by the President of the Senate and the Speaker of the House, for the purpose of considering and reporting to the General Assembly the advisability of adopting and purchasing, as the official Code of the State, the Code known as the Park Code. Committee to report. Approved August 5, 1915. ENDORSING STAND OF THE PRESIDENT. No. 2. Resolved by the Senate, the House concurring, That we heartily endorse the stand of the great President of our country in his defense of American rights, and also the splendid administration which he and his associates have given the people. Administration endorsed. Approved July 12, 1915. INVESTIGATION OF SCHOOL FOR THE DEAF. No. 10. WHEREAS, The board of trustees of the Georgia School for the Deaf in their annual report, dated December 31st, 1914, made the following suggestions and recommendations: The fact frequently has been called to our attention, during the past year, that north Georgia has no school for the training and education of young women along normal industrial lines; that a great and growing need exists for such a normal and industrial college in northwest Georgia, and that the State's property at Cave Spring is ideally adapted to such a purpose. That frequency and urgency of these suggestions has caused your board to give the matter consideration and to recommend that it be strongly

Page 1000

brought before the Legislature, with the idea of turning over the present plant of the Deaf School at Cave Spring to the purposes above referred to, and removing the great and humanitarian work for the deaf children to a point near the geographical center of the State. Such a change carries certain advantages to the deaf children, as well as to the more fortunate young women of northwest Georgia who desire industrial and normal training, and are unable to secure accommodations in the State's present institutions. There being only one school for the deaf in Georgia, pupils are gathered from all parts of the State. The distance to be traveled and the remoteness of Cave Spring from points in middle and southern Georgia, are, at times, a serious handicap in drawing from those sections their small deaf children. Preamble. And whereas the trustees of said institution, in a called meeting held in Atlanta, July 2d, 1915, again requested that these suggestions and recommendations be inquired into and an investigation be had: Therefore be it Resolved by the House, the Senate concurring, That a committee of nine from the House and three from the Senate, being one from each Congressional District, be appointed to make a full investigation of the Georgia School for the Deaf now located at Cave Spring, Georgia, and make such recommendations to the General Assembly as it may deem just and proper, and especially to report upon the following: Joint committee to investigate. 1st. The value of the property now located at Cave Spring. Matters for report. 2d. Its desirability and suitability for a normal and industrial school for girls. 3d. The feasibility and advisability of establishing a normal and industrial school for girls on the property now owned by the State at Cave Spring and the cost of the same. 4th. The advisability of removing the school for the deaf from Cave Spring to some point more centrally located and more accessible.

Page 1001

5th. The cost of such removal. 6th. The time which it will take to perfect the removal should one be deemed necessary. 7th. The probability of securing donations of a location and of money and other property which could be used in the event the school should be removed. Approved August 9, 1915. INVITATION TO SOVEREIGN CAMP OF THE WOODMEN OF THE WORLD. No. 3. WHEREAS, The Sovereign Camp of the Woodmen of the World convenes in St. Paul, Minn., within the next few days, and Preamble. WHEREAS, The Atlanta and Georgia members of the Woodmen of the World have been co-operating with the Atlanta Convention Bureau in their efforts to have Atlanta named as the next convention city of the Sovereign Camp of the Woodmen of the World, Resolved by the Senate of Georgia, the House of Representatives concurring, That a most earnest and cordial invitation is hereby extended to the Sovereign Camp of the Woodmen of the World, next convening in the city of St. Paul, Minn., to select the capital of our State, the city of Atlanta, as the place for the holding of their convention for the year 1916. Invitation extended. Be it further resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to Hon. Fred Houser, Secretary of the Atlanta Convention Bureau for presentation to said Sovereign Camp of Woodmen of the World. Approved July 27, 1915.

Page 1002

MADISON CITY OFFICERS AUTHORIZED TO CONVEY COURT HOUSE SQUARE. No. 1. A resolution to authorize the mayor and city council of Madison to sell and convey to the United States the old court house square in the city of Madison, and to authorize and empower the county commissioners of the county of Morgan and the trustees of the Eighth District School of Agriculture and Mechanic Arts to execute such release and assurances of title to said United States or take such other action as shall conform and ratify said sale and conveyance and perfect the title of said United States thereto in fee simple, without limitation or encumbrance; and further to authorize the consent to condemnation of the property upon conditions herein stated. WHEREAS, In or about the year 1809 the Justices of the Inferior Court of Morgan County, acting by authority of law, purchased a certain square for the erection of a court house, and did erect a court house thereon and maintain the same for many years; and, whereas, afterwards, the county authorities of Morgan County, in or about the year 1907, having previously erected a new court house in a different part of the city of Madison, sold or conveyed or undertook to sell and convey, said old court house site, which afterwards, by means of several conveyances, passed into the mayor and city council of Madison, and became the property of said city, subject to certain conditions and limitations by said several conveyances reserved and established, respecting the interest of said School of Agriculture and Mechanic Arts, and with certain limitations as to the use thereof and the preservation thereon of a certain monument erected to one Benjamin Braswell; and, whereas, the mayor and city council of Madison have since contracted and agreed to sell said property to the United States, who desire to erect thereon a post office building; and, whereas, the said United States are unwilling to purchase

Page 1003

said property so long as the same is affected by any of said conditions, restrictions and limitations, and desire to acquire a fee simple title thereto as authorized by the Constitution of the United States, the General Assembly of Georgia do now enact and resolve that the said the mayor and city council of Madison be and they are hereby authorized and empowered to sell and convey said property to the United States at and for the sum of five thousand dollars ($5,000.00); and the county commissioners of the county of Morgan and the trustees of the said the Eighth District School of Agriculture and Mechanic Arts are authorized and empowered to take such action and execute such instruments as shall confirm said title in fee simple free from any and all conditions or limitations whatsoever, either in favor of the county of Morgan, the said School of Agriculture and Mechanic Arts, or the State of Georgia, and to release and relinquish any and all claim thereto that shall or may in any wise whatsoever encumber or affect the title of said proposed purchaser. Preamble. Mayor and city council authorized to sell and convey to United States. Be it further resolved, That the State of Georgia will and does hereby consent and agree, that if it should become necessary so to do, and if the mayor and city council of Madison and the county of Morgan so agree, the United States may, in pursuance of their own statutes, proceed to condemn said property and acquire the same by condemnation proceedings as in the case of the condemnation of lands belonging to any private person; provided, however, that the county commissioners of the county of Morgan and the mayor and city council of Madison shall each severally, by resolution, indicate their respective consents to said condemnation proceedings before this consent on the part of the State of Georgia takes effect and becomes operative. Consent to condemnation. Proviso. Be it further enacted and resolved, That nothing in this resolution contained shall be construed as depriving the State of Georgia of the jurisdiction retained by it over said property further than is already consented to in the General Acts of the State of Georgia heretofore passed and applicable in other cases where the United States have purchased

Page 1004

or acquired lands, as authorized by the Constitution of the United States, for the erection of forts, magazines, arsenals, dock yards or other needful buildings. Jurisdiction. Approved July 8, 1915. MEMORIAL AS TO RURAL CREDIT SYSTEM BILL. No. 5. A resolution memorializing Congress to pass rural credit system bill. WHEREAS, We believe that the citizens of rural districts of Georgia will be greatly benefited by the passage of any legislation that would enable them to get cheaper money, and Preamble. WHEREAS, We believe that by the enactment into a law, a bill known as the Rural Credit System Bill, which was pending in the National House of Representatives during its last session would accomplish this end, Therefore, Be it resolved by the House of Representatives of Georgia, the Senate concurring, that we memorialize our National House of Representatives to pass said bill at its next session as speedily as possible. Passage of bill asked. Resolved, further, That a copy of this resolution be sent to the Speaker of the House and the President of the Senate of our National Congress. Approved August 12, 1915. MEMORIAL FOR REPEAL OF BANKRUPTCY LAW. No. 11. A resolution: Be it enacted by the Senate of the State of Georgia, the House concurring:

Page 1005

WHEREAS, Congress did on July 1st, 1898, pass a law entitled an Act to establish a uniform system of bankruptcy throughout the United States, and Preamble. WHEREAS, The conditions of business affairs under which such Act was passed have changed, and WHEREAS, Said law has ceased to be of public benefit and has become a serious menace to honest business, so that great injustice has been done to both creditors and debtors, and WHEREAS, Statistics show that in some districts the expense of administering said law have amounted to as high as sixty-five per cent of the debtors' assets, and WHEREAS, The law as at present administered furnish a large and fertile field for shysters, they preying upon the effects of the unfortunate people, and WHEREAS, The business conditions of the present times and the public good demand the repeal of said law, Therefore, Be it resolved by the Senate, the House concurring, That we respectfully petition our Senators and Representatives in Congress to present these resolutions to the Senate and House of Representatives and earnestly praying that they repeal the said bankruptcy law. Repeal of law asked. Resolved, further, That a copy of these resolutions be sent to each of our Senators and Representatives from Georgia. Approved August 12, 1915. RELIEF OF J. L. SHELTON, D. F. CHAPMAN, AND J. H. PETERMAN. No. 12. A resolution for the relief of J. L. Shelton, of Coffee County, Georgia, and D. F. Chapman and J. H. Peterman,

Page 1006

of Taylor County, Georgia, securities on a bond of J. E. Lane, forfeited in the superior court of Taylor County, Georgia, and a rule absolute issued thereon at the April term, 1914. WHEREAS, J. E. Lane was indicted by the Grand Jury of Taylor County for the offense of embezzlement; and Preamble. WHEREAS, The bond in said case was two hundred dollars ($200.00), and was signed by J. L. Shelton, of Coffee County, and D. F. Chapman and J. H. Peterman, of Taylor County, as securities for the said J. E. Lane; and WHEREAS, The said bond was forfeited at the January special term, 1914, of the superior court of Taylor County and scire facias was served upon securities; and WHEREAS, A rule absolute and final judgment was issued and entered upon said bond at the April term, 1914, of Taylor superior court; and WHEREAS, Since the entering of the judgment on the rule absolute, the securities aforesaid did secure a requisition for the said J. E. Lane from the State of North Carolina and have turned over and surrendered to the sheriff of Taylor County the person of J. E. Lane and he was on the 7th day of July, 1914, left in the custody of the sheriff of Taylor County, therefore Be it resolved by the House of Representatives, the Senate concurring, that the clerk of Taylor superior court and the sheriff of Taylor County be and they are now directed to surrender up and cancel the execution issued upon the above bond, forfeiture upon the payment by J. L. Shelton, D. F. Chapman, and J. H. Peterman of all costs accruing by reason of said forfeiture. Execution to be cancelled. Approved August 12, 1915.

Page 1007

STATE LIBRARY BOOKS TO U. S. COURT. No. 6. WHEREAS, A district court of the United States for the Southern District of Georgia, having its seat at Savannah, Georgia, is required in the administration of the laws governing the causes determined in said court to give effect to the laws of this State, as construed by the Supreme Court thereof; Preamble. Be it therefore resolved, by the Senate and the House of Representatives of Georgia, in General Assembly met, and each concurring, that the State Librarian be and he is hereby authorized to deliver to the clerk of the District Court of the United States for the use of such court, at Savannah, Ga., a copy of such Georgia Reports, a copy of the Code and the Acts of the General Assembly since the adoption of the Code published by this State, as there may be in the State Library not otherwise specially appropriated or now in use, and that upon the issue of each subsequent volume of said reports or acts, a copy thereof be forwarded to the clerk of said court for the use of said court as aforesaid. State librarian to deliver Code, Acts and Reports. Approved August 5, 1915. STATE LIBRARY BOOKS TO WEBSTER COUNTY. No. 4. WHEREAS, The Court House of Webster County was destroyed by fire on the 28th day of September, 1914, and all books, including Codes, Georgia Reports, Court of Appeals, Reports and Acts of Legislature, in the office of the ordinary and clerk of the superior court, were thus consumed, Preamble. Be it, therefore, resolved, by the General Assembly of Georgia, that the State Librarian be, and she is hereby directed

Page 1008

to furnish to the ordinary and clerk of the superior court of Webster County out of the stock now on hand, complete sets of the Codes of Georgia, Georgia Reports, Court of Appeals, Reports and Acts of Legislature. State librarian to furnish Codes, Reports and Acts. Approved August 2, 1915. UNFINISHED BUSINESS OF GENERAL ASSEMBLY, MAILING STATEMENT OF. No. 15. Resolved by the Senate, the House concurring, that Devereaux F. McClatchey, Secretary of the Senate, and Jno. T. Boifeuillet, Clerk of the House, be instructed to prepare, publish and mail to each member of the General Assembly, a statement showing the status of all unifinished business of this session at the time of its adjournment. Status of business. Approved August 13, 1915. UNFINISHED BUSINESS, PRESIDENT, SPEAKER, AND OTHERS REMAIN FOR. No. 16. Resolved by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment and that they be allowed their per diem for said time. President, speaker and clerks. Resolved, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the Senate Enrollment

Page 1009

Committee, and eight members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairman thereof, and the chairman of the House Engrossing Committee and four members of the House Engrossing Committee, to be designated by the chairman thereof, and the chairman and two members of the Senate Engrossing Committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the capitol five days after the adjourned General Assembly for the purpose of bringing up the unifinished business of the session, and that they be allowed their per diem for said time. Committee members. 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 members' mail, and that she be allowed her per diem for said time. Postmistress. 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. Porters. Approved August 16, 1915. UNFINISHED BUSINESS; POSITION ON CALENDAR. No. 13. Resolved by the House, the Senate concurring, that all bills, resolutions, etc., on the calendar and undisposed of at the adjournment of the present session of the General Assembly go over to the next regular session to convene in 1916, as unfinished business of the present session and shall retain the same position on the calendar which they occupy at the time of adjournment of this session. To session of 1916. Approved August 13, 1915.

Page 1011

TREASURER'S REPORT

Page 1012

Report of W. J. Speer, Treasurer, Showing Receipts and Disbursements at the State Treas- ury for Year Ending December 31,1914. RECEIPTS. Dr. 1914 Dr. 1913 TO BALANCE IN THE TREASURY, Jan. 1, 1914. 739,625.75 1,113,517.31 To Abstract Companies' Tax 72.00 54.00 To Adding Machine Companies 180.00 270.00 To Agencies 1,262.10 1,200.00 To Artists 1,849.91 1,953.00 To Auctioneers 1,238.02 909.00 To Automobile Agents 11,749.50 11,127.96 To Back Taxes 1,114.42 3,485.27 To Ball and Other Parks 112.50 191.91 To Bicycles 954.37 1,165.50 To Billiards and Pool 41,820.91 44,626.41 To Bottlers 4,985.12 5,425.20 To Building and Loan Fees 10.00 10.00 To Cash Registers 180.00 180.00 To Cigarette Dealers 35,230.73 33,685.81 To Clerks' Cost, Court of Appeals 1,431.25 562.50 To Clerks' Cost, Supreme Court 1,186.25 486.25 To Cold Storage Tax 4,653.00 5,499.00 To Corporation Tax (ad valorem) 82,242.96 69,558.22 To Cost on Fi Fas 60.50 5.50 To Detective Agents 81.00 90.00 To Directory Tax 90.00 45.00 To Dividends on Stocks 2,782.00 2,782.00 To Dog Tax 64,074.99 To Electric Shows 8,538.44 8,988.75 To Express Companies' Tax ,965.92 5,048.75 To Fees from Fertilizers 140,024.76 120,965.91 To Fees from Pure Food 16,371.55 27,137.62 To Games 1,247.17 1,228.50 To Game Protection Fund 20,217.91 38,362.98 To General Tax 3,298,747.23 3,716,862.33 To Insolvent General Tax 7,620.59 4,812.76 To Insolvent Poll Tax 370.21 200.21 To Insolvent Dog Tax 13.30 20.71 To Insurance Agents 16,582.50 17,752.50 To Insurance Fees 43,003.40 44,092.38 To Insurance Tax by Companies 188,161.12 182,057.94 To Interest from Depositories 11,596.88 8,656.07 To Investment Companies 100.00 150.00 To Lease, Indian Springs 110.00 110.00 To License Fees, Near Beer 222,550.00 247,410.00 To Lightning Rods 315.00 450.00 To Loan Agents 481.50 639.00 To Locker Tax 26,775.00 31,207.50 To Manufactures Soft Drinks 3,180.44 2,713.98 To Money Refunded 367.50 2,539.70 To Mowing Machine Agents 310.00 250.00 To Northeastern Railroad 110,745.00 3,745.00 To Occupation Tax (Capital) 96,863.82 53,182.96 To Office Fees 3,003.85 10,655.04 To Oil Fees 117,461.26 93,121.12 To Palmists 440.00 652.50 To Pawnbrokers 10,606.05 10,192.50 To Peddlers 8,910.44 14,482.75 To Pensions Refunded 19,495.60 18,085.80 To Pistols 7,876.02 9,382.50 To Poll Tax 273,155.90 347,319.43 To Railroad Tax 465,536.32 550,095.39 To Railroad News Companies 360.00 540.00 To Real Estate Agents 3,325.91 4,446.00 To Rental Public Property To Rental W. A. Railroad 420,012.00 420,012.00 To Rinks 40.50 121.50 To Sale of Acts 830.77 897.21 To Sale of Codes 681.45 922.20 To Sale of Journals To Sale of Records 23.55 56.25 To Sale of Court of Appeals Reports 2,905.50 3,846.88 To Sale of Supreme Court Reports 9,888.21 11,785.56

Page 1013

To Sale of Public Property To Sale of School Lands 366.50 To Sewing Machine Agents 2,898.00 2,758.00 To Sewing Machine Companies 1,500.00 1,280.00 To Show Tax 15,895.50 8,990.75 To Sleeping Car Companies 3,828.45 To Slot Machines 1,188.00 985.50 To Soda Fount Tax 5,827.61 6,777.84 To Specialists 198.00 207.00 To Street Railroad Tax 72,943.63 87,485.12 To Telegraph Tax 6,656.30 7,280.00 To Telephone Companies' Tax 34,799.88 36,224.15 To Temporary Loan 475,000.00 To Traders 45.00 To Typewriter Agents 450.00 540.00 To Weighing Scales 157.50 144.00 To Wild Lands Sale 7.20 5.46 To Inheritance Tax 6,066.40 To State Road Fund 90,903.20 To Sale of Crops 14,483.63 16,775.02 To Forest Reserve Tax 108.44 To Fortune Tellers' Tax 45.00 To Wild Land Tax 59.75 Total Receipts Year 1914 6,015,482.10 6,907,138.54 Aggregate, Including Balance $6,755,107.85 $8,020,655.85

Page 1014

Cr. Cr. DISBURSEMENTS. 1914 1913 By Academy for Blind 30,000.00 44,700.00 By Agricultural Schools 110,000.00 110,000.00 By Binding Codes 118.90 793.85 By Binding Journals 550.00 550.00 By Board of Health 30,500.00 30,000.00 By Civil Establishment 243,391.59 237,984.07 By Clerks' Cost, Court of Appeals 1,001.25 1,025.00 By College for Colored 8,000.00 8,660.00 By Compiler of Records 3,548.50 2,895.70 By Contingent Fund 27,907.57 17,810.34 By Contingent Fund. Railroad Commission 2,000.00 3,000.00 By Contingent Fund, Courts of Appeals 1,078.00 155.70 By Contingent Fund, Supreme Court 1,407.40 1,295.20 By Department of Agriculture 60,260.89 65,849.50 By Georgia Experiment Station 3,300.10 1,092.69 By Geological Fund 9,251.38 9,600.00 By Georgia Normal and Industrial College 52,497.50 61,452.50 By Georgia Normal and Industrial College, Special By Horticultural Fund 30,750.00 33,000.00 By Incidental Expense, General Assembly 64.48 60.42 By Indexing House and Senate Journals 150.00 150.00 By Indian Springs Public Comfort House 110.00 110.00 By Inspections of Oils 1,843.00 1,260.27 By Insurance Public Buildings, Etc. 267.50 1,010.00 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 66,798.90 66,664.92 By Library Fund 3,437.60 3,303.01 By Library Fund, Court of Appeals 863.66 351.31 By Military Fund 28,502.11 42,500.00 By North Georgia College (Dahlonega) 34,000.00 35,770.00 By Overpayment Taxes Refunded 4,307.11 11,802.39 By Pension Fund 1,143,050.00 1,189,075.40 By Pension Fund, Special Appropriation By Prison Fund 95,000.03 91,666.58 By Printing Fund 35,637.43 39,879.40 By Printing Fund, Geological Department 2,500.00 2,500.00 By Printing Fund, Railroad Commission 2,256.05 1,550.27 By Public Buildings and Grounds 27,420.00 37,900.00 By Publishing Ga. Records (Colonial Confederate) 895.00 690.00 By Publishing Georgia Reports 10,790.12 14,444.23 By Public Debt Interest 274,901.25 381,456.00 By Rate Expert Fund R. R. Comr 4,000.00 4,053.54 By Reprinting Georgia Reports, Old 742.70 By Reward Fund 1,350.00 1,350.00 By Roster Fund 4,373.93 3,640.49 By School for the Deaf 52,421.34 66,441.02 By School Fund 2,292,938.82 2,926,454.88 By School of Technology 83,000.00 91,250.00 By School of Technology, Special Appropriation By Soldiers' Home 33,000.00 30,000.00 By Solicitors Generals' Fees 7,110.00 6,595.00 By Special Appropriations, Miscellaneous 3,384.72 16,500.03 By Special Appropriations, W. A. Com 663.59 351.62 By Special Appropriations, First Dist. Agr. School 5,500 00 By Special Appropriations, Third Dist. Agr. School 4,000.00 By State Normal School 49,450.00 53,550.00 By State Sanitarium 555,622.00 530,000.00 By State University, Support Fund 62,668.33 64,872.50 By State University for Agricultural College 103.000.00 111,300.00 By State University for Farmers' Institute 2,500.00 By State University for Summer School 5,000.00 5,000.00 By Stationery, General Assembly 669.67 644.41 By Tuberculosis Sanitarium 26,000.00 26,246.46 By Temporary Loan Refunded 681,962.45 (Valdosta). By Agr., Ind. Normal College 26,567.00 25,000.00 By Department Com. Labor 5,800.00 6,024.13 By Inspection of [Illegible Text] 45,705.74 36,247.33 By Insurance Salaries 8,100.00 4,795.00 By State Medical College 30,000.00 By Training School for Girls 9,301.95 By Sinking Fund 101,000.00 By Clerk to Tax Com 625.00 By Game [Illegible Text] Fund 7,417.88 18,428.35 By Library Fund Leg. Bureau 328.06 By State Road Fund 92,739.58 Total Disbursements 5,967,651,97 7,281,030.10 To Balance in the State Treasury, Dec. 31, 1914 787,455.88 739,625.75 Aggregate 6,755,107.85 8,020,655.85

Page 1015

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. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1016

Superior Court Calendar for 1915-1916 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. DoughertyFourth Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in April and October. TurnerFirst Mondays in February and August. WorthFourth Mondays in January, April, July and October. ATLANTA CIRCUIT. HON. JOHN T. PENDLETON, Atlanta, Judge; HON WM. D. ELLIS, Atlanta, Judge; HON. GEORGE L. BELL, Atlanta, Judge; 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. EvansFourth Mondays in January, March, June, and October. LibertyThird Mondays in February and September. McIntoshFourth Monday in May and first Monday in December. TattnallFirst Mondays in January and July. 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 1017

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. 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. 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 and August. WhitfieldFirst Mondays in January and April, fourth Monday in July, and second Monday in October.

Page 1018

CORDELE CIRCUIT. HON. WALTER F. GEORGE, Vienna, Judge; J. B. WALL, Fitzgerald, Solicitor-General. Ben HillFirst and second Mondays in January, April, July 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, Newnan, Judge; J. R. TERRELL, Greenville, Solicitor-General. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupFirst Mondays in February and August. DUBLIN CIRCUIT. HON. J. L. KENT, Wrightsville, Judge; E. L. STEPHENS, Wrightsville, Solicitor-General. 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, [Illegible Text], Judge; WALTER C. HARTRIDGE, Savannah, Solicitor-General. ChathamFirst Mondays in March, June and December, and last Monday in October. FLINT CIRCUIT. HON. WILLIAM E. H. SEARCY, Jr., 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 1019

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. BullochFourth Mondays in April and October. CamdenFirst Mondays in February, May, August, and November. 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 1020

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 [Illegible Text]. 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 January, April, July, 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 and August.

Page 1021

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. CHARLES W. SMITH, Atlanta, Judge; GEORGE M. NAPIER, Decatur, Solicitor-General. CampbellFirst and second Mondays in February and August. ClaytonThird 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. A. L. BARTLETT Dallas, Judge; J. R. HUTCHESON, Douglasville, Solicitor-General. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Mondays in May, August and November. PolkFourth Mondays in February and August.

Page 1022

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. BaconFourth Mondays in January and June and third Monday in November. 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. BarrowFourth 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 1023

INDEX A ACCOUNTS. (SEE COMPTROLLER-GENERAL.) ACCUSATIONS Trial on, where indictment waived 32 ADVERTISEMENT Local legislation, notice of, where 10 AGRICULTURAL AND MECHANICAL SCHOOL Appropriation for rebuilding and equipping 8 Sale of land held for 997 ALBANY Charter of city amended 452 City court judge's salary increased 61 ALMA Charter of the town amended 461 Depository of the State in 12 AMENDMENTS TO CODE. (SEE CODE AMENDMENTS.) AMERICUS Board of education; qualification; powers, etc 474 Recorder's court established; jurisdiction, etc 472 APPLING COUNTY Board of commissioners created 141 APPROPRIATIONS Agricultural and Mechanical School, 3d District 8 Governor's Mansion, for repairs to 994 Pension of James I. Jacobs 995 Prison Commission; State Farm improvements 7 ATHENS Charter of city amended 476 Extension for police and sanitation 478 Registration of voters 476

Page 1024

ATLANTA Charter of city amended 480 Extension of territorial limits 481 Street paving 482 B BACON SUPERIOR COURT Three annual terms provided for 23 BAKER COUNTY Board of commissioners abolished 147 Ordinary made commissioner ex-officio 148 BANK Federal Reserve Bank, membership in, authorized 33 BANKRUPTCY LAW Memorial for repeal of 1004 BARNESVILLE City court of, abolished 62 BARNETT SHOALS Incorporating town of 497 BARTOW COUNTY Treasurer's office abolished; clerk of board acts 151 BELMONT Incorporating town of 501 BEN HILL COUNTY City Court of Fitzgerald abolished 90 Commissioners; Act of 1914 amended 153 Primary elections, permanent date for 155 Superior court; four annual terms provided 24 Treasurer's office abolished after 1916 156 BIBB COUNTY City Court of Macon, amendment of Acts as to 103 Tax for Vineville school building 156 BLAKELY Charter of city amended 506 Officers' elections and terms, salaries, etc 506

Page 1025

BLECKLEY COUNTY Annual audit of county books, etc 158 Treasurer's office abolished; depository provided 159 BLUE RIDGE Charter of city amended; elections 508 BORROWING MONEY By Governor, authorized 996 BOSTON Charter of city amended; power to punish 510 BRYAN COUNTY Board of commissioners; amending Act of 1907 160 BULLOCH COUNTY Transfer of land in, authorized 997 BUTLER Incorporating city of 510 C CALENDAR OF SUPERIOR COURTS 1015 CALHOUN COUNTY Treasurer's office abolished; depositories provided 162 CAMDEN COUNTY City Court of St. Marys abolished 119 Treasurer's office abolished; depositories provided 165 CAMILLA Water and light system, control of 525 CANDLER COUNTY Board of commissioners created 168 Superior court; four annual terms provided 25 CARROLL COUNTY Compensation of county commissioner 173 Depository for county; selection of bank 174 Treasurer's office abolished 176

Page 1026

CARROLLTON Police regulations on college grounds, etc 526 Tax assessors, election of 528 Tax rate, increase of 529 CARTERSVILLE School fund apportionment; census; reports 531 CEDARTOWN Recorder's salary 533 Ward 4, territory in 532 CEMETERY Oconee Hill; powers of trustees increased 983 CHAPMAN, D. F. Relief of, as surety on bond of J. E. Lane 1005 CHARING Repeal of town charter 534 CHARLTON COUNTY Road tax to improve Folkston streets 176 CHEROKEE COUNTY Commissioner's office created 177 Treasurer's salary fixed at $100 a year 182 CITIES AND TOWNS Local Acts relating to 451, et seq. CITY COURTS Local Acts relating to 61, et seq. CLAYTON COUNTY Board of commissioners, abolishment of 183 Commissioner's office created 184 Superior court, change of times of holding 26 CLINCH COUNTY Board of commissioners created 190 Treasurer's office abolished 197 COBB COUNTY Treasurer's salary fixed; how payable 198

Page 1027

CODE Park's Annotated, advisability of adopting 998 CODE AMENDMENTS (CIVIL CODE OF 1910) Depositories of the State (Sec. 1249, et seq. ) 12-15 Insanity and lunacy examination (Sec. 3092) 20 Local legislation, notice of (Sec. 357) 10 Pilotage fees regulated (Sec. 1901) 16 Railway charter; what excluded (Sec. 2577) 18 Tax collector as ex-officio sheriff (Sec. 1225) 11 Wages of decedent, payment of (Sec. 3134) 21 Western Atlantic Railroad; no parallel road 18 COLQUITT New charter for city of 534 COLQUITT COUNTY Treasurer's salary fixed; how payable 199 COLUMBUS Hospital for city, establishment of 567 Municipal court established for city 63 COMMERCE Election of city officers, etc 570 Electric light system, powers as to 571 COMPTROLLER-GENERAL Accounts with Treasurer, differences adjusted 993 CONFEDERATE SOLDIERS AND WIDOWS Pensions, who entitled to 51 CORDELE City bond commission abolished 573 CORPORATIONS Municipal 451, et seq. Railroads, amendment of law for incorporating 18 Sundry, private 971, et seq. COSTS Misdemeanor convictions in certain counties 34

Page 1028

COUNTIES AND COUNTY MATTERS Local Acts relating to 140, et seq. New debt; registration of voters 54 COURTS. (SEE CITY COURTS; JUSTICES' COURTS; JUVENILE COURTS; MUNICIPAL COURTS; SUPERIOR COURTS.) COVENA Incorporating town of 575 COVINGTON Ice, authority to make and sell 580 CRAWFORD Charter of city amended 581 CRISP COUNTY Treasurer's office abolished; depositories provided 199 D DADE COUNTY Secretary of board of commissioners 205 DALTON Charter of city amended 584 DARIEN City court of, established 79 DAWSON COUNTY Treasurer's office abolished; depository provided 206 DEBT OF COUNTIES Registration of voters as to incurring 54 DECATUR COUNTY Treasurer's salary fixed; bond and premium 209 DECATUR, TOWN OF Registration of voters, permanent and special 586 Street improvements, assessments, etc 589 DECEASED PERSONS Wages to $300, to whom payable 21 DEERCOURT Incorporating town of 592

Page 1029

DEFICIENCY Borrowing money for, authorized 996 DeKALB COUNTY Treasurer's office abolished; depository provided 210 DEPOSITORIES OF COUNTIES Local Acts providing for 140, et seq. DEPOSITORIES OF THE STATE Additional, authorized 12-15 DOERUN Board of education; reduction of membership 594 Tax assessments; objections and appeals 596 DOUGLAS Charter of city amended 598 DOUGLAS COUNTY Treasurer's salary fixed; how payable 214 E EARLY COUNTY Board of commissioners; repeal of Act of 1913 214 EAST LAKE Public school system, establishment of 604 Territorial limits and taxation 600 EAST POINT Grants of franchises, easements, etc 610 EATONTON Board of trustees of city schools 611 ECHOLS COUNTY Treasurer's office abolished; depository provided 215 EFFINGHAM COUNTY Treasurer's office abolished; depository provided 218 ELBERTON Approval or veto of city council acts 614 ELECTIONS Registration of voters in certain counties 54

Page 1030

ELLENTON Executions; levy and sale by marshal 615 ELLIJAY Public school system in city of 616 EVANS COUNTY Board of commissioners created for 220 Road law enacted for 227 Treasurer's office abolished 232 EXECUTION Tax collector and sureties; trial of issue 55 Tax; issue and levy by collector, where 11 F FAYETTE COUNTY Treasurer's office abolished; depositories provided 233 FEDERAL RESERVE BANK Banks authorized to become members of 33 FEES Pilotage, what allowable for 16 FIRST DISTRICT AGRICULTURAL c. SCHOOL Sale and transfer of land held for 997 FITZGERALD City Court of, abolished 90 FLOYD COUNTY Board of commissioners created 236 City court judge's salary increased 91 FOLKSTON Eligibility to hold city office 619 Street improvement, road tax applicable for 176 FORT GAINES Charter of the city amended 620 City court; jurors; demand for indictment, etc 94

Page 1031

G GENERAL ASSEMBLY Investigating committee to report to 999 Unfinished business of 1008, 1009 GORDON COUNTY Treasurer's office abolished; depositories provided 240 GOVERNOR Borrowing of money for deficiencies authorized 996 Mansion, appropriation for repair of 994 Warrants for teachers' pay, discount of 56 GRIFFIN City court judge's salary increased 95 GWINNETT COUNTY Board of commissioners abolished 243 Board of commissioners created 244 Superintendent of roads; office created 248 H HAPEVILLE Taxing power and purposes 622 HARALSON COUNTY Board of commissioners created 252 Treasurer's salary fixed; premium on bond 258 HART COUNTY Board of commissioners; road work and tax 259 Treasurer's office abolished; depository provided 260 HEARD COUNTY Treasurer's office abolished; receiver provided 263 HILTONIA Incorporating town of 623 HOSCHTON Election as to schools 629 HOUSTON COUNTY Board of commissioners abolished 265 Board of commissioners created 265 City court; salaries, costs, term of office 96

Page 1032

I ILLEGALITY OF EXECUTION Tax collector and sureties; trial of issue 55 INDICTMENT Waiver of, and trial on accusation 32 INSANE PERSONS Examination, waiver of notice, affidavit, etc 20 INVESTIGATING COMMITTEE School for the Deaf 999 INVITATION Extended to Woodmen of the World 1001 IRWIN COUNTY City Court of, abolished 100 J JASPER COUNTY Board of commissioners; monthly reports 270 City Court of Monticello, election to abolish 114 JEFFERSON COUNTY One commissioner; road supervisor 271 Treasurer's office abolished; receiver provided 273 JEFFERSONVILLE Charter of city amended 629 JENKINS COUNTY Treasurer's office abolished; depository provided 274 JERSEY Public school system in town of 634 JESUP City of, incorporated 640 Town charter repealed 639 JUSTICES AND JUSTICES' COURTS Abolishment of, in Columbus and Savannah 63, 124 JUVENILE COURTS In certain counties; regulation of procedure, etc 35

Page 1033

K KIRKWOOD Charter of town amended 666 L LANE, J. E. Relief of sureties on bond of 1005 LAURENS COUNTY Board of commissioners, creation of 276 Board of commissioners; repeal of Act of 1911 275 LAVONIA Board of education of city 688 Charter of city repealed 671 New charter for city 672 LAW LIBRARIES Establishment and maintenance in certain counties 49 LEESBURG City court juries and jurors 101 LEVY AND SALE Tax, on execution for, by collector 11 LIBERTY COUNTY Treasurer's office abolished; depositories provided 293 LIBRARY. (SEE LAW LIBRARIES; STATE LIBRARIAN.) LIVE STOCK Allowed to have but one mark and brand 50 Penalty for violation, misdemeanor 51 LOCAL LEGISLATION Advertisement of notice, in what paper 10 LOUISVILLE Board of education of town 689 LOWNDES COUNTY Board of commissioners; repeal of Act of 1896 296 LUCRETIA Charter of city repealed 690

Page 1034

LUMPKIN COUNTY Treasurer's office abolished; depositories provided 298 LUNATICS Examination, waiver of notice, affidavit, etc 20 M MACON Advertising medium of the city 691 Charter of the city amended 692 City court officers; salaries, fees, costs, etc 103 MADISON City court judge and solicitor, election of 113 Court-house Square, sale and conveyance of 1002 MANSION Repairs to Governor's residence 994 MARIETTA Street paving in city of 699 MARTIN Authority of town to contract, etc 703 MAYSVILLE Repeal of amendment to charter 704 MEMORIALS [Illegible Text] law, for repeal of 1004 Rural credit system, for passage of bill as to 1004 MERIWETHER COUNTY Treasurer's salary fixed; how payable 301 METTER STATE DEPOSITORY 13 MIDVILLE City of, incorporated 704 MILLEN New charter for city of 714 MILLER COUNTY City court, election for abolishment of 110 Primary elections regulated 302 Superior court; four annual terms provided 27

Page 1035

MILTON COUNTY Treasurer's office abolished; receiver provided 307 MINERAL BLUFF SCHOOL DISTRICT TRUSTEES Incorporation and organization; territory 979 MISDEMEANORS Accusations, authority to prefer 32 Costs of convictions in certain counties 34 Indictment, waiver of, and trial 32 MITCHELL COUNTY Commissioners, election of, etc 309 Primary elections on date of State primary 311 MONEY Borrowing of, by Governor, authorized 996 MONTGOMERY COUNTY Board of commissioners, amendment of Act creating 312 Treasurer's office abolished; depository provided 314 MONTICELLO City court, election for abolishment of 114 MORGAN COUNTY Board of commissioners, amending Act as to 315 City court judge and solicitor to be elected 113 Court-house Square, sale and conveyance of 1002 MORVEN Power of condemnation in town of 747 MUNICIPAL CORPORATIONS Cities and towns; charter powers, etc 451, et seq. MUNICIPAL COURTS Columbus, established in 63 Savannah, established in 124 MURRAY COUNTY Superior court; terms reduced to two a year 28 Treasurer's office abolished 319

Page 1036

N NASHVILLE Charter of city amended 749 City limits extended 759 NEWMAN School bonds for city of 760 NEWSPAPER Advertising notice of local legislation 10 NEWTON COUNTY Treasurer's salary fixed; how payable 320 NICHOLLS Charter of town amended 761 NOTICE Local legislation, advertisement of, where 10 Waiver of, in examination of insanity 20 O OAKWOOD Charter of town repealed 765 New charter for town of 766 OCONEE HILL CEMETERY TRUSTEES Corporate powers increased 983 OGLETHORPE COUNTY Treasurer's office abolished; depositories provided 321 ORLAND Charter of town repealed 776 P PARK'S ANNOTATED CODE Advisability of adopting, as official 998 PAULDING COUNTY Board of commissioners created 323 PENSIONS Confederate soldiers and widows; who entitled 51 James I. Jacobs, appropriation for 995

Page 1037

PERRY Charter of city amended 776 PETERMAN, J. H. Relief of, as surety on bond of J. E. Lane 1005 PIEDMONT MUTUAL LIVE STOCK ASSO. Revocation of charter 985 PIERCE COUNTY Treasurer's office abolished; depository provided 327 PIKE COUNTY Treasurer's office abolished; depository provided 328 PILOTAGE FEES Amendment of law regulating 16 POLK COUNTY Board of commissioners; amending Act as to 331 Treasurer's compensation fixed; bond and premium 333 PRESIDENT OF THE UNITED STATES Endorsing administration of 999 PRESTON Territorial limits of town defined 777 PRISON COMMISSION Farm improvements, money appropriated for 7 PROSECUTING OFFICERS Accusations, authority to prefer, in misdemeanors 32 PUTNAM COUNTY Treasurer's office abolished; depository provided 336 R RABUN COUNTY Treasurer's office abolished; depositories provided 338 RANGER School tax in town of 779 RAILROADS Incorporation law amended 18 Western Atlantic, no line parallel to 18

Page 1038

RAY'S MILL Name changed to Ray City 781 REBECCA Charter of town amended 781 State depository in 14 REGISTRATION OF VOTERS New debt, for election as to, in certain counties 54 REIDSVILLE City court jury; judge's salary; terms 117 RELIEF OF SURETIES J. L. Shelton, D. F. Chapman, J. H. Peterman 1005 RESOLUTIONS OF GENERAL ASSEMBLY 993, et seq. REYNOLDS City of, incorporated 786 ROCKDALE COUNTY Board of commissioners, amending Act as to 341 Treasurer's office abolished; depository provided 342 RURAL CREDIT SYSTEM Memorial for passage of bill as to 1004 S SAINT MARYS City Court of, abolished 119 SAVANNAH Charter of the city amended 825 City court, procedure in 122 Municipal court of, established 124 Street closing authorized 827 SAVANNAH AND OGEECHEE CANAL COMPANY Dissolved; surrender of charter accepted 986 SAVANNAH BANK AND TRUST COMPANY Amendment of charter 988 SCHOOL (SEE AGRICULTURAL AND MECHANICAL SCHOOL) Deaf, investigation of School for 999 Mineral Bluff District 979 Teachers, provisions for prompt payment of 56

Page 1039

SCREVEN COUNTY Board of commissioners created 345 Detectives of violations of liquor sale laws 354 SHELTON, J. L. Relief of, as surety on bond of J. E. Lane 1005 SHERIFF Tax collector as, in what county 11 SMYRNA Tax for bonds in town of 828 SPALDING COUNTY City court judge's salary increased 95 Treasurer's office abolished; depository provided 355 STATE DEPOSITORIES, ADDITIONAL 12-15 STATE FARM Improvements, money appropriated for 7 STATE LIBRARIAN Books to U. S. Court and Webster County 1007 STATE TREASURER Accounts with Comptroller; differences adjusted 993 Report of, for year ending December 31, 1914 1011 STATESBORO City court terms; jurisdiction; juries 137 STEPHENS COUNTY Treasurer's office abolished; depositories provided 359 SUGAR VALLEY School system in town of 829 SUPERIOR COURTS Calendar of times of holding 1015 Terms, changing and fixing of 23, et seq. SURETIES Of tax collector; illegality of execution 55 Relief of, on bond of J. E. Lane 1005 SWAINSBORO Charter of city amended 833

Page 1040

SYLVESTER STATE DEPOSITORY 15 SYLVESTER Charter of city amended 834 State depository in 15 T TALIAFERRO COUNTY Treasurer's office abolished; depository provided 365 TALLAPOOSA Charter of city amended 841 TATTNALL COUNTY Board of commissioners abolished 364 Board of commissioners created 365 City Court of Reidsville, amending Act as to 117 Road law abolished 372 Road law adopted 373 Superior court; terms reduced to two a year 29 Treasurer's office abolished 378 TAX COLLECTOR Hearing on illegality to execution 55 Sheriff ex-officio, where 11 TEACHERS Prompt payment of, to be provided for 56 TELFAIR COUNTY Treasurer's office abolished; depositories provided 378 THIRD DISTRICT SCHOOL Money appropriated for rebuilding, etc 8 THOMASTON Public school system in 848 THOMASVILLE School tax, increase of 852 TIFT COUNTY Board of commissioners, repeal of Act creating 379 Commissioner's office created 380 Treasurer's office abolished; depositories provided 385

Page 1041

TIFTON New charter for city of 854 TOCCOA CITY Chaingang, establishment of 887 Election tickets, registry of candidates, etc 888 Waterworks, sewerage, and light commission 889 TOOMBS COUNTY Grand juries at what terms of court 29 TREASURERS OF COUNTIES Local Acts abolishing office; fixing salaries 140 TREASURER OF THE STATE Accounts with Comptroller; differences adjusted 993 Report of, for 1914 1011 TRIAL Misdemeanor cases, on accusations 32 TWIGGS COUNTY Board of commissioners abolished 388 Board of commissioners created 389 Treasurer's office abolished; depositories provided 399 TYBEE Charter of town amended 894 U UNADILLA Public school trustees in town of 896 Tax, sewerage, etc 898 UNFINISHED BUSINESS OF LEGISLATURE Calendar, position on 1009 Remaining at the Capitol for; who authorized 1008 Statement of, to be mailed to each member 1008 UNION COUNTY Board of commissioners abolished 401 UNITED STATES DISTRICT COURT State library books to be furnished to 1007

Page 1042

V VIDALIA STATE DEPOSITORY 15 VIENNA New charter for city of 899 VOTERS. (SEE REGISTRATION OF VOTERS.) W WACO New charter for town of 941 WAGES Of decedent; payment of $300 to whom 21 WAIVER (SEE INDICTMENT; [Illegible Text] PERSONS.) WALKER COUNTY Superior court; terms reduced to two a year 30 WALTON COUNTY Commissioners created 402 Ordinary's compensation as commissioner repealed 407 Treasurer's office [Illegible Text] depository provided 408 WARE COUNTY Board of commissioners, repeal of Act creating 410 Commissioner's office created 411 City Court of Waycross; cost deposit Act repealed [Illegible Text] Commissioner's office created 411 Treasurer's salary fixed at $200; bond 417 WARRANTS Discount of, to pay teachers promptly 56 WARREN COUNTY Treasurer's office abolished; depository provided 418 WARRENTON City marshal's election, etc 960 WASHINGTON COUNTY City court solicitor to act as county attorney 420 Treasurer's office abolished 421

Page 1043

WAYCROSS Charter of the city amended 964 City court; cost-deposit Act repealed 139 WAYNE COUNTY Road districts, commissioners to be elected from 421 Treasurer's office abolished; depositories provided 425 WEBSTER COUNTY State library books to be furnished to 1007 WESTERN ATLANTIC RAILROAD Parallel line, no incorporation of 18 WHEELER COUNTY Board of commissioners abolished 428 Commissioner's office created 430 WHITE COUNTY Board of commissioners created 435 WHITFIELD COUNTY Treasurer's office abolished; depository provided 439 WILKES COUNTY Depository of county funds, selection of 441 Treasurer's office abolished 447 WILLIE Town of, incorporated 971 WOODMEN OF THE WORLD Invited to convene in Atlanta 1001