Acts and resolutions of the General Assembly of the state of Georgia, 1917 [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: INDEX PRINTING CO. 19170000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1917 19170000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1917 INDEX PRINTING CO., State Printers ATLANTA GA.

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TABLE OF TITLES PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.AMENDMENTS TO CONSTITUTION. TITLE III.CODE AMENDMENTS. TITLE IV.SUPERIOR COURTS. TITLE V.MISCELLANEOUS. PART II.LOCAL LAWS. TITLE I.CITY AND MUNICIPAL COURTS. TITLE II.SOLICITORS-GENERAL; ABOLISHING FEES. TITLE III.COUNTY MATTERS. PART III.CORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE CORPORATIONS. PART IV.RESOLUTIONS.

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STATUES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1917 PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS. TITLE II.AMENDMENTS TO CONSTITUTION. TITLE III.CODE AMENDMENTS. TITLE IV.SUPERIOR COURTS. TITLE V.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. Appropriations for Expenses of the Government. South Georgia Normal College; for Completing Building. Fifth District Agricultural and Mechanical School; for Girls' Dormitory. Third District Agricultural and Mechanical School; for Heating Building. Technological School Power Plant. Western and Atlantic Railroad Commission. APPROPRIATIONS FOR EXPENSES OF THE STATE GOVERNMENT. No. 196. An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government; for the payment of the public debts and interest thereon; to pay pensions; to provide for the support of the public institutions and the educational interests of the State, for the fiscal year of 1918, and for deficiencies for the year 1917, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by the authority of the same, That the following sums of money be and the same are hereby appropriated on account of and for the support of the Executive Department of the State Government for the fiscal year 1918, to the persons and for the purposes, respectively, hereinafter mentioned and set forth, to-wit: For one fiscal year. For the salary of the Governor, five-thousand dollars ($5,000.00). Salaries of Governor and other officers, and of their assistants and clerks. For the salary of the Secretary of State, two thousand dollars ($2,000.00). For the salary of the State Treasurer, two thousand dollars ($2,000.00). For the salary of the Comptroller-General, two thousand dollars ($2,000.00). For the salary of the Attorney-General, three thousand dollars ($3,000.00). For the salary of the Commissioner of Commerce and Labor, twenty-four hundred dollars ($2,400.00). For the salary of the Assistant Commissioner of Commerce and Labor, eighteen hundred dollars ($1,800.00). For the salaries of the Secretaries and Clerks of the Executive Department, six thousand dollars ($6,000.00). For the salary of the messenger of the Governor, nine hundred and fifty dollars ($950.00). For the salary of the Clerk of the Secretary of State, one thousand dollars ($1,000.00). For the salary of the Clerk of the State Treasurer, one thousand six hundred dollars ($1,600.00). For the salary of the Chief Clerk in the office of the Comptroller-General, eighteen hundred dollars ($1,800.00). For the Insurance Clerk in the office of the Comptroller-General, eighteen hundred dollars ($1,800.00); six hundred dollars ($600.00) of which shall be paid out of insurance fees, as provided in section 248 of the Code. For the Clerk in the Wild Land Department, one thousand dollars ($1,000.00).

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For the salary of the Insurance Commissioner, the sum of three thousand dollars ($3,000.00). For the salary of the Deputy Insurance Commissioner, the sum of three thousand dollars ($3,000.00). For the salary of the Insurance Clerk, the sum of fifteen hundred dollars ($1,500.00) as provided by the Insurance Act of 1912. For the salary of the Clerk of the Attorney-General, the sum of eighteen hundred dollars ($1,800.00). For the salary of the Stenographer of the State Bank Examiner, the sum of twenty-four hundred dollars ($2,400.00). For the salary of the Bookkeeper of the State Bank Examiner, the sum of twenty-four hundred dollars ($2,400.00). For the salary of the Stenographer of the Commission of Commerce and Labor, fifteen hundred dollars ($1,500.00). For the salary of the State Tax Commissioner, the sum of twenty-five hundred dollars ($2,500.00). For the salary of the Clerk of the State Tax Commissioner, the sum of fifteen hundred dollars ($1,500.00). For the salary of Stenographer of the State Tax Commissioner, the sum of one thousand dollars ($1,000.00). For the contingent fund to be expended by the Governor according to law, the sum of twenty-five thousand dollars ($25,000.00), or so much thereof as may be needed. Contingent funds. For the contingent fund for the Department of Commerce and Labor, eighteen hundred dollars ($1,800.00), or so much thereof as may be necessary, to be expended as provided in the Act approved August 18, 1913. Provided, that the salaries of the Governor and the secretaries and clerks of the Executive Department shall be due and payable monthly at the end of each calendar month, and that the salary of the Governor shall begin with the day of his inauguration, and any fraction of a month at the beginning of his term shall be paid for at the monthly rate, notwithstanding any custom or regulation of the department to the contrary. Provided, further, that the expenses of the Governor incurred in the business of the State shall be

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paid on itemized statements signed by him, and he shall draw his warrant on the treasury for the same. Monthly payments. Itemized statements. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be and the same are hereby appropriated on account of and for the support of the Judicial Department of the State Government, for the fiscal year 1918. Judical Department. For the salaries of the Judges of the Supreme Court, each the sum of four thousand dollars ($4,000.00). Salaries of judges and other officers. For the salaries of the Judges of the Court of Appeals, each, the sum of four thousand dollars ($4,000.00). For the salaries of the Judges of the Superior Courts, each, the sum of three thousand dollars ($3,000.00). For the salaries of the Solicitors-General, each, the sum of two hundred and fifty dollars ($250.00). For the salaries of the Supreme Court Stenographers, each, the sum of one thousand five hundred dollars ($1,500.00). For the salaries of the Supreme Court Reporters, each, the sum of two thousand dollars ($2,000.00); for the salary of the Sheriff of the Supreme Court, the sum of one thousand dollars ($1,000.00). For the salaries of the Court of Appeals Reporters, each, one thousand dollars ($1,000.00); for the salaries of the Court of Appeals Stenographers, each, fifteen hundred dollars; for the salary of the Sheriff of the Court of Appeals, the sum of one thousand dollars ($1,000.00). To pay the fees of Solicitors-General in criminal cases before the Supreme Court, such amounts as may be due them under the fee bill provided by law. To pay the Clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of the Clerk, an amount equal to the difference between the amount due said Clerk and said costs, as provided by section 6126 of the Code of 1910. To pay the Clerk of the Court of Appeals his salary, if

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the costs in the Court of Appeals do not amount to the sum allowed by law for the compensation of said clerk, an amount equal to the difference between the amount due said clerk and said cost, as provided by law. For the contingent fund of the Supreme Court, to pay for the necessary printing, stationery, record books, binding the opinions of the Court, hiring a porter, etc., the sum of twelve hundred dollars ($1,200.00), or so much as may be needed. Contingent fund of Supreme Court. To pay the Clerk of the Court of Appeals the cost due him in pauper criminal cases returned to said Court, such a sum as shall be reported by said Clerk to the Governor under the seal of said Court before receiving compensation therefor, as provided by law. Costs. For the contingent fund of Court of Appeals, to pay for the necessary printing, stationery, record books, binding the opinions of the Court, hiring a porter, etc., the sum of three thousand dollars ($3,000.00), or so much thereof as may be needed. Contingent fund of Court of Appeals. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are hereby, appropriated for and on account of the Legislative Department of the State Government, for the fiscal year 1918, to the persons and for the purposes hereinafter mentioned, to-wit: For the compensation of the President of the Senate and the Speaker of the House of Representatives, the sum of seven dollars per diem, each, during the sessions of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the capital. Legislative Department. Per diem and mileage. For the compensation of the members of the General Assembly, four dollars per diem, each, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the capital. For the compensation of the Secretary of the Senate, the sum of sixty dollars ($60.00) per diem out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. Secretary of Senate.

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For the compensation of the Clerk of the House of Representatives, the sum of seventy dollars ($70.00) per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by the Act of October 8, 1879. Clerk of House. For the compensation of the Doorkeeper of the House of Representatives, and the Doorkeeper of the Senate, and Messenger of the Senate and Messenger of the House of Representatives, four dollars per diem, each, and the same mileage as allowed the members of the General Assembly. Doorkeepers and Messengers. For the compensation of the Assistant Messenger of the House of Representatives for the sessions of 1917 and 1918, four dollars per diem. For the compensation of the Post-Mistress of the House of Representatives for the session of 1918, four dollars per diem, and the same mileage as is allowed members of the General Assembly. Postmistress. For the compensation of the Gallery-Keeper of the Senate, and one for the House of Representatives, for the session of 1918, four dollars per diem, each. Gallery and assistant doorkeepers. For three assistant Doorkeepers for the floor of the Senate, for the session of 1918, four dollars per diem. For five Assistant Doorkeepers for the House of Representatives, for the session of 1918, the sum of four dollars per diem, each. For the compensation of the Head Porter of the Senate and the Head Porter of the House of Representatives, the sum of three dollars per diem, each. Porters. For the compensation of six porters for the Senate, and ten for the House of Representatives, for the session of 1918, two dollars per diem, each. Porters for the Senate to be employed by the Secretary of the Senate, and those for the House of Representatives to be employed by the Clerk of the House of Representatives. For the compensation of six pages to the Senate, to be appointed by the President of the Senate, and eight pages for the House of Representatives, and one special page for the Speaker of the House of Representatives, to be

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appointed by the Speaker of the House of Representatives, two dollars per diem, each, for the session of 1918, provided that no page shall be appointed for less than twenty-five days. Pages. For the compensation of one elevator operator, to be appointed by the Keeper of Public Buildings for the year 1918 the sum of sixty dollars ($60.00) per month. Elevator. For the compensation of the several committeemen of the Senate and of the House of Representatives visiting by appointment the various public institutions of the State, the sum of five thousand dollars, or so much thereof as may be needed, to be paid only on itemized account showing the actual necessary expenses paid in cash by each committeeman making such visit, and in no case to exceed the actual amount expended and the further sum of two hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated and made immediately available to pay the expenses of the several committeemen appointed by the Senate and House to attend the funerals of Senators Mundy and McCurry. Committees. To pay the incidental expenses of the General Assembly, to be paid on itemized accounts accompanied by properly receipted vouchers for the payments made and presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives, fifty dollars ($50.00) for the Senate, and seventy-five dollars ($75.00) for the House of Representatives, or so much thereof, respectively, as may be needed. Incidental expenses. To pay for stationery furnished to the General Assembly, seven hundred dollars ($700.00), or so much thereof as may be necessary to be paid on itemized accounts properly supported by receipted vouchers and presented to the Governor before warrants are drawn therefor. Stationery. To pay for binding Journals of the Senate and House of Representatives as provided by the Acts of 1889, the sum of five hundred and fifty dollars ($550.00), or so much thereof as may be needed. Binding Journals. To pay the stenographer of the Appropriation Committee authorized by the resolution of the House, the sum

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of one hundred and seventy-five dollars ($175.00), and the sum of twenty dollars to pay for stenographic work of Ways and Means Committee in redrafting General Tax Act. Stenographers. To pay for indexing the Journal of the House of Representatives, and the Journal of the Senate, each, seventy-five dollars ($75.00) to be paid to the Journal clerk of the House, and the Journal clerk of the Senate, respectively, upon completion of the work. Indexing Journals. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for and on account of the hereinafter designated public institutions of the State, for the fiscal year of 1918, to-wit: Public institutions. For the support and maintenance for the Academy for Blind, and for the salaries of its officers and attaches, the sum of thirty-six thousand dollars ($36,000.00) for the year 1918, or so much thereof as may be needed. The Governor shall require of the superintendent of the Academy an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. Academy for the Blind. For the support and maintenance of the Georgia School for the Deaf, and the salaries of its officers and attaches, the sum of sixty thousand dollars ($60,000.00), or so much thereof as may be needed. The Governor shall require of the superintendent of the school an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. School for the Deaf. For the support and maintenance of the Georgia State Sanitarium, and for the salaries of its officers and attaches, including twenty-five hundred dollars for the salary of the resident physician, the sum of seven hundred and sixty-one thousand dollars ($761,000.00) for the year 1918, or so much thereof as may be needed, to be expended only when directed by the Board of Trustees. State Sanitarium. The Governor is authorized to make monthly an advance

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to cover the cost of supplies and incidental expenses of the said Sanitarium. Advances. The Governor shall require the superintendent and the resident physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees. Itemized statements. The ordinary repairs to the building and property of the Sanitarium shall be paid for from this appropriation at such times and in such amounts as may be approved by the Board of Trustees in regular session. Repairs. For the Georgia State Sanitarium to supply a deficiency in the maintenance fund for the year 1917, the sum of eighty-five thousand dollars ($85,000.00) which shall become available and payable during the year 1917. Deficiency. For the salaries of the Trustees of the Georgia State Sanitarium, the sum of one hundred and fifty dollars ($150.00) each, and their actual railroad expenses in going to and returning from the Sanitarium, as provided by law, shall be paid from the above appropriation. Trustees' salaries. For the support and maintenance of the Soldiers' Home of Georgia, and for the pay of its officers and attaches, under the Act approved December 19, 1900, the sum of forty-five thousand dollars ($45,000.00), or so much thereof as may be needed. Soldiers' Home. The Governor shall pay said sum to the Treasurer of the said Home in monthly installments; shall require of the Treasurer an itemized monthly statement of all goods received during the past month at said Home, which statement shall be submitted to and approved by the Board of Trustees. Payments and statements. For the Soldiers' Home of Georgia, to supply a deficiency in the maintenance fund for the year 1917, the sum of forty-five hundred dollars ($4,500.00), which shall become available and payable during the year 1917. Deficiency. For the support and maintenance of the Georgia State Sanatorium for the treatment of consumptive patients, located at Alto, the sum of thirty-six thousand dollars ($36,000.00)

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for the year 1918, or so much thereof as may be necessary; to be expended only when directed by the Board of Trustees, and the further sum of $5,000.00 to supply a deficiency in the sum appropriated for the institution for the year 1917, said sum to become available during the year 1917. Sanatorium at Alto. The Governor is authorized to make a monthly advance to cover the cost of supplies and incidental expenses of said Sanatorium, requiring the treasurer and other persons in charge of the management of said institution to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees; provided, that no persons shall be admitted free to this home, as beneficiaries of the State fund, who are able to provide treatment for themselves. Said Trustees to make a detailed report annually to the Governor and General Assembly as is required of other State institutions. Advances and itemized statements. SEC. 5. Be it further enacted, That the following sums of money be and they are hereby appropriated for and on account of the following public institutions of the State; to-wit: For the State University at Athens for the support and maintenance of the same, the sum of sixty-five thousand dollars ($65,000.00), to be expended under the direction of the Board of Trustees. University of Georgia. To the Trustees of the University of Georgia for the maintenance of the State School of Agriculture at Athens including a course for degree in veterinary medicine, the sum of seventy thousand dollars ($70,000.00). State School of Agriculture. To the Trustees of the University of Georgia for the State College of Agriculture to meet the requirements of the Smith-Lever Bill, the sum of sixty-seven thousand one hundred and twenty-nine dollars and twenty-eight cents ($67,129.28). The Federal fiscal year being from July 1st to July 1st the funds herein appropriated to meet the provisions of the Act of Congress, approved May 8th, 1914, shall be available in equal monthly payments from July, 1917, the Trustees of the College of Agriculture shall file

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with the Governor before the convening of the General Assembly each year an itemized statement showing the disbursement of this fund and also showing the amount of money put up by the different counties, and the funds coming into their hands from all other sources, and how many counties avail themselves of this fund. To the Trustees of the University of Georgia for the State College of Agriculture, for extension work now in progress, and which is conducted in co-operation with the United States Department of Agriculture, the sum of forty thousand dollars ($40,000.00). To the Trustees of the University of Georgia for the State College of Agriculture, to be used annually for holding field meetings and farmers' institutes, the sum of twenty-five hundred dollars ($2,500.00). To the Trustees of the University of Georgia for the maintenance of the South Georgia Normal College, the sum of thirty thousand dollars ($30,000.00). The chairman of the Board of Directors shall report annually to the General Assembly an itemized statement of all receipts and expenditures, and detailed statements of the affairs of said college. South Georgia Normal College. For the University of Georgia for the payment of the interest on what is known as the land scrip fund, the sum of six thousand three hundred and fourteen dollars ($6,314.00) for payment of the annual interest on the debt due by the State to the University of Georgia of $8,000.00. Land-scrip fund. For the University of Georgia, for the maintenance of the summer school at Athens for the white teachers of the State, as provided by the Act of December 22, 1898, the sum of seven thousand five hundred dollars ($7,500.00). Summer school. For the University of Georgia, for the support and maintenance of the School of Technology at Atlanta, the sum of one hundred thousand dollars ($100,000.00). The report required of the chairman of the Local Board of Trustees to be made to the Governor shall be submitted to the General Assembly at the opening sessions thereof. Before this appropriation shall become available it shall be

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the duty of the local Board of Trustees to establish a rule allowing free tuition to only fifteen students from any one county in the State, and fixing the tuition to be paid by those in excess of this number from any county. School of Technology For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, the sum of sixty-seven thousand five hundred dollars ($67,500.00). The chairman of the Board of Trustees shall report annually to the General Assembly the number of pay pupils, tuition charged and an itemized statement of all receipts and expenditures. Georgia Normal and Industrial College. For the University of Georgia, to be used for co-operative extension work in home economics at the Georgia Normal and Industrial College at Milledgeville, Georgia, the sum of twenty thousand ($20,000.00) dollars; said sum to be expended exclusively under the direction of the directors of said Georgia Normal and Industrial College. This appropriation in no wise to supersede or conflict with the apportionment of the Smith-Lever fund, to be made by the Trustees of the University of Georgia to the Georgia Normal and Industrial College at Milledgeville for co-operative extension work in home economics. To pay the Trustees of the State University, as provided by the Act of 1899, the sum of four dollars per diem, each, for the expenses of the meeting of the Board of Trustees, and actual railroad fares to and from the place of meeting; said sums to be paid out of the foregoing sums for the support and maintenance of the State University at Athens. Trustees' per diem and mileage. For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College at Dahlonega, the sum of twenty-six thousand five hundred ($26,500.00) dollars; provided, that under no pretext whatever, whether as a tuition or matriculation fee, shall such college charge exceeding ten ($10.00) dollars per annum, or five ($5.00) dollars per term for each pupil, and any charge in excess shall work a forfeiture of this appropriation. The Chairman of the Board of Trustees shall report annually to the General Assembly the number of pupils, teachers,

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salaries paid teachers, from whom and how much is collected as tuition fees, and an itemized statement of all receipts and expenditures; provided, further, that no part of this appropriation shall be used to pay salaries to [Illegible Text] member of the Board of Trustees of said college for his service as said trustee, or otherwise, and if this provision is violated it shall work a forfeiture of said appropriation. North Georgia Agricultural College. For the University of Georgia, for the support and maintenance of the State Normal School at Athens, the sum of fifty-seven thousand five hundred ($57,500.00) dollars; provided, the Chairman of the Board of Trustees shall report annually to the General Assembly the names and number of persons attending said school, and from whom and how much is collected in tuition fees, the names and numbers of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. State Normal School. For the University of Georgia, for the support and maintenance of the School for Colored People at Savannah, under the Act approved December 19th, 1900, the sum of ten thousand ($10,000.00) dollars. The Chairman of the Board of Trustees shall report annually the names, number and residence of the persons attending said school, from whom and how much received in tuition fees, the names and number of teachers, and the salaries paid each, and an itemized statement of all receipts and expenditures. School for Colored People. For the University of Georgia, for the support and maintenance of the State Medical College at Augusta, the sum of thirty thousand ($30,000.00) dollars; said amount so appropriated shall be used exclusively for maintenance and extension work, to be expended under the direction of the Board of Trustees of said college. The Chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures and a detailed statement of the affairs of the said college. Medical College. For the University of Georgia, for the support and maintenance of the Agricultural and Mechanical Schools established in pursuance of the Act approved August 18th, 1906,

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the sum of fifteen thousand ($15,000.00) dollars each, from the sources therein provided; provided, that no part of this appropriation shall be used to pay the salaries of any member of the Board of Trustees of any Agricultural College of this State for services as trustee or otherwise, except the usual per diem compensation allowed by law, together with actual necessary expenses while going to and returning from their places of meeting. Agricultural and Mechanical Schools. SEC. 6. Be it further enacted, That the following sums of money be and they are hereby appropriated for and on account of the following public institutions of the State, to-wit: For the salary of the State Superintendent of Schools, the sum of two thousand ($2,000.00) dollars State School Superintendent. For the salary of the Clerk of the State Superintendent of Schools, the sum of twelve hundred ($1,200.00) dollars. For the support and maintenance of the common schools of the State for the year 1918 only, the sum of three million two hundred thousand ($3,200,000.00) dollars. The said sum shall include poll taxes, one-half of the rental of the Western Atlantic Railroad; show taxes; dividend from the Georgia Railroad stock; funds arising from the taxation of dogs; all of which funds are especially appropriated by law for the support of the common schools, and all other funds expressly appropriated by law for the support of the common schools, all of which funds shall be by the State Treasurer kept separate from all other funds in the State treasury, and shall be paid out upon the warrants of the Governor only for the support and maintenance and payment of the expenses of the common schools of the State for the year 1918. Common Schools. SEC. 7. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated to, and for the following departments of the State government for the fiscal year 1918, to-wit: For the salary of the Supervisor of County Officers and County Records for the year 1918, the sum of fifteen hundred ($1,500.00) dollars. Supervisor of County Officers and Records, and his deputies.

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For the salary of the Deputy Supervisors of County Officers for the year 1918, the sum of fourteen hundred ($1,400.00) dollars, each. For the salary of the Supervisor of County Officers and County Records for the year 1917, the sum of fifteen hundred ($1,500.00) dollars. For the salary of the Deputy Supervisor of County Officers and County Records for the year 1917, the sum of fourteen hundred ($1,400.00) dollars, each. For the salary of the Supervisor of County Officers and County Records from August 9, 1916, to January 1, 1917, the sum of five hundred and eighty-seven dollars and forty-eight ($587.48) cents. For the salary of the Deputy Supervisor of County Officers and County Records from August 9, 1916, to January 1, 1917, the sum of five hundred and forty-eight dollars and thirty-one ($548.31) cents. For the expenses of the Supervisor of County Officers and County Records allowed by law, the sum of seven hundred and fifty ($750.00) dollars. For the expenses of the Deputy Supervisor of County Officers and County Records for period from August 9, 1916, to January 1, 1917, the sum of three hundred and thirty-seven dollars and thirty-three ($337.33) cents. The Department of Agriculture. For the salary of the Commissioner of Agriculture, three thousand ($3,000.00) dollars. Agricultural Department salaries. For the salary of the Clerk of the Commissioner of Agriculture, eighteen hundred ($1,800.00) dollars. For the salary of the Chief Oil Inspector, eighteen hundred ($1,800.00) dollars, and necessary traveling expenses, allowed by the Code of 1910, section 1814. For the salary of the Chemist of the Department of Agriculture, the sum of three thousand ($3,000.00) dollars, as provided in paragraph 1557 of the Code of 1895. For the salary of two Assistant Chemists, as provided

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by the Act of 1891, the sum of one thousand ($1,000.00) dollars, each. For replenishing chemicals and apparatus used by the State Chemist and his assistants, the sum of one thousand ($1,000.00) dollars, or so much thereof as may be needed, and the further sum of sixteen thousand ($16,000.00) dollars, or so much thereof as may be necessary for additional assistants, maintenance of laboratories, purchase of chemicals, and other necessary expenses in connection with the analysis of fertilizers and feedstuffs. Chemical Laboratory maintenance. For the maintenance of the Department of Agriculture, the sum of ten thousand ($10,000.00) dollars, as provided in paragraph 2084, of the Code of 1910; and to said department, the further sum of five thousand ($5,000.00) dollars, to be expended as provided in the Acts of 1914, page twelve; also the further sum of ten thousand ($10,000.00) for the purpose of carrying out the provisions of the Pure Food and Drug Act of Georgia, approved August 21, 1906; same to be audited by the Commissioner of Agriculture; that said amounts are appropriated and set aside out of the fees arising from the inspection and analyzing of fertilizers, and the proceeds of fees arising from the inspection made by the food inspector, shall be turned into the State treasury for the use of the common schools of this State, as required by section 2119 of the Code of 1910. Maintenance of department. For the salary of the State Veternarian, the sum of twenty-five hundred ($2,500.00) dollars, and actual expenses while traveling in the service of the State in the regular discharge of his duty; same to be audited by the Commissioner of Agriculture. Veterinarian. Also five thousand ($5,000.00) dollars for the purpose of carrying out the provisions of the Act of 1909, relating to the protection of livestock of the State of Georgia from contagious and infectious diseases, and for cattle tick eradication; vouchers for the same to be audited by the Commissioner of Agriculture; also the further sum of twenty-five thousand ($25,000.00) dollars for the year 1918 is appropriated out of any funds in the treasury not otherwise appropriated,

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for the purpose of exterminating the cattle tick and developing the livestock industry of the State of Georgia, as provided by the Act approved August 17, 1914; also the sum of six thousand ($6,000.00) dollars for the investigation of reported outbreaks of hog cholera, field investigation, sanitary control of the infected districts, and for the purchase and distribution of serum under the direct supervision of the State Veterinarian, as provided by the Act approved August 17, 1914. Diseases of live stock, to eradicate. The Commission of Agriculture shall annually furnish to the General Assembly a detailed itemized statement of the expenditure of the funds appropriated in the foregoing paragraphs for the extermination of cattle tick and developing the livestock industry, and for sale and distribution of hog cholera serum, and for the investigation and control of the infested districts. Itemized statements. For the Department of Horticulture and Entomology, for the salary of the State Entomologist, the sum of three thousand ($3,000.00) dollars. Entomological Department. For the employment of the Assistant Entomologists, whose compensation shall be fixed by the State Board of Entomology, for the payment of traveling expenses, equipment and maintenance of a laboratory, publication of bulletins and other reports, for work which the board is conducting on the eradication of wilt or blackroot of cotton, mematode or root knot, experimental work on the development and perfection of types of cotton to be grown in spite of boll weevil, and work on other seriously injurious insects and diseases affecting the cotton and other plants, for defraying all other expenses in carrying out the provisions of the Act of December 21, 1900, creating and establishing the department, and the Acts amendatory thereof, the sum of fifty thousand ($50,000.00) dollars, or so much thereof as may be necessary. The State Entomologist shall annually furnish to the General Assembly a detailed, sworn itemized statement of all expenditures and disbursements of all funds appropriated for use by the State Entomologist and State Board of Entomology, and for every sum so

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disbursed by the State Entomologist or State Board of Entomology proper vouchers shall be kept of file in the office of the State Entomologist, all accounts of this department shall be audited and approved by the Commissioner of Agriculture before the Governor is authorized to issue his warrants for the same. For the Prison Department, for the salaries of the Prison Commissioners, each, two thousand ($2,000.00) dollars. Prison Commissioners and clerk. For the salary of the Clerk of the Prison Commission, the sum of eighteen hundred ($1,800.00) dollars. For the support and maintenance of the Prison Department, the sum of one hundred and sixteen thousand ($116,000.00) dollars for the year 1918, or so much thereof as may be needed; itemized statements of which shall be furnished to the Governor at the time requisitions are made on this appropriation. This amount shall be for the support of the Prison Commission, including the prison farm and reformatory for youthful criminals. The proceeds of the sale of all farm products shall be turned into the State treasury. Maintenance. For the Prison Department to supply a deficiency in the maintenance fund for the year 1917, the sum of fifteen thousand ($15,000.00) dollars, which shall become available and payable during the year 1917. Deficiency. For the maintenance and support of the Georgia Training School for Girls for the year 1918, the sum of twenty-five thousand ($25,000.00) dollars, to be paid out only on itemized statements furnished by the management to the Governor at the time requisition for the same is made. Training School for Girls. For the Georgia Training School for Girls, to supply a deficiency in the maintenance fund for the year 1917, the sum of three thousand ($3,000.00) dollars, which shall become available and payable during the year 1917. Deficiency. For the Georgia Training School for Girls, the sum of six thousand five hundred ($6,500.00) dollars, to offset donation from private individuals of $9,300.00 donated for new building. Offset of donations.

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For the Railroad Commission, for the salary of the Chairman of the Railroad Commission, the sum of four thousand ($4,000.00) dollars. Railroad Commission salaries. For the salaries of the remaining Railroad Commissioners, twenty-five hundred ($2,500.00) dollars, each. For the salaries of one or more rate experts, four thousand ($4,000.00) dollars. For the salary of the Special Attorney of the Railroad Commission, twenty-five hundred ($2,500.00) dollars. For the salary of the Secretary to the Railroad Commission, the sum of two thousand ($2,000.00) dollars. For the salary of the Stenographer to the Railroad Commission, the sum of twelve hundred ($1,200.00) dollars. For the printing fund of the Railroad Commission, the sum of two thousand ($2,000.00) dollars, or so much thereof as may be needed to pay for such printing and advertising and publishing as the commission may deem necessary and is required by law. Printing fund. For the contingent expense fund of the Railroad Commission, the sum of three thousand ($3,000.00) dollars, or so much thereof as may be necessary, to be paid out of the treasury on the order of the Governor. Contingent expenses. For the Department of Pensions, for the salary of the Pension Commissioner, the sum of three thousand ($3,000.00) dollars. Pension Commissioner and clerks' salaries. For clerical help in the Pension Department, the sum of twenty-four hundred ($2,400.00) dollars. For the payment of pensions which will become due to Confederate soldiers and widows of Confederate soldiers, who are legally on the pension rolls, and entitled by law to draw a pension from the State for the year 1918, the sum of one million two hundred thousand ($1,200,000.00) dollars, or so much thereof as may be necessary; after paying all claims for pensions for said year, if there shall be a surplus of funds appropriated for pensions, the same shall be by the Treasurer transferred to the general fund on January 1st. Pensions.

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For the State Library, for the salary of the State Librarian, the sum of eighteen hundred ($1,800.00) dollars. Library. For the salary of the Assistant State Librarian, the sum of twelve hundred ($1,200.00) dollars. For the State Library, to be expended by the Librarian in employing an additional assistant, the sum of one thousand ($1,000.00) dollars. For the Legislative Reference Department of the State Library, the sum of twelve hundred ($1,200.00) dollars, to be expended as provided in the Acts of 1914, p. 137. For the State Library for the purchasing of books, etc., and for such articles and supplies as may be needed by the Supreme Court in the conduct of its business, for which provision is not elsewhere made, and books and supplies for the Attorney-General's office, the sum of four thousand ($4,000.00) dollars, or so much thereof as may be needed, to be expended as the Judges of the Supreme Court may direct. Book purchases. For the State Library, for printing new volumes of the Supreme Court Reports and the Court of Appeals Reports, the sum of ten thousand ($10,000.00) dollars, or so much thereof as may be needed. Reports of Decisions. For the State Library for the purchase of such books and supplies as may be needed by the Court of Appeals, in the conduct of its business, for which provision is not elsewhere made, the sum of one thousand ($1,000.00) dollars, to be expended as the Court of Appeals may direct. Books and supplies. For the reprinting of the earlier Georgia Reports, where the copyrights on the same have expired, such sum as may be needed, to be paid for only out of the funds received into the State Treasury during the year 1918 from the sale of Georgia Reports, the State Codes and Acts. Reprint of Reports. For compiling and publishing under the direction of the Governor, the Colonial, Revolutionary and Confederate Records of Georgia, and records for intermediate periods, such sum as may be needed to pay the contract price for such work and publishing, to be paid out of the money received

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into the State Treasury during the year 1918 from the sales of Georgia Reports, Codes and Acts and Colonial, Revolutionary and Confederate Records. Compiling records. For the State Board of Health, the sum of thirty thousand five hundred ($30,500.00) dollars; that an itemized statement of the amounts received from all sources and to whom paid and amount paid shall be made to the Legislature as now provided for such other appropriations by said board. Board of Health. For the Geological Department, for the maintenance of the Geological Department of the State of Georgia and for printing reports of said departments, the sum of fifteen thousand five hundred ($15,500.00) dollars, or so much thereof as may be needed, provided, that the State Geologist shall require the acting chemist of the department, free of charge, to assay ores and analyze any specimens taken from the soil of Georgia of clay, kaolin, cement or other geological specimens that may be sent by any citizen of the State with a view to ascertaining the commercial value of such ores, clay, kaolin, cement, or other specimens. Geological Department. The State Geologist shall furnish any citizen a statement giving the result of such assay for analysis free of charge, and report shall be made to the Legislature of the amount received and amount expended and to whom paid. Assays free. For the State Constabulary or Home Guard, or State Militia, the sum of thirty thousand ($30,000.00) dollars. This sum to be used by the Governor, in his discretion, in establishing and maintaining and paying for riot duty of said State Constabulary or Home Guard; and the Governor shall apportion said fund between the said State Constabulary or Home Guard and the State Militia as he shall deem best and proper. All funds herein provided for which are not used for the purposes herein set out shall be returned to the general treasurer. Constabulary and militia. To the Military Department of the State, for the exclusive use of the State Council of Defense as created by the present session of the General Assembly, the sum of twenty-five hundred ($2,500.00) dollars, or so much thereof

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as may be necessary, to be used as provided in the Act creating said Georgia Council of Defense and to be paid out only on the warrant of the Governor, drawn for that purpose. Council of Defense. SEC. 8. Bt it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for the fiscal year 1918, for the following purposes necessary for the support of the State government, to-wit: For the payment of the actual expenses of the Directors of the Georgia Experiment Station, to be paid upon presentation to the Governor, of properly certified vouchers, the sum of eight hundred ($800.00) dollars, or so much thereof as may be necessary. Experiment Station. For the ordinary repairs of public buildings, to purchase coal, wood, lights, furniture, for the Executive Mansion and the various departments of the State government, to pay the hire of engineers, guards, watchmen, servants, at the Mansion, and such porters for the various departments as the Governor may employ, and for general expenses incident to the keeping in proper condition of the public buildings and grounds, and to hire such other labor as may be necessary, the sum of thirty thousand ($30,000.00) dollars. Out of this appropriation the sum of eighteen hundred ($1,800.00) dollars per annum shall be paid to the Keeper of Public Buildings and Grounds, as his salary. The Keeper of Public Buildings and Grounds is authorized to use the sum of twelve hundred ($1,200.00) dollars from the contingency fund for the payment of the salary of a clerk, which clerk shall be appointed by the Governor. The Governor shall require itemized accounts of all payments out of this fund before drawing warrants therefor; also, the further sum of twelve thousand ($12,000.00) dollars, to supply a deficiency in the said fund for the year 1917, which shall become available and payable during the year 1917. Public buildings; salaries, maintenance, and repairs. Itemized accounts. For the General Printing Fund, the sum of thirty-five thousand ($35,000.00) dollars, or so much thereof as may be needed. The Governor shall require itemized accounts

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of all the payments out of this fund before drawing warrants therefor. Printing fund. For the General Printing Fund, to supply a deficiency for the year 1917, the sum of twenty thousand ($20,000.00) dollars, which shall become available and payable during the year 1917; that the State Printing Committee shall make a report to the Legislature of all the amounts received and all the amounts paid out, to whom paid for public printing; that a special committee of three be named, two from the House, to be named by the Speaker, and one from the Senate, to be named by the President of the Senate, to verify the unpaid printing bills before this appropriation becomes available. Deficiency. For the Reward Fund for the payment of rewards earned for the arrest of fugitives from justice, after Executive proclamations offering such rewards, the sum of three thousand ($3,000.00) dollars, or so much thereof as may be needed. Reward fund. To continue the work of the Roster Commission in their compiling of the Confederate Roster Rolls, the sum of forty-six hundred ($4,600.00) dollars. Roster commission. For salary of Factory Inspector of Department of Commerce and Labor, authorized by Act of the General Assembly approved August 19, 1916, twelve hundred ($1,200.00) dollars. Factory Inspector's salary. SEC. 9. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated to pay the recognized valid debts of the State as follows, to-wit: One hundred thousand ($100,000.00) dollars on bonds maturing January 1, 1918, to be paid out of the Sinking Fund. Public Debt. To pay the interest on the recognized valid debts of the State, maturing in 1918, the sum of $244,687.50; provided, that if this amount shall be found to be inadequate, then the Governor is authorized to draw his warrant on the treasury for whatever amount is actually needed to pay the accrued interest on such bonds as fall due in 1918; which necessary amount may be taken from any funds available. Interest.

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SEC. 10. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be made to persons or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. Payments from specified funds. SEC. 11. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State House Officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased directly or indirectly by payments of additional funds from the contingent fund or any other fund to such officers, their clerks or other persons, by way of extra compensation or for extra service, or for extra assistance * * Note by Compiler.The following words, appearing in appropriation acts of previous years, are omitted from this act as engrossed and enrolled, viz.: rendered to such officers in any department of said government; and should extra service or assistance become necessary to said officers in said departments, the same shall be paid out of the amounts respectively appropriated by this Act for salaries of the various State House Officers and for the clerical expenses of said officers; nor shall any money be paid from any fund to any officer or person as a salary or otherwise unless the same is authorized by law, audited by the Comptroller-General, and the money duly appropriated therefor. No increase for extra services, etc. SEC. 12. Be it further enacted, That the Governor, the Attorney-General, the State School Commissioner, one member of Senate, to be appointed by the President of the Senate, and one member from the House, to be appointed by the Speaker, shall meet prior to the convening of the General Assembly, at which the General Appropriation Act is to be passed, and go into the legality of all appropriations usually carried in said Act; investigate the needs of the different departments to which appropriations are made, and make a report with recommendations for appropriations for ensuing year. Investigation and recommendation committee. SEC. 13. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1917.

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SOUTH GEORGIA NORMAL COLLEGE; FOR COMPLETING BUILDING. No. 146. An Act to appropriate to the University of Georgia for the use of the South Georgia Normal College, located at Valdosta, the sum of twelve thousand five hundred dollars ($12,500.00), for the purpose of completing the college building partly constructed, 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 twelve thousand and five hundred ($12,500.00) dollars be and the same is hereby appropriated to the Trustees of the University of Georgia, for the purpose of finishing and completing the college building at the South Georgia Normal College at Valdosta, which said college building is the property of the State; provided that said money and no part of it shall be used for any other purposes. Amount. Purpose. 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 18, 1917. FIFTH DISTRICT AGRICULTURAL AND MECHANICAL SCHOOL; FOR GIRLS' DORMITORY. No. 152. An Act to appropriate the sum of ten thousand ($10,000.00) dollars for the year 1918 and ten thousand ($10,000.00) dollars for the year 1919, for the building of a Girls' Dormitory and equipping the same, upon the campus of the Fifth District Agricultural and Mechanical School, located at Monroe, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of ten thousand ($10,000.00) dollars for the year 1918 and ten thousand ($10,000.00) dollars for the year 1919, be and the same is hereby appropriated to the Trustees of the Fifth District Agricultural and Mechanical School for the purpose of building and equipping a Girls' Dormitory on the campus of the Fifth District Agricultural and Mechanical School at Monroe, Georgia. Amounts for 1918 and 1919. Purpose. 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 Fifth 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 ten thousand ($10,000.00) dollars on the first day of February, 1918, and for ten thousand ($10,000.00) dollars on the first day of February, 1919, for the erection of said Girls' Dormitory and the equipping of the same; and the Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of the said requisition 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. How drawn Available when. 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 18, 1917. THIRD DISTRICT AGRICULTURAL AND MECHANICAL SCHOOL; FOR HEATING BUILDING. No. 185. An Act to appropriate the sum of five thousand dollars, or so much thereof as may be necessary for equipping and installing a heating plant in the Academic Building of the Third District Agricultural and Mechanical

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School, located at Americus, Ga., and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of five thousand dollars, 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 equipping the Academic Building and installing a heating plant in said Academic Building, located on the campus of said Third District Agricultural and Mechanical School at Americus, Ga. Amount. Purpose. 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 empowered and authorized to make requisitions upon the Governor of the State for five thousand dollars, or any part thereof, for the purpose of equipping said building and installing said heating plant, and the said Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of said requisition so made by the board of trustees; and the Treasurer is directed to pay the same out of any funds in the treasury available for this purpose. How drawn. 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 20, 1917. TECHNOLOGICAL SCHOOL POWER PLANT. No. 238. An Act to appropriate $30,000 to the Trustees of the University of Georgia, for the use of the School of Technology, for the purpose of completing and putting in

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operation the power plant of the School of Technology, 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, Whereas, The citizens of Atlanta and other portions of the State have contributed to the erection of the power plant (for) the School of Technology, the sum of about $100,000, and there having been contributed to said power plant by manufacturers and others machinery and equipment of the value in the aggregate of about $125,000, all of which donations and contributions have become and are now the property of the State; and, Preamble. Whereas, There is still absolutely necessary for the final completion and putting in operation of said plant, the sum of $30,000, in order that said plant may be available and of service to the School of Technology; Therefore, The sum of $30,000 is hereby appropriated to the Trustees of the University of Georgia, for the use of the School of Technology, to be used in and about and for the purpose of completing and finishing said power plant and render and make it available and of use to the School of Technology, and which said amount shall be used for no other purpose. Amount. 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 21, 1917. WESTERN ATLANTIC RAILROAD COMMISSION. No. 225. An Act to appropriate the sum of five thousand ($5,000.00) dollars for expenses of the Western Atlantic Railroad Commission in completing its work under the Lease Act of 1915.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That the sum of five thousand ($5,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of paying the expenses of the Western Atlantic Railroad Commission in the completion of its work under the Act of the General Assembly approved November 30th, 1915, entitled An Act to provide for the leasing or other disposition of the Western Atlantic Railroad and its properties, etc.; the said sum to be drawn and expended as provided in said Act, the said sum being in addition to the original appropriation for carrying out the provisions of this Act. Amount. How drawn and expended. 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 20, 1917.

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TITLE II. AMENDMENTS TO CONSTITUTION. ACTS. Art. 6, sec. 13, par. 1. Supreme Court, Court of Appeals, and superior court judges; salary increase. Art. 7, sec. 2, par. 2. Tax exemption of school endowments. Art. 11, sec. 1, par. 2. Atkinson County, for creating. Treutlen County, for creating. SUPREME COURT, COURT OF APPEALS, AND SUPERIOR COURT JUDGES; SALARY INCREASE. No. 258. An Act to amend paragraph 1, of section 13, of article 6, of the Constitution of Georgia, in so far as the same relates to salaries of the Justices of the Supreme Court and of the Judges of the Court of Appeals, and of the Judges of the Superior Courts, so as to fix the salaries of the Justices of the Supreme Court at $5,000.00 each per annum, and the salaries of the Judges of the Court of Appeals at $5,000.00 each per annum, and the salaries of the Judges of the Superior Courts at $4,000.00-each per annum, provided that the Counties of Clarke, Floyd, Sumter, Muscogee, Bibb, Chatham, Fulton, and Richmond shall supplement the salaries of the judges of the circuits embracing said counties as is now provided in the Constitution; and provided, further, that the County of Fulton shall supplement the salary of the judge of the Stone Mountain Circuit, or the judge of any other circuit who may hereafter be required to regularly preside in Fulton County, as is now provided in the Constitution; and to provide for the submission of the amendment to the qualified voters of the State for ratification, and, if ratified, that the salaries of the officers thereby fixed shall begin from and after the ratification of the amendment, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of State of Georgia, and it is hereby enacted by authority of the same, That paragraph 1, of section 13, of article 6, of the Constitution of the State of Georgia, relating to salaries of the Justices of the Supreme Court and of the Judges of the Court of Appeals, and of the Judges of the Superior Courts, be and the same is hereby amended by striking therefrom all provisions fixing the amount of salaries of the Justices of the Supreme Court, and of the salaries of the Judges of the Court of Appeals and of the salaries of the Judges of the Superior Courts, and the words but the provisions of this section shall not affect the salaries of those now in office, and providing in lieu thereof as follows: The Justices of the Supreme Court each shall have out of the Treasury of the State salaries of $5,000.00 per annum; the Judges of the Court of Appeals each shall have out of the Treasury of the State salaries of $5,000.00 per annum; the Judges of the Superior Courts each shall have out of the Treasury of the State salaries of $4,000.00 per annum, provided, however, that the Counties of Clarke, Floyd, Sumter, Muscogee, Bibb, Chatham, Fulton, and Richmond shall supplement from their respective county treasuries the salaries of the judges of the circuits of which they are a part by such sum as will be necessary, with salaries paid each of said judges from the State Treasury, to make a salary of $5,000.00 each per annum of such judges; and such payments are declared to be a part of the court expenses of said counties, and such payments shall be made to the judges now in office as well as to their successors. Provided, further, that the County of Fulton shall supplement the salary of the judge of the Stone Mountain Circuit or the judge of such other circuit as may be hereafter required to regularly preside therein, for additional services rendered in the Superior Court of said county, such sums as will, with the salary paid such judge from the State Treasury, make a salary of $5,000.00 per annum; said payments are declared to be a part of the court expenses of Fulton County, such payments to be made to the judge now in office as well as to his successors.

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The provisions of this amendment shall become effective and the salaries herein provided for shall begin from the ratification of this amendment as provided in the second section hereof, and shall apply to incumbents in the several offices as well as to their successors. Art. 6, sec. 13, par. 1, to be amended. Amounts of salaries. Proviso. Effective when. SEC. 2. Be it further enacted, That if this amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their journals, with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for at least two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and all persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to paragraph 1, of section 13, of article 6, of the Constitution fixing salaries of the Justices of the Supreme Court, and of the Judges of the Court of Appeals, and of the Judges of the Superior Courts, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to paragraph 1, of section 13, of article 6, of the Constitution fixing salaries of the Justices of the Supreme Court, and of the Judges of the Court of Appeals, and of the Judges of the Superior Courts; and if a majority of the electors qualified to vote for the members of the next General Assembly, voting, shall vote in favor of the ratification as shown by the consolidation and by the returns made as now provided by law in elections for members of the General Assembly, then said amendment shall become a part of paragraph 1, of section 13, of article 6, of the Constitution of this State, and the Governor, shall make proclamation thereof. Publication. Popular vote. Ballots. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. Approved August 21, 1917.

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TAX EXEMPTION OF SCHOOL ENDOWMENTS. No. 203. An Act to amend paragraph two (2), section two (2), article seven (7), of the Constitution of the State of Georgia, so as to permit the exemption from taxation by the General Assembly of the endowment of colleges and incorporated academies and other seminaries of learning, when the same is not invested in real estate, and when such colleges, incorporated academies or other seminaries of learning are open to the general public, provided, further, that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That paragraph two (2), section two (2), article seven (7), of the Constitution of the State of Georgia be and the same is hereby amended by inserting in the fifth (5) line thereof, as the same is set forth in section 6554 of the Code of the State of Georgia, after the words seminary of learning, the words, and also all funds or property held or used as endowment by such college, incorporated academies or seminaries of learning, provided the same is not invested in real estate, and provided, further, that said exemption shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public, provided, further, that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people, so that said paragraph two (2), section two (2), article seven (7), of the Constitution, when amended, shall read as follows: Art. 7, sec. 2, par. 2, to be amended. Added words. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all buildings

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erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemption shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public, provided, further, that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus; and all paintings and statuary of any company or association, kept in a public hall, and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for purposes of private or corporate profit or income. To be read as amended SEC. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds vote of the members elected to each House it shall be entered upon the journal of each House with the yeas and nays thereon and published in one or more newspapers in each Congressional District in said State for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to paragraph two (2), section two (2), article seven (7), of the Constitution, authorizing the exemption from taxation of endowments of institutions of learning when not invested in real estate and when such institutions are open to the general public, provided, further, that all endowments to institutions established for white people shall be limited to white people and all endowments to institutions established for colored people shall be limited to colored people, and

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all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to paragraph two (2), section two (2), article seven (7), of the Constitution, authorizing the exemption from taxation of endowments of institutions of learning when not invested in real estate and when such institutioins are open to the general public, provided, further, that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people; and if the majority of the electors qualified to vote for the members of the General Assembly, voting threon, shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Publication. Popular vote. Ballots. 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 21, 1917. ATKINSON COUNTY, FOR CREATING. No. 180. An Act to propose to the qualified electors of this State an amendment to paragraph 2, section 1, article 11, of the Constitution of the State of Georgia, as amended by the ratification by the qualified electors of this State of the Acts approved July 19, 1904, July 31, 1906, July 30, and August 14, 1912, July 7, 17, 27 and August 11, 1914, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That the following amendment is hereby proposed to paragraph 2, section 1, article 11, of the Constitution of the State of Georgia, as amended by the ratification by the electors of said State of the Acts approved July 19, 1904, July 31, 1906, July 30 and August 14, 1912, July 7, 17, 27 and August 11, 1914, to-wit: By adding to said paragraph the following language: Provided, however, That, in addition to the counties now provided for by this Constitution, there shall be a new county laid out and created from territory embraced in Coffee and Clinch Counties within the following boundary lines: Beginning at the point where the southern boundary line of lot of land No. 334, in the fifth land district of Coffee County, intersects the middle of the run of Willacoochee Creek, then follow said land line directly east to the southeast corner of lot of land No. 15, in the sixth land district of Coffee County; thence south along the eastern boundary of lot of land No. 16, in the sixth land district of Coffee County to the southwest corner of said lot of land; thence along the land line directly east to where it intersects the middle of the run of the Satilla River; thence, in a southeasterly direction along the run of the said Satilla River to where the same intersects the northern boundary of lot of land No. 250, in the sixth (6) land district, thence directly east along said line to where it intersects the Ware County line; thence in a southerly direction along the Ware County line to the southeast corner of lot of land No. 234, in the seventh land district of Clinch County; thence directly westward along the land line of said lot of land No. 234 on the south, to where it intersects the middle of the run of Alapaha River; thence in a northerly direction along the middle of the run of the Alapaha River to the mouth of Willacoochee Creek; thence along the middle of the run of Willacoochee Creek to point of beginning. That said new county shall be known as Atkinson County, and the City of Pearson shall be the county seat thereof. That said Atkinson County shall be attached to the eleventh Congressional District, the Waycross Judicial Circuit and the fifth Senatorial District. That all the legal voters residing

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within the limits of the County of Atkinson, entitled to vote for members of the General Assembly under the Laws of Georgia, on the first Wednesday in December following the ratification of this proposed amendment, shall elect an ordinary, a clerk of the Superior Court, sheriff, coroner, tax-collector, tax-receiver, county surveyor and county treasurer for said new county, said election to be held at the militia district court-houses at Willacoochee, Pearson and Axson, in the manner now provided by law for holding elections for county officers, and said county officers-elect shall qualify and enter upon the discharge of their respective duties on the first day of January following their election, and shall hold their offices for a term of two years or until their successors shall be duly elected and qualified. That the Superior Courts of said Atkinson County shall be held on the fourth Mondays in January and June of each year. That the Congressional and Senatorial Districts, the judicial circuit to which said County of Atkinson is attached, the time of holding the terms of the Superior Courts, and the limits of the county, shall remain as designated above until the same shall be changed by law. Provided, That the laws applicable to the organization of new counties, found in sections 829 to 848, inclusive, Code of 1911, are hereby made applicable to the County of Atkinson whenever the same may be created by the proposed amendment to the Constitution, and that said county, when created, shall become a statutory county, and shall be at all times subject to all laws applicable to all other counties in this State. Art. 11, sec. 1, par. 2, to be amended. Added words. Boundaries of new county. Name and site. Districts and circuit. Election of officers. Superior court terms. Laws made applicable SEC. 2. Be it further enacted by the authority aforesaid, That whenever the proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause the proposed amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general

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election, and the Governor is further authorized and instructed to provide for the submission of the amendment proposed for ratification or rejection to the electors of the State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment shall have written or printed on their ballots the words: For the amendment to the Constitution creating the County of Atkinson; and all persons opposed to the adoption of the proposed amendment shall have written or printed on their ballots the words: Against the amendment to the Constitution creating the County of Atkinson. If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for the ratification of the proposed amendment, then the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the manner as in cases of election for members of the General Assembly, to count and ascertain the result, and issue his proclamation, for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified. Publication. Popular vote. Ballots. Approved August 15, 1917. TREUTLEN COUNTY, FOR CREATING. No. 250. An Act to propose to the qualified electors of this State an amendment to paragraph two (2), section one (1), article eleven (11), of the Constitution of this State. The following amendment is proposed by the House of Representatives and Senate of Georgia to paragraph two (2), section one (1), article eleven (11), of the Constitution of this State; the same being an Act to lay out and create a new county from portions of Montgomery and Emanuel Counties to be named and to be known as

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Treutlen County with the Town of Soperton as the county seat. SECTION 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to paragraph two (2), section one (1), article eleven (11), of the Constitution of this State as follows: That in addition to the counties heretofore existing in this State, created by the General Assembly, and those created by amendments to the above and foregoing paragraph, section and article of the Constitution of this State, there is hereby created an additional county, which county, when created, shall be known as Treutlen County. The territory for the formation of the said County of Treutlen shall be taken from the Counties of Montgomery and Emanuel, and the said territory so taken for the formation of said County of Treutlen shall be included within the following described boundaries, to-wit: Starting at a point on the east side of the Oconee River where Red Bluff Creek empties into the Oconee River and running up said Red Bluff Creek to a point where the river road crosses Red Bluff Creek, thence on a straight line in a northeasterly direction to Wixtrum's Bridge on Pendleton Creek, said Pendleton Creek being the present line between Montgomery and Emanuel Counties, thence in a northerly direction from Wixtrum's Bridge on Pendleton Creek to Moore's Bridge on the Ohoopee River; the public road from Wixtrum's Bridge leading to Swainsboro being the line to said Moore's Bridge on the Ohoopee River; thence up the run of the Ohoopee River from Moore's Bridge to McLemore's Bridge where the Savannah and Dublin public road crosses the Ohoopee River; thence in a westerly direction along said Savannah and Dublin public road to where said public road crosses the county line between Laurens and Emanuel Counties, thence in a southwesterly direction along the county line between the present Counties of Emanuel and Laurens to Pendleton Creek; thence along the county line between Laurens and Montgomery Counties to Mercer's Creek; thence down Mercer's creek in a southwesterly direction to where Mercer's Creek empties into the Oconee

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River; thence down the Oconee River to the mouth of Red Bluff Creek, at the starting point. That if the said county is created the county seat shall be at the Town of Soperton now in the County of Montgomery. That if this amendment shall be ratified by the people when the same is submitted to them for their ratification, then, on the first Wednesday in December, 1918, an election shall be held for the election of county officers herein named to serve in and for said new county; that said election shall be at the said election precincts existing within the limits of said proposed new county at the time this amendment shall take effect, and be held during the hours now fixed by law for holding elections, and all legally qualified voters residing in the territory included in the limits of said proposed new county shall be qualified to vote at said election for said officers, and the ordinaries of the several counties in which the election precincts are located within the limits of the said proposed new county at the time this amendment is to take effect shall each appoint the election managers for the precincts in the county in which he exercises jurisdiction as ordinary, and said managers shall take and subscribe the oath now prescribed by law; and the election managers shall on the day succeeding the election meet at the Town of Soperton, the place herein designated as the county seat of said proposed new county, and consolidate the vote cast at said election at such place within the limits of said Town of Soperton as shall be designated by the judge of the Superior Courts of the Oconee Circuit whose duty it is hereby made to designate a meeting place for said election managers within the corporate limits of said Town of Soperton; and the general law of this State now in force as to the consolidation of votes, the return of the election, and the commission of the officers shall be applicable to such special election herein provided for. The officers to be elected at said election shall be an ordinary, clerk of the superior court, sheriff, tax-collector, tax-receiver, coroner, county surveyor, county treasurer, county superintendent of education and member of the General Assembly; that the persons who shall be elected to fill said

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offices at said election shall be commissioned as now required by law, and the laws now in force in this State in regard to commissions for officers and the bonds required of them shall be applicable to the officers so elected, and they shall hold their offices until the next general election for county officers and until their successors are elected and qualified. The General Assembly is hereby given power to create any statutory offices or statutory courts and provide for filling the same. Vacancies that may occur before the next general election in any of said offices shall be filled as now provided by law. That said new county, when created, shall become a part of the twelfth Congressional District and sixteenth Senatorial District, and shall be included in the Oconee Judicial Circut, and a Superior Court for said county is hereby created, which court shall have the same jurisdiction as now provided by law for the Superior Courts of this State; that the said court until otherwise changed by law shall be held on the third Mondays of February and August of each year, but the General Assembly is hereby expressly given the power to change the terms of said court and to increase the number thereof; that the justices of the peace and constables residing within the territory included within the new County of Treutlen shall exercise the duties and powers of their offices until new militia districts are laid out for said County of Treutlen as now provided by law. That the provisions of Chapter 13 of the Code of 1910 are hereby made applicable to said proposed County of Treutlen, and that all the general laws of this State in reference to holding elections for the purpose of creating debt, and that the said proposed County of Treutlen shall, when created, become in all respects a statutory county, and shall be governed by all laws now in force in this State relating to counties and county affairs, and shall be subject to the legislative control of this State, and the Legislature of this State is hereby given power to enact laws in reference to said county in the same manner and the same extent that they have the power to legislate as to the other counties now existing in this State; that the property of all taxpayers included within the

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limits as herein defined of the said proposed County of Treutlen is hereby made chargeable with any debt that may have been incurred by any of the counties from which the territory included in the new county is taken by the legally constituted authorities of the county for the purpose of raising revenues for the benefit of either of said counties, whether the said debt is a bonded debt or one which has been incurred for the benefit in any way of either of the counties. The value of the taxable property included in the said County of Treutlen at the time of the adoption of this amendment to the Constitution, in proportion to the value of he property left in the counties from which the said County of Treutlen is taken, shall determine the proportionate amount of the debt which shall be put upon the property of the taxpayers located in said proposed new county. Authority is hereby given to the ordinary of the said County of Treutlen and to the officers of the counties from which said territory is taken who are charged with the management of the business of the said counties to settle and agree upon an amount of the said indebtedness that shall be assumed and paid by the said County of Treutlen; and it is hereby made the duty of the ordinary of said County of Treutlen when the amount of said debt is so ascertained to cause a tax to be levied upon all the property within the limits of the said County of Treutlen of such per cent. as will be sufficient to discharge said debt; and in the event of the failure or refusal of the ordinary of Treutlen County to levy such tax it shall be the duty of the judge of the superior court of the ircuit of which the said County of Treutlen forms a part, to compel the ordinary of the County of Treutlen to perform the duty herein required of him. In the event of the failure of the authorities of the said County of Treutlen to ascertain the proportionate part of said debt the said County of Treutlen is hereby required to pay, or in the event the authorities of the counties fail to agree upon the amount of said debt, then either of said counties may bring a suit against the said County of Treutlen in the Superior Court of said county for the purpose of having the proportion of

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said debt so assumed by the said County of Treutlen to be ascertained, and the said court is hereby given power to enforce whatever judgment may be had as the result of said trial by compelling the ordinary of said county to levy a tax for the payment of said debt. Art. 11, sec. 1, par. 2, to be amended. Name. Boundaries. Site. Election of officers. Districts and circuit. Superior Court terms. Laws made applicable. Debt chargeable. Tax value of property. SEC. 2. That section 846 of the Code of 1910, in reference to the registration of voters, is hereby expressly made applicable to said county, and in addition to the provisions contained in said section, it is hereby made the duty of the ordinaries of the several counties in the territory included in said county to furnish to the election managers the names of all persons legally registered and who reside in the territory included in the said County of Treutlen and who are qualified to vote according to the laws of this State. Law applied. SEC. 3. The Governor is hereby directed and required to submit this proposed amendment to the people of this State for their ratification or rejection at the next general election to be held on Tuesday after the first Monday in November, 1918, and it shall be his duty to cause this proposed amendment to be advertised in at least one paper in each Congressional District in this State at least two months before said general election. If a majority of the legally qualified voters voting at said election shall ratify this proposed amendment, then it shall become a part of the Constitution of this State when the vote is certified by the Secretary of State to the Governor that a majority of the legally qualified voters voting at said election have voted in favor of its adoption and the Governor shall issue his proclamation to that effect. Popular vote on ratification. SEC. 4. The form in which this proposed amendment shall be submitted to the people for their ratification or rejection shall be as follows: Those voting for this amendment shall have written or printed on their ballots the words: In favor of the ratification of the amendment to paragraph 2, section 1, article 11, of the Constitution, creating the County of Treutlen, and those opposed to the ratification of this amendment shall have written or printed

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on their ballots the words: Against the ratification of the amendment to paragraph 2, section 1, article 11, of the Constitution, creating the County of Treutlen. Ballots. Approved August 21, 1917.

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TITLE III. CODE AMENDMENTS. ACTS. Civil 1065. Tax Returns on Mines and Plantations Between Counties. 1534. Tax Receiver's Commissions on Local School Tax. 1973. Salaries of Geologist and Assistants. 2632. Railroad Carriage Rates; Notice of Schedules, etc. 2792. Conditional-Sale of Lease Contracts for Railroad Equipment; How Attested. 2817. Trust Companies, Guaranty of Titles by. 2818. Trust Companies; Number of Trustees. 6165. Supersedeas Bonds, Time of Filing. Penal 414-416. Sunday Freight-Trains; Suspending Law. TAX RETURNS ON MINES AND PLANTATIONS ON LINES BETWEEN COUNTIES. No. 237. An Act to repeal section 1065 of the Civil Code of Georgia, providing that taxes on mines and plantations on county lines shall be returned in the county where most of the improvements are located or in the county which the owner may elect, and for 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 1065 of the Civil Code of Georgia, which provides that the returns for taxation on mines and plantations on the line between two counties shall be made in the county where most of the improvements are located or in the county where the owner may elect, be and the same is hereby repealed. C. C. sec. 1065 repealed. Sec. 146 Ga. 75, 601. 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 21, 1917.

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TAX-RECEIVERS' COMMISSIONS ON LOCAL SCHOOL TAX IN CERTAIN COUNTIES. No. 158. An Act to amend section 1534 of the present Code of Georgia, as amended by the Act approved July 18th, 1916, so as to provide that the county tax-receiver of tax returns in counties having not less than eighty thousand and not more than one hundred and twenty-five thousand population shall receive commissions from the local school tax collected. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 1534 of the Code of Georgia be and the same is hereby amended by adding at the end thereof the following: Provided, further, that in all counties having a population of not less than eighty thousand and not more than one hundred and twenty-five thousand inhabitants, the county receiver of tax returns shall receive a commission of 1 1-4 per cent. for all services concerning the returns of property for said tax, which commission shall be payable by the tax-collector out of said funds and not otherwise. C. C. sec. 1534 amended. Commission payable. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1917. SALARIES OF GEOLOGIST AND ASSISTANT. No. 253. An Act to amend section 1973, volume 1, of the Code of Georgia of 1910, as to salaries of the State Geologist and assistant, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section nineteen hundred and seventy-three, volume 1, of the Code of Georgia of 1910, be and

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the same is hereby amended by striking from the second line of said section the word twenty and inserting in lieu thereof the word thirty, and by striking from the last line of said section the words fifteen hundred and inserting in lieu thereof the words two thousand, so that the amended section shall read as follows: The salary of the State Geologist shall be thirty-five hundred dollars per annum, and each assistant shall receive such salary per annum as shall be determined by the advisory board of the Geological survey on recommendation of the State Geologist, provided that each assistant shall not receive more than two thousand dollars per annum. C. C. sec. 1973 amended. Salaries increased. 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 21, 1917. RAILROAD CARRIAGE RATES; PUBLICATION OF NOTICE OF SCHEDULES, ETC. No. 217. An Act to amend section 2632 of the Civil Code of Georgia, volume 1, 1910, by striking from said section the following language, to-wit: to cause publication thereof to be made one time in some public newspaper published in the Cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome, Columbus, Americus, and Athens, in this State, and at a rate not to exceed fifty cents per square of usual advertising space, when less than a column is occupied; not more than twelve dollars per column when so much space as a column is occupied by inserting any schedule or change of any schedule; so that said newspaper shall not charge for such advertising any rate in excess of that allowed for county legal advertising, and by substituting in lieu of said language so stricken the following, to-wit: to give notice of such schedule, amendment, or revision,

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by circulars, tariff publications, its annual reports, or in such other manner and form as it deems advisable or necessary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 2632 of the Civil Code of Georgia, volume 1, 1910, be and the same is hereby amended by striking therefrom the following language, to-wit: to cause publication thereof to be made one time in some public newspaper published in the Cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome, Columbus, Americus, and Athens, in this State, and at a rate not to exceed fifty cents per square of usual advertising space, when less than a column is occupied; not more than twelve dollars per column when so much space as a column is occupied by inserting any schedule or change of any schedule; so that said newspaper shall not charge for such advertising any rate in excess of that allowed for county legal advertising, and substitute in lieu of such language so stricken the following, to-wit: to give notice of such schedule, amendment, or revision, by circulars, tariff publications, its annual reports, or in such other manner and form as it deems advisable or necessary; so that code section, when amended, shall read as follows: Publication of Rates. When any schedule shall have been made or revised as aforesaid, it shall be the duty of said commission to give notice of such schedule, amendment or revision, by circulars, tariff publications, its annual reports, or in such other manner and form as it deems advisable or necessary. And after the same shall be so published, it shall be the duty of all such railroad companies to post at all of their respective stations, in a conspicuous place, a copy of said schedule for the protection of the people: Provided, that the schedules thus prepared shall not be taken as evidence as herein provided until schedules have been prepared and published as aforesaid, for all the railroad companies now organized under the laws of this State, or that may be organized at the time of such publication; and all such schedules purporting to be printed and published as aforesaid shall be received and

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held in all such suits as prima facie the schedules of such commissioners, without further proof than the production of the schedules to be desired to be used as evidence with a certificate of the railroad commission, that the same is a copy of the schedule prepared by them for the railroad company or corporation therein named, and that the same has been duly published as required by law. C. C. sec. 2632 amended. Read. Notice, how given. 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 21, 1917. CONDITIONAL-SALE OR LEASE CONTRACTS FOR RAILROAD EQUIPMENT; HOW ATTESTED. No. 257. An Act to amend section 2792 of volume 1 of the Code of Georgia of 1910, so as to provide that contracts for the conditional sale or lease of railroad stock or equipment, made and executed without the State of Georgia, may be executed in the presence of and attested by, or may be proved before, a notary public having authority to act as such in this State, or other jurisdiction with the United States where the contract is made. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 2792 of the Code of Georgia of 1910 be and the same is hereby amended by inserting after the word Georgia in the tenth line of said section the following words, to-wit: a notary public having authority to act as such in the State or other jurisdiction within the United States where the contract is made, so that said section, when so amended, shall read as follows: C. C. sec. 2792 amended. SECTION 2792. Validity and record of contracts. Every such contract hereby authorized shall be good, valid, and effectual to retain the title to said property in [Illegible Text] vendor

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or lessor, or in his or its assigns, as against the said vendee or lessee, and against all persons claiming thereunder. Such contracts, if made within this State, shall be executed in the presence of, and attested by, or be proved before a notary public, or justice of any court in this State, or a clerk of the superior court. If made without this State, it shall be executed in the presence of, and attested by, or proved before a commissioner of deeds for the State of Georgia, a notary public having authority to act as such in the State, or other jurisdiction within the United States where the contract is made, or a consul or vice-consul of the United States (the certificates of the foregoing officers, under their seals, being evidence of the fact), or by a judge of a court of record in the State where executed; such contract shall be recorded, within six months after the date of its execution, in the office of the clerk of the superior court of the county where is situated the principal office, in this State, of the said railroad company. Each locomotive engine and each car so sold or contracted to be sold or leased, as aforesaid, shall have the name of the vendor or lessor, or the assignee of such vendor or lessor, plainly placed or marked on the same, or be otherwise so marked as to plainly indicate the ownership thereof. Read. Attested in State. Out of State. 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 21, 1917. TRUST COMPANIES, GUARANTY OF TITLES BY. No. 201. An Act to amend section 2817 of the Civil Code of Georgia of 1910, relative to the corporate powers and functions of trust companies, by providing that such companies may engage in the business of guaranteeing the payment of bonds and notes secured by mortgage or deed

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to real estate within the State of Georgia, and by providing on what conditions said corporations may engage in the business aforesaid, and also by providing that such companies may engage in the business of certifying to the ownership of title to real property or furnishing information relative thereto, or of guaranteeing such titles, or of guaranteeing owners of real property or other persons interested therein against loss by reason of defective titles or incumbrance thereon, or adverse claim of title; and by providing on what conditions said corporations may engage in the business aforesaid, by providing that such companies must, before they may engage in either one of the classes of business aforesaid, set apart and maintain a guarantee fund, and providing for the investment of said fund, and for a custodian of such fund on the securities evidencing the same; and by requiring reports to be made to the State bank examiner, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2817 of the Civil Code of Georgia of 1910, relative to the corporate powers and functions of trust companies, be amended by adding after paragraph 12 of said section the following paragraphs, to-wit: C. C. sec. 2817 amended. Paragraph 13. To engage in the business of guaranteeing the payment of bonds and notes secured by mortgage or deed to real estate within the State of Georgia, provided that every such company must, before it may issue any such guarantee, set apart an amount of not less than one-third of its capital and surplus and not less than $50,000.00 in any case, as a guaranty fund, which said guaranty fund shall be maintained unimpaired as long as any guaranty is outstanding. Guaranty of bonds. 14. To engage in the business of certifying to the ownership of title to real property, or furnishing information relative thereto, or of guaranteeing such titles, or of guaranteeing owners of real property or other persons interested therein against loss by reason of defective titles or

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incumbrances thereon or adverse claim of title; provided that every such company must, before it may issue any title guarantee policy or guaranteed certificate of title, set apart an amount not less than one-third of its capital and surplus and not less than $50,000.00 in any case, as a guaranty fund, which said guarantee fund shall be maintained unimpaired so long as any title guarantee policies or guaranteed certificate of titles are outstanding, and further amended by adding at the end of said section the following paragraph, to-wit: Titles to realty. Every such company exercising the powers granted by paragraph 13, or those guaranteed by paragraph 14, aforesaid, may invest the guaranty fund therein provided for in legally issued bonds or securities of the United States, or of any State thereof, not estimated above their current market value, or in legally issued bonds, warrants or securities of any county, incorporated city or town, or school district in this State not estimated above par value; or in lawful bonds and notes secured by mortgage or deed creating first lien on real estate within this State, and where buildings constitute a material part of the value of the mortgaged premises they shall be kept insured against loss or damage by fire. Such guaranty fund and the securities evidencing the same from time to time shall be deposited with the State Treasurer or with some trust company or one of the State depositories selected by the company so depositing them and approved by the State Treasurer as custodian, said custodian giving proper receipts therefor. Investment of guaranty fund. Every such compay, exercising the powers granted by paragraph 13 or those granted by paragraph 14, aforesaid, shall make at least one report each year and oftener if called upon by the State bank examiner, in the same manner and subject to the same penalties as required of trust companies engaged in the banking business; so that said section as amended shall read as follows, to-wit: Reports 1. To make contracts. 2. To sue and be sued, complain and defend in any court as fully as natural persons. Read as amended.

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3. To act as the fiscal or transfer agent of any State, municipality, body politic, or corporation, and in such capacity to receive and disburse money and transfer, register and countersign certificates of stock, bonds, and other evidences of indebtedness. Powers stated. 4. To receive deposits of trust moneys, securities, and other personal property from any person or corporation and to loan money on real estate or personal securities. 5. To lease, purchase, hold and convey any and all real estate necessary in the transaction of its business or which the purposes of the corporation may require, or which it shall acquire in satisfaction or partial satisfaction of debts, due the corporation under sales, judgments, or mortgages, or in settlement or partial settlement of debts due the corporation by any of its debtors. 6. To act as trustee under any mortgage or bond issued by any government, State, municipality, body politic, or corporation and accept and execute any other municipal or corporate trust not inconsistent with the laws of this State. 7. To accept trust from and execute trust for married women in respect to their separate property, whether real or personal, and to be their agents in the management of such property or to transact any business in relation thereto. 8. To act under the order of appointment of any court of record as guardian, receiver or trustee of the estate of any minor, the annual income of which shall not be less than one hundred dollars and as depository of any moneys paid into the court, whether for the benefit of any such minor or any other person, corporation or part. 9. To take, accept and execute any and all such legal trusts, duties, and powers in regard to the holding, management, and disposition of any estate or property, real or personal, and the rents and profits thereof or the same thereof as may be granted or confided to it by the superior

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court, or by any other court of record, or by any other person, corporation, municipality, or other authority, and the said corporation shall be accountable to all parties in interest for the faithful discharge of every such trust, duty, or power which it may so accept. 10. To take, accept, and execute any and all such trusts and powers of whatever nature or description as may be conferred upon or entrusted or committed to said company by any person or persons or any body politic, corporation or other authority, by grant, assignment, transfer, devise, bequest or otherwise which may be entrusted, or committed or transferred to or invested in said company by order of the Superior Court or any other court of record, or any ordinary, and to receive and take and hold any property or estate real or personal which may be the subject of any such trust. 11. To purchase, invest in and sell stock, bills of exchange, bonds, and mortgages, and other securities; and when moneys or securities for moneys are borrowed or received on deposit or for investment, the bonds or obligations of the company may be given therefor, but nothing herein contained shall be construed as giving the right to issue bills to circulate as money. 12. To be appointed and accept the appointment of executor or of trustee under the last will and testament or administrator with or without the will annexed, of the estate of any deceased persons, and to be appointed and to act as the committee of the estate of lunatic, idiots, persons of unsound mind and habitual drunkards. 13. To engage in the business of guaranteeing the payment of bonds and notes secured by mortgage or deed to real estate within the State of Georgia; provided, that every such company must, before it may issue any such guarantee, set apart an amount of not less than $50,000 in any case, as a guaranty fund, which said guaranty fund shall be maintained unimpaired so long as any guaranty is outstanding.

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14. To engage in the business of certifying to the ownership of title to real property or furnishing information relative thereto, or of guaranteenig such titles or of guaranteeing owners of real property or other persons interested therein against loss by reason of defective titles or incumbrances thereon or adverse claim of title; provided that every such company must, before it may issue any title guarantee policy or guaranteed certificate of title, set apart an amount not less than one-third of its capital and surplus, and not less than $50,000 in any case, as a guaranty fund, which said guaranty fund shall be maintained unimpaired so long as any title guarantee policies or guaranteed certificates of titles are outstanding. No trust company organized under the provisions of this article shall exercise any of the rights and powers conferred until at least one hundred thousand dollars of the capital stock shall have been subscribed and paid in, nor shall such company receive deposits subject to check on demand or discount commercial paper unless and until such company shall have complied with the laws of this State regulating the incorporation of banks; but such company may acquire and exercise all the rights and privileges and be subject to the same liabilities and restrictions as apply to banks upon compliance with the laws of this State providing for the incorporation and regulating the business of banks. Every such company exercising the powers granted by paragraph 13, or those granted by paragraph 14, aforesaid, may invest the guaranty fund therein provided for in legally issued bonds or securities of the United States, or of any State thereof, not estimated above their current market value; or in legally issued bonds, warrants or securities of any county, incorporated city, or town, or school district in this State, not estimated above their par value, or their current market value; or in lawful bonds and notes secured by mortgage or deed creating first lien on real estate within this State, and where buildings constitute a material part of the value of the mortgaged premises they

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shall be kept insured against loss or damage by fire; such guaranty fund and the securities evidencing the same from time to time shall be deposited with the State Treasurer or with some trust company or one of the State depositories selected by the company so depositing them and approved by the State Treasurer, as custodian, such custodian giving proper receipts therefor. Every such company exercising the powers granted by paragraph 13 or those granted by paragraph 14, aforesaid, shall make at least one report each year, and oftener if called upon by the State bank examiner, and in the same manner and subject to the same penalties as required of trust companies engaged in the banking business. 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 21, 1917. TRUST COMPANIES; NUMBER OF TRUSTEES. No. 232. An Act to amend section 2818, article eight, chapter two, volume 1, of the Code of Georgia of 1910, providing for the organization and management of trust companies, by striking the word fifteen in the third line and the word fifteen in the seventh line of said section, and inserting in lieu thereof the word twenty-five in each of said lines, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2818, article 8, chapter 2, volume 1, of the Code of Georgia of 1910, be and the same is hereby amended by striking the word fifteen in the third line and the word fifteen in the seventh line of said section and inserting in lieu thereof the word twenty-five in each of said lines, so that said section when so amended shall read as follows: C. C. sec. 2818 amended.

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Section 2818. Trustees, their Election. The affairs of said company shall be managed and its corporate power exercised by a board of trustees of such number, not less than five or more than twenty-five, as shall from time to time be prescribed by its by-laws. The persons named in the declaration of organization shall constitute the first board of trustees of the said company, and may add to their number not exceeding the limit of twenty-five and shall severally continue in office until others are elected to fill their places. The election of trustees shall be held annually at the office of the company, in such a manner and at such time as shall be prescribed in the by-laws. In case of failure to elect on the day named, the shareholders may adjourn to another time, or, in the event of their failing to do so, the president may call a special meeting for the purpose of electing trustees, of which special meeting ten days' notice shall be given by publication in at least one newspaper of general circulation in the city in which said company is located. The vacancies occurring in the intervals of election shall be filled by the board of trustees. Read. 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 21, 1917. SUPERSEDEAS BONDS, TIME OF FILING. No. 256. An Act to amend section 6165 of the Civil Code of Georgia, 1910 edition, by adding at the end thereof certain provisions, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That from and after the passage of this Act section 6165 subdivision 1 of the Civil Code, 1910, of Georgia shall be amended as follows: By adding at the end of said section these words: If such bond is filed, and all cost there accrued paid, subsequently

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to the filing of the bill of exception, provided the same is done within ten days after the such bill of exception is filed, further proceedings under the judgment shall be stayed until a decision is had upon the bill of exceptions. C. C. sec. 6165 amended. Sec. 144 Ga. 701. Stay of judgment. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 21, 1917. SUNDAY FREIGHT-TRAINS; SUSPENDING LAW. No. 220. See this law under Title V, Miscellaneous, infra.

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TITLE IV. SUPERIOR COURTS. ACTS. Bacon Superior Court; terms changed. Bleckley Superior Court; terms extended. Chattahoochee Superior Court; terms changed. Clarke Superior Court; four terms. Coffee Superior Court; four terms. Dooly Superior Court; amending act. Irwin County Transferred from Cordele to Tifton Circuit. Miller Superior Court; terms reduced. Monroe Superior Court; four terms. Talbot Superior Court; terms changed. Taylor Superior Court; terms changed. Taylor, Talbot, and Chattahoochee Superior Courts; terms changed. Tift Superior Court; terms reduced. Twiggs Superior Court; terms reduced and times changed. Wheeler Superior Court; terms changed. BACON SUPERIOR COURT; TERMS CHANGED. No. 226. An Act to provide for two terms of the Superior Court of Bacon County; to prescribe the time of holding such courts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year two terms of the Superior Court in and for the County of Bacon, said State, and in the Waycross Judicial Circuit. Two terms SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall be held on the third Monday in April and the third Monday in November of each year. Times. SEC. 3. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1917. BLECKLEY SUPERIOR COURT; TERMS EXTENDED. No. 131. An Act to extend the time, one week, of holding each term of Bleckley County 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 Superior Courts of the said Bleckley County shall be held on the second and third Mondays and throughout each of the said weeks in January and in July of each calendar year, unless the business of the court can be disposed of by the judge thereof during the first week of each term of the said court. Added week, if needed. SEC. 2. Be it further enacted, That the judge of the said court shall draw, as provided by law, at each term thereof a separate jury for each week of the next succeeding term of the said court. Juries. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. CHATTAHOOCHEE SUPERIOR COURT; TERMS CHANGED. See Act relating to Taylor Superior Court, infra. CLARKE SUPERIOR COURT; FOUR TERMS. No. 34. An Act to provide for the holding of four terms of the Superior Court of Clarke County in the Western Judicial

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Circuit; to provide for the attendance of a grand jury at certain of said terms; to fix the time for holding said terms, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the County of Clarke, State of Georgia, in the Western Judicial Circuit. Four terms. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of the Superior Court of Clarke County shall be held on the third Monday in January, the second Monday in April, the third Monday in July, and the second Monday in October, of each year. Times. SEC. 3. 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 grand jury, and the Solicitor-General shall draw an accusation against said defendant which shall answer every purpose of an indictment. Waiver of indictment. SEC. 4. Be it further enacted by the authority aforesaid, That a grand jury shall be drawn only for the April and October terms of said court; provided, nevertheless, that the judge in his discretion may draw and require the attendance of a grand jury at the January and July terms of said court if in his discretion the business of the court shall require it, but the grand jury shall not be required to perform any other services at said January and July terms than the presiding judge shall charge them to attend to at such term. Grand jury. 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 7, 1917.

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COFFEE SUPERIOR COURT; FOUR TERMS. No. 17. An Act to provide for the holding of four terms of the Superior Court of Coffee County each year, and to fix the time of the holding of said terms, and for 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 each year four terms of the Superior Court in and for the County of Coffee, State of Georgia, in the Waycross Judicial Circuit. Four terms. SEC. 2. Be it further enacted by the authority aforesaid, That the Superior Court of Coffee County shall be held on the first and second Mondays in February, on the third and fourth Mondays in May, on the first and second Mondays in September, and on the third and fourth Mondays in November, of each year, after the passage of this Act. Times. SEC. 3. Be it further enacted by the authority aforesaid, That a grand jury shall be drawn only for the terms of said court convening in February and September of each year; provided, however, the presiding judge may, in his discretion, require the attendance of the grand jury at the May and November terms of said court or either of them, if, in his option, the business of the court shall so require. Grand jury. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. DOOLY SUPERIOR COURT; AMENDING ACT. No. 84. An Act to amend an Act to provide for holding four terms a year of the Superior Court of Dooly County, and to

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provide the time of holding same, and for other purposes, approved August 4th, 1914. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that An Act to provide for holding four terms a year of the Superior Court of Dooly County; and to prescribe the time of holding the same, and for other purposes, be amended by striking from said Act sections 3 and 4 of the same, so that said Act when amended shall read as follows: Act of 1914 amended. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that there shall be held in each year four terms of the Superior Court in and for the County of Dooly, said State, in the Cordele Judicial Circuit. Read. Four terms. SEC. 2. Be it further enacted, That the terms of said court shall be held on the first and second Mondays in February, on the first and second Mondays in May, on the first and second Mondays in August, on the first and second Mondays in November of each year. Times. 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, 1917. IRWIN COUNTY TRANSFERRED FROM CORDELE TO TIFTON CIRCUIT. No. 82. An Act to rearrange the Cordele Judicial Circuit of the Superior Courts and the Tifton Judicial Circuit of the Superior Courts by taking from said Cordele Judicial Circuit the County of Irwin and by adding to the Tifton Judicial Circuit said County of Irwin; to provide

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for holding courts in said County of Irwin, and for 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 County of Irwin shall be a part of the Tifton Judicial Circuit of the superior courts of this State, and shall cease to be a part of the Cordele Judicial Circuit of said superior courts. Transfer. SEC. 2. Be it further enacted, That the times of holding the superior courts of said County of Irwin shall be the same as that now fixed by law. Terms. 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, 1917. MILLER SUPERIOR COURT; TERMS REDUCED. No. 40. An Act to repeal an Act approved August 9th, 1915, to provide for the holding of four terms in each year of the Superior Court of Miller County; to provide for the times of holding the same, and for other purposes; to prescribe the time for holding the said superior court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 9th, 1915, providing for the holding of four terms in each year of the Superior Court of Miller County, and providing for the times of holding the same, and for other purposes, be and the same is hereby repealed. Act of 1915 repealed. SEC. 2. Be it further enacted, That all petitions, processes and suits of all kinds and all bonds, civil and criminal, returnable to the July term, 1917, are hereby made

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returnable to the October term, 1917, of said Miller Superior Court. Return terms. SEC. 3. Be it further enacted, That from and after the passage of this Act, the Superior Courts of Miller County shall be held semiannually as follows: On the fourth Monday in April and October, of each year, and that a grand jury shall serve at each term of said court. Terms. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. MONROE SUPERIOR COURT; FOUR TERMS. No. 26. An Act to provide for the holding of four terms a year of the Superior Court of Monroe County; to provide the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, there shall be held in each year four terms of the Superior Court for the County of Monroe in the Flint Circuit. Four terms a year. SEC. 2. Be it enacted by the authority aforesaid, That the terms of said court shall begin on the first Monday in February, the third Monday in May, the fourth Monday in August, and the third Monday in November in each year. Times when held. SEC. 3. Be it further enacted by the authority aforesaid, That the judge shall draw a grand jury for the February and August terms of said court, provided, that the presiding judge in his discretion may require the attendace of the grand jury at the May and November terms, or either of them, if the business of the court should require it; but the duties of the grand jury shall not require them to perform any other duties at the May and November terms

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than they shall be, by the presiding judge, especially charged with; and provided, further, that there shall be no traverse juries drawn for service for the May and November terms of said court nor any cases tried at said May and November terms of said court in which there is an issue of facts unless, in the discretion of the presiding judge of said court, the same are of sufficient importance to demand a speedy trial, or the general business of the court should require it. Grand and traverse juries. 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 4, 1917. TALBOT SUPERIOR COURT; TERMS CHANGED. See Act relating to Taylor Superior Court, next infra. TAYLOR SUPERIOR COURT; TERMS CHANGED AND EXTENDED. No. 60. An Act to provide for two weeks' term of Superior Court of Taylor County, to fix the time of holding same, and to change the time of holding the Superior Court in Talbot and Chattahoochee Counties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after January 1st, 1918, Taylor County shall have two weeks' term of Superior Court in lieu of one week as now provided, and that the terms of Superior Court of Taylor County be held on the last Monday in March and first Monday in April and last Monday in September and first Monday in October of each year. Terms of two weeks. SEC. 2. Be it further enacted by the authority aforesaid,

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That from and after January 1st, 1918, that the time for holding the Superior Court of Talbot County be changed from the second and third Mondays in March and September to the first and second Mondays in March and September of each year, and that the time of holding the Superior Court of Chattahoochee County be changed from the fourth Mondays in March and September to the third Mondays in March and September in each year, so that the calendar of the Chattahoochee Circuit, from and after January 1st, 1918, shall be as follows: Chattahoochee County, third Mondays in March and September; Harris County, second Mondays in April and October; Marion County, fourth Mondays in April and October; Muscogee County, first Mondays in February, August and November, and second Monday in May; Talbot County, first Monday in March and September; Taylor County, last Monday in March and September. Changes in times of holding courts. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. TAYLOR, TALBOT, AND CHATTAHOOCHEE SUPERIOR COURTS; TERMS CHANGED. * * 8 Identical with the Act next preceding; that being Senate Bill No. 76, and this being House Bill No. 276. No. 87. An Act to provide for two weeks' term of Superior Court of Taylor County, to fix the time of holding same, and to change the time of holding the Superior Court in Talbot and Chattahoochee Counties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after January 1st, 1918, Taylor County shall have two weeks' term of Superior Court in lieu of

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one week as now provided, and that the terms of the Superior Court of Taylor County be held on the last Monday in March and first Monday in April and last Monday in September and first Monday in October of each year. Two-weeks terms. SEC. 2. Be it further enacted by the authority aforesaid, That from and after January 1st, 1918, that the time for holding the Superior Court of Talbot County be changed from the second and third Mondays in March and September to the first and second Mondays in March and September of each year, and that the time of holding the Superior Court of Chattahoochee County be changed from the fourth Mondays in March and September to the third Mondays of March and September in each year, so that the calendar of the Chattahoochee Circuit, from and after January 1st, 1918, shall be as follows: Chattahoochee County, third Mondays in March and September; Harris County, second Mondays in April and October; Marion County, fourth Mondays in April and October; Muscogee County, first Mondays in February, August and November, and second Monday in May: Talbot County, first Monday in March and September; Taylor County, last Monday in March and September. Changes in times of holding courts. 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, 1917. TIFT SUPERIOR COURT; TERMS REDUCED. No. 109. An Act to amend an Act creating the Tifton Judicial Circuit, approved August 19th, 1916, so as to provide for holding two terms a year of the Superior Court of Tift County, Georgia; to prescribe the time for holding said terms and the length 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

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of the same, That the Act creating the Tifton Judicial Circuit, approved August 19th, 1916, be and the same is hereby amended, so far as Tift County is concerned, so as to provide for the holding of only two terms of the Superior Court each year in and for the County of Tift in the said Tifton Circuit. Act of 1916 amended. Two terms a year. SEC. 3. Be it further enacted, That the two terms of said court herein provided for shall begin on the first Monday in July and December 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 this Act shall become effective on and after the first day of January, 1918. 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, 1917. TWIGGS SUPERIOR COURT; TERMS REDUCED, AND TIMES CHANGED. No. 235. An Act to provide for the holding of two terms a year of the Superior Court in Twiggs County, to prescribe the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after January the 1st, 1918, there shall be held in each year two terms of the Superior Court in the County of Twiggs, in the Dublin Circuit. Two terms a year. SEC. 2. Be it further enacted, That the terms of said court shall begin on the fourth Monday in February and on the fourth Monday in August in each year. When held. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1917.

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WHEELER SUPERIOR COURT; TERMS CHANGED. No. 39. An Act to change the time for holding the Superior Courts of Wheeler County, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the terms of the Superior Court of Wheeler County be and the same are hereby changed from one week to two weeks each term, and that the times for holding said court be and the same are hereby changed from the first Monday in March and September to the fourth Monday in March and September and the Mondays immediately following. Two-weeks terms. Times of holding. 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, 1917.

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TITLE V. MISCELLANEOUS. ACTS. Civil Laws. Agricultural Products Market Bureau. Banks as Trust Companies. Banks National; Powers as trustees, etc. Code Park's Annotated, Supplied. Commerce and Labor Department; Duties and Powers Enlarged. Constabulary and Home Guard. Council of Defense. Deputy Clerk of Court of Appeals. Drainage of Lands; Amending Act. Escheats, Declaring Law of. Fraternal Benefit Societies; Benefits. Fraternal Benefit Societies; Payments. Health Commissioner; Amending Act. Interrogatories and Depositions. Land Registration Act. Lewd Houses Declared Nuisances. National Forest Reserve; Amending Act. Nominations by County Units. Pension Payments, Authority to Assign. Pension-Office Clerk's Salary. School of Agriculture and Mechanic Arts in Twelfth District. School of Technology; Sale of Property; Endowment Officer. School to Train Colored Teachers. Taxes; Interest and Settlements. Tax-Receivers; Lien of Bonds. Treasurers' Deposits of County Funds. Vocational Education, to Promote. Penal Laws. Flag, Penalty for Misusing. Sunday Freight-trains; Suspending Law. Tick-infested Cattle, Penalty for Moving. AGRICULTURAL PRODUCTS MARKET BUREAU. No. 210. An Act to create a Bureau of Markets for agricultural products within the Department of Agriculture; to provide for the appointment of a director of markets and for the administration of said bureau; to prescribe the powers and duties thereof, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act for the purpose of promoting proper, efficient and economical handling, packing, transporting, storage, distribution, inspection and sale of agricultural products of all kinds within this commonwealth, and for the further purpose of assisting producers and consumers thereof in selling and purchasing the same under fair conditions, and at fair and reasonable prices, there is hereby created within the Department of Agriculture a Bureau of Markets. Bureau of markets created. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioner of Agriculture shall appoint a director of markets (hereinafter called the director), who shall be qualified for the performance of his duties under this Act by practical training and experience. He shall be appointed for the term of two years and shall devote his entire time to the duties of his office and shall receive the sum of three thousand dollars ($3,000.00) per annum for his services, and also be allowed his necessary transportation expenses actually incurred in the performance of his duties, itemized, accompanied by proper vouchers. Director; appointment, term, salary, and expenses. The Commissioner of Agriculture is hereby authorized to appoint such competent and experienced persons to assist the director and such clerical and other assistants as may be necessary to carry out the intent of this Act, who shall serve at the pleasure of the Commissioner of Agriculture and shall receive such compensation for their services as he and the director shall determine, provided that all expenditures under this section shall be accompanied by proper vouchers and upon itemized statements approved by the director. Assistants. SEC. 3. Be it further enacted by the authority aforesaid, That the director shall be the chief executive officer of the Bureau of Markets and it shall be his duty to organize said bureau and in co-operation with the Commissioner of Agriculture to plan and formulate the work to be done and carry out the provisions of this Act and he shall, Duties of director.

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(a) Investigate methods and practices in connection with the production, handling, standardizing, grading, classifying, sorting, weighing, packing, transportation, storage, inspection and sale of agricultural products of all kinds within this commonwealth and all matters relevant thereto. Investigation. (b) Gather, formulate, and disseminate information in such form and at such time as he shall deem advisable relating to matters mentioned in subsection (a) hereof in all their phases and by correspondence, publication, advice, experimentation or by any other practical means shall keep producers, purchasers, and consumers informed of the supply and demand of all such products and of the markets at which the same can be best and most efficiently and most economically sold or procured. Information. (c) Publish periodical bulletins setting forth the current market prices for all such products in the several places of principal market therefor within the State and elsewhere, and so far as practicable data regarding the available supplies thereof and the demand therefor in said places. Publication. (d) Ascertain sources of supply of all such products and prepare and publish from time to time lists of the names and addresses of producers and consignors thereof and furnish the same without charge to persons applying therefor. Ascertainment of sources. (e) Secure in the performance of the duties of his office the co-operation and assistance of the office of Markets of the Department of Agriculture of the United States, similar offices, bureau or departments of other States, and of the Georgia State College of Agriculture or of any other organization that may be of assistance therein. Co-operation. (f) Assist and advise in the organization and the conduct of co-operative and other associations for improving relations and services among producers, distributors and consumers and methods and practices in connection with the several matters mentioned in subsection (a) hereof, and all matters relevant thereto. Advice and assistance.

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(g) Investigate delays, embargoes, conditions, practices, charges, and rates in the transportation and handling of all such agricultural products, and when the same may be warranted in his opinion may cause such proceedings to be instituted before the proper authority or other tribunals as may be necessary to improve and adjust the same when he shall deem it advisable, may cause to be instituted proper proceedings to prevent unlawful combinations or agreements in restrain of trade, or for fixing prices, provided that all costs incurred under this paragraph shall be paid from the funds hereby appropriated and no one under this Act has authority to create any further liability against the State, the Department of Agriculture or Market Bureau, established by this Act. Further investigation and proceedings. (h) Whenever it shall appear that any agricultural products are liable to spoil or waste or depreciate in value for lack of ready market, take such steps as may be deemed advisible, to benefit the producers, distributors and consumers thereof, and to prevent waste. Prevention of waste. (i) Take such other measures as shall be proper for carrying out the purposes of this Act, provided that in carrying out the provisions of this Act there shall be no trespassing on the educational or instructional works of the State Agricultural College, or extension work, as provided for under the Federal Smith-Lever Act. Other measures. SEC. 4. Be it further enacted by the authority aforesaid, That the director shall likewise formulate and announce proper and fair standards, grades and classes, for and among agricultural products of all kinds, and may modify or supplement the same from time to time, and shall recommend the same to co-operative and other like associations of producers, distributors and vendors thereof as the standards, grades, or classes to be adopted in marketing the same. Standards, grades, and classes. SEC. 5. Be it further enacted by the authority aforesaid, That the director shall make an annual report to the Commissioner of Agriculture on or before the first day of June

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one thousand nine hundred and eighteen and annually thereafter, in which shall be set forth in detail of the work performed by the Bureau of Markets during the preceding calendar year; a statement of the plans made for the development of the work; a detailed financial budget of receipts and expenditures and of financial requirements of the division for the next fiscal year; and such other matters as to the director may appear advisable. Annual reports. SEC. 6. Be it further enacted by the authority aforesaid, That there is hereby appropriated the sum of fifteen thousand dollars from any fund in the Treasury or so much thereof as is necessary for the purpose of carrying out the provisions of this Act. Appropriation. SEC. 7. Before assuming the duties of the office the director shall execute and file with the Governor a good and solvent bond in the sum of five thousand dollars to be approved by said official, conditioned upon the proper and faithful performance of the duties of said director. Bond of director. SEC. 8. Be it further enacted, That the director and employees are each prohibited, during their respective terms of office, or employment, except for the purposes of the division of markets, from engaging in this State or elsewhere in the business of buying or selling or commission dealing in farm products. Business of buying and selling prohibited. SEC. 9. 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 21, 1917. BANKS AS TRUST COMPANIES. No. 198. An Act to provide for conferring upon banking companies, heretofore or hereafter lawfully chartered under the Constitution and laws of this State, the rights, powers and privileges, subject to the liabilities and restrictions

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of trust companies under the Act of the General Assembly of Georgia, approved December 23, 1898 and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, any banking company, heretofore or hereafter incorporated under the Constitution and laws of this State, having and exercising the rights, powers and privileges incident to banks, and having not less than one hundred thousand dollars ($100,000.00) of capital stock subscribed and paid in, may acquire all the rights, powers, privileges and immunities, subject to the liabilities and restrictions conferred and imposed upon trust companies by the Act of the General Assembly of Georgia, approved December 23rd, 1898 (Georgia Laws, 1898, pages 78 et seq.), in the manner hereinafter provided. Powers of trust companies may be acquired. SEC. 2. Be it further enacted by the authority aforesaid, That any such incorporated banking company, desiring to acquire the aforesaid rights, powers, privileges and immunities, shall file with the Secretary of State its petition setting forth: Petition to set forth what. (a) The name of such banking company, when and by what authority incorporated and its principal place of business; Name. (b) That it has a paid-in capital of not less than one hundred thousand dollars ($100,000.00); Capital. (c) That a resolution has been adopted by a majority vote of its board of directors expressing the desire that such banking company acquire the rights, powers, privileges and immunities, subject to the liabilities and restrictions, of trust companies under the aforesaid Act approved December 23rd, 1898. Resolution. And there shall be attached to said petition as exhibitions: Exhibits. (1) The certificate of the ordinary of the county in

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which the principal office of such banking company is located or, in the absence or disability of the ordinary, the certificate of such other official as may be authorized by law to perform the duties of the ordinary, to the effect that he is satisfied, after investigation, that the petitioning banking company has a paid-in capital of not less than one hundred thousand dollars ($100,000.00). Certificate. (2) A copy of the resolution of its board of directors, expressing the desire to acquire such rights and privileges, certified by the cashier or secretary of such banking company, under its corporate seal, to be a true and correct extract from the minutes. Copy of resolution. And such petition shall be signed on behalf of the banking company by its president or a vice-president and its corporate seal shall be affixed thereto, attested by its secretary or an assistant secretary; and said petition shall be verified by the oath of the president or a vice-president of such banking company to the effect that the facts set forth therein are true. Signing and sealing. SEC. 3. Be it further enacted by the authority aforesaid, That after petition has been filed with the Secretary of State as hereinbefore provided, a copy of such petition, without the exhibits, shall be published once a week for four (4) weeks in the newspaper in which the sheriff's advertisements are printed in the county in which the principal office of such banking company is located, and, after such publication, the petitioning banking company shall file with the Secretary of State the certificate of the ordinary of such county, or, in his absence or disability, the certificate of such other official as may be authorized by law to perform the duties of the ordinary to the effect that a copy of such petition has been published as herein required. Publication. SEC. 4. Be it further enacted by the authority aforesaid, That when any such banking company shall have complied with the foregoing provisions, the Secretary of State shall issue to it a certificate under the seal of the State declaring

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its charter to be amended by the acquisition of, and by having vested in it, all the rights, powers, privileges and immunities, and subject to all the liabilities and restrictions conferred, defined, imposed and limited by the Act of the General Assembly of Georgia, approved December 23rd, 1898, providing for the incorporation of trust companies, to define their rights and powers, and for other purposes. Certificates by Secretary of State. SEC. 5. Be it further enacted by the authority aforesaid, That the banking company filing a petition for an amendment to its charter under the provisions hereof shall pay into the treasury of the State a fee of twenty-five dollars ($25.00), and the Secretary of State shall cause such petition and his certificate to be duly recorded. Fee. SEC. 6. Be it further enacted by the authority aforesaid, That any banking company, amending its charter by the acquisition of the powers of trust companies hereunder, shall not be regarded to be managed and to exercise its corporate powers by a board of trustees, but the business of such corporation shall continue to be under the management and control of a board of directors, who shall possess all the powers, and be subject to all the duties conferred and imposed upon the directors of banking companies and upon the trustees of trust companies under the laws of this State. Directors as trustees. SEC. 7. 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 21, 1917. BANKS NATIONAL; POWERS AS TRUSTEES, ETC. No. 200. An Act to authorize National Banks located in this State to act as trustee, executor, administrator, and registrar of stocks and bonds, when empowered so to do by the laws of the United States; to prescribe how the oath,

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when acting as executor or administrator, shall be taken, and for other purposes connected therewith. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That it shall be lawful for any National Bank located in this State, when empowered so to do by the laws of the United States, to act in this State by any and every method of appointment and in any capacity whatever as trustee and as executor, administrator or registrar of stocks and bonds. Lawful to act as trustee. SEC. 2. Be it further enacted, That the oath prescribed by the laws of this State to be taken by executors and administrators may be taken when a National bank acts in such capacity, either by the president, or a vice-president, or the cashier, or some trust officer designated for that purpose by the National bank proposing to so act. The oath as trustee, if required, may be taken in a similar manner. Oath. SEC. 3. Nothing herein contained shall be considered to relieve a National bank from giving a bond, when such bond under the laws of this State is required to be given by an individual acting in any of the aforesaid capacities. Bond. 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 21, 1917. CODE, PARK'S ANNOTATED, SUPPLIED. No. 111. An Act to provide for the purchase by the State of Georgia of a sufficient number of sets of Park's Annotated Code of Georgia to be furnished to all such officers of the State and of the several counties thereof, and all courts and institutions as are now furnished with the Supreme Court Reports and Court of Appeals Reports, and for exchange with other States for their codes,

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and to authorize the Governor to contract with the publisher of said Annotated Code, to be paid for not out of the State Treasury, but in exchange for publications of the State, and for other purposes. Whereas, Park's Annotated Code of Georgia, compiled and edited by Hon. Orville A. Park, of Macon, Georgia, pursuant to a resolution of the General Assembly approved July 29th, 1914, was submitted to the Attorney-General and a special committee of the General Assembly; and Preamble. Whereas, the said Attorney-General and committee of the General Assembly approved and commended said code, and, Whereas, the General Assembly by joint resolution approved August 17, 1914, authorized the publication of said code, and approved the plan adopted therein, and commended the use of the same to the courts and officers of the State and to the public; and, Whereas, pursuant to a joint resolution of the Senate and House of Representatives approved August 5, 1915, appointing a joint committee from the Senate and the House of Representatives 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 Park's Annotated Code of Georgia, said joint committee did examine and consider, and did recommend that all officers of the State, and all courts and institutions, which are now furnished with the Supreme Court Reports should likewise be furnished at the expense of the State with copies of this code; and Whereas, said code has been published in seven volumes, and has been and now is in general and satisfactory use by the bar and the courts of the State; and Whereas, a necessary supplement in one volume to said seven volumes of said code is now in preparation and will be ready for delivery with said code; and Whereas, the use of said code and supplement by the

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courts and public officers will greatly facilitate and materially aid in the construction and application of the law and in the administration of justice; Now, therefore, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; SECTION 1. Be it enacted, That the Governor is hereby authorized, on behalf of the State, to enter into a contract with the publisher of Park's Annotated Code of Georgia, together with the supplement thereto, and to purchase from them such number of sets, not to exceed 500 sets, as may be necessary to supply all officers of the State, and of the several counties thereof, and all courts and institutions as are now furnished with the Supreme Court Reports and Court of Appeals Reports of Georgia, and for exchange with other States for the code of such other States, at a price not exceeding $73.50 less 20%, or $58.80 net, per set of eight volumes including supplement, exchanging therefor any publication of the State, published or to be published, including current reports of the Supreme Court and Court of Appeals, at current prices less 20%, and that upon delievery of said books to the State Librarian, it shall be the duty of such Librarian to furnish promptly, free of charge, to each of said officers, a set of said books as herein contemplated; and provided that in no event shall the State ever pay any money at all for any of the codes, and provided that the State shall not hold any of the said codes for resale. Contract. authorized. Supplied to whom. Librarian to furnish books. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1917.

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COMMERCE AND LABOR DEPARTMENT; DUTIES AND POWERS ENLARGED. No. 209. An Act to amend an Act of the General Assembly, approved August 18, 1913, amending the Act creating the Department of Commerce and Labor, approved August 21, 1911, by striking out section two of said amended Act and substituting therefor an entirely new section, defining the duties of said department, and requiring the collection and collation of certain statistical information; placing employment agents and emigrant agents under the jurisdiction of said department; making it a misdemeanor for their failure to observe the law; authorizing the establishment of a Labor Division or Free Employment Bureau, and for 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 18, 1913, amending the Act creating the Department of Commerce and Labor, approved August 21, 1911, be, and the same is hereby amended by striking out section two of the said amended Act and substituting therefor an entirely new section as follows: Act of 1913 amended. SEC. 2. Be it enacted by the authority aforesaid, That the Commissioner, aided by his lawful assistants, shall collect and collate information and statistics concerning labor and its relation to capital, showing labor conditions throughout the State; the hours of labor, the earnings of laborers, and their educational, moral and financial condition, and the best means of promoting their mental, moral and material welfare; shall investigate the cause and extent of labor shortage, and the migration of labor; shall also collect and collate information and statistics concerning the location, capacity of mills, factories, workshops and other industries, and actual output of manufactured products, and also the character and amount of labor employed;

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the kind and quantity of raw material annually used by them, and the capital invested therein; and such other information and statistics concerning the natural resources of the State and the industrial welfare of the citizens as may be deemed necessary and of interest and benefit to the public and by the dissemination of such data to advertise the various industrial and natural resources of Georgia in order to attract desirable settlers and to bring capital into the State. The Department of Commerce and Labor is also charged with the following duties: Duties of commissioner and assistants. Paragraph A. As soon as practicable after the passage of this Act the Commissioner shall organize a Division of Labor or Free Employment Bureau, having for its purpose the listing of the names of all persons desiring employment in this State and the endeavor to secure employment for such persons, and the listing of the names of such persons, firms or corporations applying for labor and the endeavor to supply the demand. In conducting the Division of Labor the Commissioner of Labor is herewith authorized and empowered to assist and act in concert with any person or persons, county organization, municipal or governmental agency having for its purpose the distribution of labor in this State, not conducted for profit, and to co-operate with similar exchanges in other States and with the United States Employment Service, and in every other way the Commissioner is charged with the duty of endeavoring to be of assistance to both employer and employee, and of working in harmony with others having a like end in view, and for which no remuneration is received, for securing employment for those who wish employment and for securing labor for those who need help there shall be no charge whatever made or accepted, directly or indirectly, by any person connected with the Department of Commerce and Labor. All officials of the State and the various counties of the State are herewith charged with the duty of lending such aid and assistance as may be called for by the Commissioner. Provided, said Commissioner may inquire into the cause of strikes and lockouts and other disagreements between employer and employees; and whenever

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practicable offer his good offices to the contending parties with a view of bringing about friendly and satisfactory adjustments thereof. Division of labor or free employment bureau. Paragraph B. The Commissioner shall exercise jurisdiction over each person, firm or corporation acting as a private employment agency, intelligence bureau, or employment agency, for which pay is exacted or received, hereafter referred to as agency, shall, as frequently as may be necessary, examine into the condition of each agency; shall require each agent to make application for license to do business, which application must be endorsed by two taxpayers in the county where such agency proposes to conduct business, said license to be granted by the Commissioner upon the payment to the State of such tax as may be charged, and the filing of a bond in the sum of $500 for the faithful performance of duty, said license to be renewed annually. The Commissioner shall require each agency to report to him once a month in writing, showing the names, addresses and number of persons for whom positions were secured, where secured, the kind of position, the pay of same, the amount of fee collected and the amount still to be collected. Nothing in this paragraph shall authorize any employment agency or persons with such agency, or any employee thereof to act as an emigrant agent. If any agent is found violating the law, it shall be the duty of the Commissioner to immediately proceed to have such person presented to the proper authorities for prosecution and to cancel the license to do business. Employment agencies. Paragraph C. The Commissioner shall exercise jurisdiction over each person, firm or corporation acting as an emigrant agent or agency hereafter referred to as emigrant agent, shall require each emigrant agent to make application for license to do business, said application to be endorsed by two taxpayers and accompanied by a bond of $1,000 for the faithful performance of duty, and the payment of such tax as may be required by law. Each emigrant agent shall make a monthly report to the Commissioner, showing the names, the addresses and number of

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people carried out of the State, the points to which they have been carried, the kind and character of work secured for them, the pay to be received by them, the fee charged them or to be collected and from whom. The emigrant agent must show clearly by whom employed, if paid a salary, or from whom he receives a commission and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary and, if any emigrant agent is found to be violating the law, it shall be the duty of the Commissioner to immediately proceed to have such person presented to the proper authorities for prosecution and to cancel the license to do business. Each emigrant agent must secure annually a license to do business. Emigrant agents. Paragraph D. Any person, firm or corporation operating an employment agency or any employee of such agency, or any person, firm or corporation acting as an emigrant agent violating any of the provisions of Paragraphs B and C, or if any person knowingly makes any false statement or false representation to any officer or employee of any employment bureau established under the provisions of this Act for the purpose of obtaining employment or procuring working people, such person or persons shall be guilty of a misdemeanor and shall upon conviction thereof be punished as prescribed in section 1065 of the Penal Code of 1910. Penalty for violation of this law. 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 20, 1917. CONSTABULARY AND HOME GUARD. No. 224. An Act to authorize the creation of a Home Guard, or State Constabulary, to regulate the same, to define its powers, duties and restrictions; to empower the Governor to call into service said Home Guard or State Constabulary

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at any place within the boundaries of the State of Georgia; to empower the Governor to form companies, battalions, regiments, units and brigades of said guards; to provide for the appointment and elections of officers for said State guard or State constabulary, 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, for the purpose of protecting the lives, liberty and property of the State and of the people of the State of Georgia, authority is hereby given the Governor of the State of Georgia to organize and equip a Home Guard or State Constabulary, the details, organization, management and control of which to conform and be subject to the requirements of the military law approved August 21st, 1916, and all promulgations and regulations thereunder, said Home Guard or State Constabulary, when organized and mustered into service, except as to its name, to be under the provisions and restrictions of said military law and to have all rights and powers granted therein; but nothing in this Act shall be construed as to relieving any member of said Home Guard or State Constabulary from any duty or service in the military department of the United States. Governor authorized to organize. Military laws. SEC. 2. The Governor shall allow the formation of as many companies, troops, battalions, units, regiments as in his judgment he may deem proper, the same to be used for quelling lawlessness and protecting life and property within the State of Georgia, and for repelling aggression from without. Companies, etc. SEC. 3. The expenses of the organization and management of said Home Guard to be paid out of the general appropriation for the support of the military department, and the Governor is hereby empowered to draw his warrants upon said funds for the expenses incident and necessary hereto. Expenses, how paid. SEC. 4. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 21, 1917. COUNCIL OF DEFENSE. No. 195. An Act to create and establish the Georgia Council of Defense, for the co-operation of this State with the National Council of Defense, created by Act of Congress, approved August 29, 1916, wherein provision was made as follows, to-wit: for the formation of a Council of National Defense, the purpose of which is to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the co-ordination of military, industrial, and commercial purposes in the location of extensive highways and branch lines of railroad, and utilization of waterways; the mobilization of military and naval resources of defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce, the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the government, the requirements relating thereto, and the creation of relations which will render possible in times of need the immediate concentration and utilization of the resources of the nation, for the further purpose of aiding and co-operating with said National Council of Defense and with such other councils or bodies as the respective States

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may establish for national defense; for the performance, under the direction of the Governor, of any and all functions and duties in aid of State administration, and the ascertainment of the resources of the State capable of utilization for military purposes, or for the use and sustenance of our people; for advice and assistance to the Governor in the protection of the people of this State against wrongful and unwarranted speculations, combinations and other artful practices and manipulations that may be resorted to for the purpose of forcing the consumer to pay unjust, unreasonable, unfair and extortionate prices for the necessaries of life; that said council is created as a war measure whose functions shall cease with the last day of the session of the General Assembly to be held next after the close of the war, unless otherwise enacted by the General Assembly; 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 Georgia Council of Defense is herein created and established for the purpose of rendering advice and assistance to the Governor in the performance of all things he may require of them, in bringing about the highest efficiency in the administration of the affairs of this State, and the greatest effectiveness during our present national crisis, in the co-ordination of all our State efforts with those of the Federal Government, as well as with those of other States of the Union, whose functions shall cease with the last day of the session of the General Assembly to be held next after the close of the war, unless otherwise enacted by the General Assembly, and for other purposes. Created. Purposes. SEC. 2. Be it further enacted by authority aforesaid, That said council shall be composed of sixteen members, of whom five shall be ex-officio members, to-wit: the Governor, the Commissioner of Commerce and Labor, the State Superintendent of Schools, the Commissioner of Agriculture and the Adjutant-General. The remaining eleven members shall be appointed by the Governor as follows: Membership of council.

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1. One representative of the manufacturing interests of the State. 2. One representative of labor. 3. One representative of the farmers. 4. Two women to co-ordinate all women's activities contemplated by this Act that they may be utilized to the best advantage in conjunction with the other efforts of Georgia in behalf of State welfare and national defense. 5. A minister of the gospel. 6. A physician who shall represent the medical profession. 7. One representative of the bankers. 8. One representative of the railroads. 9. One representative engineer. 10. One citizen of Georgia who shall represent the commercial interests of the State. SEC. 3. Be it further enacted by the authority aforesaid, That the Governor shall be ex-officio a member of all committees of said council and he shall have the power to remove at any time any appointed member thereof, and to fill any vacancy that may occur in said council. Governor a member ex-officio. SEC. 4. Be it further enacted by the authority aforesaid, That the services of the membership of said council shall be of a patriotic nature for which no financial compensation shall be provided, but each member thereof shall receive actual traveling expenses and sustenance when in attendance upon the official business and duties of said council; said sums to be paid out only on the warrant of the Governor and upon an itemized statement verified upon oath of the member. Services. Expenses. SEC. 5. Be it further enacted by the authority aforesaid, That the members of said council, upon the call of the Governor shall immediately assemble and forthwith organize by the election of such officers as they may deem necessary and expedient for the efficient discharge of the duties committed to said council; provided, however, the Governor shall be chairman of said council. Assembly of council.

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SEC. 6. Be it further enacted by the authority aforesaid, That said council shall be empowered to employ such expert and clerical assistants or help as it may deem necessary and proper for the full discharge of its duties, and to fix reasonable compensation therefor. Employment of assistants. SEC. 7. Be it further enacted by the authority aforesaid, That the keeper of public buildings shall provide suitable office room in the State Capitol for said council, and shall also furnish such necessary office furniture, stationery and supplies as shall be requisitioned by said council or by the Governor, said council shall also have authority to requisition from the printing board such printed supplies and materials as may be needed. Office and supplies. SEC. 8. Be it further enacted by the authority aforesaid, That said council shall adopt such rules and regulations as it may deem necessary to carry out the purposes of this Act. It shall have the right to form advisory or other committees, outside its membership, and may organize subordinate bodies for its assistance in each of the counties of the State, and appoint committees or agencies for special investigations, either by the employment of experts or by the creation of committees of specially qualified persons, and may form such committees from its own members as may be deemed advisable. Rules, etc. Committees. SEC. 9. Be it further enacted by the authority aforesaid, That all such committees and bodies shall act under the directions of said council and report to said council from time to time as said central body may require of them. Reports. SEC. 10. Be it further enacted by authority aforesaid, That the said council, after its organization, shall immediately notify the National Council of Defense of its readiness for co-operation, in every possible manner, looking to the defense of the nation and its public welfare. Notice to National Council. SEC. 11. Be it further enacted by the authority aforesaid, That said council, after such communication with said National Council of Defense, shall proceed at once to gather through its committees, or otherwise, statistics, facts, information

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and data and shall arrange same in systematic and orderly form, for the guidance and use of the Governor in the administration of the affairs of this State, and in formulating such co-operation as he may be able to execute with said National Council of Defense and with similar bodies created by other States, and to make such registration as may be deemed necessary or desirable to accomplish the ends herein sought. Arrangement of information, etc. SEC. 12. Be it further enacted by authority aforesaid, That said council by itself or through its agents and employees shall have power to make full investigation as to all questions directly or indirectly relating to or bearing upon the purposes referred to in this Act. It shall have power to subp[oelig]na witnesses and to require their testimony under oath, and to compel by subp[oelig]na duces tecum the production of books, accounts, files, papers and other written or printed documents deemed relevant to any investigation or matter which may be under consideration by such council. Said powers contained in this section are likewise conferred upon sub-committees and other bodies and agents of said council authorized by this Act, or to be appointed or created, when authorized and directed to do so by the Georgia Council of Defense. In case of refusal of any person or corporation to comply with any subp[oelig]na issued hereunder, or to testify to any matter requiring which interrogation may be made, such facts shall be made to appear by petition filed with the judge of the superior court of the county in which said witness is required to appear by petition filed in the name of the Georgia Council of Defense, through its agent or attorney, in which petition there shall be set out the facts relative to the issuance of said subp[oelig]na, a general summary in substance of the character of the testimony desired or documents produced, and the witness or witnesses and the person or persons or corporations refusing to comply with said subp[oelig]na, upon the filing of said petition verified by a representative of said Georgia Council of Defense, the said judge shall issue a rule requiring the person or persons or corporation complained of to appear at such time as the judge may designate, and

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within five (5) days of the date of the filing of said petition, and show cause why said person or corporation should not be held in contempt of the orders of said Georgia Council of Defense. Said petition and rule shall be served upon the respondent at least three (3) days before the date of the hearing, which hearing may be held either at chambers or during term time. Should the respondent fail to appear in response to said order, or to render satisfactory explanation for refusing to comply with the subp[oelig]na or order of said Georgia Council of Defense, then said judge may hold said person or corporation to be in contempt of said order and said Georgia Council of Defense may impose such fine or imprisonment as is now provided by law in cases of contempt of the superior court. Said hearing shall be heard before the judge, upon affidavit or upon oral testimony, as the judge hearing the case may direct, and the laws applicable to exception and appeal shall be applicable to said hearing. Power to investigate, compel evidence, etc. Contempts. SEC. 13. Be it further enacted by the authority aforesaid, That the Georgia Council of Defense, through the Governor, shall make full report of its actions and doings to each session of the General Assembly, and may recommend from time to time such legislation as it may deem necessary and proper in furtherance of the purpose for which said Council of Defense is organized. Reports. SEC. 14. Be it further enacted by authority aforesaid, That said Georgia Council of Defense is hereby authorized and empowered when the necessity arises, which facts shall be determined by the two-thirds vote of the full membership of the said Georgia Council of Defense, to call upon and direct the governing authorities of all counties and municipalities of this State to co-operate with said council in furtherance of its orders and in all investigations directed by said Georgia Council of Defense and to require the co-operation of said county and municipal authorities with said Georgia Council of Defense. Co-operation of counties and municipalities. SEC. 15. Be it further enacted by the authority aforesaid, That for the purpose of carrying into effect the provisions

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of this Act, and requiring complete and full co-operation of associations and organizations in this State which are now or may be hereafter created for the purpose of carrying on defense work, be and the same are hereby made tributary to and subject to the supervision and direction of the Georgia Council of Defense. Supervision of other organizations. SEC. 16. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 21, 1917. DEPUTY CLERK OF COURT OF APPEALS. No. 83. An Act to provide for the appointment of a deputy clerk of the Court of Appeals of the State of Georgia; to prescribe the duties and powers, and to fix the compensation of such deputy clerk of the Court of Appeals, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, from and after the passage of this Act, as follows: SECTION 1. The clerk of the Court of Appeals of the State of Georgia may appoint a deputy clerk of said court in his discretion, under such rules as the court may adopt, the clerk of the Court of Appeals being responsible for the faithful performance of the duties of the deputy clerk; and when so appointed the powers and duties of the deputy clerk shall be the same as the clerk of the Court of Appeals. Appointment. SEC. 2. The deputy clerk of the Court of Appeals shall receive, as compensation for his services, the sum of two thousand dollars per annum, to be paid out of the money arising from costs in cases before the Court of Appeals. Salary. SEC. 3. All laws and parts of laws in conflict of this Act are hereby repealed. Approved August 14, 1917.

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DRAINAGE OF LANDS; AMENDING ACT. No. 222. An Act to amend an Act approved August 19, 1911, providing for a system of reclaiming the wet, swamp, and overflowed lands, by providing that the tax-collector nor county treasurer, or the equivalent officer, shall receive no commission out of said drainage fund, for performing the duties imposed upon them in said Act, and to amend section 1 of the amendment to said Act, approved August 16, 1913, authorizing a higher rate of interest on bonds in certain cases; authorizing and requiring the validation of bonds, issued under said Act in all cases requiring the cost of building new bridges thereunder to be paid for by the county, by striking the words twenty thousand and inserting in lieu thereof the words fifty thousand wherever found in said section 1, and for 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 1911 providing a system for the reclaiming the wet, swamp and overflowed lands of the State be so amended as to add a new section to the Drainage Act as passed in 1911, by adding the following section 41 that the tax-collector nor the county treasurer, or the equivalent officer, shall receive no commission for handling the drainage fund, nor for performing any duty imposed upon him in said Drainage Act approved August 19, 1911. Act of 1911 amended. No commission from drainage fund. SEC. 2. Be it further enacted by the authority aforesaid, That section one (1) of the amendment thereto, approved August 16, 1913, be and the same hereby is amended by striking therefrom the words twenty thousand and inserting in lieu thereof the words fifty thousand wherever found in said section 1, so that said section, when so amended, will read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act providing the reclaiming the wet,

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swamp and overflowed lands of the State, approved August 19, 1911, be so amended that when bonds heretofore and hereafter issued thereunder do not, in any case, exceed the sum of fifty thousand dollars, that the rate of interest thereof may be fixed by the Board of Drainage Commission at not more than eight per cent. per annum. Bonds and interest. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1917. ESCHEATS, DECLARING LAW OF. No. 252. An Act to declare the Law of Escheats, where a wife or husband or adopted child, entitled as heir, dies intestate and without ascertainable heirs before receiving possession of the estate, and for other purposes. Whereas, it is the policy of this State that property shall escheat only in case of a total failure of heirs and of persons who should inherit: Preamble. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION 1. If there shall now or hereafter be any property in this State in the hands of an administrator or escheator to which the husband or wife or adopted child of the deceased was an heir, but such widow, husband, or adopted child, before receiving possession of said property, has died intestate in respect thereto and without ascertainable heirs, such property shall not escheat to the State, in case there be heirs of the blood of such deceased person, but shall be held to belong to the persons who would have inherited the same had such marriage or adoption not occurred. No escheat in what cases. SEC. 2. Such property shall be reduced to cash by such

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administrator or escheator under existing laws; the non-existence of such wife, husband or adopted child, or of the heirs of the same, may be ascertained by advertisement as provided in case of escheats; and should such not appear, the fund shall be paid over, less the expenses of the proceedings, as above provided. Reduction of property to cash, etc. SEC. 3. All laws and parts of laws in conflict herewith are repealed. Approved August 21, 1917. FRATERNAL BENEFIT SOCIETIES; BENEFITS. No. 205. An Act to provide upon what conditions, and how, and in what manner foreign and domestic fraternal benefit societies can issue benefit certificates to persons less than sixteen years of age and to others, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any fraternal benefit society may issue to persons under sixteen years of age benefit certificates, provided such persons are related to a member of said society as son, daughter, ward, stepson, stepdaughter or shall be dependent upon a member; provided, however, the amount of death benefit payable under the terms of such benefit certificate may be made to increase as the years of the assured increase, and provided, further, that no benefit certificate shall be issued wherein the death benefit payable shall exceed the sums specified in the following table, the ages therein specified being the ages at time of death: Certificates to persons under 16 years of age. Between the ages of 1 and 2 years $ 35.00 Between the ages of 2 and 3 years 39.00 Between the ages of 3 and 4 years 45.00 Between the ages of 4 and 5 years 50.00 Between the ages of 5 and 6 years 60.00 Between the ages of 6 and 7 years 150.00

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Between the ages of 7 and 8 years 175.00 Between the ages of 8 and 9 years 200.00 Between the ages of 9 and 10 years 250.00 Between the ages of 10 and 11 years 350.00 Between the ages of 11 and 12 years 380.00 Between the ages of 12 and 13 years 460.00 Between the ages of 13 and 14 years 600.00 Between the ages of 14 and 16 years 1000.00 SEC. 2. Be it further enacted, That the periodical dues or premiums charged for the benefits in such certificates of membership must be based upon some recognized mortality table the premium in which is not less than the National Fraternal Congress Tables of Mortality and an interest assumption of four per centum per annum, or upon a table of the actual experience of at least twenty years of any similar society compiled from a membership of not less than one hundred thousand members. Premiums, how based. SEC. 3. Be it further enacted, That any fraternal benefit society now operating in this State or that may hereafter seek admission to do business in this State may issue benefit certificates to its members in accordance with its laws providing for the establishments of its membership into divisions and classes of the same age of entry, and may provide in its laws and certificates for the payments of benefits from special funds created for such purposes to the oldest membership of a division and class upon the death of a member in the same division and class. Benefit certificates in classes. SEC. 4. Be it further enacted, That the periodical dues or premium charges for such benefits shall be based upon the National Fraternal Congress Tables of Mortality and a four per centum per annum interest assumption, or upon some higher standard. The method of determining the dues or premium charges shall be the joint life plan at equal ages, and shall be so computed that each member's dues or premium charges shall be based upon the exact amount of death benefit which the membership certificate provides shall be payable to the legal beneficiaries named in such certificate in event of the death of the member and the

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other benefits provided for in the certificates of membership. Premiums how based. 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 20, 1917. FRATERNAL BENEFIT SOCIETIES; PAYMENTS. No. 255. An Act to amend section 6 of an Act entitled An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State; and for other purposes, which Act was approved August 17th, 1914, so that section 6 shall, when amended, read as follows: Section 6. Beneficiaries. The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepchildren, children by legal adoption, or to a person or persons dependent upon the member; provided, that if after the issuance of the original certificate the member shall become dependent upon an incorporated charitable institution he shall have the privilege with the consent of the society to make such institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary, and, from time to time, have the same changed in accordance with the laws, rules or regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of the said member; provided, that any society may, by its laws, limit the scope of beneficiaries within the above classes; provided, however, this section shall

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not be construed as prohibiting the payment by such society of any benefit or benefits to other members of the society in good standing when the said benefit or benefits are provided for in the policies or certificates of such society. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 6 of an Act entitled An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, and for other purposes, which Act was approved August 17th, 1914, be and the same is amended by adding to said section the following: provided, however, this section shall not be construed as prohibiting the payment by such society of any benefit or benefits to other members of the society in good standing when the said benefit or benefits are provided for in the policies or certificates of such society, so that said section shall, when amended, read as follows: Section 6. Beneficiaries. The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepchildren, children by legal adoption, or to a person or persons dependent upon the member; provided, that if after the issuance of the original certificate the member shall become dependent upon an incorporated charitable institution, he shall have the privilege with the consent of the society to make such institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary, and, from time to time, have the same changed in accordance with the laws, rules or regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of the said member, provided, that any society may, by its laws, limit the scope of beneficiaries within the above classes; provided, however, this section shall not be construed as prohibiting the payment by such society of any

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benefit or benefits to other members of the society in good standing when the said benefit or benefits are provided for in the policies or certificates of such society. Act of 1914 amended. Read. Benefits not prohibited. 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 21, 1917. HEALTH COMMISSIONER; AMENDING ACT. No. 247. An Act to amend an Act to revise the health laws of the State of Georgia, and for other purposes, approved August 17th, 1914, by providing that in counties having therein a city which now has or may hereafter have a population of not less than 60,000 nor more than 150,000, the county board of health may appoint the health officer of any such city the district commissioner of health in and for said county, at such salary as may be agreed, which salary, however, together with all other expenses incurred in and about the discharge of his duties, shall be only by and with the approval thereof, previously obtained, of the county officers in charge of levying taxes, and all such expenses, including a fair part of the salary of said commissioner, incurred for or in regard to the public schools or their scholars shall be paid out of funds raised for necessary sanitation. SECTION 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 revise the health laws of the State of Georgia, and for other purposes, approved August 17, 1914, be and the same is hereby amended by inserting after the word years, in the third line of section 5 thereof, the following words, provided, that, in counties having therein a city which now has or may hereafter have a population of not less than 60,000 nor more than 150,000,

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the county board of health may appoint the health officer of any such city the district commissioner of health in and for said county, at such salary as may be agreed, which salary, however, together with all other expenses incurred in and about the discharge of his duties, shall be only and by and with the approval thereof, previously obtained, of the county officers in charge of levying taxes, and all such expenses, including a fair part of the salary of said commissioner, incurred for or in regard to the public schools or their scholars shall be paid out of funds raised for necessary sanitation. Act of 1914 amended. Appointment of city health officer in certain counties. Duties, salary, and expenses. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved August 21, 1917. INTERROGATORIES AND DEPOSITIONS. No. 216. An Act to provide for the opening and inspection of interrogatories and depositions, and for their proper execution, transmission, and return, and for other purposes. SECTION 1. Be it enacted, That from and after the passage of this Act, when any interrogatories or depositions have been returned in any case pending in any court, either party at interest may, on five days' written notice to adverse party, his agent or attorney at law, apply to the judge or justice in whose court such case is pending, and obtain an order from such judge or justice directing that the said interrogatories or depositions be opened and examined; and if upon inspection it appears that they have been improperly executed, transmitted or returned, such judge or justice shall order the same to be returned to the commissioner or person before whom the same were taken, for proper execution, transmission and return. Such application

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may be heard and the order thereon granted in vacation as well as in term time. Application to inspect. Return for proper execution, etc. SEC. 2. Be it further enacted, That the provisions of this Act are merely cumulative of other provisions of the law regarding the execution, transmission and return of interrogatories and depositions and not in exclusion thereof. Provisions not exclusive. SEC. 3. Be it further, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1917. LAND REGISTRATION ACT. No. 194. An Act to provide for the assurance, registration, and transfer of land titles and interests therein, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same: SECTION 1. This Act shall be known as The Land Registration Act, and may be cited or referred to by that name. Name of law. SEC. 2. For the purpose of enabling all persons owning real estate within this State to have the title thereto settled and registered as prescribed by the provisions of this Act, the superior court of the county in which the land lies shall have exclusive original jurisdiction of all petitions and proceedings had thereupon. Superior court's jurisdiction. SEC. 3. As used in this Act, the following words shall have the following meanings, unless the context plainly indicates otherwise: Words defined. The words registered land shall include any estate or interest in lands which shall have been registered under the provisions of this Act. Registered land. The words the court shall mean the superior court of the county wherein the land lies. Court.

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The word clerk shall mean the clerk of the superior court of the county wherein the land lies, and shall include his lawful deputies, and any person lawfully acting as clerk under the provisions of the general laws of this State, or of this Act. Clerk. The words judge or judge of the court or judge of the superior court or judge of the superior court of the county where the land lies, or words of similar purport, shall be held and construed to mean, embrace, and include any judge of the superior court of this State, presiding in the superior court of the county where the land lies; and while it is intended that as a usual matter the judge of the superior court of each circuit shall be the judge who shall act upon and sit in the various matters arising in that circuit with which the judges of such courts are charged under the provisions of this Act, still as to such matters any judge of the superior court shall have jurisdiction to perform the functions of judge under this Act; and in the event that the judge of the superior courts of the circuit in which the transaction or matter arises is disqualified, absent from the circuit, ill, dead, or from any other cause cannot act in the matter, it shall be the duty of any other judge of the superior court of the State, to whom the matter is presented, to act in the matter to the same extent as if the same arose in one of the counties of his own circuit; and furthermore, any judge of the superior court may, in any matter arising under this Act, upon the request of the judge of the superior court of the circuit in which it arose, act upon it as if it arose in his own circuit. Judge. Judge's duty. The words voluntary transaction shall be construed to embrace and mean all contractual and other voluntary acts or dealings (except by will) by any registered owner of any estate or interest in land, with reference to such estate or interest and any right of homestead or exemption therein; and the words involuntary transaction shall be construed to embrace and mean all other transmission of registered land or any interest therein and all other

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rights or claims, judicial proceedings, liens, charges, or encumbrances not created directly by contract with the registered owner, but arising by operation of law or of equitable principles, dower, the exercise of the right of eminent domain, delinquent taxes and levies, and all like matters affecting registered land or any interest therein. Voluntary and involuntary transactions. SEC. 4. The proceedings under any petition for the registration of land, and all proceedings in the court in relation to registered land, shall be proceedings in rem against the land, and the decree of the court shall operate directly on the land, and vest and establish title thereto in accordance with the provisions of this Act, as well as upon all persons who are parties to said proceedings, whether by name or under the general designation of whom it may concern. Proceedings in rem. SEC. 5. Suit for registration of title shall be begun by a petition to the court by the person or persons or corporation claiming, singly or collectively, to own or to have the power of appointing or disposing of an estate in fee simple in any land, whether subject to liens, encumbrances, or lesser estate, or not. Infants and other persons under disability may sue and defend by guardian, guardian ad litem, next friend, or trustee, as the case may be. Except as otherwise provided, the suit shall be subject to the general rules of equity pleading and practice. Registration suit. Parties, pleading, and practice. SEC. 6. Any person in the possession of lands within the State, claiming an interest or estate less than the fee therein, may have his title thereto established under the provisions of this Act, without the registration and transfer features herein provided. Interest less than fee. SEC. 7. The petition, and amendment thereto, shall be signed and sworn to by each petitioner, or, in the case of a corporation, by some officer thereof, or, in the case of a person under disability, by the person filing the petition. It shall contain a full description of the land and its valuation and its last assessment for county taxation; shall show when, how, and from whom it was acquired, a description

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of the title by which he claims the land, and an abstract of title, and shall state whether or not it is occupied; and shall give an account of all known liens, interests, and claims, adverse or otherwise, vested or contingent. Full names and addresses, if known, of all persons that may be interested in any wise, including adjoining owners and occupants, shall be given. A non-resident petitioner shall appoint a resident agent or attorney upon whom process and notices may be served. The description of the premises to be given in the petition shall be in such terms as shall identify the same fully, and shall be such a description as shall tend to describe the same as permanently as is reasonably practicable under all the circumstances. If it be in a portion of the State in which the land is by State survey divided into land districts and lot numbers, in the petition there shall be stated the number of the land district and of the lot number or numbers in which the tract is contained. The judge, on his own motion or upon recommendation of the examiner, may, before passing a decree upon any petition for registration, require a fuller and more adequate description, or one tending more permanently to identify the tract in question, to be included into the petition by amendment, and if, in the discretion of the court, it shall be necessary, may, for that purpose, require a survey of the premises to be made and the boundaries marked by permanent memorials. The acreage or other superficial contents of the tract shall be stated with approximate accuracy; and where reasonably practicable, the court may require the metes and bounds to be stated. Petition, requirements of. Names and addresses. Non-resident. Description of land. Amendment. SEC. 8. Any number of separate parcels of land, claimed by the petitioner under the same general claim of title, and lying in the same county, may be included in the same proceeding; and any one tract may be established in several parts, each of which shall be clearly and accurately described and registered separately. Separate parcels. SEC. 9. The petition shall include as defendants all persons who by the petition are disclosed to have any heir, interest, equity, or claim adverse to the petitioner or otherwise,

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vested or contingent, upon said land or any interest therein, and shall also include as defendants all other persons whom it may concern. Parties defendant. SEC. 10. Upon such petition being filed in the office of the clerk of the superior court in the county where the land lies, the clerk shall issue a process directed to the sheriffs of this State and their lawful deputies, requiring all of the defendants named in the petition, and all other persons whom it may concern, to show cause before the court, on a named day not less than forty or more than fifty days from the date thereof, why the prayers of the petition should not be granted, and why the court should not proceed to judgment in such cause; and shall make the necessary copies of the petition and process for service. Within thirty days from the time of the issuance of process, a copy of the petition and process shall be served, in like manner as ordinary process is served in ordinary actions at law, upon each party named as defendant in the original petition, if a resident of this State. Second original and copies may issue and be served in like manner as second originals are issued and copies served in ordinary actions. The clerk of the superior court shall also cause to be inserted in the newspaper in which the advertisements of sheriff's sales in the county are advertised, for four insertions in separate weeks, a notice addressed to whom it may concern, and also to each person named in the petition as a defendant who resides beyond the limits of the State, or whose place of residence is unknown, and giving notice of the filing of the petition by the petitioner, and a description of the land which petitioner seeks to register, and warning them to show cause to the contrary, if any they can, before the court on the date named in the process. The judge of the court may grant additional time for service or return of the process, and may provide for service in cases not herein provided for, wherever the exigencies of justice may so require. Wherever the petition discloses, or it otherwise becomes disclosed to the court in the progress of the proceedings, that any non-resident is interested, such non-resident, if his post-office address be known, shall

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be notified also by the clerk of the court mailing to him a copy of the petition and process by registered mail to the post-office address as the same may be disclosed to the court through the petition or other proceedings in the case. Guardians ad litem shall be appointed for infants and other persons under disability, in like manner as they are appointed in equity cases in the general practice in this State. Process. Service. Publication of notice. Time for service. Notice to non-resident. Infants, etc. SEC. 11. If the petition discloses that it involves the determination of any public right or interest of this State, or of any county or municipality thereof, the process or notice, in order to affect the State or the county or the municipality, shall be served upon the Attorney-General, in the case of the State; upon the ordinary, in the case of a county (or, if the ordinary be disqualified, upon the clerk of the superior court); or upon the mayor of the municipality, in the case of a municipality (or, in case there is no mayor or the mayor is disqualified, upon a majority of the members of the council or other governing body of the municipality). State, county, or municipality, how served. SEC. 12. Any person entitled to notice or service of process under this Act may waive such notice or service by a written acknowledgment of service, or waiver of service, entered upon the petition or entitled in the cause and signed by him in the presence of the judge of the superior court or of the clerk of the superior court of the county, or the examiner, his signature being attested by such officer. Waiver of service. SEC. 13. The court, before passing the decree authorizing the registration of land, shall first satisfy himself that publication of notice and service of process, as herein required, have been made. After judgment the entry of service by the sheriff or his deputy shall be conclusive evidence and shall not be subject to traverse, nor shall any acknowledgment of service be subject to traverse. The recital of service of process and of the giving and publishing of notices, contained in the decree or final judgment in the cause, shall be conclusive evidence that such service, publication, and notice have been legally given; provided, however, that nothing herein shall prevent any person aggrieved from

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having his right of action against any sheriff who makes a false return of service, or against any clerk or examiner who falsely attests a waiver or acknowledgment of service, or any clerk who fails to publish the notice or to mail the notice as required by this Act. Judgment conclusive. False return, etc. SEC. 14. A notice similar to the notice directed to be published, as provided in the tenth section of this Act, shall also be delivered by the clerk to the sheriff of the county, or one of this lawful deputies; and the sheriff or his lawful deputy shall, within thirty days from the date the petition is filed, post the same upon the land in some conspicuous place; and if there be more than one tract of land, enough notices shall be furnished by the clerk to the sheriff or his deputies, and he shall post the same upon each tract of land included in the petition. The sheriff shall also, within said thirty days, go upon the land and ascertain and make official return to the court, stating the names of each and every person above the age of fourteen years actually occupying the premises, together with the post-office addresses of such persons. Upon such return being made, the clerk shall thereupon mail, by registered mail, to each person so upon the land a copy of the petition and process, or, if the petitioner so desires, he may require such persons so upon the land to be served by the sheriff or his deputy. The clerk shall make entry of having mailed the notices unless the sheriff shall have made the service, in which event the sheriff shall make the return. The notices provided for and to be given under this and other sections of this Act shall stand as personal service of process, and shall be conclusive and binding on all persons so notified, and on all the world. Appearances or pleading in the case shall constitute a waiver of process and service, and of notice and of any defect therein. Notice to be posted on lands. Sheriff to ascertain occupants. Service of notice. Conclusive and binding. Waiver. SEC. 15. The judge of the superior court of each judicial circuit in this State shall appoint at least one master, or auditor, who shall be known as the examiner, and who shall discharge the duties provided herein for the examiner, but whose relation and accountability to the court shall be

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that of auditor or master in the general practice existing in this State; and the judge shall appoint as many more examiners in the circuit as the public convenience in connection with the carrying out of the provisions of this Act may require, and may in any case appoint a special examiner. Such examiners shall hold office at the pleasure of the judge, and shall be removable at any time with or without cause. Each examiner so appointed must be a competent attorney at law, of good standing in his profession, and of at least three years' experience in the practice of law. Each examiner shall take and file in the office of the clerk of the superior court of the county of his residence, along with the order of his appointment, an oath or affidavit substantially in the form herein prescribed. Examiners; appointment and qualifications. Removable. Oath. SEC. 16. Upon the filing of a petition, as provided in this Act, the clerk shall at once notify the judge, who shall refer the cause to one of the general examiners or to a special examiner. It shall thereupon become the duty of such examiner to make up a preliminary report containing an abstract of the title to the land form public records and all other evidences of a trustworthy nature that can reasonably be obtained by him, which said abstract shall contain full enough extracts from the records, and other matters referred to therein, to enable the court to decide the questions involved; also a statement of the facts relating to the possession of the lands; also containing the names and addresses, so far as he is able to ascertain, of all persons interested in the land, as well as all adjoining owners, showing their several apparent or possible interests, and indicating upon whom and in what manner process should be served or notices given, in accordance with the provisions of this Act. The preliminary report of the examiner shall be filed in the office of the clerk of the superior court, on or before the return day of the court, as stated in the process, unless the time for filing the same shall be extended by the court; and the said report shall be prima facie evidence of the contents thereof. Reference. Preliminary report of examiner. Prima facie evidence. SEC. 17. If it is disclosed, from the report of the examiner,

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that other persons than those who shall have been notified under the provisions of this Act are entitled to notice, a copy of the petition shall be served upon such person in like manner as other persons named as defendants in the petition are required to be served by this Act, and, in addition to the copy of the petition, there shall be attached a notice from the clerk, directed to such person, informing him that he shall appear and show cause against the judgment being rendered in the case, if any he has, within ten days from the date of the service of the notice. However, nothing herein shall be construed to require the giving of additional notice by publication, otherwise than in this Act provided for, to non-residents or persons who, by reason of absence from the State, or by reason of their whereabouts being unknown, cannot be found and served with process. Additional notices. SEC. 18. Any person, whether notified or not, may become a party to the proceeding for the purpose of filing objections to the granting of the relief prayed for in the petition, or any part thereof, by filing in court an answer, showing that he claims some interest in the premises, and the grounds of his objection; or he may file a cross-action praying that the title to the land, or some interest therein, be decreed to be in him, and registered accordingly. Objections and cross-action. SEC. 19. As soon as practicable, after the return day stated in the process, the examiner shall proceed to hear evidence and make up his final report to the court, unless it shall have developed, from the preliminary report filed by him, that persons other than those named as defendant in the original petition were entitled to service or notice, in which event he shall not begin the hearing until after ten days from the date of the service of notice upon such persons. He shall give notice of the time and place of hearing to the petitioner and to such persons as shall have filed any pleading in the case. Hearing and report. Notice. SEC. 20. At the time and place set for the hearing the examiner shall, in like manner as other auditors or masters in chancery, proceed with similar powers as to the compelling

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of the attendance of witnesses, the production of books and papers, and of adjournment and recessing to hear all lawful evidences submitted. In addition thereto he is empowered to make such independent examination of the title as he may deem necessary. Upon his request the clerk shall issue commission for the taking of testimony of such witnesses as, under the provisions of law on that subject, may have their testimony taken by interrogatories in ordinary actions. He shall also have the powers of a commissioner appointed by the Superior Court under sections 5910 to 5917, inclusive, of the Civil Code of 1910. Within fifteen days after such hearing shall have been concluded the examiner, unless for good cause the time shall be extended by the judge, shall file with the clerk a report of his conclusions of law and of fact, setting forth the state of the title, any liens or encumbrances thereon, by whom held, the amounts due thereon, together with the abstract of title to said land, and any other information affecting its validity, and a brief or a stenographic report of the evidence taken by him. He shall mail to each of the parties who have appeared in the cause notice of the filing of his report. Any of the parties to the proceeding may, within twenty days after such report is filed, file exceptions to the conclusions of law or of fact or to the general findings of the examiner. The clerk shall thereupon notify the judge that the record is ready for his determination. If the petitioner, or any contestant of petitioner's right, shall demand a trial by jury upon any issue of fact arising upon exceptions to the examiner's report, the court shall cause the same to be referred to a jury, either at the term of court which may then be in session or at the next term of the court, or at any succeeding term of the court, to which the case may be continued for good and lawful reasons; but it shall be the duty of the judge to expedite the hearing of the case, and not to continue it unless for good cause shown, or upon the consent of all parties at interest. The issue or issues of fact shall be tried before the jury, in the event jury trial is requested, upon the evidence reported by the examiner, except in cases where, under the provisions

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of law in this State, evidence other than that reported by the auditor may be submitted to the jury on exceptions to an auditor's report; and except, further, that in the case the examiner has reported to the court findings of fact based on his personal examination, either party may introduce additional testimony as to such facts, provided that he will make it appear, under oath, that he has not been fully heard and given full opportunity to present testimony on the same matter before the examiner. The verdict of the jury upon the questions of fact shall operate to the same extent as it would in the case of exceptions to an auditor's report in an ordinary case in equity. In all matters not otherwise provided for, the procedure upon the examiner's report and the exceptions thereto shall be in accordance with procedure prevailing in this State as to auditor's reports in equity and exceptions thereto. The right to grant a new trial upon any issue submitted to a jury, and right of exception to the Supreme Court, are prescribed. The judge may rerefer or recommit the record to the examiner in like manner as auditor's reports may be recommitted in any equity cause; or he may, on his own motion, recommit it to the same or any other examiner for further information and report. Powers of examiner as auditor or master and as commissioner. Report. Evidence. Notice. Exceptions. Jury trial. Continuance. Evidence at trial. Verdict, effect of. Procedure. New trials. Recommitted. SEC. 21. No judgment or decree shall be rendered by default so as to authorize any decree to be rendered without the necessary facts being shown. No default. SEC. 22. While the cause is pending before the examiner of titles, or at any time before final decree, the judge, or the examiner with the approval of the judge, may require the land to be surveyed by some competent surveyor, and may order durable bounds to be set and a plat thereof to be filed among the papers of the suit. But before such survey is made all adjoining land owners shall be given at least five days' notice. The petitioner, or any adjoining owner, dissatisfied with the survey, may file a protest with the court within ten days from the time the plat is filed; and thereupon an issue shall be made up and tried as in case of protest to the return of land processioners. Survey of land. Notice. Protest.

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SEC. 23. If in any case the petitioner so desires, or if the court is of opinion that the petitioner's title is not and cannot be made proper for registration, the petition may, with leave of the court, be dismissed without prejudice, on terms to be determined by the court. Dismissal. SEC. 24. Amendments to petitions or other pleadings, or the severance thereof, including joinder, substitution, or discontinuance of parties, and the omission or severance of any portion or parcel of the land, may be ordered or allowed by the court, at any time before final decree, upon terms that may be just and reasonable; and the court may require facts to be stated in the petition in addition to those prescribed by this Act. The examiner shall have these powers, subject to review by exception to his reports. Amendments, parties, etc. SEC. 25. The land described in any petition may be dealt with, pending registration, as if no such petition had been filed; but any person who shall acquire any interest in or claim against any such land shall at once appear as a petitioner, or answer as a party defendant, in the pleadings for registration, and such interest or claim shall be subject to the decree of the court. Dealings pending registration SEC. 26. After the record shall have been perfected and settled, the judge of the superior court shall thereupon proceed to decide the cause; and if, upon consideration of such record, the title be found in the petitioner, the judge shall enter a decree to that effect, ascertaining all limitations, liens, encumbrances, etc., and declaring the land entitled to registration accordingly as he shall find, and such decree shall be entered upon the minutes of the superior court and become a part of the records thereof. If, upon consideration of the record, he finds that the petitioner is not entitled to a decree declaring the land entitled to registration, he shall enter judgment and decree accordingly. If any person shall have filed a cross-action praying for the registration of the title to be found in him, the judge may enter a decree to that effect, in like manner ascertaining and declaring all limitations, liens, etc., and declaring the land entitled to registration accordingly. If separate parcels

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are involved, the court shall render separate decree as to each parcel; and the same shall be done where the petitioner has divided a tract into separately described parcels and has accurately described each parcel for separate registration. Decree of registration. Separate decree. SEC. 27. Every decree rendered as herein provided, shall bind the land and bar all persons claiming title thereto or interest therein, quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including the State of Georgia, whether mentioned by name in the order of publication, or included under the general description, whom it may concern. It shall not be an exception to such conclusiveness that the person is an infant, lunatic, or is under any disability, but said person may, in the manner provided, have recourse upon the indemnity fund hereinafter provided for, for any loss he may suffer by reason of being so concluded. Decree concludes all persons. SEC. 28. The county commissioner, or other officer having charge of the county business, of each county shall provide for the clerk of the superior court in said county a book in which he shall enroll and register and index all decrees of title, to be known as the Register of Decrees of Title; also a book to be prepared, printed, and ruled in substantially the manner hereinafter provided, to be called the Title Register, in which said clerk shall enroll, register, and index, as herein provided, the certificate of title herein provided for, and all subsequent transfers of title, and note all voluntary or involuntary transactions in any wise affecting the title to said land, authorized to be entered thereon; and they shall from time to time furnish such additional books as may be necessary. Upon the registration of such decree and certificate of title the clerk shall issue an owner's certificate of title, under the seal of his office, which shall be delivered to the owner, or his duly authorized agent or attorney. Register of decrees. Title register. Certificate to owner. SEC. 29. Every entry made in the Register of Decrees of Title, or in the Title Register, or upon the owner's certificate, under any of the provisions of this Act, shall be

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signed by the clerk and dated with the year, month, day, hour, and minute, accurately stated. Entries to be signed, etc. SEC. 30. Whenever the whole of any registered estate is transferred or conveyed, the same may be done by a transfer or conveyance upon, or attached to, the owner's certificate of title, substantially in the form herein, provided for. The same shall be signed and acknowledged or attested as if it were a deed to land, and shall have the full force and effect of a deed. Provided, that if the said sale or transfer be in trust, upon condition, with power to sell, or other unusual form of conveyance, the same shall be set out in said transfer, and shall be entered upon the Registration of Titles book as hereinafter provided. Upon presentation of the said transfer, together with the owner's certificate of title, to the clerk, it shall be duly noted and registered in the Title Register, in accordance with the provisions of this Act, and the certficate of title on the Title Register and the owner's certificate of title so presented shall be canceled, and a new certificate of title in the name of the transferee shall be registered on the Title Register, and a new owner's certificate of title shall be issued to the transferee, which new certificate shall refer to the former certificates just canceled. Transfer of registered estate. Noted on register. SEC. 31. Whenever a part of any registered land is transferred or conveyed, the same shall be by form substantially as in case of a total transfer, but setting forth, particularly and specifically, the portion of the land transferred, if it be an undivided interest, or if it be a particular portion of the tract, describing the same accurately and definitely. In case an undivided interest is transferred, upon presentation of such transfer, together with the owner's certificate of title, the clerk shall not cancel the owner's certificate so presented nor the certificate of title on the Title Rgister, but shall enter a notation of such partial transfer on the certificate of title, on the Title Register, and on the owner's certificate; and said clerk shall also register upon the Title Register a certificate of title in the name of the grantee of the undivided portion of said

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estate so transferred, and issue to him an owner's certificate correspondingly, setting out the part or amount of land transferred, as the case may be. If the transfer be of a divided part of the land, the clerk shall first enter the fact of the transfer upon the certificate of title on the Title Register, and shall cancel the certificate of title on the Title Register and the owner's certificate of title. Thereupon he shall register new certificates of title on the Title Register, separately, the one in the name of the transferee for the portion of the tract conveyed to him, and the other to the transferor for the portion retained; and the clerk shall also issue new separate owner's certificate accordingly. The said clerk shall note upon the Title Register and the owner's certificate the reference and cross-reference to the certificates herein referred to. Part transfer. Undivided interest. Entries on register, etc. SEC. 32. Whenever the owner of any registered land shall desire to convey the same as security for debt, with power of sale without foreclosure, it may be done by a short form of transfer, substantially in the form hereinafter set forth. The same shall be signed and properly acknowledged or attested as if it were a deed to land, and shall be presented, together with the owner's certificate, to the clerk, whose duty it shall be to note upon the owner's certificate and on the certificate of title in the Title Register the name of the creditor, the amount of debt, and the date of maturity of same, and showing that a creditor's certificate has been issued therefor; and when only a part of the registered estate shall be so conveyed, the clerk shall note upon the said book and owner's certificate the part so conveyed. The clerk shall retain, number, and file away the instrument of transfer, and shall issue and deliver to the creditor what shall be known as a creditor's certificate, over his hand and seal, setting out the portion so conveyed. All registered encumbrances, rights, or adverse claims affecting the estate represented thereby, in existence at the time the creditor's certificate is issued, shall be noted thereon. Conveyance to secure debt. Entries. SEC. 33. The creditor's certificate shall be assignable or negotiable to the same extent as the note or other evidence

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of indebtedness secured thereby may be, but assignments or transfers of the creditor's certificate need not be noted on the Title Register. A transfer or assignment of the indebtedness shall operate to transfer the creditor's certificate securing the same, in like manner and to the same extent as is set forth in section 4276 of the Civil Code, relating to the case of transfer of indebtedness secured by mortgage, unless otherwise agreed between the parties. The creditor's certificate may be surrendered and canceled at any time by the owner thereof. It shall be the creditor's duty to surrender the same and give order for cancellation of the same when the debt is paid. If he refuses to do so he may be compelled by the court to do so, and in any proper case the judge may order a cancellation on the Title Register. Upon presentation of an order of cancellation, with the surrendered creditor's certificate, or upon presentation of the judge's order directing cancellation, the clerk shall enter a notation of the same in the Register of Titles and on the owner's certificate of title. Assignment of certificate. Surrender and cancellation. SEC. 35. If the debt secured by the creditor's certificate so issued, or any part thereof, shall be due and unpaid, the holder of said creditor's certificate may, after advertising the property for sale in the manner prescribed by law for advertising sheriff's sales of land, expose the same at auction before the court-house door of the county, and sell the same to the highest and best bidder for cash. The sale need not be conducted by the creditor or holder of the creditor's certificate personally, but may be conducted through any agent or attorney. The holder of said certificate, his agent for attorney, shall thereupon make oath to the facts, and apply to the judge for an order of transfer to the purchaser. The application shall be accompanied by a certified copy of the certificate of title from the Title Register as of the date of the sale. The judge shall cause at least five days' notice to be given to the debtor and to any person who, according to the Title Register, shall have acquired any interest in the property subsequently to the issuance of the creditor's certificate; and if no objections are made (or after hearing, if objections be made) the

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judge shall grant an order of transfer, with such directions for cancellation of other certificates and entries, and otherwise as shall be in accordance with the justice of the case and with the spirit of this Act. The proceeds of the sale shall be applied first to the payment of the costs of advertising the sale and obtaining the judge's order of transfer, then to the payment of the debt, and the remainder, if any, shall be paid to the debtor, or his order. Sale to pay debt. Transfer to purchaser. Notice. Objections. Application of proceeds of sale. SEC. 36. Nothing herein shall prevent the owner from transferring his registered title as security for debt, or from causing the title to be registered in the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and if bond for title or bond to reconvey be given, the same may be noted on the certificate of title on the Title Register and on the owner's certificate, provided the same be attested or acknowledged as if it were a deed. Transfer to secure debt. SEC. 37. In all voluntary transactions the owner's certificate of title must be presented, along with the writing or instrument filed for registration; and thereupon, and not otherwise, the clerk shall be authorized to register the transaction. Presentation of certificate. SEC. 38. Wherever a transfer, or transfer as security for debt, or mortgage, as to an estate in registered land, is executed in the form prescribed in this Act and the same duly registered and noted in the register of titles, and the same contains nothing more than the filling in of the blanks in said forms prescribed, so that the entry of registration on the Title Register, construed in connection with the prescribed form, shows the full transaction, it shall not be necessary to record the transfer, security transfer, or mortgage, otherwise than by the registration in the Title Register; and such registration shall, for all purposes, take the place of recordation as to such instruments so executed; and a certified copy of such registration shall be admissible in evidence on like terms and with like effect as a certified copy of a deed, mortgage, or other similar instrument is admissible under existing laws. In such cases the original

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instrument of transfer (together with the canceled owner's certificate), or original instrument of transfer as security for debt, or original mortgage, as the case may be, shall be numbered with the registration number of the title to which it relates, and carefully filed away in such manner as to be of easy access, and preserved as a part of the records of the office of the clerk of the superior court. In case of a mortgage so executed the clerk shall, on request, make a certified copy and deliver to the mortgagee, and such certified copy shall stand for all purposes in lieu of the original, and shall be original evidence to the same extent that an original mortgage ordinarily is, in any court. If the instrument of transfer be not in the short form herein prescribed, or if it contains any provisions not provided for in said form, or if it is executed for the purpose of transferring any estate or interest in the registered land in trust, or upon any condition, or upon any peculiar, unusual limitation, the details at variance with or additional to those provided for under the prescribed form need not be entered in full on the Title Register and the owner's certificate, but the clerk shall record such instrument in full on the deed book of the county, in like manner as deeds to unregistered land are recorded, and shall, after the general entry of the transfer on the Title Register and on the owner's certificate, add thereto a notation that the same is in trust, upon condition, or on special terms, as the case may be, followed by the words See deed book (or mortgage book, as the case may be)...... page...... Like procedure shall be followed in case of a transfer to secure debt or a mortgage not following the form herein prescribed, but in such cases the clerk shall not retain the original instrument, but shall return the same to the creditor after it shall have been registered and recorded. Record other than registration, when not required. Certified copy as evidence. Filing of instrument. Record and reference thereto. SEC. 39. All registered encumbrances, rights, or adverse claims affecting the estate represented thereby shall continue to be noted upon every outstanding certificate of title and owner's certificate, until the same shall have been released or discharged, unless the same shall relate to only a particular portion of the property, when the same shall

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be noted only upon such certificates and duplicate certificates as relate to that portion of the property. Notations on certificates. SEC. 40. Every voluntary or involuntary transaction, which, if recorded, filed, or entered in any clerk's office, would affect unregistered land, shall, if duly registered on the Title Register, and not otherwise, be notice to all persons from the time of such registration, and operate, in accordance with law and the provisions of this Act, upon such registered land. Notice by registry. SEC. 41. Except as herein otherwise provided, in cases of involuntary transactions no transfer of the title shall be registered except upon an order granted by the judge of the court, in the form substantially as that hereinafter prescribed. Involuntary transactions SEC. 42. Lands, and any estate or interest therein registered under this Act, shall, upon the death of the owner, testate or intestate, go to his personal representative in like manner as personal estate, and shall be subject to the same rules of administration as personalty, except as otherwise provided in this Act, and except that nothing herein contained shall alter or affect the course of ultimate descent under the statute of descents and distributions and the rights of dower, when duly registered, nor shall alter or affect the order in which real and personal assets respectively are now applicable in and towards the payment of funeral and testamentary expenses, debts, or legacies, or the liability of real estate to be charged with the payment of debts and legacies. Registered land as personal estate of decedent. SEC. 43. Subject to the powers, rights, and duties of administration, the personal representative of such deceased owner shall hold such real estate as trustee for the persons by law beneficially entitled thereto, but, unless otherwise entitled by law to commissions, shall be entitled to no commissions thereon, except in cases of necessary sales in due course of administration. And the heirs at law or beneficiaries aforesaid shall have the same power of requiring a transfer of such estate as if it were personal estate. Personal representative as trustee. Heirs.

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SEC. 44. Upon the grant of letters of administration or executorship by the court of ordinary and upon presentation of a certified copy of the same to the clerk of the superior court and the presentation of the owner's certificate, the clerk shall make a special entry on the certificate of title on the Title Register, showing the presentation of the letters of administration or executorship, the name of the representative, the court and county of his appointment, and the date of the letters and of the transfer of the title to the representative. The clerk shall thereupon cancel the certificate of title and the owner's certificate outstanding in the name of the decedent, and issue to the administrator or the executor, as the case may be, a new owner's certificate. In the event the decedent was the owner of only a fractional undivided interest in the title and the outstanding certificate stood in the name of the decedent and others, or where from any other cause the decedent was not the sole owner of the certificate, the outstanding certificates shall nevertheless be canceled, and a new certificate registerd and new owner's certificate issued with the name of the personal representative substituted for the name of the decedent. Letters of administration, etc. Cancellation, and new certificate. SEC 45. In case the owner of registered land die intestate, and there is no administration upon the estate within twelve months from the date of his death, or in the event administration terminates without the land being disposed of, the heirs at law of such intestate, or any one or more of the persons who claim to be heirs at law of such intestate, may petition the superior court of the county to have their title by descent declared as to such registered land. In such application there shall be set forth the names of all persons who are alleged to be the heirs at law; and if all are not joined, process or notice shall be served, as in cases in equity, upon all not so joined. The petition shall be verified by the affidavit of one of the petitioners, shall set forth in detail the name and address, as last known, of the decedent, a statement as to whether he was married or single, or a widower; if married more than once, the names of all of his wives; the names of all children and descendants

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of children, if any, showing in detail whether the parents of such children are living or dead, and showing in detail how and wherein the persons who are alleged to be the heirs at law are in fact the heirs at law of such decedent under the rules of inheritance in this State. It shall also give the date of the death of the decedent and set forth that he died leaving no will, and that, in the judgment of the applicant, there is no need for administration upon the estate. Upon such application being filed the judge shall thereupon grant an order setting the application down to be heard at the court-house in the county where the land lies, on some day not less than thirty days from the date of the application, and calling on all persons to show cause before the court on that day why the persons named as heirs at law in the application should not be so declared to be by the judgment and decree of the court. A copy of the application and the order of the court thereon shall be published in the newspaper in which the sheriff's sales of the county are advertised in like manner as sheriff's sales are advertised. Upon the day named, unless the matter be continued by order or orders of the judge to some future time, the court shall proceed to hear and determine the question, together with all objections, if any, which may be filed, and to adjudge and decree that the alleged decedent is dead and that there is no administration on his estate, and that he left no will, and who are his heirs at law; unless it appears that the alleged decedent is not dead, or that there is administration upon his estate, or that an application for administration is pending, or that the decedent left a will, in either of which events the petition shall be dismissed. Upon granting an order of heirship the court shall thereupon order a transfer of the registered title from the decedent to the heirs at law to be registered; and upon production of the owner's certificate of the decedent, and the judge's order for a transfer, the clerk shall register the transfer and cancel the certificate registered in the name of the decedent and the owner's certificate, and issue a new owner's certificate in the name of the persons declared to be the heirs at law. In such an application, if the alleged heirs at law be of full age and under

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no disabilities, and the same shall so appear to the court, and it shall further appear that they have voluntarily partitioned the land in kind among themselves, the court may, in connection with the order of transfer, direct that the certificate standing in the name of the decedent be canceled and that new certificates shall be registered and issued to each of the heirs for the particular parcel of land coming to each under the voluntary partition set forth in the application. If the decedent shall have left a widow, the application shall disclose whether the widow has elected to take dower or to become an heir of the estate, and she shall be a party to the proceedings, and the court shall specifically provide what interest or estate she shall take under the decree of heirship, and, except where in the decree the land is partitioned into separate tracts, the court shall, in the decree of heirship and in the order of transfer, specifically set forth (except in the case of sole heir), what undivided interest each heir shall take. In case the decedent be a female, the procedure shall be similar, except in so far as the difference between the rights of the husband and wife upon the death of his spouse shall make changes necessary. Where the wife claims to be entitled to take possession of the estate without administration, under the provisions of subsection 1 of section 3931 of the Code, the procedure shall be substantially in the same manner. Heirs' title registry of Procedure on application. Publication. Transfer of registered title. Cancellation, and new certificates. Widow. Interests specified. SEC. 46. Wherever a transfer of registered land shall have been made to heirs at law, or to the widow claiming to be the sole heir, as stated in the preceding section, if at any time thereafter a personal representative is appointed upon the estate of the decedent he shall not be entitled to have such registered land transferred to him for purposes of administration; but if it appears that the heirs have thereby appropriated to their use and ownership property which should have been appropriated to the purposes of administration, the personal representative of the decedent shall have a right of action against the heirs for the value of the property so appropriated, the judgment in such action to be moulded according to the exigencies of the particular case, in accordance with the principles of equity. Administration after registry to heirs.

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SEC. 47. Wherever an administrator shall have been appointed and shall have caused registered land to be transferred into his name, and he stands ready to be discharged, and it is not necessary to sell such registered land for the purposes of administration and it should properly go to the heirs at law of the decedent, he may institute a proceeding substantially similar to that prescribed in section forty-five of this Act, for the ascertainment of the heirs at law and for an order directing the transfer of such estate from him to such heirs at law when so ascertained. In case any other trustee shall hold title, where the beneficiaries of the trust are not definitely and particularly disclosed, and it becomes appropriate that they should be definitely ascertained, such trustee may in like manner petition the court, upon showing that the trust has become executed, for a decree settling and ascertaining who the beneficiaries are, and directing a transfer to such beneficiaries. Administrator's transfer to heirs. SEC. 48. In cases of transfer of registered land, or any interest therein, from wife to husband, or vice versa, the transfer shall not be entered nor made until the same shall have been approved by the judge of the superior court, and the fact of such approval shall be entered upon the Register of Titles. Husband and wife. SEC. 49. Wherever, as the result of a proceeding in any court of law or in equity, it is adjudged that a transfer of registered land should be made, such transfer may be made by the clerk upon the production of a certified copy of such decree showing in what book and page of the minutes of the court that rendered it the decree is recorded, and an order of the judge of the superior court of the county in which the land lies, directing such transfer to be made; and the certificate of title on the Register of Titles, and the owner's certificate, shall be canceled and new certificates shall be registered and issued accordingly. Production of the certified copy of the decree shall not be required when it is rendered in the same court as that in which the title is registered, but the clerk shall act upon the judge's order of transfer and the inspection of his own minute book. Transfer by clerk, how made.

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SEC. 50. Wherever in any other case it is desired to have an involuntary transfer entered of record, application therefor shall be made to the judge of the court. The judge may hear the facts or, if he deems best, he may refer the application to an examiner of titles to make up and report the facts. He shall see to it that all parties at interest are given reasonable notice before any order of transfer is made. Wherever, in his judgment, the interests of justice so require, he shall, before granting such order, cause notice of the application to be published in the newspaper in which the sheriff's sales of the county are advertised for not less than four insertions in separate weeks. Before granting such order directing the transfer, he shall fully satisfy himself that all parties who have or may have an interest in the matter of the transfer have been notified, and, in the case of minors or other persons under disability, that guardians ad litem have been appointed to represent their interests, and that there is no valid reason why the order directing involuntary transfer should not be made, and thereupon he shall enter a decree or judgment upon the minutes of the court, reciting the facts and that an order of transfer has been issued, and shall issue the order of transfer in substantially the form and manner herein prescribed. Involuntary transfer. SEC. 51. Any writing or instrument for the purpose of encumbering or otherwise dealing with equitable interests in registered land, or tending to show a claim of lien or encumbrance thereon or right therein, may be noted on the certificate of title in the Title Register with such effect as it may be entitled to have. Notation of encumbrance. SEC. 52. Wherever it is sought to have an involuntary transfer registered under the provisions of this Act, and the owner's certificate is not produced so as to be attached to the order directing a transfer, the court shall have the power to issue subp[oelig]na duces tecum or any other process designed to compel the production of the owner's certificate, including attachment for contempt; and if after the process issues the owner's certificate shall not have been

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produced, or it appears to the court that there is no practical means of compelling its production, the court may nevertheless grant the order of transfer, but shall cause the clerk to enter a cancellation of the certificate of title on the Title Register, and to give notice once a week for four weeks in the newspaper in which the sheriff's sales of the county are advertised that such certificate has been canceled, the cost of making such advertisement to be deposited with the clerk before the judge grants the order of transfer without the production of the certificate. Production of owner's certificate compelled. Transfer and cancellation. SEC. 53. Any person having any interest in registered land, whose name shall have been changed by marriage or other cause, may, by petition to the judge of the court, and upon proof of the facts, obtain an order directed to the clerk to note the change of name upon the Title Register, and upon the owner's certificate upon the same being produced. Change of name. SEC. 54. No judgment, levy, or other lien (except lien for taxes, as to which special provision is herein made) shall be effective against registered land, so as to affect any person taking a transfer thereof or obtaining any right or interest therein, unless and until a notation of such judgment or levy or lien be made upon the Title Register. The pendency of any suit affecting the title to registered land, or any interest therein, shall not be held to be notice to any person other than the actual parties to such suit, unless a notation of the pendency of such suit be made upon the Title Register. Lien and lis pendens to be noted. SEC. 55. Nothing herein shall prevent any transfer or other dealing with registered land from being attacked in a court of law or equity as having been made for the purpose of hindering, delaying, or defrauding creditors; provided, that the court having jurisdiction of the case, upon the trial thereof, shall find that the person taking the transfer, or the apparent beneficiary of such dealing, took the benefit of the same with knowledge of the fact that the intention of the transaction was to hinder, delay, or defraud creditors; and provided, further, that none of the rights of innocent

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parties shall be affected thereby. If a court having jurisdiction of the case, upon such proceeding, shall find that any transfer or other dealing with registered land shall have been made for the purpose of hindering, delaying, or defrauding creditors and that the rights of no innocent parties will be prejudiced by the court's judgment or decree, it shall be within the power of said court to pass such judgment or decree as will avoid such transfer or the effect of such other transaction as may have been made to hinder, delay, or defraud creditors; and upon the decree or judgment of such court the judge of the superior court of the county where the land lies, upon application as hereinbefore provided, shall have the authority and power to direct such cancellations and transfers to be entered upon the Title Register and upon the owner's certificate as shall be necessary to carry the same into effect. Transfers to defeat creditors; attack and procedure. SEC. 56. Whenever a writing or record is filed for the purpose of transferring registered land in trust, or upon any condition or unusual limitation expressed therein, or where power is given to sell, encumber, or deal with the land in any manner, no subsequent transfer or voluntary transaction purporting to be exercised under the powers given in such writing or instrument or record shall be registered on the Title Register or on the owner's certificate, except upon application to the court and order of direction from the judge to the clerk as to how the same shall be entered. Transfer in trust, on condition or limitation. SEC. 57. It shall be the duty of every officer in this State charged with the collection of taxes or assessments which shall be a charge upon any registered land or any interest therein, if such taxes or assessments are not paid when due, on or after the expiry of the 31st day of December of the year in which such tax or assessment shall become due, to cause to be entered upon the certificate of title on the Title Register a notation of the fact that such tax or assessment on such registered land or interest therein has not been paid, and the amount thereof. Until and unless such notation is made, such delinquent tax or assessment

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shall not affect any transfer or other dealing with such registered land, but the tax officer failing to perform such duty, and his surety shall be liable for the payment of said taxes, and assessments, with all lawful penalties and interest thereon if any loss is occasioned to the political body, be it State, county, municipality, or other division, by which such loss is sustained. Taxes or assessments. Duty of tax officer. Penalties. SEC. 58. Whenever an owner's certificate of title is lost or destroyed, the owner, or his personal representative, may petition the court for the issuance of a duplicate. Notice of such petition shall be published once a week for four successive weeks in the newspaper in which the sheriff's sales of the county are published; and upon satisfactory proof having been exhibited before it that said certificate has been lost or destroyed, the court may direct the issuance of a duplicate certificate, which shall be appropriately designed and take the place of the original owner's certificate. Provided, that the court may in any case order additional notice to be given, either by publication or otherwise, before directing the issuance of a duplicate certificate; and provided, further, that in case the application is made by personal representative of a deceased person, claiming that the certificate was lost or destroyed while in the possession of the decedent, the notice of the petition shall be published once a week for eight successive weeks, instead of four, as required in other cases. Duplicate of lost certificate. SEC. 59. The clerk of the superior court is charged with the primary duty of determining whether any instrument, writing or record, or other matter is in proper shape for registration, and with the duty of correctly and legally making the registration, including all formal incidents thereto, and shall be liable to any injured person for any failure of duty in this respect. All registrations of title and all entries and notations made by him upon the Title Register, of transfers or of the cancellation or discharge of liens or encumbrances, shall be prima facie conclusive; and unless a caveat be filed, as provided for in this Act, seeking to set aside, modify, or otherwise affect such entry,

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notation, or registration, within twelve months from the date of the making of the same upon the Title Register, the same shall become absolutely conclusive upon all persons; this to be considered and construed as a statute of limitations against the questioning of the correctness of the clerk's action, and is to be without exception on account of disabilities, but shall not operate as a limitation in favor of the clerk as to any action against him for wrong-doing or neglect of duty. In the event application is made to a clerk to have any transfer or other transaction registerel or noted, and he shall be in doubt as to whether the same should be registered, entered, or noted, or shall be in doubt in regard to any detail thereof, either the clerk or any party at interest may petition the judge of the court for direction; and such judge, after it shall have appeared that the parties at interest have had reasonable notice, may proceed to hear the matter and to give directions and instructions to the clerk, whose duty it shall be to follow the directions and instructions of the court. In all matters required of the clerk under this Act, he shall be subject to the direction and orders of the court. Clerk's duty. Registrations, entries and notations, when conclusive. Direction by court to clerk. SEC. 60. If any person at interest shall object to any entry, registration, or notation made by the clerk upon the Title Register, he may, unless such entry, registration, or notation shall have become conclusive by lapse of time under the provisions of this Act, file with the clerk of the court a caveat, setting forth the entry, notation, or registration to which he objects; setting forth what interest he has in the subject-matter, and setting forth the ground of his objection, and praying for such relief as he desires and deems appropriate in the premises. Thereupon the clerk shall note upon the Register of Titles the fact that caveat has been filed, and by whom, and to what entry, notation, or act of registration it applies. Thereupon the matter shall be presented to the judge, who shall order all persons at interest to show cause on a day named why the relief prayed for in the caveat should not be granted; and upon proof being made that due notice has been given to all parties at interest, the judge shall proceed to hear the matter

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and shall render a judgment of the court, giving direction to the matter, and may thereupon require such entry, registration, or notation to be canceled or modified, and may require the outstanding certificate of title and owner's certificate to be modified accordingly. To that end the court may require the outstanding owner's certificate of title to be brought into court by subp[oelig]na duces tecum, or other process, including attachment for contempt, and if the court finds that production of the certificate can not be compelled, then he shall provide for publication of notice of the court's action thereon for a period of time not less than once a week for four weeks in the paper in which the sheriff's sales of the county are advertised, the expense of making the publication to be provided for in such manner as the court shall order. Caveat to entry, etc. Judgment thereon. SEC. 61. The method of causing notations of judgments, liens, encumbrances, or special rights of any kind, other than voluntary transactions claimed by any person against registered land, shall be as follows: The person desiring the notation to be made shall, by himself, his agent or attorney, file, upon a form substantially in compliance with that herein provided for, a request for the notation to be made, giving the particulars; and in case the lien or special rights relate to any other matter of record or court proceeding, he shall state the book and page where recorded, and, if it relates to any special right, shall succinctly give the details of such right so claimed. In case the notation is for the purpose of protecting the lien of a judgment, the persons making the application for the notation shall produce and exhibit to the clerk the execution or a certified copy of the judgment, except in cases where the judgment is rendered in the superior court of the same county where the registration is made, in which event production of the execution or certified copy of the judgment shall not be required, but the clerk may act upon inspection of the original judgment on the minutes of his own court. Procedure to obtain notation. SEC. 62. Voluntary cancellations may be made of any mortgage, certificate of indebtedness, or any lien, equity,

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encumbrance, lis pendens, or other similar matter relating to registered land or any interest therein, and may be entered by the clerk upon the Title Register and the owner's certificate. The entry, notation, or registry of such cancellation may be made upon the written authority of the person for whose benefit the original registration, notation, or entry was made, or his personal representative, or lawful assignee, in a form substantially in compliance with that herein prescribed, attested by any officer authorized to attest deeds; or upon order of the judge. In case of a creditor's certificate the same shall also be surrendered and canceled. Notations of delinquent taxes or assessments may be cancelled upon the production of a certificate of the proper tax officer showing that such taxes or assessments have been paid. Cancellations, entry of. SEC. 63. Every registered owner of any estate or interest in land brought under this Act shall, except in cases of fraud or forgery to which he is a party, or to which he is a privy without valuable consideration paid in good faith, hold the land free from any and all adverse claims, rights, or encumbrances not noted on the certificate of title in the Title Register, except: Adverse claims, land free from except as stated. First. Liens, claims, or rights arising or existing under the laws or Constitution of the United States which the statutes of this State can not require to appear of record under registry laws. Second. Taxes and levies assessed thereon for the current calendar year. Third. Any lease for a term not exceeding three years, under which the land is actually occupied. Fourth. Highways in public use, and railroads in actual operation. No proceedings to attack or to set aside any transaction for such fraud or such forgery as is referred to in this section shall be brought or be entertained by any court unless the same shall have been brought within seven years from

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the date of the transaction or of the registration to which the same relates. Nothing herein shall conflict with the provisions of this Act allowing attack for good cause to be made upon a registration made by the clerk at any time within twelve months from the date of such registration. Limitation of action to set aside. SEC. 64. The obtaining of a decree of registration and the entry of a certificate of title shall be construed as an agreement running with the land, and, except as hereinafter provided, the same shall remain registered land subject to the provisions of this Act and all amendments thereof. Agreement running with land. SEC. 65. If the person who is the registered owner of the fee-simple title to the land shall at any time so desire, he may cause a transfer of the title to be registered to himself, his heirs and assigns, free from further registration. Thereupon the land and the title thereto shall be free from the necessity of subsequent registration, and shall as to subsequent transactions be exempt from the provisions of this Act, so far as the interest of the person thus freeing it from registration and subsequent holders under him are concerned; but as to such interest the certificate of title and owner's certificate registered and issued on the last transfer shall stand as a conclusive source of subsequent title to the same extent as if it were a grant from the State. However, if the interest thus freed is, according to the Title Register, subject to liens, exceptions, encumbrances, trusts or limitations of any kind, such liens, exceptions, encumbrances, trusts or limitations shall not be affected, but shall be noted on the owner's certificate as issued on the last transfer, and shall be effective against the same as long as they shall subsist. If the fee simple be registered undividedly in the name of more than one person, as tenants in common or other like relationship of joint or common interest, it shall not be freed from registration except upon the unanimous action of the owners of the entire fee. Freedom from further registration. Liens, etc., not affected. SEC. 66. No title to nor right nor interest in registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession. No prescriptive title.

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SEC. 67. For the purposes of this Act, the superior courts of the various counties of this State shall be considered as being open and in session at all times, except on Sundays; and every official act of the judge on any matter shall be considered as having been rendered in open court; and no recess or adjournment of the court taken generally or for any other particular purpose shall be considered as having recessed or adjourned the court so far as the purposes of this Act are concerned; and any limitations existing, either under general law or special acts, as to length of time in which the various superior courts of this State may sit in the various counties, shall not be construed as affecting the provisions of this Act. Court in session at all times. SEC. 68. Every clerk of the superior court, every ordinary, and every other officer in this State having charge of public records shall allow each and every examiner appointed by any court in this State, for the purposes of this Act, free inspection of all the public records relating to his office and in any wise appertaining to any matter under the investigation of such examiner. Inspection of records by examiner. SEC. 69. In case any clerk is disqualified by reason of relationship or interest, or from any other cause, or in case of the death or other disability of the clerk of the superior court to act in any matter arising under this Act, the duties required of such clerk may be performed either by the ordinary of the county or by a special clerk appointed by the judge for that purpose, the entry of appointment of such special clerk and of the purpose for which he is appointed being duly entered and recorded upon the minutes of the court. Disqualified clerk. SEC. 70. The judges of the superior courts in convention may from time to time make general rules and forms for procedure relating to the subjects in this Act dealt with, and may modify the forms herein prescribed, but such rules and forms shall be uniform throughout the State, and shall be subject to the provisions of this Act and the general laws of this State. Rules and forms by judges, to be uniform. SEC. 71. In any case, by consent of the parties or upon

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order of the judge, the examiner may procure the services of a stenographer to report the testimony taken before him; and the compensation of such stenographer, unless agreed on by the parties, shall be fixed by the judge and taxed as costs. Stenographer. SEC. 72. Wherever notice is required by this Act and no provision as to how notice shall be given is made, or wherever, in the discretion of the judge, additional notice to that provided for in this Act should be given to any particular person or persons, or to the public generally, the judge may order such notice to be given, and provide the manner in which it shall be given. Notice additional, manner of. SEC. 73. Except as otherwise specially provided by this Act, registered land and ownership therein shall be subject to the same rights, burdens, and incidents as unregistered land, and may be dealt with by the owner, and shall be subject to the jurisdiction of the courts in the same manner as if it had not been registered. But registration shall be the only operative act to transfer or affect the title to registered land, and shall date from the time the writing, instrument, or record to be registered is duly registered on the Title Register. Subject to the provisions of section 63, no voluntary or involuntary transaction shall affect the title to registered land until registered or noted on the Title Register, in accordance with the provisions of this Act. Registration necessary, to affect registered land. SEC. 74. Upon the original registration of any land under this Act there shall be paid to the clerk one tenth of one per centum of the value of such land, to be determined by the court, as an assurance fund, which shall be subject to the trusts and conditions hereinafter declared for the uses and purposes of this Act. Assurance fund. SEC. 75. All moneys received by the clerk under the preceding section shall be kept in a separate account and be paid promptly into the State Treasury upon the special trust and condition that the same shall be set aside by the Treasurer in trust as a separate fund for the uses and purposes of this Act, to be known as the Land Registration

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Assurance Fund, which said fund is hereby appropriated to the uses and purposes set forth in this Act. State Treasury custodian. SEC. 76. Said moneys, in so far as the same may not be required to satisfy any judgment certified against the assurance fund under section 79 of this Act, shall be invested by the Treasurer of the State in State bonds, or validated county or municipal bonds, in trust for the uses and purposes set forth in this Act, until said fund amounts to the sum of five hundred thousand dollars; but the income, or so much thereof as may be required therefor, may be applied towards the payment of the expenses of the administration of this Act and the satisfaction of any such judgment. Whenever and so long as the face value of the bonds purchased as aforesaid equals said sum of five hundred thousand dollars, other moneys thereafter coming into said fund, together with any income not required for the purposes aforesaid, shall be transferred from the land registration assurance fund to the general Treasury. Investment of the fund. Income, how applied. SEC. 77. Any person entitled to notice and who had no actual notice of any registration under this Act by which he may be deprived of any estate or interest in land, and who is without remedy hereunder, may, within two years next after the time at which the right to bring such action shall have first accrued to him, or to some person through whom he claims, bring an action of assumpsit against the Treasurer of the State, in the superior court in the county where such land is located, for the recovery, out of the assurance fund, of any damages to which he may be entitled by reason of any such deprivation. The Treasurer shall be served by second original copy of proceedings so filed, which service shall be sufficient. The assurance fund shall be defended in such action and in any appeal by the Attorney-General for the State. The measure of damages in such action shall be the value of the property at the time the right to bring such action first accrued, and any judgment rendered therefor shall be paid as hereinafter provided. If any person entitled to bring such action be under the disability of infancy, insanity, imprisonment, or

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absence from the State in the service of the State or of the United States, at the time the right to bring such action first accrued, the same may be brought by him or his privies within two years after the removal of such disability; but provided, nevertheless, that all persons nonresident of the State, all persons who are described in the proceedings as being unknown, or of unknown address, or as to whom it appears from the record that they could not be found so as to be served, shall be considered as having had actual notice where notice has been published in accordance with the provisions of this Act. Action, right of, against assurance fund. Defense. Measure of damages. Persons under disability. SEC. 78. If such action be brought to recover for loss or damage arising only through the legal operation of this Act, then the Treasurer of the State shall be the sole defendant. But if such action be brought to recover for loss or damage arising on account of any registration made or procured through fraud, neglect, or wrongful act of any person not exercising judicial function, then both the Treasurer of the State and such person or persons shall be made parties defendant. Parties defendant. SEC. 79. If judgment be rendered for the plaintiff in any such action, execution shall issue against the defendants, if any, other than the Treasurer of the State. And if such execution be returned unsatisfied in whole or in part, or if there be no such defendants, then the clerk of the court in which the judgment was rendered shall certify to the Treasurer the amount due on account thereof, and the same shall then be paid by said Treasurer out of the assurance fund under the special appropriation hereby made of said fund for that purpose. Any person other than the Treasurer of the State, against whom any such judgment may have been rendered, shall remain liable therefor, or for so much thereof as may be paid out of the assurance fund; and said Treasurer may bring suit at any time to enforce the lien of such judgment against such person or his estate for the recovery of the amount, with interest, paid out of the assurance fund as aforesaid. Payment of execution. [Illegible Text] of other persons. SEC. 80. The assurance fund shall not, under any circumstances,

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be liable for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, on the part of the registered owner of any estate or interest in land. Non-liability of fund. SEC. 81. If at any time the assurance fund be insufficient to satisfy any judgment certified against it as aforesaid, the unpaid amount shall bear interest and be paid in its order out of any moneys thereafter coming into said fund. Insufficiency of fund. SEC. 82. All judgments and decrees of the superior court or the judge thereof rendered under the provisions of this Act shall be subject to review by the Supreme Court upon writ of error, and the procedure to obtain such review shall be by what is known as fast writ of error, and such as obtains in injunction and criminal cases. Review on writ of error. SEC. 83. The duties required of the clerk and sheriff hereunder may be performed through their lawful deputies, the clerk or sheriff as the case may be, however, being responsible for the act of such deputy. Deputy clerk and sheriff. SEC. 84. Neither the limitations provided by this Act within which proceedings hereunder may be brought, nor the provisions setting times whereupon matters and things shall become conclusive, shall prevent any injured party from having an action at law against any person or officer through whose fraud or negligence he may have suffered any loss or damage arising out of any acts of omission or of commission of such person or officer in connection with the matters and things arising from the provisions of this Act, but all such actions shall be governed by the statutes of limitation which would otherwise relate to the transaction. Limitations of actions. SEC. 85. Any person who shall fraudulently obtain or attempt to obtain a decrec of registration of title to any land or interest therein, or who shall knowingly offer in evidence any forged or fraudulent document in the course of any proceedings in regard to registered lands or any interest therein, or who shall make or utter any forged instrument of transfer or instrument of mortgage, or any other

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paper, writing, or document used in connection with any of the proceedings required for the registration of lands, or the notation of entries upon the Register of Titles, or who shall steal or fraudulently secrete any owner's certificate, creditor's certificate, or other certificate of title provided for under this Act, or who shall fraudulently alter, change, or mutilate any writing, instrument, document or record, or registration or register provided for under this Act, or who shall make any false oath or affidavit in respect to any matter or thing provided for in this Act, or who shall make or knowingly use any counterfeit of any certificate provided for by this Act, shall be guilty of a felony and be punished by imprisonment in the penitentiary for not less than one nor more than ten years. Any clerk, deputy clerk, special clerk, or other person performing the duties of clerk who shall fraudulently enter a decree of registration without authority of the court, or who shall fraudulently register any title, or who shall fraudulently make any notation or entry upon the Title Register, or shall fraudulently issue any certificate of title, or creditor's certificate or other instrument provided for by this Act, or who shall knowingly, intentionally, and fraudulently do any act of omission or commission under color of his office in relation to the matters provided for by this Act, shall be guilty of a felony and be punished by imprisonment in the penitentiary for not less than one nor more than ten years, and shall, upon his conviction, be removed from office and thereafter forever disqualified from holding any public office. Any examiner of title who shall knowingly and fraudulently make any false report to the court as to any matter relating to any title which it is sought to register under the provisions of this Act, or as to any matter affecting the same, or as to any other matter referred to him under the provisions of this Act, or who shall fraudulently conspire or confederate with any other person or persons to use the provisions of this Act to the defrauding of any other person or persons, firm or corporation, or who shall be guilty of any willful malpractice in his office, shall be guilty of a felony and be punishable by imprisonment in

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the penitentiary for not less than one nor more than ten years. Any sheriff or deputy sheriff or other person performing the duties of the office of sheriff, who shall knowingly and fraudulently make any false entry or return in connection with any matter arising under the provisions of this Act, or who shall fraudulently conspire with any person or persons to defraud any other person or persons through the provisions of this Act, shall be guilty of a felony and be punished by imprisonment in the penitentiary for not less than one nor more than ten years, and on conviction shall be removed from office and thereafter forever disqualified from holding any public office in this State. The felonies provided for in this Act may, in the matter of punishment, be reduced to misdemeanors in the manner prescribed in Section 1062 of the Penal Code of this State. Punishment as felony for acts of fraud, forgery, theft, etc. Official misconduct a felony. Clerk or deputy. Examiner. Sheriff or deputy. Reduction to misdemeanor. SEC. 86. The following is prescribed as the form of petition to be used when application is made for the original register of lands: Forms. ORIGINAL PETITION FOR REGISTRATION OF LANDS. Georgia,.....County. To the Superior Court of said County: The petition of.....shows: Petition to register land. The petitioner applies to have the land hereinafter described brought under the provisions of the Land Registration Act, and his title thereto confirmed and registered as provided therein, and under oath shows the following facts: (1) Full name of each applicant..... (2) Residence of each applicant..... (3) Post-office address of each applicant.....

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(4) The name and address of applicant's agent or attorney upon whom process or notices may be served (not required unless applicant is a non-resident)..... (5) Full description of the lands (giving also land district and lot numbers where the land lies in that portion of the State where the lands have been surveyed by districts and numbers; and if more than one parcel is included, describe each parcel separately and distinctly)..... containing.....acres. (6) What is the value thereof? $..... (7) At what value was it last assessed for taxes? $..... (8) What interest or estate does the applicant claim therein?..... (9) What is the value of the interest or estate claimed by the applicant?..... (10) From whom did the applicant acquire the land?..... (11) Does the applicant claim title by prescription?..... (If so, set forth fully the color of title, if any, under which the prescription is claimed, and state the details of the possession by which it is claimed prescription has ripened. If the color of title consists of one or more instruments of record on the public records of the county, such instruments need not be copied or exhibited to the application otherwise than by giving the name of the grantor and the grantee, the date and nature of the instrument, and a reference

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to the book and page where recorded.)..... (12) Does applicant claim title by a complete chain of title from the State or other original source of title?..... (13) Is there a true and correct obstract of applicant's title papers attached hereto?..... (14) Do you know, or have information, of any other deed, writing, document, judgment, decree, mortgage, or instrument of any kind not set forth in the abstract which relates to this land or any part thereof, or which might affect the title thereto or some interest therein? If so, state the same..... (15) Has the land, or any part thereof, ever been set apart as a homestead or exemption or as dower? If so, state particulars...... (16) Who is now in possession of the land?..... (17) Do you know any one else who claims to be in possession of the land or any part thereof? If so, give name and address:..... (18) Give name and address of each person occupying the land or any part thereof, and state by what right or claim of right such occupancy is held...... (19) Give the name, residence, and address of each and every person, other than the applicants, who claim any interest, adverse or otherwise, vested or otherwise, in the land or any part thereof, stating the nature of the claim, and if any such persons are under disability of any kind, state the nature of the disability:

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Land Registration Act. NAME RESIDENCE ADDRESS DISABILITY (IF ANY) NATURE OF CLAIM (20) Give the name, residence, and address of the holder of every known lien, whether considered by the applicant to be valid or not: Liens. NAME RESIDENCE ADDRESS NATURE OF LIEN (21) Give the names and addresses of the owners and occupants of all adjoining lands:..... Adjoining land occupants.

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(22) Is the land subject to any easement, except public highways and railroads in actual operation? If so, state fully...... Easements. (23) Give age of applicant..... Age and sex of applicant. (24) Is the applicant male or female?.....married or single....., widow or widower?..... (25) If married, give wife's (or husband's) name, and include her or him in the list of defendants..... Spouse. (26) The applicant names as defendants the following persons whose names have been given above, viz:.....and also all other persons whom it may concern. Defendants. Wherefore the applicant prays process and judgment accordingly. ..... ..... Petitioner's Attorney. (To be sworn to by each applicant. Verification in case of a corporation may be made by any officer thereof; in case of minor or other persons under disability, by the person filing the petition in his behalf.) Verification. I do swear that I have read the foregoing petition, and have examined the schedules thereto attached, and that the same are true to the best of my knowledge and belief, and that nothing has been withheld in the answers which would in any wise affect the title to the land or any interest therein

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or which would disclose any person claiming an adverse interest, valid or not. I do further swear that I bona fide believe that the applicant is the true owner of the estate he seeks to have registered. ..... Sworn to and subscribd before me, this.....day of.....191..... (If more than one applicant, they may verify jointly or by separate affidavits.) EXHIBIT A. ABSTRACT OF TITLE. SEC. 87. The following is prescribed as the form of process to be attached to the petition: Georgia,.....County: In the Superior Court of said County. To the sheriffs of said State and their lawful deputies: Process. The defendants.....and all other persons whom it may concern are required to show cause before said court, on the.....day of.....191....., (not less than forty or more than fifty days from date of process) why the prayers of the foregoing petition should not be granted, and why the court should not proceed to judgment in such cause. Witness the Honorable....., judge of said court, this the.....day of.....191..... .....Clerk. SEC. 88. The advertisement to be inserted in the newspaper

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in which sheriff's sales of the county are advertised for four insertions in separate weeks should be substantially in the following form: Georgia,.....County. In the Superior Court of said County. To whom it may concern, and to (here insert the names of all defendants, if any, who reside beyond the limits of the State, or whose place of residence is unknown): Advertisement. Take notice that.....has filed in said court a petition seeking to register the following lands under the provisions of the Land Registration Act, to wit: (Here describe lands). You are warned to show cause to the contrary, if any you have, before said court on the.....day of.....191..... This.....day of.....191..... .....Clerk. SEC. 89. Acknowledgment of service may be made in the following form, provided it be entered on the petition or entitled in the cause and signed in the presence of the judge, the clerk, or the examiner, and attested by such officer: Due and legal service of the within and foregoing petition for registration is acknowledged. Further service, process, and notice waived, this the.....day of.....191..... Acknowledgment of service. ..... In the presence of..... SEC. 90. The sheriff's return should be made substantially in the following form, and entered on or attached to the petition: Georgia,.....County: I have served copies of the within petition for registration

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and process upon the following persons at the time and in the manner stated as follows: Return of service. ..... I have also posted in a conspicuous place on the land described herein and on each separate tract thereof a copy of the notice as required by law. I have furthermore gone upon the land, and the following is the name and post-office address of each and every person above the age of 14 years actually occupying the premises, viz: Of posting, etc. ..... This the.....day of.....191..... .....Sheriff. SEC. 91. The clerk should also enter on the petition a certificate substantially in the following form: I certify that on the.....day of.....191....., I mailed to each of the following persons a copy of the within petition and process to his post-office address as disclosed by the record, viz: Certificate of mailing. .....and that advertisement has been published in accordance with law, a copy of said advertisement being hereto attached. This.....day of.....191..... .....Clerk.

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SEC. 92. Substantially, the following form should be used in appointing examiners: Mr....., a competent attorney at law, of good standing in his profession, and of at least three years' experience, is hereby appointed a master or auditor in and for the.....Judicial Circuit, to discharge the duties of examiner as provided in the Land Registration Act. This appointment is.....(either general or for a particular case, as the case may be). Examiner's appointment. This.....day of.....191..... ..... Judge Superior Court. SEC. 93. The examiner is required to take the following oath to be filed along with the order of his appointment in the office of the clerk of the superior court of his residence: I,....., do swear that I will faithfully, well and truly perform the duties of examiner under the Land Registration Act, according to law to the best of my skill and ability. Oath of Examiner. ..... Sworn to and subscribed before me, this.....day of.....191..... ..... SEC. 94. Upon the clerk's notifying the judge that a petition has been filed, he shall promptly refer it to an examiner in substantially the following form: In the Superior Court of.....County, Ga.: Reference to Examiner. In re..... Application to register ..... Land. Ordered that this matter be and is hereby referred to....., as examiner for proceedings

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ceedings in conformity with the Land Registration Act. This.....191..... ..... Judge. SEC. 95. The following is suggested as the general form of the preliminary report of an examiner: Preliminary report of Examiner. In the Superior Court of.....County, Ga.: In re..... Application to register ..... Land. The undersigned, as examiner, makes the following preliminary report: I have examined all records as required by the Land Registration Act. I attach an abstract of the title (Schedule A) as shown on the public records and so far as obtainable from other trustworthy sources. The names and addresses of all persons, so far as I have been able to ascertain, who have any interest in the land, are set out in Schedule B hereto, showing their several apparent or possible interests and indicating upon whom and in what manner service should be made. A like disclosure of all adjoining landowners is set out in Schedule C hereto. I find the following to be a history of the possession..... Special attention is called to the following matters:..... This.....191..... ..... Examiner.

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SCHEDULE A. Examiner's Full Abstract. SCHEDULE B. Names and addresses of all persons having apparent or possible interests in the land, other than applicants, and indicating upon whom and in what manner further service, if any, should be made..... Schedules. SCHEDULE C. Names and addresses of all adjoining owners:..... SEC. 96. The following is suggested as the general form of the examiner's final report: In the Superior Court of.....County, Ga.: In re..... Application to register ..... Land. The undersigned, as examiner, makes this his final report: Final report of Examiner. The preliminary report filed by the undersigned is made a part hereof, and is correct, except as herein otherwise stated. The following proceedings have occurred before the examiner, and accompanying herewith is a brief (or a stenographic) report of the evidence taken on the hearing: ..... In Exhibit....., hereto, is a report of the matters ascertained by the independent examination of the examiner.

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My conclusions of fact are set forth in Exhibit....., hereto annexed. My conclusions of law are set forth in Exhibit....., hereto annexed. I find the state of the title to be as follows:..... I find that there are liens and encumbrances on the land as follows:..... This.....191.... ..... Examiner. SEC. 97. Decrees of title should be rendered in accordance with the following form: Decree of title. State of Georgia,.....County: In the Superior Court of said County: In re..... Application to register ..... Land. The above entitled cause coming on to be heard and it appearing to the court that process has been served and notice given and publication made, all in full compliance with the Land Registration Act, and that all the requirements of said Act have been complied with, it is decreed, ordered, and adjudged that the title to the lands involved, to wit: (here describe lands) is held and owned as follows:

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The fee simple belongs to.....subject to the following limitations and conditions:..... It is further ordered and decreed that said lands be and are hereby brought under the operation and provisions of the Land Registration Act, and the title of the said.....in and to the estate herein set forth above is confirmed and ordered registered; subject, however, to the following liens and encumbrances, viz:.....and subject also to..... Let this decree be entered on the minutes of this court and on the Register of Decrees of Title of said county. In open court this.....191.... .....Judge. SEC. 98. It is contemplated by this Act that the book known as the Register of Decrees of Titles shall be made up in the following manner: It shall be of such size as that each page may contain a full copy of the decree of title. Only one (1) decree should be entered on any page. Each page should have printed thereon the form of the decree of title as herein prescribed, with ample spacing left in the blanks. At the bottom of the page should be the words, Entered and registered this.....day of....., 191....., at.....o'clock.....M., and certificate of title No.....issued thereon. Book of decrees how made. .....Clerk. At the top of the page and preceding the copy of the decree

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should be the words, Registered Title No..... The first decree entered is numbered, Registered Title No. 1, the second, Registered Title No. 2, and so on in continuous, consecutive order. The registered title number of a registered tract never changes, though any number of subsequent certificates may be issued thereon; therefore the registered title number and the certificate number will usually be different. Even though several separate tracts may be joined in the same application, the judge should render separate decrees as to each tract; and these decrees should be separately entered and given separate registered title numbers. Every certificate of title and every owner's crtificate and creditor's certificate must carry on it (in addition to its own certificate number) the registered title number of the decree under which the tract to which it pertains was registered. A part of the register of decrees of title shall be an alphabetical index thereto, which the clerk shall carefully keep. Whenever a decree is entered on the register of decrees of title, the clerk shall immediately index the same in the name of the person in whose favor the title is registered, under proper alphabetical head; the name being followed by the registered title number. If the decree is in favor of more than one person, it shall be separately indexed under the name of each and all of them; the name of each of said persons being shown under the proper alphabetical head. Index. SEC. 99. It is contemplated by this Act that the Title Register shall be a well-bound book with pages not less than 18 inches wide. It shall be labeled on the back with the words, Title Register, followed by the name of the county. Additional labels may be put on to show what certificates are included (as, for example, Certificates 1501-2000, inclusive), or other similar information, for convenience's sake. It shall be printed and ruled in substantially the form here shown: Title register book.

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TITLE REGISTER

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TITLE REGISTER.....COUNTY

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TITLE REGISTER.....COUNTY

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The two pages thus facing each other on the register constitute the original certificate of title, when the blanks are duly filled in and signed by the clerk. The first certificate of title in the book should be numbered Certificate No. 1, the next one Certificate No. 2, and so on, in continuous, consecutive order. If a new book be opened, the numbering therein should begin with the number next succeeding the last number in the book just completed. In registering a certificate of title, in addition to the certificate number, the registered title number should also be inserted. The registered title number is always the same as that which appears on the decree of title, by virtue of which the land to which the certificate relates was originally registered. Therefore every certificate of title registered in the Title Register bears a different certificate number from every other certificate of title registered therein, but all certificates of title which refer to the same registered tract, no matter how many such certificates may be issued in the course of time, bear the same registered title number. Registered title number. The clerk shall keep an alphabetical index of the Title Register. This may most conveniently be kept in a separate book. Whenever a certificate of title is entered in the Title Register the clerk shall insert in the index, under proper alphabetical head, the name of the person in whose favor the certificate is registered, and the reference to the certificate number and the registered title number. Whenever a certificate is entered in the name of more than one person, the name of each shall be likewise alphabetically indexed. Index. SEC. 100. When registering a certificate of title upon a transfer the clerk shall bring forward and appropriately enter on the new certificate of title all entries and notations appearing on the certificate from which the transfer is made, except such as shall have been canceled. In transcribing entries brought forward the clerk will note under the column headed Remarks against such entries the words Brought forward. Entries.

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SEC. 101. The clerk shall, upon request of any person and the payment of lawful fees, issue a certified copy of any certificate of title or of any entry thereon, in like manner as he may issue certified copies of any other public record in his office, but whenever he so does he shall plainly mark in large legible letters across the face of the certificate the word copy. If certified copy of a canceled certificate or entry shall be made, in addition to transcribing a copy of the entry of cancellation, the clerk shall also plainly mark the words canceled certificate, or canceled entry, as the case may be, across the face of copy. Certified copies. SEC. 102. Whenever a plat of the premises, too large or too intricate for eacy transcription on the Register of Decrees of Title or on the certificate of title, is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy the same on the Register of Decrees of Title or on the certificate of title, but he shall record the same in one of the public record books in his office and in lieu of copying the plat shall note the existence of the same, together with a reference to the book and page where recorded. If the holder of the owner's certificate desires a copy of the plat attached as a part of his owner's certificate, the clerk shall make a copy and certify it and so attach it upon payment of a fee of $1.00 for that particular service. Plat record. Copy. SEC. 103. Whenever in the registering of any certificate of title or any notation or entry on the Title Register it is found that the description of the premises or the portion thereof involved, or any other detail in connection with the transaction, is too lengthy to be transcribed in full in the proper space on the Register, it shall be permissible to record the instrument, document, or writing in which such lengthy detail or description is contained on some public record book of the county, and, instead of setting forth the description or other detail, as the case may be, in extenso, on the Title Register, to state it in general terms with the reference for further particulars to the public record where recorded, thus: For further detail, see Deed Book......

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page....., and such registration shall be adequate to all intents and purposes, and the record thus made on the public record shall be considered as a part of the certificate of title contained on the Title Register. Description, reference to. SEC. 104. Whenever any of the description or details of a certificate of title on the Title Register shall be set out in full in some other record of the clerk's office with reference thereto on the Title Register, as hereinbefore provided, like reference shall be made on the owner's crtificate and on creditor's certificates when thereafter issued; but if the holder of such owner's certificate or creditor's certificate shall so require, the clerk shall make a full and complete copy of such record to which reference is made, and certify it as such, and attach it to the owner's certificate or the creditor's certificate, as the case may be. For making and certifying such copy of the recorded document or writing and attaching it to the owner's certificate, or creditor's certificate, as the case may be, the clerk shall be paid ten cents per hundred words in addition to the other regular fees in this Act provided. Description, certified copy. SEC. 105. The form of the owner's certificate of title shall correspond in general form with the certificate of title, except that it shall be headed with the words, Owner's Certificate of Title. It is suggested that it be prepared on paper of suitable size, to be folded into four pages; the first page to contain the certificate proper (i. e., omitting the notations, and special entries); the inner pages (i. e., pages 2 and 3) to be ruled and written or printed (preferably the latter) in conformity with the form herein shown for the printing and ruling of the Title Register for the entry of transfers, liens, encumbrances, creditor's certificates, and other like matters, these two pages being treated for this purpose as a single sheet, so that ample space will thereby be given for the crosswise extension of the entries. On the back or fourth page it is to be endorsed thus: Certificate of title, form. OWNER'S CERTIFICATE OF TITLE. Registered Title No......

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Certificate No...... Endorsed. Issued to..... Georgia,.....County. Entered and Registered (in lieu of certificate No......, which has been canceled). This.....day of.....191....., at.....o'clock.....M. ..... Clerk Superior Court. In case of the first issuance of the owner's certificate on the granting of a decree of registration the words shown in parentheses in the endorsement above should be omitted. Suggestion as to forms. It is suggested that convenience will be subserved by folding the certificate in the manner of folding documents written on legal cap or foolscap paper, and by writing or printing the endorsement in the style and manner in which similar endorsements are usually put on legal documents. When printed blanks are prepared for use in this connection, it is also suggested that blank form of transfer be printed on part of the fourth page, other than that part used for the endorsement. Space, however, should be left on the fourth page for such entries as the clerk may be required to make from time to time, under the provisions of this Act, certifying that the certificate is valid with all entries to date noted. SEC. 106. The clerk shall first satisfy himself, before registering any voluntary transfer, that the same is witnessed and attested or acknowledged in accordance with law; and he and the sureties on his bond are liable for any loss or damage occasioned to any person through registration of a transfer not so executed. Clerk's duty. SEC. 107. The following are prescribed as the regular forms of transfer. Other forms may be used in accordance with the provisions of this Act:

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TRANSFER OF WHOLE OF REGISTERED ESTATE. In consideration of.....the undersigned,.....,hereby transfers, sells, and conveys to.....his entire right, title, estate, and interest in the tract of land described in the certificate of title No......, hereto attached, registered as registered Title No......in the office of the clerk of the superior court of.....County, Georgia. This.....day of.....191..... Form of transfer of whole estate. Signed, sealed, and delivered in presence of: ..... ..... TRANSFER OF UNDIVIDED INTEREST IN REGISTERED ESTATE. In consideration of.....the undersigned,....., hereby transfers, sells, and conveys to.....an undivided.....interest in the tract of land described in the certificate of title No......, hereto attached, registered as Registered Title No......in the office of the clerk of the superior court of.....County, Georgia. This.....day of....., 191..... Of interest therein. ..... Signed, sealed, and delivered, in the presence of: ..... ..... TRANSFER OF DIVIDED PORTION OF A REGISTERED ESTATE. In consideration of.....the undersigned hereby transfers, sells, and conveys to.....

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his entire right, title, interest, and estate in and to the following lands, viz:..... being a divided portion of the tract of land described in the certificate of title No......hereto attached, registered as Registered Title No......in the office of the clerk of the superior court of.....County, Georgia. Of divided part. This.....day of....., 191..... ..... Signed, sealed, and delivered, in the presence of: ..... ..... TRANSFER TO SECURE DEBT, WITH POWER OF SALE. To secure a debt payable to....., in the sum of.....evidence as follows:.....the undersigned hereby transfers, sells, and conveys to said.....all the title of the undersigned in and to the tract of land described in the certificate of title No......, herewith shown, registered as registered title No......in the office of the clerk of the superior court of.....County, Georgia, with power to sell the same after lawful advertisement, without foreclosure, in accordance with the provisions of the Land Registration Act, if any part of said debt is not paid at maturity. To secure debt. This.....day of.....191..... Signed, sealed, and delivered, in the presence of: ..... .....

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SEC. 108. The following is the form of creditor's certificate referred to in this Act: CREDITOR'S CERTIFICATE. State of Georgia,..... County: Creditor's certificate. Registered Title No...... Certificate No...... I hereby certify that the title to the estate hereinafter mentioned in the following described land lying in said county, viz:..... is registered under the provisions of the Land Registration Act and thereby vested in..... as security for a debt created by the holder of the owner's certificate of title to said estate, viz: (here insert name of the holder of the owner's certificate); said debt being particularly described as follows:..... with power conferred to sell the same after lawful advertisement, without foreclosure, in accordance with the provisions of the Land Registration Act, if any part of said debt is not paid at maturity. The estate in said land so held is as follows:..... subject to the following limitations, conditions, encumbrances, etc., viz:..... and such other as may be noted hereon. Witness my hand and seal of office, this..... day of..... 191....., at..... o'clock..... M. ..... Clerk Superior Court,..... County. (Official Seal.)

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All uncanceled entries appearing on the certificate of title at the time the creditor's certificate is issued shall be noted and entered on the creditor's certificate. The creditor's certificate shall bear an endorsement on its back in the following form: CREDITOR'S CERTIFICATE. Registered Title No...... Certificate No...... On lands registered in the name of..... Issued to..... Georgia,..... County. Endorsed. Entered and registered this..... day of..... 191....., at..... o'clock,..... M. ..... Clerk Superior Court. SEC. 109. Where only a portion of the registered land or only an undivided interest is transferred to secure a debt, the instrument of transfer and the creditor's certificate may be in the same form as those prescribed in the two preceding sections, with the exception that the portion or the undivided interest shall be distinctly stated. Interest or portion. SEC. 110. Where the judge orders a transfer to be made under any of the provisions of this Act, the judge's order of transfer shall be in the following form, unless the exigencies of the case require a different form: JUDGE'S ORDER OF TRANSFER. In the Superior Court of..... County, Georgia: Transfer on judge's order. For good cause shown to the court, the clerk is directed to cancel the Certificate of Title No......, Registered Title No......, standing in the name of.....

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on the Title Register and to register a certificate of title in lieu thereof, as follows: in accordance with the decree of court rendered in suit of..... vs...... in..... court; and transfer of title is accordingly ordered. You will enter this transfer upon the Title Register, noting upon the same a reference to the book and page upon which the above-recited order or decree may be found. This order of transfer to be effective upon the presentation of the outstanding owner's certificate, which you will cancel. * * (*If the court has not been able to require the production of the outstanding owner's certificate, the judge shall erase this sentence from the order and substitute in the blank space below it the following: You will cause notice to be published, in accordance with the law, that the certificate is canceled.) ..... This..... day of..... 191..... ..... Judge. If the exigencies of the case require a variation from form above prescribed, the clerk shall also record the judge's order on the minutes of the court, and, under the appropriate heading in the entry of transfer on the Title Register, write the words Special, See Minute Book....., page..... If the judge's order of transfer is made without obtaining production of the outstanding owner's certificate, the clerk in entering the transfer shall, under the heading Remarks, write Owner's certificate not produced, but canceled by publication. SEC. 111. The regular form of mortgaging land shall be as follows: Form of mortgaging. The undersigned.....

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to secure the following indebtedness, viz:..... mortgages to..... the estate, title, and interest of the undersigned in and to all of the tracts of land described in the certificate of title No......, herewith shown, registered as Registered Title No...... in the office of the clerk of the superior court of..... County, Georgia. ..... Signed, sealed, and delivered in the presence of: ..... ..... ..... If only a part of undivided interest is mortgaged, strike the word all and insert particularly a description of the portion or interest mortgaged. Mortgages so executed may be registered as regular instruments, as hereinbefore provided. Mortgages in other forms and with other provisions may be registered, but shall also be recorded in accordance with the provisions of this Act regulating the registration of such irregular instruments. Registry of mortgages. SEC. 112. Delinquent taxes and assessments shall be noted on the Title Register, upon the officer charged with the collection of taxes filing with the clerk a certificate substantially in the following form: NOTATION OF DELINQUENT TAXES. I certify that..... (State, County, or City, as the case may be) has a lien for unpaid taxes (or assessments, as the case may be) for the year 191..... against the land described in certificate No......, Registered Title No......, registered in the office of the clerk of

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the Superior Court of.....County, in the amount of $..... The clerk will please note the same on the Title Register. Taxes; form of notation. This.....day of.....191..... ..... Tax-Collector. SEC. 113. The regular form to be used by any person, his agent or attorney, desiring a judgment to be noted on the Title Register is as follows: NOTATION OF JUDGMENT. To the Clerk of Superior Court.....County, Georgia: Judgment; form of notation. Please note on certificate of title No....., Registered Title No....., a judgment issued from.....Court of.....in favor of..... vs......for the amount of $..... This.....day of.....191..... ..... SEC. 114. The regular form to be used where any person desires a notation to be made of any lien, encumbrances, or special right (other than voluntary transactions, and other than those herein otherwise provided for) is as follows: REQUEST FOR NOTATIONS OF SPECIAL RIGHT. The undersigned.....claims against the land described in certificate No....., Registered Title No....., registered in the office of the clerk of the Superior Court of.....County, the following lien (encumbrance, equity, or special right, as the case may be):..... in proof of which reference is had to the following record

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or court proceeding, viz:..... Please note the same upon the Register of Title accordingly. Special right; form of notation. ..... Sworn to and subscribed before me the.....day of.....191..... ..... The above form may be used to give notice of a lis pendens. If the description of the alleged encumbrance, equity or special right be too lengthy to note with convenience on the blanks in the Title Register, the request for the notation of the same shall be recorded on the deed book of the county and the clerk shall register only a general description of it, but shall note, under the appropriate column heading in the Title Register, the reference Special, see Deed Book....., page..... Description, reference to. SEC. 115. Authority may be given to register the cancellation of a creditor's certificate by the owner thereof writing thereon Canceled. The clerk will please cancel the same on the Title Register, dated and signed in the presence of an officer authorized to attest deeds. If the person owning the creditor's certificate is not the person in whose name it was issued, and if the original creditor shall not have endorsed it in blank, the owner signing the cancellation shall also make affidavit that he is the owner of the creditor's certificate and entitled to cancel it. The creditor's certificate shall be surrendered to the clerk at the time of the registration of the cancellation. Cancellation of creditor's certificate. SEC. 116. Authority to the clerk to cancel entries or other liens, mortgages, encumbrances, special claims, and like matters may be conferred by the person in whose favor the same exists, or his personal representative, executing a request as follows:

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REQUEST TO CANCEL ENTRY. To the Clerk of the Superior Court of.....County: Cancellation of entry. You are directed to cancel the entry registered in my favor on certificate of title No....., Registered Title No....., claiming the following lien (encumbrance or special right, as the case may be)..... This.....day of.....191..... ..... SEC. 117. Where it is desired to register a voluntary transaction other than those for which forms have been otherwise indicated or prescribed, the instrument showing the voluntary transaction shall be presented along with the owner's certificate, and the same shall be noted, not only on the certificate of title in the Title Register, but also on the owner's certificate. If the instrument be already recorded on some public record, reference shall be made in the Title Register and on the owner's certificate to the book and page where it is recorded; if it be not already recorded, the clerk shall record it, making like reference in the Title Register and on the owner's certificate to the book and page where recorded. Voluntary transaction, registry of. SEC. 118. The holder of an owner's certificate of title may at any time present it to the clerk, and, if the certificate of title on the Register has not been canceled, the clerk shall thereupon enter on the owner's certificate all entries and notations of every kind which shall appear on the certificate of title, if all such entries shall not have already been entered on the owner's certificate, and shall thereupon endorse upon the owner's certificate the words: Valid, with all entries noted to this date. This.....day of....., 191....., at.....o'clock.....M., signing the same officially. Entries and notations. SEC. 119. The county commissioners or other officers in each county having in charge county business shall furnish

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the clerk with the necessary durable filing cases, and he shall carefully number and file away all papers relating to registered lands and dealing therewith. All the papers relating to each registered title shall be filed together and separately from the papers relating to any other registered title; they shall be filed away in such regular consecutive numerical arrangement as to make them easily accessible at all times. Vertical filing is recommended. Filing cases. SEC. 120. The fees payable under this act shall be as follows: To the Clerk of the Superior Court: For all services in initial registration from the time of filing the petition up to and including the registration and issue of the first certificate and owner's certificate registered on a decree of title, four dollars and postage, unless separate decrees are registered, when he shall get one dollar extra for each additional decree and the registering and issuing of the first certificates thereon. In contested cases three dollars additional may be taxed as costs. Fees of clerk. Registering a transfer and registering thereupon certificate of title and issuing new owner's certificate and making necessary cancellations in connection therewith, full service, one dollar. For issuing a duplicate certificate in lieu of a lost certificate, fifty cents. For issuing a certified copy of certificate of title and entries thereon, one dollar. For noting a judgment or other lien on Title Register, fifteen cents. For certifying an owner's certificate as valid, with all entries noted to date, twenty-five cents. For the notation or registration of any mortgage or other voluntary transaction not herein otherwise provided, including every act necessary therefor, and, in the case of creditor's certificate, including the issuance of the creditor's certificate, seventy-five cents.

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Other notations and entries (not otherwise provided for), fifty cents. In case further record of an instrument is required on account of its form, the clerk shall be paid for the record of such instrument at the rate of ten cents per hundred words, in addition to other fee herein prescribed. For each entry of cancellation, twenty-five cents. In cases of involuntary transactions, and in case of caveats and other matters referred to the court for action, the clerk shall be allowed, in addition to the fees herein otherwise prescribed, the sum of ten cents per hundred words for recording such proceedings upon the minutes of the court, and fifty cents for each judgment rendered therein. If any matter be carried to the Supreme Court the clerk's fees in connection with proceedings to take the case to the Supreme Court shall be the same as in other cases carried from the superior court to the Supreme Court. To the Examiner of Titles: For examing a title and making report to the court, one dollar per thousand (or fraction thereof) on the value of land, as determined by the court (but not to exceed a maximum of one hundred dollars), and postage, and ten dollars. Fees of examiner. In contested cases, for hearing the case and making report to the court, the judge may in his discretion allow additional compensation, but in an amount not exceeding the same fee as that allowed an auditor for reporting his findings in equity cases under Civil Code, section 5148. He shall not be paid extra for reporting the evidence; but when a stenographer is used by consent of the parties or order of the judge, the stenographer shall be paid his usual fee. To Sheriffs: For ascertaining and reporting to the courts the names and addresses of the persons actually occupying the premises described in the petition, one dollar. Fees of sheriff.

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For each service of process and notice required, one dollar. For posting a copy of petition upon the premises, fifty cents. For any other services of the clerk, sheriff, or surveyor, not especially provided for herein, a fee to be fixed by the court in conformity with what is usual and lawful for similar services rendered by such officer in ordinary cases. With each application for initial registration the applicant shall deposit with the clerk the sum of twenty dollars as a deposit to guarantee costs, and may from time to time be required by the court to make additional deposits. The clerk shall not be required to enter any notation, entry, or registration upon the Register of Title or the owner's certificate, unless fees prescribed therefor are paid to him. In all contested cases, and in all matters referred to the judge for his direction by any of the provisions of this act, he shall award the cost of such proceeding accordingly as in his discretion the justice of the case may dictate, and to that end may assess all the costs against one of the parties, or may divide it among the parties in such ratio as seems just. Cost deposits. Award of costs. SEC. 121. This Act shall take effect on the first of January next after its passage. Law effective when. SEC. 122. All laws and parts of laws in conflict are repealed. Approved August 21, 1917. LEWD HOUSES, ETC., DECLARED NUISANCES. No. 230. An Act to declare houses of lewdness, assignation and prostitution a nuisance; to provide a method of closing such houses by injunction; to prescribe rules of evidence for the trial of cases, where an injunction against

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such houses is sought; to provide a punishment for violation of an order enjoining such houses; to provide for the abatement of such houses; the sale of personal property found therein; the punishment for contempt of any one violating the order of abatement; for the fees of the officers carrying out the orders of court in such a proceeding; to provide for the release of property by giving bond in such cases; to provide for the assessment of a tax against property used for lewdness, assignation or prostitution when the use of such property is enjoined and abated as a nuisance; to impose a penalty for permitting minor females to be inmates of such houses; to provide a punishment for the detention of females for the purposes of prostitution; and to repeal all laws in conflict herewith. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same that: SECTION 1. Whosoever shall knowingly erect, establish, continue, maintain, use, own or lease any building, erection or place used for the purpose of lewdness, assignation, or prostitution is guilty of a nuisance, and the building, erection or place, or the ground itself in or upon which such lewdness, assignation or prostitution is conducted, permitted or carried on, continued or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided. Houses and contents declared a nuisance. SEC. 2. Whenever a nuisance is kept, maintained, or exists, as defined in this Act, the solicitor-general or any citizen of the county may maintain an action in equity in the name of the State of Georgia upon the relation of such solicitor-general or citizens to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building upon which such nuisance exist. In such action, the court, or a judge in vacation, shall, upon the presentation of a petition therefor alleging that the nuisance complained of exist, allow a temporary writ of injunction without bond, if it shall be

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made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, or testimony or otherwise, as the complainant may elect, unless the court or judge, by previous order, shall have directed the form and manner in which it shall be presented. Three days' notice in writing shall be given the defendant of the hearing of the application and, if then continued at his instance, the writ as prayed shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the judicial district in which it was issued and any violation of the provisions of injunction herein provided shall be a contempt as hereinafter provided. Action, how brought. Injunction. Notice of hearing. SEC. 3. The action when brought shall be triable at the first term of court after due and timely service of the notice has been given in the same manner as now provided for the trial of equity cases before a jury in the superior court, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the complainant and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the solicitor-general in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, he may direct the solicitor-general to prosecute said action to judgment, and if the action is continued more than one term of court, any citizen of the county or the soliticor-general may be substituted for the complaining party and prosecute said action to judgment. If the action is brought by a citizen and the court finds that there was no reasonable ground or cause for said action, the cost may be taxed to such citizen. Trial. Dismissal. Costs. SEC. 4. In case of the violation of any injunction granted under the provisions of this Act the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of court an information under oath, setting out the alleged facts constituting such violation

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upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt shall be punished as for contempt in the discretion of the judge. Violation of injunction. Punishment for contempt. SEC. 5. If the existence of the nuisance be established in an action as provided in this Act, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical, or movable property used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution; provided, it shall appear to the judge that the furniture and chattels are owned by others than the inmates of said house, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed, he shall be punished as for contempt as provided in the preceding section. For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution, and for closing the premises, and keeping them closed a reasonable sum shall be allowed by the court. Abatement. Contempts. SEC. 6. The proceeds of the sale of the personal property, as provided in the preceding sections, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant. Proceeds of sales. SEC. 7. If the owner appears and pays all cost of the proceedings, and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, or, in vacation, by the clerk, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept within a period of one year thereafter, the court, or, in vacation, the judge, may, if satisfied of his good faith, order the

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premises closed under the order of abatement to be delivered to said owner, and said order of abatement canceled so far as the same may relate to said property; and if the proceedings be an action in equity, and said bond be given and cost therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty or liability to which it may be subject by law. Bond to abate. SEC. 8. Whenever a permanent injunction issues against any person for maintaining a nuisance as herein described, or against any owner of the building knowingly kept or used for the purposes prohibited by this Act, the judge granting said injunction shall, at the same time, enter up judgment against the person, firm or corporation owning said building in the sum of three hundred ($300.00) dollars, and said judgment shall be a special lien upon the premises, and the furniture and fixtures therein, complained of, and shall as against said property rank from date with all other judgments or liens as now provided for by law. Said judgment shall issue in the name of the State, and be enforced as other judgments in this State. Provided, that the lien of the judgment herein provided for upon said property, real and personal, used for the purpose of maintaining said nuisance, shall not relieve the person or building from any of the other penalties provided by law. All sums arising from the enforcement of the judgments in this section referred to shall be paid into the treasury of the county in which said judgment is rendered and become part of the general funds of said county. Permanent injunction. Judgment for money. Lien. SEC. 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 21, 1917.

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NATIONAL FOREST RESERVE; AMENDING ACT. No. 187. An Act to amend section one of an Act approved December 18, 1901, entitled An Act to give consent by the State of Georgia to the acquisition by the United States of such lands as may be needed for the establishment of a National Forest Reserve in said State, by amending said section one thereof by limiting condemnation proceedings by the United States to only such lands as may be contracted, or proposed, or offered for sale in writing by the ostensible owner to the United States, in which the owner consents to such condemnation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section one of said Act approved December 18, 1901, be and the same is hereby amended by inserting in the third line of section one thereof (as recorded in the Acts of 1901, page 85), between the word law and the word of, the following words, to-wit: Of only such lands as may be contracted, proposed, or offered for sale in writing by the ostensible owner to the United States, in which the owner consents to such condemnation, so that said section one of said Act, when so amended, shall read as follows: Act of 1901 amended. Read. SECTION 1. That the consent of the State of Georgia be and is hereby given to the acquisition by the United States by purchase or gift, or by condemnation according to law, of only such lands as may be contracted, proposed, or offered for sale in writing by the ostensible owner to the United States, in which the owner consents to such condemnation of such lands in the mountain region of Georgia as in the opinion of the Federal government may be needed for the establishment of such a National Forest Reserve in that region; provided, that the State shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and

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such criminal process as may issue under the authority of the State against any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this Act had not been passed; and provided that in all condemnation proceedings the rights of the Federal government shall be limited to the specific objects set forth by the laws of the United States in regard to forest reserves. Consent of owner to condemnation of land. 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 18, 1917. NOMINATIONS BY COUNTY UNITS. No. 81. An Act to provide for nominations by political parties in this State of candidates for United States Senator, Governor, State House officers, Justices of the Supreme Court and Judges of the Court of Appeals at primary elections, by the county unit system; to fix the date of such primaries; to provide that the successful candidate for said offices shall receive a majority of the county unit votes throughout the State; to provide for a second primary election in the event of the failure of any candidate to receive a majority of the county unit vote at the first primary election; to provide for the determination of the result in the event of a tie; to make it the duty of the authorities of the parties to declare the result and to put the names of the successful candidates and nominees on the official ballot to be used in the regular election, as the regular nominees of such party; to provide that special primary elections to fill vacancies shall be held on such date as may be fixed by the State Executive Committee of the party holding the primary, and to provide the same rules for determining the result of such special primary

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elections as are prescribed for said offices in the general primary, and for other purposes. Bt it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: SECTION 1. Whenever any political party in this State shall hold primary elections for nomination of candidates for United States Senator, Governor, State House Officers, Justices of the Supreme Court, and Judges of the Court of Appeals, such party or its authorities shall cause all candidates for nominations for said offices to be voted for on one and the same day throughout the State, which is hereby fixed on the second Wednesday in September of each year in which there is a regular general election. Candidates for nominations to above named offices who receive, respectively, the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis, that is to say, two votes for each representative to which such county is entitled in the Lower House of the General Assembly. If in any county any two or more candidates should tie for the highest number of popular votes received, then the county unit vote of such county shall be equally divided between the candidates so tying. All such county unit votes shall within ten days after such primary be accurately consolidated by the chairman and secretary of the State committee of the political party holding such primary, and published at least one time in a newspaper published at the capital of the State, within three days after the completion of the consolidation, certified under the hands and seals of said chairman and secretary; and the candidates for said offices, respectively, who receive a majority of all of the county unit votes, throughout the entire State, upon the basis above set forth, shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominees of such party for the above named offices,

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respectively, and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates are placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates for the offices named of such party; provided, that, in the event there are only two candidates for any particular office referred to in this section and it should appear, after the consolidation of all of the county unit votes throughout the State, that each of said candidates have received an equal number of county unit votes, the one of said candidates who shall have received in said primary election a majority of the popular votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office; and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the name of such successful candidate is placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for the office named; provided, further, that if no convention of such party is called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. Primary elections regulated. County unit vote. SEC. 2. In the event that, after such consolidation of all the county unit votes throughout the State, it shall be made to appear that in the contest for any one or more of said offices, no candidate has received a majority of all of the county unit votes throughout the State, upon the basis as above set forth, and it shall further appear that there are more than two candidates for any one or more of said

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offices, such political party shall hold a second primary election throughout the State on the first Wednesday in October following such first primary election, and in such second primary election only the two candidates ascertained to have received the highest number of county unit votes at the first primary election for any particular office shall be voted for; and the vote shall be consolidated, and the result declared and certified within ten days after said second primary election, and published at least one time in a newspaper published at the capital of the State within three days after the completion of such consolidation, certified under the hands and seals of said chairman or secretary; and the candidate receiving a majority of the county unite votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate; and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates are placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates for the offices named of such party; provided, that if both candidates for any office in said second primary election shall receive an equal number of county unit votes, after the consolidation of all of the county unit votes of all the counties of the State, then said State convention or the permanent chairman thereof, or the secretary thereof, or other authority of such party, shall declare the candidate receiving the majority of the popular votes cast at said second primary election throughout the State as the regular nominee of such party for that particular office; provided, further, that if no convention of such party is called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other

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authority of such party, and, provided, further, that said second primary election shall not affect the nomination of any candidate or candidates for any one of said offices who shall have received a majority of the county unit votes, at the first primary election, and said second primary election shall only be held for the purpose of deciding contest or contests for office or offices in which no candidate shall have received a majority of the county unit votes at the first primary election; provided, further, in the event there are more than two candidates in the first primary and any two candidates should tie, in said first primary, for the next or second highest number of county unit votes received, the candidate receiving the highest number of popular votes in said first primary, as between said two candidates so tying, shall make the contest in said second primary, against the candidate who received in said first primary, the highest number of county unit votes; and in the event any three or more candidates should tie, in said first primary, for the highest number of county unit votes, the two candidates (among said candidates so tying for the highest number of county unit votes), receiving the highest number of popular votes in said first primary, shall make the contest against each other in said second primary; provided, further, that all of the provisions of this section of this Act relative to a second primary, in the event no candidate receives a majority of all of the county unit votes throughout the State, in the first primary, shall apply only to the offices of United States Senator and Governor; and no second primary shall be necessary to finally decide the contest for any other office named in section 1 of this Act; and in the contest for all of said offices, except United States Senator and Governor, the candidates for such offices who receive the highest number of county unit votes, throughout the State, upon the basis above set forth, shall in like manner be declared the nominees of such party for said offices, respectively; and provided, further, that in the event, after such consolidation, it shall be made to appear that any two or more candidates for the same office (except in contest for United States Senator, and Governor) shall

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have received an equal number of county unit votes, then the candidate or candidates receiving the highest number of popular votes throughout the State shall, in like manner, be declared the nominee or nominees of such party for said offices, respectively; it being the intention of this proviso to this section to provide that the majority of the county unit vote shall be the determining factor for the nomination of United States Senator and Governor and that the plurality of the county unit vote shall be the determining factor for the nomination to all other offices named in section 1 of this Act. Second primary election. SEC. 3. In each regular election year in which a second primary shall be necessary, by reason of a failure of a candidate or candidates to receive a majority of the county unit votes at the first primary election, such party or its authority shall not hold its convention until after the expiration of fifteen days from the date of such second primary election. Convention, when held. SEC. 4. Special primary elections to fill vacancies in any of the offices referred to in this Act shall be held on such date as may be fixed by the State Executive Committee of such party; but the same rules prescribed in this Act for determining the result in general primary elections for the offices named shall govern in determining the result of any special primary election; and a second primary election shall be held within fifteen days after the date of such first primary election, in the event no candidate receives a majority of all of the county unit votes throughout the State; and the same duties and obligations are hereby imposed upon the chairman, secretary, convention or other party authorities in the case of such special primary elections as are in this Act imposed upon them in the case of general primary elections; provided, that if no convention of such party is called or held, to follow a special primary election, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. Special primary elections.

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SEC. 5. The expense of holding such primary elections shall be paid by the political party which causes the same to be held. Expenses. SEC. 6. Nothing in this Act shall be construed to provide or require any definite unit of election for candidates for nominations for members of Congress, judges of the superior courts, solicitors-general, members of the General Assembly and county officers; and this Act shall not be construed to require a primary for any of said last named officials, except in their respective districts, circuits or counties, as now provided by law. Provided, however, that primaries for nomination of members of Congress, judges of the superior courts, solicitors-general and members of the General Assembly shall be held on the date named in section 1 of this Act for primaries for United States Senator, Governor, State House Officers, Justices of the Supreme Court and Judges of the Court of Appeals. Limitations. SEC. 7. All the laws now of force in this State in reference to the qualification of voters and their registration shall apply to said elections and that no persons shall be entitled to vote at any such primary election who is not a duly qualified and registered voter according to the laws of this State and who is not also duly qualified in accordance with the rules and regulations of the party holding the same. Laws of force. SEC. 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1917. PENSION PAYMENTS, AUTHORITY TO ASSIGN. No. 197. An Act to provide when the Georgia pensioner shall have the vested right to transfer and assign his annual pension, so as to authorize the transferee to collect from the State said pension when the State is ready to make the payment, and regulate the manner of payment, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act that the right is hereby vested in the Confederate pensioners of the State of Georgia, after the same becomes due and payable, to wit, after January 1st in each year, to transfer in writing their pension claims for the one year only due at the time, to any person who will advance to him or her the full amount of said pension so due, subject to such discount (when any is charged) not to exceed the sum of ($2.50) two dollars and fifty cents. Such transfer must be made in the presence of the ordinary of the county in which the pensioner resides (and not elsewhere), with his official attestation and approval executed in duplicate, the duplicate to be retained by the ordinary and filed in his office, and the fact of the transfer, and to whom, reported to the Commissioner of Pensions. This right of transfer to be exercised by the pensioner only in cases of necessity to prevent suffering, to be judged of by the ordinary. Provided, further, that if any greater interest be accepted by any party advancing loan on such security, then the said transfer shall be null and void. Transfer of one year's pay only. Discount limited. Right limited. SEC. 2. Be it further enacted by the authority aforesaid, That when a transfer of a pension has been made as provided for in section 1 of this Act, the pensioner's name shall be carried on the pay-rolls with transfer noted thereon, and to whom, and when the State is ready to pay the pensioner of the county where such transfer was made, the ordinary shall issue the check payable to the transferee upon his signing the name of the pensioner on the pay-roll by him as transferee, attaching the original transfer to the check when endorsed for payment to remain with the check undetached, to be returned to the ordinary by his bank upon final settlement. Payment made with the transfer detached will not be recognized. Payment to transferee. 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 repealed. Approved August 21, 1917.

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PENSION-OFFICE CLERK'S SALARY. No. 207. An Act to fix the monthly salary of the clerk in the pension office at one hundred and twenty-five dollars per month, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act the salary of the clerk in the pension office shall be one hundred and twenty-five dollars per month. Salary fixed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and they are hereby repealed. Approved August 20, 1917. SCHOOL OF AGRICULTURE AND MECHANIC ARTS IN TWELFTH DISTRICT. N. 254. An Act to provide for the establishment and maintenance of an agricultural district school and mechanic arts in a Twelfth Agricultural District of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor of Georgia is hereby authorized to establish and cause to be maintained a 12th agricultural district school, to be composed of the following counties: Bleckley, Dodge, Emanuel, Houston, Johnson, Laurens, Montgomery, Pulaski, Telfair, Toombs, Twiggs, Wheeler and Wilcox, of this State, an industrial and agricultural school in accordance with the provisions of this Act and of the Act approved August 18th, 1906, on pages 72 to 75, inclusive (Acts of 1906), entitled An Act to provide for the establishment and maintenance of school of agriculture and mechanic arts in the respective Congressional

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district of this State, and all amendments thereto. Said school shall be a branch of the State College of Agriculture, a department of the University of Georgia. The general Board of Trustees of the University of Georgia shall exercise such supervision as in their judgment may be necessary to secure the unity of plan and efficiency in said school. Authority to establish. Department of University. SEC. 2. Be it further enacted, That the Governor is authorized and directed to appoint from each county in the territory embraced in said district agricultural school, one trustee for the school, such trustees to hold office for the term of six years from their appointment and until their successors are appointed and that the trustees so selected in said district shall constitute a board of trustees for the school in said district, with power to control the management of said school and make the rules and regulations for the same, subject to the provisions of this Act and the Act approved August 18th, 1906, and amendments thereto, above referred to. Trustees. SEC. 3. Be it further enacted, That the Governor shall be authorized to receive from any county or any of the citizens thereof, in said district, a donation of a tract of land in such county, not less than two hundred acres, on which to locate the school, together with any additional donation in the way of buildings or money; and if there are two or more of said donations, the Governor, with the aid of the trustees of said school, shall select which to accept, taking into consideration the title, value, centralness of location, accessibility, and suitableness in any respect for the purpose intended and upon acceptance of any such donation and the execution of proper deeds vesting title in the trustees, within a reasonable time the school for the district shall be established on the tract selected, with the right to select another location should deed not be made to the satisfaction of the Governor, and, if no such donation is made or perfected in said district within two years from the passage of this Act the pro rata share of the fund going to said district school shall go into and be a part of the regular common school fund in said State. Donation of land.

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SEC. 4. Be it further enacted, That all the provisions of the Acts approved August 18th, 1906, referred to hereinbefore, and all later amendments, shall apply to said 12th agricultural district school, established by this Act, in the same manner and to the same extent as said Act provides for the eleven other district schools herein referred to. Act of 1906 applicable. SEC. 5. Be it further enacted by the authority aforesaid, That the trustees of this school shall have authority and power to establish a military training within their discretion. Military training. 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 21, 1917. SCHOOL OF TECHNOLOGY; SALE OF PROPERTY; ENDOWMENT OFFICER. No. 178. An Act to amend the Act establishing the Georgia School of Technology, by conferring upon the local board of trustees authority to sell and dispose of certain real estate and stocks held by said school; to provide for an officer to keep the records of said board, superintend the investment of the permanent endowments of the institution and aid in securing other donations and endowments, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, That the local board of trustees of the Georgia School of Technology shall have authority to sell and dispose of any or all of the lands and real property as well as stocks received by said school through the will of Julius L. Brown, late of Fulton County, deceased, whether located in this State or in the State of Texas; to prescribe the terms and manner of sale of said lands or any interest therein as they shall deem best for the purposes of said

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school. Deeds of conveyance may be executed in the name of said board, under resolution of the same, and shall be signed by the chairman, and such deeds when so executed shall be effectual to convey to the purchaser all the interest and claim held by said institution as well as any interest or claim of the State of Georgia in or to the lands or real property aforesaid. The said board shall have power and authority to appoint an agent to negotiate the sale of such property and to do any and everything that may be necessary to convert the said lands into money for the purpose of utilizing the same in the interest of the said institution as set forth in the will aforesaid. Sale of property authorized. SEC. 2. Be it further enacted by the authority aforesaid, That the chairman of the local board of trustees shall be by virtue of his office the keeper of the deeds and official records of the institution, other than the files and papers connected with the operation of the school, and shall superintend the investment of all the permanent endowments of the institution, including the proceeds of the lands aforesaid, subject to the direction of said local board of trustees. He shall be authorized, in the discretion of said board, to solicit donations and endowments for said school throughout the country, and to travel for this purpose whenever it is deemed expedient, in the opinion of the board of trustees of said institution. Chairman of trustees; his authority and duty. SEC. 3. Be it further enacted by the authority aforesaid, That the chairman shall be paid for this service out of the income of the institution other than that appropriated by the State, to be in lieu of all other compensation as chairman except his expenses actually incurred in the business, a sum not to exceed $2,500 per annum, to be fixed by said board; provided, however, that the provision for compensation herein set forth may be discontinued at any time after reasonable notice, in the discretion of said board. His compensation and expenses. 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 18, 1917.

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SCHOOL TO TRAIN COLORED TEACHERS. No. 244. An Act to establish and organize an agricultural, industrial, and normal school in this State as a branch of the University of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Governor is hereby authorized to establish and cause to be maintained in some county as hereinafter provided, an agricultural, industrial and normal school for the training of the colored teachers of this State. Said school shall be a branch of the State University and the general board of trustees of the University shall exercise general supervision over the school just as over the other agricultural, industrial and normal schools of the State. Authority to establish. Branch of University. SEC. 2. Be it further enacted by the authority aforesaid, That the trustees of this agricultural, industrial and normal school shall be five (5) in number two of whom shall be ex-officio the Chancellor of the University and the State Superintendent of Schools. The other three shall be appointed by the Governor with the approval of the Senate from the county in which the school is located. In addition to the five trustees mentioned, the board shall have the right to elect three honorary trustees from within or without the State. The three trustees to be appointed by the Governor shall be appointed for one, two and three years, respectively, and shall hold office upon reappointment for the full term of three years. The honorary trustees named by the board shall be appointed for a like term of office. Trustees. SEC. 3. The Governor, together with the Attorney-General and State Superintendent of Schools, shall be authorized to receive from any county, or any of the citizens thereof, a donation or tract of land in such county, not less than one hundred acres, on which to erect the school, together with any additional donation in the way of buildings or money. If there are two or more offers, the Governor,

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Attorney-General, and State Superintendent of Schools shall select the location, taking into consideration the value and suitableness for the purpose intended. Donation of land. SEC. 4. Be it further enacted by the authority aforesaid, That the principal and faculty shall be chosen by the trustees in accordance with their training and knowledge of the subjects above mentioned. Further, that it shall be the duty of the instructors of said school to co-operate in conducting farmers' institutes and farm and stock demonstrations whenever practicable under the direction of the trustees. Teachers. SEC. 5. Be it further enacted by the authority aforesaid, That the course of study in said school shall emphasize the elementary branches of an English education, thorough training in agriculture, domestic science, and the mechanical arts, and in general all those studies which in the opinion of the trustees would be most suitable for the training of colored teachers for the schools of Georgia. Course of study. SEC. 6. Be it further enacted, That tuition in said school shall be free, with the exceptions of the necessary fees of a nominal character, and that the trustees may limit the students according to the capacity and means of the institution and make such rules of admission as may be necessary to equalize, as far as practicable, the advantages, particularly in proportion to the counties where there is the largest negro population. Further, the trustees may defer the actual opening of the school until such time as the lands have been secured, proper buildings constructed and means provided for the purpose of carrying out this Act. Tuition free. SEC. 7. Be it further enacted, That for the maintenance of this institution there shall be appropriated the sum of five thousand dollars ($5,000.00) annually from the fertilizer tag tax, as provided for the district agricultural schools. Appropriation. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1917.

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TAXES; INTEREST AND SETTLEMENTS. No. 228. An Act fixing the time when the State and county tax books shall close; when executions shall issue; provide for the payment of interest on all State and county taxes remaining unpaid after the same become due, fixing the time when the several tax-collectors of this State shall make final settlements with the State and county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all taxes due the State or any county thereof remaining unpaid on December 20th in each year shall bear interest at the rate of seven per cent. per annum from said date, and the several tax-collectors of this State are required to collect the interest on such unpaid taxes and account for same in their final settlements. Interest after Dec. 20. SEC. 2. Be it further enacted by the authority aforesaid, That on the 20th day of December in each year the several tax-collectors of this State shall furnish to the Comptroller-General and to the ordinary or county officer having charge of the county affairs, as the case may be, of their respective counties, a report showing the amount of State taxes and the amount of county taxes remaining unpaid on said tax digest, and shall every thirty days thereafter, until a final settlement is made with both the State and county, furnish to said officers a report showing the amount of State tax collected and the amount of county taxes collected from December 20th to the date of rendering such report, and also the amount of interest collected from said delinquent or defaulting taxpayers. Reports by collectors to Comptroller-General. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the several tax-collectors of this State shall keep a record showing the amount of interest collected from the delinquent or defaulting taxpayers, the date upon which said taxes and interest was collected and from whom collected. Record of interest, etc.

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SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the several tax-collectors of this State are required to make final settlements with both the State and county within four months from December 20th of the year in which said taxes become due, and upon failure of any such tax-collector to make such final settlement within the time such tax-collector shall forfeit one-fourth of his commission unless some good and sufficient reason be given rendering the making of such final settlement impossible. Final settlements in four months. SEC. 5. Be it further enacted by the authority aforesaid, That all interest so collected by the several tax-collectors of this State shall be by them paid to the State and county at the time and in the same manner the taxes are now required to be paid. Interest payments. SEC. 6. Be it further enacted by the authority aforesaid, That the failure or refusal of any tax-collector of this State to carry out any of the provisions contained in this Act shall constitute malpractice in office, and a conviction therefor shall subject the offender to removal from office. Malpractrice, removal for. 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 20, 1917. TAX-RECEIVERS; LIEN OF BONDS. No. 251. An Act to amend section 1190 of the Code of Georgia of 1910 by striking out the word receivers, and for 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 1190 of Code of Georgia of 1910 is hereby amended by striking from said section in the second line thereof the word receivers, so that said section,

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when amended, shall read as follows, to wit: Sec. 1190. Lien on Property of Principal and Sureties Bound. The property of collectors, and of their sureties, is bound, from the execution of their bonds, for the payment of taxes collected and the discharge of their duties. The provisions of this Act shall not apply to any bond of tax-receiver now in office, unless new bonds be executed after passage of this bill. C. C. 1190 amended. Read. Receivers omitted. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 21, 1917. TREASURERS' DEPOSITS OF COUNTY FUNDS. No. 171. An Act to authorize the treasurers of the counties of this State to deposit county funds in any bank or banking institution which has been designated by law as a depository for State funds, and for 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 treasurers of the several counties of this State are hereby authorized to deposit in any bank or banking institution which has been designated by law as a depository for the funds of the State the county funds which may come into their hands as county treasurers. County treasurer may deposit in State depository. SEC. 2. Be it further enacted by the authority aforesaid, That any depository of the State funds so selected by the county treasurer to be a depository of the county funds shall, in addition to the bond give to the State as security for the money of the State deposited in said bank, give to the county treasurer a bond in an amount sufficient to protect him from any loss, which bond shall be payable to him, and shall be conditioned to fully account to him for all county moneys that may be deposited by him as such treasurer under the terms of this Act. Bond additional

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SEC. 3. Be it further enacted, That the said county treasurers are hereby authorized to arrange with the bank to pay interest on the money so deposited with said bank, but they are not required so to do, and any money received by them as interest is hereby required to be paid by them into the treasury of the county. Interest. 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 18, 1917. VOCATIONAL EDUCATION, TO PROMOTE. No. 221. An Act to accept the provisions of an Act passed by the Congress of the United States and approved February 23, 1917, entitled An Act to provide for the promotion of vocational education; to provide for co-operation with the States in the promotion of such education in agriculture and the trades, and industries; to provide for co-operation with the States in the preparation of teachers of vocational subjects, and to appropriate money and regulate its expenditures, 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 State of Georgia accepts and does hereby accept the provisions of an Act of the Congress of the United States approved February 23, 1917, the caption of which said Act is as follows: Act of Congress of Feb. 23, 1917 accepted. An Act to provide for the promotion of vocational education; to provide for co-operation with the States in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures, and for other purposes, and the provisions thereunder and appropriations

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therefor to be used according to and as provided in said Act. SEC. 2. Be it further enacted by the authority aforesaid, That in conformity to section 5 of said Act, a State board is hereby created to be known as the State Board of Vocational Education, consisting of seven members, made up as follows: State Board of Vocational Education created. The Chancellor of the University, The State School Superintendent, Three members from the State at large. One of the members of said board shall be a representative of the manufacturing and commercial interests, one a representative of the agricultural interests and one a representative of labor, two members from the trustees of the district agricultural and mechanical schools, and the same is hereby created and said board shall have all necessary power to co-operate as herein provided with the Federal board for vocational education in the administration of the provisions of this Act in said Act provided. SEC. 3. Be it further enacted, That said board sall fix the time and place of their meeting and shall meet at the call of the chairman, or upon the written call of a majority of said members after five days' notice in writing to all the members and shall have as pay for their services, four dollars per day and necessary expenses, said amounts to be paid out of the treasury upon the warrant of the Governor. Meetings; pay and expenses. SEC. 4. Be it further enacted, That said board shall appoint one of its members as secretary of said board, and he shall keep written minutes of their proceedings and he shall do and perform such other and further duties as may be required of him by said board. Secretary. SEC. 5. Be it further enacted by the authority aforesaid, That the State Treasurer be and is hereby made the custodian of any and all moneys received by the State from the National government under the Act, and it shall be

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his duty to collect said money and pay out the same under the order of said board, evidenced by its warrants signed by the chairman thereof and countersigned by its secretary. Treasurer. SEC. 6. Be it further enacted, That the State Board of Vocational Education shall have the full power to represent the State in any and all matters in reference to the expenditure, distribution and disbursements received from the United States government in said State and to appropriate and use said moneys in whatever way in their discretion will best subserve the interest of the State, and carry out the spirit and interest of said Act of Congress in conformity to its provisions. Powers. SEC. 7. Be it further enacted, That the Chancellor of the State University and the State School Commissioner shall be ex-officio members of said board and the Chancellor of the University shall be the chairman of the same, and that the members of said board shall be appointed by the Governor, and shall hold office until their successors are appointed and qualified. All vacancies in said board caused by death or resignation or expiration of term of office shall be filled by appointment of the Governor to fill the unexpired term. Two of the members of said board shall be appointed for two years, for a term of office beginning July 1st, 1917, and three members shall be appointed for four years to hold office from July 1st, 1917, and all subsequent appointments, except to fill unexpired terms, shall be for four years. Appointment of board members. Terms and vacancies. SEC. 8. The State Board of Vocational Education, in offsetting the Federal appropriation, is hereby directed to take advantage of whatever appropriations the State of Georgia makes to local schools, municipal and county district agricultural schools, normal schools, and the teacher training department of the University of Georgia, in order to secure these funds under the regulations provided by the Federal Vocational Board and also take advantage, when permitted by the Federal Vocational Board, of any appropriations made by any municipality or county of the

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State to any school of a vocational character to make up any deficiencies that may occur. Said board is empowered to use so far as may be necessary fifteen thousand dollars from any funds not otherwise appropriated in the State treasury. So far as possible also said vocational board shall encourage municipal and county educational boards to meet the conditions and secure the advantages of this Federal appropriation. Appropriations to offset Federal. Appropriation from treasury. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 21, 1917. FLAG, PENALTY FOR MISUSING. No. 164. An Act to prevent any person, firm or corporation within this State, from using the flag or national emblem of the United States of America for the purpose of advertising articles of merchandise, or to desecrate or contemptuously use or otherwise abuse the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person, firm or corporation of this State to copy, print, publish or otherwise use the flag or national emblem of the United States of America for the purpose of advertising, selling or promoting the sale of any article of merchandise whatever, within this State. Unlawful uses of flag or emblem. SEC. 2. Be it further enacted by the authority aforesaid, That it shall also be unlawful for any person, firm or corporation within this State to mutilate, deface, defile on contemptuously abuse the flag or national emblem of the United States by any act whatever. Contemptuous use or defacement.

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SEC. 3. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed so as to prevent any person, firm or corporation from using any flag, standard, color, shield, ensign or other insignia of the United States of America for decorative or patriotic purposes, either inside or outside of any residence, store, place of business or public building, or school building. Uses not prohibited. SEC. 4. Be it further enacted by the authority aforesaid, That any person, firm or corporation who violates any of the provisions of this Act shall be punished as prescribed in section 1065 of the Criminal Code of 1910 as for a misdemeanor. Penalty. 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 18, 1917. SUNDAY FREIGHT-TRAINS, SUSPENDING LAW. No. 220. An Act to render more certain, efficient and expeditious the services to be performed by the railroads operating in the State of Georgia, during the existence of the present war and until peace is proclaimed by suspending the operation of sections 414 and 415 of the present Penal Code of the State of Georgia, forbidding the running of freight and passenger-trains on the Sabbath. together with the penalties imposed by said sections; also to suspend section 416 of the existing Penal Code of Georgia and the penalties arising thereunder, in so far as the same may be applicable to railroads, and may prevent the running of any trains and railroad work incidental thereto on the Sabbath, together with all municipal ordinances now in existence which may have a like effect; and forbidding the passage by towns and cities of any future ordinances, laws, or regulations, which may interfere with the running and operation

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of trains by railroads in this State on Sunday, and which may tend to prevent the work necessary and incidental thereto during the period of the war, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, in order to avoid congestions, and to render more efficient, expeditious, and certain the transportation services which the railroads operating in the State of Georgia may be called upon to render during the existence of the present war, the provisions of sections 414 and 415 of the present Penal Code of Georgia forbidding and making penal the running of freight and passenger-trains on the Sabbath, together with the penalties provided thereby, are suspended and made inoperatitve during the period of the existing war, and until peace is proclaimed. P. C. 414, 415, to be in-operative during the war. SEC. 2. Be it further enacted, That section 416 of the present Penal Code of Georgia, providing that no person shall pursue his business or the work of his ordinary calling on the Lord's Day, in so far as the same may apply to railroads and the running by them of freight and passenger-trains, as well as the performance of all railroad work in connection with and incidental to the operation of trains, together with the penalties provided by said section, are hereby suspended during the period of the existing war and until peace is declared. P. C. 416 suspended as to railroads. SEC. 3. Be it further enacted by the authority aforesaid, That all existing municipal ordinances which may tend to prevent the running of any trains on the Sabbath day by railroads in this State, and to prevent such work as may be incidental thereto, are hereby suspended and rendered unenforcible during the aforesaid period; and after the passage of this Act no town or city in the State of Georgia shall, during the period named, pass any law, ordinance or regulation which may be intended or have the tendency to prevent railroads in the State from running trains on the Sabbath, and from doing work incidental and related to the

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operation of trains. Provided, however, that said sections referred to in this bill shall not be suspended until after a petition has been filed with the Railroad Commission of Georgia and said commission has passed an order suspending the operation of said sections as to the petitioning railroad, it being the purpose of this Act to vest in the Railroad Commission of Georgia absolute authority to suspend said sections during said war and with the full right to revoke the order suspending said sections, if in their judgment the exigency ceases to exist. Municipal ordinances suspended. Petition to railroad commissioners necessary. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1917. TICK-INFESTED CATTLE, PENALTY FOR MOVING. No. 137. An Act to prevent the shipment or movement of tick-in-fested cattle into and within the State of Georgia, providing penalties for same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That on and after January 1st, 1918, the movement of cattle infested with the cattle fever tick (morgoropus amulatus) into, within or through the State of Georgia, at any time or for any purpose shall be and same is hereby prohibited. Provided, that any and all persons who may have or own cattle within an infested district in which the work of tick eradication is not in progress shall have the right to transport such cattle to a market within such infested district, but not within nor through any non-infested district. Unlawful movement of cattle. Exception. SEC. 2. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be construed as affecting any of the rules and regulations heretofore or hereafter passed by the Department of Agriculture governing the eradication of the cattle tick. Rules not affected.

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SEC. 3. Be it further enacted by the authority aforesaid, That any violation of section 1 of this Act shall be punishable by a fine of not less than $50.00 nor more than $1,000.00, or by imprisonment of not less than 30 days or more than 6 months, either or both, in the discretion of the court. Penalty. SEC. 4. Be it further enacted by the authority aforesaid, That all Acts or parts of Acts in conflict with this law be and the same are hereby repealed. Approved August 20, 1917.

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PART II.LOCAL LAWS TITLE..... I.CITY AND MUNICIPAL COURTS. TITLE..... II.SOLICITORS-GENERAL; ABOLISHING FEES. TITLE..... III.COUNTY MATTERS.

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TITLE I. CITY AND MUNICIPAL COURTS. ACTS. Albany City Court Stenographer. Americus City Court Solicitor's Salary. Athens City Court Jurisdiction Limited. Blakely City Court Procedure, etc. Cleveland City Court Established. Dawson City Court Solicitor's Salary. Douglas City Court Abolished. Dublin City Court Officers' Terms, etc. Franklin City Court Abolished. Franklin City Court Established. Hinesville City Court Terms and Juries. Jesup City Court Act Amended. LaGrange City Court Judge's Salary. Louisville City Court Judge and Solicitor. Macon Municipal Court Salaries, etc. Miller City Court Act Amended. Morgan City Court, Election to Abolish. Nashville City Court Act Amended. Savannah City Court Jurors, Deputy Clerk, and Stenographer. Valdosta City Court Fees Abolished, etc. Valdosta City Court Judge's Salary, etc. ALBANY CITY COURT STENOGRAPHER. No. 219. 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 16th, 1897), and Acts amendatory thereof (approved November 15th, 1901; and August 5th, 1904, and August 20th, 1906, and August 22nd, 1907, and August 14th, 1914, and August

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7th, 1915), and all other Acts amendatory thereof, so as to provide for the office of court stenographer, his appointment, 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 an Act approved December 16th, 1897, establishing and creating the City Court of Albany and the Acts amendatory thereof, be and the same is hereby amended by adding a section as follows: The judge of the said City Court of Albany shall have authority to appoint an official stenographer of said court, to hold office at the pleasure of the said judge, the duties of said stenographer shall be the same as that provided by law for a similar officer in the superior court. The compensation of said stenographer in civil cases shall be the same as that provided by law for stenographer in the superior courts. with the same right to enforce payment of his fees. Said stenographer shall receive as full compensation for his services in reporting and transcribing the records in connection with criminal business of said city court two thirds of the amount provided by law for the stenographers of the superior courts of this State for the same amount of work, and who shall be paid out of the treasury of this county and in the same manner that superior court stenographers are paid. Act of 1897 amended. Stenographer. Dutes. Pay. 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 20, 1917. AMERICUS CITY COURT SOLICITOR'S SALARY. No. 94. An Act to amend an Act entitled An Act to amend an Act entitled an Act to establish the City Court of Americus, approved November 22nd, 1900, and the Acts amendatory thereof, by providing for the election of

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judge and solicitor of the said City Court of Americus by the qualified voters of Sumter County and for other purposes, approved August 14th, 1905, so as to abolish the fees at present accruing to the office of solicitor of the City Court of Americus, and provide in lieu thereof an annual salary for said office; to provide for the disposition of the fines, fees and forfeitures, including insolvent costs accruing to the office of solicitor of the City Court of Americus; to impose certain duties upon the clerk of said City Court of Americus, and upon the solicitor of said City Court of Americus, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of solicitor of the City Court of Americus, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to amend an Act entitled an Act to establish the City Court of Americus, approved November 22nd, 1900, and the Acts amendatory thereof, by providing for the election of judge and solicitor of the said City Court of Americus by the qualified voters of Sumter County and for other purposes, approved August 14th, 1905, be and the same is hereby amended, by striking out after the word court, in the twenty-second line of section 2 of said Act, all of said section 2 of said Act down to and through the word him in the thirty-sixth line of said section 2 of said Act, to-wit: that the fees of the said solicitor of said City Court of Americus for all cases tried by him in the said court, and for services rendered by him in representing cases carried from said City Court of Americus to the Supreme Court shall be the same as are now or may hereafter be allowed by law for the Solicitors-General of this State for similar services. Said solicitor of said City Court of Americus shall give bond with good security in the sum of one thousand dollars, made payable and conditioned the same as bonds of Solicitors-General of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors-general are

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filed and kept; provided, that in the absence of said solicitor of said city court the judge may appoint a solicitor pro tempore, who shall be allowed the same fees as are allowed the solicitor of said city court, in similar cases tried by himand insert in lieu thereof as follows, to-wit: That said solicitor of said City Court of Americus shall, in lieu of all fees, fines, forfeitures and emoluments whatsoever now received by him, for all services rendered by him as solicitor of said court, except as hereinafter provided, receive an annual salary of eighteen hundred ($1,800.00) dollars, payable monthly on the first day of each calendar month; and the fee system now existing in said City Court of Americus, as applied to the office of solicitor of said city court, and all fees now or heretofore or hereafter accruing to the office of the solicitor of said City Court of Americus, be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor; but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the general treasury of Sumter County, Georgia, as hereinafter provided. That said salary shall be paid out of the general treasury of Sumter County, Georgia; and it shall be and is hereby made the duty of the commissioners of roads and revenues of said County of Sumter to cause said salary to be paid said solicitor monthly, as hereinbefore provided, in each year, out of the funds of said county, upon regular county warrants issued therefor. That for services rendered by said solicitor in representing cases carried from said City Court of Americus to the Supreme Court and Court of Appeals shall be the same as are now or may hereafter be allowed by law for the solicitors-general of this State for similar services. Said solicitor of the said City Court of Americus shall give bond, with good security in the sum of one thousand dollars, made payable and conditioned the same as the bonds of solicitors-general of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors-general are filed and kept; provided, that in the absence of said solicitor of said city court, the judge may appoint a solicitor pro tempore, who shall be allowed the same salary pro rata

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as is allowed the solicitor of said city court, which said amount or salary so paid said solicitor pro tempore shall be deducted from the salary of the solicitor of said city court; so that said section 2 when so amended shall read as follows, to-wit: Be it further enacted by the authority aforesaid, That section 6 of said original Act, and the Act amendatory thereof, approved December 6, 1900, be amended by striking the same and substituting in lieu thereof the following: At the general State election to be held in said County of Sumter on the first Wednesday in October, 1908, an election shall be held for solicitor of said City Court of Americus, whose term of office shall begin on the 4th day of December, 1908, and shall continue until the 1st day of January, 1913, or until his successor is elected and qualified. The person elected solicitor of said City Court of Americus, under and by virtue of the provisions of this Act, shall be an attorney at law, and shall have been a resident of said County of Sumter at least two years prior to his election. The duties of said solicitor shall be to prosecute all offenses cognizant before the said City Court of Americus except offenses for which indictments have been found and transferred from the superior court to said city court, which cases so transferred it shall be the duty and privilege of the solicitor-general to prosecute, who prosecutes cases in Sumter Superior Court, and the said solicitor of said city court shall represent the State before the Supreme Court in all cases that are prosecuted by him in said City Court of Americus and carried to the Supreme Court; that said solicitor of said City Court of Americus shall, in lieu of all fees, fines, forfeitures and emoluments whatsoever now received by him, for all services rendered by him as solicitor of said court, except as hereinafter provided, receive an annual salary of eighteen hundred ($1,800.00) dollars, payable monthly on the first day of each calendar month; and the fee system now existing in said City Court of Americus, as applied to the office of solicitor of said city court, and all fees now or heretofore or hereafter accruing to the office of solicitor of said City Court of Americus, be and the same are hereby abolished, in so far as the same constitutes the compensation

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of said solicitor; but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the general treasury of Sumter County, Georgia, as hereinafter provided. That said salary shall be paid out of the general treasury of Sumter County, Georgia, and it shall be and is hereby made the duty of the commissioner of roads and revenues of said County of Sumter to cause said salary to be paid said solicitor monthly, as hereinbefore provided, in each year, out of the funds of said county, upon regular county warrants therefor. That for services rendered by said solicitor in representing cases carried from said City Court of Americus to the Supreme Court and Court of Appeals his fees shall be the same as are now or may hereafter be allowed by law for the solicitors-general of this State for similar services. Said solicitor of the said City Court of Americus shall give bond, with good security, in the sum of one thousand dollars, made payable and conditioned the same as bonds of solicitors-general of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors-general are filed and kept; provided, that in the absence of said solicitor of said city court, the judge may appoint a solicitor pro tempore, who shall be allowed the same salary pro rata as is allowed the solicitor of said city court, which said amount or salary so paid said solicitor pro tempore shall be deducted from the salary of the solicitor of said city court. That the said solicitor of the said City Court of Americus shall, before entering upon the duties of his office, take and subscribe to, before any officer authorized by law to administer oaths, the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the City Court of Americus, and will take only my lawful fees of office, so help me God. Which oath shall be filed in the office of the clerk of the Superior Court of Sumter County, Georgia. Act of 1905 amended. To be read as amended. Salary of solicitor. Fees to county treasury. Pay for services in courts of review. Bond. SEC. 2. Be it further enacted by the authority aforesaid, That in the distribution among the officers of said City Court of Americus of all costs, both in particular cases or

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matters, and all insolvent costs, and all fines, fees and forfeitures paid into said City Court of Americus or which may become due and payable therein, the County of Sumter shall be subrogated to the rights and claims of the said solicitor of the City Court of Americus, and any former solicitor of said court, and shall in his and their places and stead, be entitled to all funds, moneys, and emoluments accruing to said office of solicitor of the City Court of Americus; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of said City Court of Americus, instead of the same being entered and approved in the name and behalf of the solicitor of said City Court of Americus, as under the present system, the same shall be entered and approved in the name of the solicitor of said City Court of Americus as under the present system, the same shall be entered and approved in the name of the solicitor of said City Court of Americus for the use and benefit of the County of Sumter. All costs, both in particular cases or matters, and all insolvent costs, and all fines, fees and forfeitures, and all funds, moneys and emoluments accruing to the office of solicitor of the City Court of Americus, shall be collected by the clerk of said City Court of Americus and shall be paid by said clerk into the treasury of Sumter County, Georgia; all of which said sums shall be the property of said county; and said clerk shall make a written report, under oath, of the amounts so collected, and make remittance and payment thereof to the treasurer of the said County of Sumter, within thirty days after the adjournment of each term of said City Court of Americus. Said clerk of the City Court of Americus shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor of the City Court of Americus, from any and all sources whatsoever arising out of the office of solicitor of said court, and likewise keep a record of all sums collected by him as clerk, under the provisions of this Act, and paid by him into the treasury of Sumter county; and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject

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of investigation and inquiry by the grand jury of said County of Sumter and shall also be audited whenever the books and records of other county official are audited. Costs, fees, fines, etc. Clerk's duty. SEC. 3. Be it further enacted by the authority aforesaid: That the solicitor of said City Court of Americus is hereby made chargeable with the duty of justly and accurately accounting to said clerk of the City Court of Americus for all fees earned and costs collected, from any source whatever as solicitor of said court; and at the conclusion of each term of said City Court of Americus he shall review and verify the books, records and vouchers of said clerk, as to all fees earned and costs collected, and it shall be his duty at all times to exercise supervision over the collection of all of said costs, fees, fines and forfeitures, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasury of Sumter county, Georgia; and it shall be his duty to furnish his own services, without charges, as attorney-at-law in the collection of such sums, whenever it may become necessary. Solicitor to account. SEC. 4. Be it further enacted, That this law shall not go into effect until the first day of January, 1918. 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, 1917. ATHENS CITY COURT JURISDICTION LIMITED. No. 89. An Act to amend an Act entitled an Act to establish a City Court in the County of Clarke and to provide for the appointment of a judge and solicitor thereof; so as to provide that the said city court shall not have jurisdiction of the misdemeanor offenses referred to and mentioned in section 416 of the Penal Code of Georgia, 1910, except after a presentment or an indictment has

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been returned by the grand jury to the superior court of said county and by an order of said superior court duly transferred to said city court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to establish a city court in the County of Clarke and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879, be amended, by adding at the end of section XXXI, as follows: provided, that the said city court shall not have jurisdiction of the misdemeanor offenses referred to and mentioned in section 416 of the Penal Code of Georgia of 1910, except after a presentment or an indictment has been returned by the grand jury to the superior court of Clarke County and by an order of the judge of said superior court duly transferred to the said city court, so that said section XXXI, as amended, will read as follows: Act of 1879 amended. Section XXXI. It shall be the duty of all justices of the peace and notaries public of this State to bind over all persons charged with offenses within the limits of Clarke County, over which the said city court has jurisdiction, to appear before said city court to answer for said offenses; provided, that the said city court shall not have jurisdiction of the misdemeanor offenses referred to and mentioned in section 416 of the Penal Code of Georgia, 1910, except after a presentment or an indictment has been returned by the grand jury to the superior court of Clarke County, and by an order of the judge of the said superior court duly transferred to the said city court of Athens. To be read. Indictment required for Sabbath violation. 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, 1917.

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BLAKELY CITY COURT PROCEDURE, ETC. No. 191. An Act to modify the procedure in the city court of Blakely, to amend the existing acts relating thereto, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same: SECTION 1. That on and after the passage of this Act it shall be the duty of the clerk of the city court of Blakely to record the pleadings and other proceedings in cases pending in said court in like manner as such proceedings and pleadings are recorded in the superior courts, and shall be entitled to the same costs for the same as are allowed for similar services in the superior court; and the county commissioners of Early County shall furnish the necessary books for that purpose. Records of proceedings. SEC. 2. Be it further enacted. That section 2 of an Act approved August 18, 1911, entitled An Act to make certain provisions as to the city court of Blakely, relating to jurors, demands for indictment, compensation of the solicitor, and for other purposes, be amended by striking from the first and second lines of said section the words upon the original call of his case, and inserting in lieu thereof the words, within five days after a criminal case is docketed against him in said court, so that said section as amended shall read as follows: Act of 1911 amended. SEC. 2. If any defendant within five days after a criminal case is docketed against him in said court shall demand indictment by grand jury, the court shall bind him over in a reasonable but sufficient bond to be assessed by the judge of the city court, conditioned that he will personally be and appear to answer to any true bill, indictment or presentment that may be returned by the grand jury against him in the matter, and the city court shall await the action of the grand jury in the matter; but if the defendant fails to give bond within five days, and remains

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in jail, the city court may proceed to try the case notwithstanding the demand for indictment. If the grand jury returns a true bill for a misdemeanor in the matter, the judge of the superior court shall transfer the same to the city court for trial. Read. Demand for indictment. Trial. SEC. 3. That section 3 of the above recited Act of August 18, 1911, is repealed, and in lieu thereof the following is enacted, to wit: The solicitor of said court shall receive for services performed by him in said court the same fees as are allowed to solicitors-general in the superior court under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs, and insolvent funds in said court, but, whenever in any calendar year the amount of such fees so paid to the solicitor of said court shall reach the sum of nine hundred ($900.00) dollars, such amount shall be considered and taken as being in full for his services for the year, and thereafter all sums in excess of said amount of nine hundred ($900.00) dollars for the calendar year, or at the rate of seventy-five ($75.00) dollars per month, in the event there shall be a change in the office during the course of a year, shall be paid into the county treasury of said county as a part of the general fund in the county treasury. Solicitor's pay. SEC. 4. All conflicting laws are repealed. Approved August 18, 1917. CLEVELAND CITY COURT ESTABLISHED. No. 56. An Act to create the City Court of Cleveland in and for the County of White; to define its powers, jurisdiction, procedure and practice; to provide for a judge, solicitor, and other officers of said court; to provide compensation of said officers, and a place of holding said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, That the City Court of Cleveland, Ga., be and the same is hereby created and established. Said city court to have civil and criminal jurisdiction in all cases, except those of which the constitution of the State has given the superior court exclusive jurisdiction; said jurisdiction to extend over the entire county of White and said court to be held in the county court-house in the town of Cleveland, Ga. Creation. Jurisdiction. Place of holding. SEC. 2. Be it further enacted, That said City Court of Cleveland shall have jurisdiction to try and dispose of all criminal cases where the offender is not subject to loss of life or confinement in the penitentiary, committed in the County of White. Criminal cases. SEC. 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all civil cases of whatever nature of which the superior court of White County has jurisdiction, except those cases over which jurisdiction is exclusively vested in the superior court by the constitution and laws of this State. But in all cases in said city court where the principal sum involved is fifty dollars and up to one hundred dollars the costs shall be one half the costs in superior court cases of a similar nature. In all cases in which the principal sum involved is less than fifty dollars they shall carry, only, justice court costs. All other cases of a civil nature shall carry superior court costs. Provided, that said city court shall not have jurisdiction of civil matters outside of the militia district in which located, where the principal sum involved is less than twenty dollars. And judgment may be had at the first term to which any civil case is brought where the principal amount claimed does not exceed one hundred dollars and shall be heard by the judge of said court and judgment entered by him; unless either party shall demand a trial by jury in such cases. Said city court, however, shall have jurisdiction over the entire county, without reference to the amount involved, in trover suits and suits in tort. Civil cases. Costs. Jurisdiction. Judgment. SEC. 4. Be it further enacted, That the judge of said city

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court and the solicitor thereof shall be elected by the qualified voters of the County of White and commissioned by the Governor of this State. Election of judge and solicitor. SEC. 5. Be it further enacted, That the terms of office of said judge and solicitor shall be for two years and shall be elected at the general election for members of the General Assembly in 1918 and that their terms of office shall begin January 1, 1919, and shall hold their offices for the full term of two years from such date and until their successors are elected and qualified. Vacancies in the offices of judge and solicitor shall be filled by appointment by the Governor for the residue of the unexpired term. That said judge and solicitor shall be elected by the qualified voters of White County at the general election for members of the General Assembly every two years, to go into office January first following. Said judge shall receive a salary of four hundred dollars per year and shall be paid quarterly out of the treasury of White County by the proper person in charge of the funds of said White County. Terms of office. Vacancies. Election. SEC. 6. Be it further enacted, That any person who shall be appointed or elected judge of said court must be, at the time of his appointment or election, at least twenty-five years old, and must have been a resident of said county for at least three years next preceding his election or appointment and he shall also have been a practicing attorney for at least three years before his election or appointment and engaged in the active practice of the law. He shall, before entering upon the duties as judge, take and subscribe the following oath: I solemnly swear that I will faithfully and impartially administer justice without respect to person, and do equal rights to the rich and to the poor, and so discharge and perform all the duties that may be required of me as judge of the City Court of Cleveland according to the best of my ability and understanding, agreeable to the constitution and the laws of this State, and the United States, so help me God. Said oath may be taken before the ordinary of White County and shall immediately thereafter be forwarded to the Governor and filed in the executive

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department. Said judge shall not, while in office, practice law in said city court, but may practice in all other courts, as he may have authority so to do. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders and distress warrants and to administer oaths with the same authority as justices of the peace in said County of White, and he may perform marriage ceremonies, and generally do acts which the judges of city courts of this State are authorized to do. Eligibility of judge. Oath of office. Practice of law. Authority. SEC. 7. Be it further enacted, That the solicitor of said city court shall be at least twenty-five years old and must have been a resident of said county for at least three years next preceding his election or his appointment, and he must be a practicing attorney for at least two years at the time of his appointment or election. But before entering upon the duties of his office, he shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the constitution and laws of Georgia and the United States, and that I will faithfully and impartially and without fear, favor, or affection discharge my duties as the solicitor of the City Court of Cleveland, so help me God. Which oath shall be taken before any officer authorized by law to administer oaths and shall be filed in said city court and recorded on the minutes thereof. Eligibility of solicitor. Oath. SEC. 8. Be it further enacted, That the solicitor of said court shall receive the same fees as are now allowed by law to solicitors-general of this State for similar services in the superior courts of this State; provided, that said solicitor shall have the same fees for drawing accusations hereinafter provided for and now allowed by law to solicitors-general in the superior courts for drawing bills of indictments, provided, that the solicitor shall be entitled to receive fees only in those cases in which there are convictions and that he shall have no part of the fines imposed and collected in said city court except as is hereinafter provided, and provided, further, that the solicitor shall be paid out of the county funds, a sum equal to his usual fees when the defendant serves his sentence of the court by servitude instead of paying a fine. Fees of solicitor.

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SEC. 9. Be it further enacted, That the clerk of the Superior Court of White County, Georgia, shall be the clerk of the City Court of Cleveland, provided he will act as such clerk and discharge all the duties of said office in the manner herein required and for the fees prescribed herein, but upon the refusal to serve as such clerk upon the conditions herein set out it is hereby made the duty of the judge of said city court to appoint a clerk for said court subject to removal by said judge at any time. The clerk, whether the clerk of the superior court or a clerk appointed as provided in this section, shall before entering upon his duties as clerk of the City Court of Cleveland take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be entered on the minutes of said court, and he shall also at the same time give bond and security in the sum of three hundred dollars to be approved by the judge of the City Court of Cleveland for the faithful discharge of the duties of his office as is done by the clerks of the superior courts of this State. Clerk. Oath and bond. SEC. 10. Be it further enacted, That the sheriff of White County shall be the sheriff of the City Court of Cleveland, provided he will act as such sheriff and discharge all the duties of said office in the manner herein required and for the fees prescribed herein, but upon the refusal to serve as such sheriff upon the conditions herein set out it is hereby made the duty of the judge of said city court to appoint a sheriff of said city court subject to removal by said judge at any time. The sheriff whether the sheriff of the superior court or a sheriff appointed as provided in this section shall before entering upon his duties as sheriff of the City Court of Cleveland take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be entered on the minutes of said court and he shall also at the same time give bond and security in the sum of one thousand dollars to be approved by the judge of the City Court of Cleveland for the faithful discharge of the duties of his office as is done by the sheriffs of the superior courts in this State. The duties of such sheriff shall be the same as that of sheriff of the Superior Court of White

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County, and he shall discharge all the duties of said officer in the same manner as he is required to discharge the duties of the Superior Court of White County. All the duties attaching to the office of clerk of the superior court and office of sheriff of White County shall attach to the office of clerk of the City Court of Cleveland and of the office of sheriff of the City Court of Cleveland, respectively, and the judge of said city court is empowered to exercise the same power and authority over the clerk and sheriff, and their deputies of the said city court as the judges of the superior courts have over the clerk and sheriff and their respective offices in this State. Sheriff. Oath and bond. Duties of clerk and sheriff. SEC. 11. Be it further enacted, That said clerk and sheriff shall receive, in criminal cases, the same fees for similar services as are now allowed or may hereafter be allowed by law in the superior courts of this State, except that in similar cases tried on accusation the clerk shall receive three dollars only, exclusive of fees for issuing subp[oelig]nas; and for their attendance at the regular term of said court or at any call term of said court they shall receive a per diem of three dollars each; and the sheriff shall receive a fee of five dollars only for summoning a jury. The per diem of three dollars each and the five dollars to the sheriff shall be paid out of the county funds. The clerk and sheriff of said city court shall receive no fees, except as is hereinafter provided, except in cases of conviction; provided, however, that the clerk and sheriff of said city court shall be paid out of the county funds a sum equal to their fees when the defendant serves the sentence of the court by servitude instead of paying the fine. Fees of clerk and sheriff. SEC. 12. Be it further enacted, That the judge of the City Court of Cleveland shall have power and authority to issue writs of habeas corpus, to hear and dispose of the same, in the same manner with the same powers as the judges of the superior courts of this State. Habeas corpus. SEC. 13. Be it further enacted, That the terms of the City Court of Cleveland shall be held as follows: The first court to be held the first Monday in September, 1917, the next

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term to be held the first Monday in December, 1917, and quarterly thereafter on the first Monday in March, June, September and December of each year thereafter. The judge, in his discretion, shall hold a monthly term of said court on the fourth Monday in each month, and from day to day, without a jury for the purpose of hearing civil cases and disposing of such criminal cases as may be submitted to him without a demand for trial by a jury. If there be defendants under accusation in said county who will not give bond, it shall be the duty of said court to forthwith place said defendants on trial at said monthly term of said court; and if he shall demand a trial by jury it shall be the duty of the judge of said city court to forthwith have a jury summoned for the purpose of trying such defendant, unless bond is given for appearance at the next regular term of said city court. And at all terms of said court the judge shall have power to hold court from day to day for a period of not longer than one week and shall have the power to adjourn said court from time to time as may be designated by him. He shall also have power to call special terms of said court at any time for the disposal of criminal business, by an order for that purpose entered upon the minutes of said court and said judge is empowered to draw a special jury to serve at special terms; provided, said court shall be open at any time for criminal business when jury trial is waived. Terms, when held. Trials. Length of terms. Special terms. SEC. 14. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of procedure in the superior courts of this State unless herein otherwise provided, but the processes and writs shall be annexed by the clerk of the city court and attested in the name of the judge thereof and be directed to and served by the sheriff of the City Court of Cleveland and his deputies, and in cases of defendants living in counties of this State other than the County of White, to the sheriff and his deputies of the county of such non-resident defendants; provided, however, that in cases where the principal sum involved is less than one hundred dollars said processes and writs shall be directed to the sheriff of said City Court of

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Cleveland and to all and singular the constables of said County of White and may be served by any lawful constable of said county. Procedure. SEC. 15. Be it further enacted, That the judge of the City Court of Cleveland shall have power and authority to hear and determine all civil cases of which said court has jurisdiction and to give judgment thereon, unless a trial by jury is demanded by either party; provided, that all cases arising ex-contractu may be tried at the first term which said case is returnable, whether at monthly or quarterly terms, where the amount involved does not exceed one hundred dollars principal, and if returnable to a monthly term shall be tried and determined before the judge of said court, unless a jury is demanded by either party, in which case it shall be continued for trial to the next quarterly term of said court. And if such case is brought to a quarterly term of said court, it shall be tried at such term of said court before the judge only, unless a demand by either side be made for said case to be tried by a jury, in which case the said cause stands ready to be heard at such term unless a proper showing for continuance be made. When a demand for jury trial is made it shall be noted on the trial docket by the court. Civil cases, trial of. SEC. 16. Be it further enacted, That all judgments obtained in said city court shall be a lien upon all the property belonging to the defendant or defendants throughout the State, in the same manner as the judgments of the superior courts are, and all executions issued by said city court shall be signed by the clerk of said city court and attested in the name of the judge thereof, and directed to the sheriff of said city court and his deputies, and the sheriff and deputies of this State, except where the principal sum involved in said execution shall be less than one hundred dollars the same may be directed to the sheriff of said city court and his lawful deputies and to all and singular the constables of said county and may be levied by any lawful constable of said county. Lien of judgments. Executions. SEC. 17. Be it further enacted, That in all matters pertaining

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to service, filing of suits, and pleading and practice, the law and rules governing the superior courts not in conflict with this Act shall apply to said city court. Laws applied. SEC. 18. Be it further enacted, That claims to real estate levied upon by execution or other process from said city court shall be returned to the superior court of said county where such real property is situated and then proceed as other claims in such superior courts. Claims to realty. SEC. 19. Be it further enacted, That all laws upon the subject of attachment and garnishment, and second originals as to any matter whatever in the superior courts of this State, shall apply to the City Court of Cleveland, as far as the nature of said city court shall admit. The judge of the said city court or any justice of the peace may issue attachments returnable to the City Court of Cleveland under the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 20. Be it further enacted, That the general laws of this State in regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witness by interrogatories or depositions, or under subp[oelig]nas, witnesses and their attendance upon the court or any other matter of judicial nature, within the jurisdiction of such superior courts, shall be applicable to the City Court of Cleveland. Laws applied. SEC. 21. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used, de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said court shall have power, respectively, to administer oaths pertaining to their offices, respectively, as the judge and other officers of the superior courts do of this State, in like cases. And said judge shall also have power to attest deeds and administer oaths anywhere in this State, as may be attested and oaths administered by the

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superior court judges of this State. All laws relating to and governing the judges of the superior courts of this State shall in the same manner and effect apply to the judges of said city court, so far as the same may be applicable or not herein prohibited. Judge's powers. SEC. 22. Be it further enacted, That said city court shall be a court of record and shall have a seal, and the minutes, records, orders, books and files that are required by law and rules to be kept for the superior courts of this State shall be kept in and for said city court in the same manner and all laws applicable to the clerk and sheriff of the superior courts shall apply to said officer of said city court, in so far as the same may be applicable. Court of record, seal, etc. SEC. 23. Be it further enacted, That all laws regulating the enforcement of indictments in the superior courts of this State, whether civil or criminal, shall apply to said city court, and the accusations in said court and executions shall be issued and levied and sales had on same, under the same rules and laws regulating same in the superior courts, except as otherwise provided in this Act. Laws applied. SEC. 24. Be it further enacted, That the judge of the City Court of Cleveland shall have the same power and authority to enforce his orders, to preserve order, punish for contempt of his court, and contempt for any order, and enforce all of his judgments as is vested by law in the judges of the superior courts of this State. Contempts. SEC. 25. Be it further enacted, That the clerk of the city court shall prepare and file in his office a complete list of those persons liable to serve as traverse jurors in the Superior Court of White County, as provided from time to time by such superior court. From said list so made traverse jurors for said city court shall be drawn in the following manner: the clerk of said city court shall write upon separate tickets the names of each traverse juror and place the same in a box for that purpose, and the judge of said city court, together with the clerk and sheriff, at the close of each term or any time thereafter, shall draw eighteen jurors from said box who shall serve as jurors in said court at

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the next regular term; provided, should it be deemed necessary, the judge may, in like manner, draw an additional twelve jurors, if the business of said court demand it, at any time it may become necessary, and shall have them summoned as an extra panel for duty in said court. That from a panel in said court a jury of twelve shall be selected as follows: in all civil cases the plaintiff and defendant shall have three peremptory challenges or strikes, and in all criminal cases the State and defendant shall have three peremptory challenges each, which remaining panel of twelve shall sit on such case. Jurors. Jury. SEC. 26. Be it further enacted, That the defendant in criminal cases shall be tried upon a written accusation, setting forth plainly the offense charged founded on an affidavit made by the prosecutor, and shall be signed by the solicitor or solicitor pro tempore of said court; provided, further, that the solicitor of said city court may, if it comes to his knowledge that a misdemeanor has been committed in the County of White and no person comes forth to prosecute the same, sign up an accusation charging the offender with such misdemeanor, and the trial thereon shall be the same as on an accusation sworn out by a person who is a prosecutor, and said solicitor is hereby given the authority and power and it is hereby made his duty to summons witnesses against such an offender and in all respects said trial shall be as on an accusation sworn out by a person who is a prosecutor. Upon said affidavit being made and filed in the clerk's office of said court, or such preferred accusation made by the solicitor of said court as provided in this section, 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 the City Court of Cleveland 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 defendants shall not have the right to demand an indictment by the grand jury of White County. 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.

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A plea to the accusation 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. Said waiver being made, the judge of said city court may in his discretion proceed to try such offender without a jury and enter up judgment just as if the defendant was tried by a jury, which judgment and sentence of said court shall be just as binding as if a jury had found him guilty. If a jury trial is demanded by the defendant said jury trial shall be had in the manner set out in this Act. Should said defendant not be tried at such term of said court, bond and security may be allowed him, to such term of court as the judge may direct, the amount of said bond to be fixed by the court. Trial on accusation. Warrant to arrest. Demand for indictment. Demand for jury trial. Waiver. SEC. 27. Be it further enacted, That all laws in reference to drawing, summoning and selecting traverse jurors, tales jurors in the superior courts of this State, shall apply to said city court in like manner, except when inconsistent with this Act, and should there be any disqualified juror or jurors, or a failure of any juror to appear in answer to his summons, then the judge may direct the sheriff to go out and select any citizen of the county who is a qualified juror, competent to sit on a jury in the Superior Court of White County to take the place of such absent or disqualified juror. Laws applied. SEC. 28. Be it furthe enacted, That the judge of said city court is hereby authorized to appoint a sufficient number of bailiffs to attend to the business of said court, and their duties shall be the same as are required of bailiffs in the superior courts of this State, and they shall be qualified in the same manner and subject to the same laws and rules and receive the same compensation as superior court bailiffs of White County. Bailiffs. SEC. 29. Be it further enacted, That the judge of the Superior Court of White County may send down and transfer all indictments and bills of indictment where the

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defendants are charged with an offense that can be tried in said city court, to said city court, for trial, the order transferring said indictments to be entered upon the minutes of said city court as well as on the minutes of said superior court. Transfer of indictments. SEC. 30. Be it further enacted, That writs of error shall be directed from said city court to the Court of Appeals of Georgia, upon a bill of exceptions filed under the same rules and laws as govern and control the issuing of writs of error and filing bills of exceptions in the superior courts of this State. Writ of error. SEC. 31. Be it further enacted, That all cases of a civil nature, over which the said city court shall have jurisdiction, had it been originally brought in said court, now are hereafter pending in the Superior Court of White County, may be by order of the judge of the Superior Court of White County and by consent of the plaintiff and defendant, or other party thereto, transferred from said superior court to said city court for trial and disposition, the order transferring said cases to be entered on the minutes of said courts. Transfer of civil cases. SEC. 32. Be it further enacted, That the judge of said court shall have the power and authority to grant new trials in any case, civil or criminal, in said court, upon the same terms and conditions and upon the same laws and rules in every respect governing the granting of new trials in the superior courts of this State, and all rules of pleading and practice, governing pleading and practice in the superior courts of this State, shall apply in like manner to the City Court of Cleveland. New trials. SEC. 23. Be it further enacted, That all jurors in said city court shall receive for their service for every day in actual attendance on said court the same pay as is allowed jurors in the Superior Court of White County, to be paid out of the county funds as other debts against the county, and the clerk of said court is hereby authorized to issue to said jurors his script for the same, in the same manner

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and under the same rules as scripts are issued to jurors in the Superior Court of White County. Jurors' pay. SEC. 34. Be it further enacted, That the solicitor of said court, for his services, in the Court of Appeals, shall 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 service and upon a certificate of the clerk of the said city court as to the insolvency or acquittal of the defendant. Solicitor's pay for service in Court of Appeals. SEC. 35. Be it further enacted, That when the judge of said city court is absent, disabled or disqualified from performing his duties as judge in said court, the judge of the superior court may preside in his stead, or the judge of any city court in this State, or upon a consent of the parties in any case or upon their refusal to agree, any case may be tried by a judge pro hac vice, selected in the manner as is provided for selecting a judge pro hac vice in the superior courts. Any judge of any city court or any superior court of this State may preside in said city court where the judge of said city court is disqualified or not. Judge's absence or disqualification. SEC. 36. Be it further enacted, That all fines imposed upon criminals who do not work their sentence in a chaingang shall be collected by the clerk of the City Court of Cleveland and by him turned over to the authorities having charge of the finances of the county to become a part of the general fund of the county; provided, that if after paying the judge of said city court his salary as set out in this Act there be a balance of said fines, that this balance or a sufficient amount thereof be applied to the insolvent costs of the solicitor, clerk and sheriff of said city court in the same ratio as solicitors-general's, clerk's and sheriff's insolvent costs are paid in the superior courts; provided, that in no event shall the judge of said court receive less than four hundred dollars as set out in this Act. Fines, how disposed of. SEC. 37. Be it further enacted, That upon the absence of the solicitor of said court or his disqualification to try any case, the presiding judge shall have authority to appoint

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any competent attorney as solicitor pro tem. to act in his stead. Solicitors pro tem. SEC. 38. Be it further enacted, That the Governor shall, and it is hereby made his duty to, appoint a judge and a solicitor of said city court, as soon after the passage and approval of this Act as is practical, who shall hold their office till December 31, 1918, and until their successors are elected and qualified as provided in this bill. Appointment of judge. SEC. 39. Be it further enacted, That this Act shall [Illegible Text] operative upon its passage and approval by the Governor. SEC. 40. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. DAWSON CITY COURT SOLICITOR'S SALARY. No. 130. An Act to amend an Act entitled an Act to amend the Act establishing the City Court of Dawson, approved December 25, 1898, so as to fix the salary of the judge thereof, to provide for the disposition of the convicts, and for other purposes, approved August 15, 1903 (Acts of 1903, p. 125), so as to provide for the payment of the solicitor's salary out of the fines and forfeitures in said court; to provide for the payment into the treasury of the County of Terrell of any annual surplus from such fines and forfeitures, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act entitled an Act to amend the Act establishing the City Court of Dawson, approved December 25, 1898, so as to fix the salary of the judge thereof, to provide for the disposition

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of the convicts, and for other purposes, approved August 15, 1903 (Acts of 1903, p. 125), be and the same is hereby amended by striking out all of section 3 of said Act, after the word provided in the seventh line thereof, and substituting in lieu thereof the following: That the solicitor of the City Court of Dawson shall receive for his services as such solicitor a salary of one thousand two hundred dollars per annum, payable monthly out of the fines and forfeitures of said court, provided, said fines and forfeitures are sufficient to pay said salary, and in addition thereto said solicitor shall have no fee or costs after having received said sum of one thousand two hundred dollars as aforesaid. In the event there should be any surplus for any one year left from such fines and forfeitures after paying the salary of solicitor of city court and all legal costs the same shall be paid into the treasury of said county and become a part of the county funds of said county. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. DOUGLAS CITY COURT ABOLISHED. No. 110. An Act to repeal an Act approved December 9, 1897, entitled an Act to establish the City Court of Douglas, in the City of Douglas, Coffee County; to define its jurisdiction and powers; to provide for the appointments of a judge and other officers thereof and to define their powers and duties; to provide for the granting of new trials therein and writs of errors therefrom, and for other purposes, and all amendatory acts thereof, and especially the amendments approved December 16, 1902, August 14, 1908, and August 14, 1914; to abolish said City Court of Douglas and provide for the disposition of all books, papers, records, dockets, minutes, suits pending therein and all matters pertaining thereto,

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and to provide that all cases, both civil and criminal, pending in said court shall be transferred to the Superior Court of Coffee, 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 an Act approved December 9, 1897, entitled An Act to establish the City Court of Douglas, in the City of Douglas, in the County of Coffee; to define its jurisdictions and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for the granting of new trials therein and writs of errors therefrom, and for other purposes, and all acts amendatory thereto, and especially the amendments approved December 16, 1902, August 14, 1908, and August 14, 1914, be and the same are hereby repealed, and the said City Court of Douglas is hereby abolished. Acts of 1897, 1902, 1908, and 1914 repealed. Court abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all suits pending in said City Court of Douglas be and the same are hereby transferred to the Superior Court of Coffee County; and all judgments and executions rendered in and by said City Court of Douglas are hereby kept alive and of full force and vigor, and that all such executions and all mesne and final processes of said City Court of Douglas, which have not been executed, shall be returnable to the Superior Court of Coffee County, and all claims, illegalities and other issues arising from the execution of such processes and fi. fas. shall be returnable and determinable as though the same had issued from the Superior Court of Coffee County. Pending suits transferred. SEC. 3. Be it further enacted by the authority aforesaid, That all criminal cases founded upon indictment pending in the City Court of Douglas shall be transferable to the superior court for trial, and all criminal causes founded upon accusations pending therein shall be at once heard by some justice of the peace of the county aforesaid who shall have power to bind over the accused for his or her appearance

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at the next term of the superior court of said county, or to discharge in the same manner as if brought before him on a warrant; provided, however, that when the accused has been regularly bound over on warrant to the City Court of Douglas or has given bond for appearance before said court, such committal or bond shall be considered valid and secure his presence at the next term of the superior court without further investigation. Pending criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That all motions for new trial, pending in the City Court of Douglas, shall be heard and determined by the judge of the Superior Court of the Waycross Judicial Circuit, and when judgment is rendered in the Supreme Court of Georgia or the Court of Appeals of Georgia in any case pending therein, from the City Court of Douglas, the clerk of said court shall transmit the remittitur in said case to the clerk of the Superior Court of Coffee County where it shall be made the judgment of said court as having jurisdiction therein. Motions for new trial, and cases on writ of error. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers pertaining to the business of the City Court of Douglas shall be turned over to the clerk of the Superior Court of Coffee County, Georgia, to be preserved by him as part of the record of said court. Books to be preserved. SEC. 6. Be it further enacted by the authority aforesaid, That all suits brought in the City Court of Douglas and pending therein, where service has been regularly perfected and when the same would be for disposition at the August term, 1917, be and the same are hereby declared for trial at the September term, 1917, of the Superior Court of Coffee County, as well as all other cases pending in said City Court of Douglas. Trial term of pending suits. SEC. 7. Be it further enacted by the authority aforesaid, That all the provisions of this Act shall become operative and effective October 1, 1917. SEC. 8. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1917. DUBLIN CITY COURT OFFICERS' TERMS, ETC. No. 142. An Act to amend an Act approved December 6, 1900, entitled an Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, and all Acts amendatory thereof, particularly an Act approved August 4, 1904, and the Act approved July 28, 1908, by making the terms of office of the judge, solicitor, clerk and sheriff of said court four years, by providing that the election of said officers shall be held at the same time and in the same manner as the election for other county officers, by provding for the succession of said officers after the expiration of the current terms and until the next succeeding election for county officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved December 6, 1900, entitled an Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, and all Acts amendatory thereof, particularly an Act approved August 4, 1904, and the Act approved July 28, 1908, be and the same are hereby amended in so far as they fix the terms of office of the judge, solicitor, clerk and sheriff of the City Court of Dublin in and for the County of Laurens by providing that the term of office of all such officers shall be four years; that the first election under the terms of this Act shall be held in the year 1920 at the same time and in the same manner as the election for other county officers; the officers so elected to take office on the first day of January, 1921, and hold office four years from said date; such elections to be held every four years thereafter and in the same manner; provided, that the judge, solicitor, clerk and

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sheriff of said City Court of Dublin in commission on the first day of Setpember, 1917, shall continue in office until, and their terms of office shall be extended to, the first day of January, 1921, and until their successors are elected and qualified. Acts of 1900, 1904 and 1908 amended. Terms of office. SEC. 2. Be it further enacted by the authority aforesaid, That an Act approved December 6, 1900, entitled an Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, as amended by an Act approved July 28th, 1908, entitled an Act to amend an Act entitled an Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, be and the same is hereby amended by striking section two thereof and inserting in lieu thereof the following section, to wit: Section 2. Be it further enacted, That there shall be a judge of said city court, who shall be elected by the qualified voters of Laurens County, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall by appointment fill the same until the next general election occurring thereafter, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The judge in commission on September 1, 1917, shall hold his office until the expiration of the present term and until January 1, 1921, and his successor shall be elected and qualified; said election to be held in the year 1920 at the same time and in the same manner as the election for other county officers of said county and the said term of office is hereby extended so as to expire on the first day of January, 1921; and the judge shall be so elected every four years thereafter for a term of four years. Judge's election, etc. SEC. 3. Be it further enacted by the authority aforesaid, That said Act so amended be and the same is hereby amended by striking Section II as amended and inserting in lieu thereof the following, to wit:

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Section II. Be it further enacted, That said Act be and the same is hereby amended by striking the first eight lines, and the word `thereafter' in the ninth line of Section II of said Act and insert in lieu thereof the following: Section II. Be it further enacted, That there shall be a solicitor of said City Court of Dublin, who shall be elected by the qualified voters of Laurens County, who shall hold office for the term of four years, and if there should occur a vacancy in the office of solicitor, the Governor shall by appointment fill the same until the next general election occurring thereafter, when a solicitor shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The solicitor in commission on the first day of September, 1917, shall serve until the expiration of his present term and until January 1, 1921, and until his successor is elected and qualified. The first election shall be held in the year 1920 at the same time and in the same manner as the election for other county officers and shall be held every four years thereafter for a term of four years, the term of the solicitor in commission on the first day of September, 1921, when his successor so elected shall take office. Solicitor's election, etc. SEC. 4. Be it further enacted, That said Act as amended by an Act approved August 4th, 1904, entitled an Act to amend an Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, be and the same is hereby amended by striking section 15 thereof and inserting in lieu thereof the following, to wit: Section 15. Be it further enacted by the authority aforesaid, That there shall be a clerk of said city court who shall be chosen for a term of four years at the next election for county officers to be held in the year 1920 at the same time and in the same manner as the election for other county officers and every four years thereafter; provided, that the clerk in office on the first day of September, 1917, shall continue in office until the expiration of his present term and until the first day of January, 1921, and until his successor shall qualify, the term of the present clerk being

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hereby so extended until January 1, 1921. Said clerk shall, before entering on the duties of his office, take and subscribe an oath before the judge of said city court to faithfully and impartially discharge the duties thereof; he shall also, before entering on the duties of his office, execute a bond with a good security in the sum of one thousand dollars for the faithful discharge of his duties as such clerk, said bond to be approved by the judge of said city court and the oath and bond shall be recorded in the clerk's office of said city court, and the original affidavit and bond shall then be deposited in the office of the ordinary of said County of Laurens; said clerk shall have the same power to administer affidavits and attest deeds and other papers as is vested in the clerks of the superior courts of this State. The clerk of the Superior Court of Laurens County is hereby declared to be ineligible to hold the office of clerk of the City Court of Dublin during his term of office as clerk of said Superior Court of Laurens County. Clerk's election, etc. SEC. 5. Be it further enacted by the authority aforesaid, That said Act as so amended be and the same is hereby amended by striking Section 16 of said original Act as amended and inserting in lieu thereof the following, to wit: Section 16. Be it further enacted by the authority aforesaid, That there shall be a sheriff of said city court who shall be chosen by the qualified voters of Laurens in the same manner and at the same time as other county officers are elected for a term of four years and every four years thereafter; provided, that the sheriff in commission on the first day of September, 1917, shall continue in office until the expiration of his present term and until the first day of January, 1921, and until his successor shall qualify; said successor to be elected at the election for county officers as aforesaid to be held in the year 1920; such elections to be held every four years thereafter. Sheriff. The intent and purpose of the within bill being to place the said officers in accord with the general policy of the State in force in making the terms of county officers four years, in reducing the number of elections and in saving

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the taxpayers the expense of such elections. To this end it is hereby enacted that the terms of all said officers in commission on the first day of September, 1917, shall be extended to January 1, 1921, and the term of all said officers shall thereafter expire every four years after the first day of January, 1921. Terms of office. 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 17, 1917. FRANKLIN CITY COURT ABOLISHED. No. 174. An Act to abolish the City Court of Franklin County, established by the grand jury 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, on and after January 1, 1918, the City Court for Franklin County, in the County of Franklin, established by the grand jury of said county at the September term, 1916, be and the same is hereby abolished. Court abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all business, both civil and criminal, now pending in said city court be transferred for trial and final disposition to the superior court of said county, and the judge of the City Court of Franklin County, and the clerk thereof, are hereby directed to turn over all papers in all civil and criminal cases pending in said city court to the clerk of the superior court of Franklin County. This section is not to become effective if the Act creating the City Court of Franklin County should be adopted by the voters of Franklin County at an election to be held on the 15th day of November, 1917. Transfer of pending business.

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SEC. 3. Be it further enacted, That all laws and parts in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. FRANKLIN CITY COURT ESTABLISHED. No. 104. An Act to establish a City Court in the County of Franklin; to define its jurisdiction and powers; to provide for a judge and solicitor, and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials, and writs of error therefrom to the Court of Appeals of the State of Georgia; to provide for the disposition of cases pending in the City Court for Franklin County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Franklin County, to be located in the County of Franklin, is hereby established and created with civil and criminal jurisdiction over the whole County of Franklin concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as one hundred dollars; except those of which the Constitution of the State has given to the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Franklin. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process but also all other kinds of suits and proceedings which are now or hereafter may be in the superior court, either under the common law or statute, including among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against tenants holding over and intruders, partitions of personalty, issues upon distress warrants, fore-closure

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of all liens and mortgages; provided, that said city court shall have jurisdiction to try and dispose of civil cases in which the amount claimed or involved is more than fifty dollars, if the plaintiff in said case will pay in advance to the clerk of said court at the time of filing suit the difference between the justice court cost and the city court cost. Court established. Jurisdiction. SEC. 2. Be it further enacted, That there shall be a judge of the City Court of Franklin County, who shall be elected by the qualified voters of Franklin County on Tuesday after the first Monday in the year 1918 for the term of four years from the first of January, 1919, and at the general election for State and county officers to be held each fourth year thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office which may occur by death, resignation, removal or otherwise shall be filled by appointment of the Governor until the next general election for State and county officers, at which time a successor shall be elected for the unexpired term. The judge of said court shall receive a salary of eight hundred ($800.00) dollars per annum, which shall be paid monthly out of the treasury of the County of Franklin by the person or persons charged by law with the administration of the finances of said county. Provided, that the judge of said court for a term beginning January 1st, 1918, and ending December 31st, 1918, shall be appointed by the Governor. Judge's election, term of office, etc. Salary. SEC. 3. Be it further enacted, That no one shall be eligible to the office of judge of said court unless he be at the time of his qualification at least thirty years of age, a resident of Franklin County for three years immediately preceding his qualification, and must have practiced law for five years preceding his qualification. He shall, before entering upon the duties of his office, take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially perform and discharge all the duties

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which may be required of me as judge of the City Court of Franklin County of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Judge's eligibility. Oath of office. SEC. 4. Be it further enacted, That the judge of said city court shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, to issue distress warrants and to pass upon all issues arising therefrom, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Said judge shall also have power to cause testimony to be taken 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 oaths pertaining to their respective offices as the judge and other officers in the superior courts may in like cases do, and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which, by the existing laws, such papers may be attested and affidavits administered by the justices of the peace in this State. And the judge of said court shall have all the power and authority throughout his jurisdiction of the judges of the superior courts, except when by law exclusive power and authority as vested in the judges of the superior courts shall apply to the said judge of the said city court, so far as the same may be applicable, except as herein provided. Judge's authority. SEC. 5. Be it further enacted, That the judge of the said city court shall have power and authority to hear and determine all civil and criminal cases of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in a civil case or the defendant in a criminal case shall be entitled to a trial

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by jury in said court upon entering a demand therefor by himself or his attorney in writing on or before the call of the docket the first day of the term of said court to which the cause is returnable in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trial. Demand for jury. SEC. 6. Be it further enacted, That the judge of the superior court and the judge of the city court may preside in the courts of each other in said county, in cases where the judge of either court is for any cause disqualified to preside: and the judge of the City Court of Franklin County and the judges of like courts in the State may preside in the courts of each other in cases where the judge of either court is for any cause disqualified, or for any reason fails to preside. Disqualification of judge. SEC. 7. Be it further enacted, That the judges of the said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same wav and with the same power as the judge of the superior court. Habeas corpus. SEC. 8. Be it further enacted, That there shall be a solicitor of the said City Court of Franklin County who shall be elected by the qualified voters of Franklin County on Tuesday after the first Monday in November, 1918, for a term of four years from the first of January, 1919, and at the general election for State and county officers to be held each fourth year thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of solicitor which may occur by death, resignation, removal, or otherwise shall be filled in the same manner as vacancies in the office of judge of said city court are filled. The solicitor of said City Court of Franklin County shall receive a salary of six hundred ($600.00) dollars per annum, and shall be paid monthly out of the treasury of the County of Franklin by the person or persons charged by law with administering the finances of said county. No person shall be eligible to the office of

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solicitor of said city court who is not twenty-five years of age, and who has not resided in said county two years immediately preceding his qualification and who has not been a practicing attorney at law for two years next preceding his qualification. Provided, that the solicitor of said court for the term beginning January 1st, 1918, and ending December 31st, 1918, shall be appointed by the Governor. Solicitor's election, term, etc. Salary. Eligibility. SEC. 9. Be it further enacted, That it shall be the duty of the solicitor of the said city court to represent the State in said court and in cases carried up to the appellate courts from said city court to which the State is a party, and shall perform therein such other duties as usually appeartain to his office. In the absence or disqualification of said solicitor the judge of said city court shall appoint a solicitor pro tem. who shall receive the same salary as allowed the regular solicitor of this court. Duties. Solicitor pro tem. SEC. 10. Be it further enacted, That the solicitor of said city court shall for his services in the Supreme Court or the Court of Appeals receive the usual fees allowed by law to the solicitors-general for like services in said courts. Fees. SEC. 11. Be it further enacted, That the clerk and his deputies of the Superior Court of Franklin County shall be ex-officio clerk and deputies of said city court. Said clerk before entering upon the duties of this office shall take and subscribe to an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said city court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office, which said bond shall be approved by the ordinary of Franklin County and filed in the office of said ordinary. Clerk. SEC. 12. Be it further enacted, That the sheriff of Franklin County and his deputies shall be the ex-officio sheriff and deputy sheriffs of said City Court of Franklin County, and in their official connection with said court said sheriffs shall be known as the sheriff and deputy sheriffs

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of the City Court of Franklin County. The said sheriff shall execute a bond with good security in the sum of five thousand dollars for the faithful discharge of the duties of said office. Said bond shall be approved by the ordinary of Franklin County, and be filed and recorded in the office of said ordinary. He shall have the same authority to appoint a deputy or deputies as provided in the code for the appointment of deputy sheriffs. Sheriff. SEC. 13. Be it further enacted, That in the said city court the same rules of procedure, service, pleading and practice shall govern as now obtain in the superior courts, except as otherwise provided in this Act, and whenever and in all cases when the rules of the superior courts can not be applicable on account of the difference in the constitution of said courts, then the city court judge may make and promulgate such cases, not in conflict with the laws of this State. Procedure. SEC. 14. Be it further enacted, That judgment shall be rendered at the first term of said court, in all cases by the judge thereof without the verdict of a jury where there is personal service and where no issuable defense is filed by the defendant. Judgment at first term. SEC. 15. Be it further enacted, That garnishment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of this State on the subject in the superior court; that scire facias to make parties in any case in said city court shall be had as in the superior court, but said scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Garnishment, distraint and scire facias. SEC. 16. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by or subp[oelig]nas, including testimony de bene esse, witnesses and their attendance, continuance, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said court, unless otherwise

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provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court when it is necessary to determine the rights of interested persons, without reference to who are the original parties or what the nature of the proceedings. Parties may make defenses on all grounds whether legal or equitable. Laws applied. SEC. 17. Be it further enacted, That the terms of said court shall be quarterly, and to be held on the third Monday in February, May, August and November. The term of said court shall last until the business is disposed of, or the judge may in his discretion hold adjourned terms, and may set cases for trial at convenient times and the same may then be tried as of term whether court has been held from day to day until said time or not. quarterly. Terms SEC. 18. Be it further enacted, That all judgments obtained in said court shall be a lien upon all property of the defendant or defendants, throughout the State, in the same manner as judgments of the superior courts are, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff and his deputies of said City Court of Franklin, and to all and sigular the sheriffs and their deputies of the State of Georgia. Judgments, lien of. SEC. 19. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as otherwise provided in this Act. But the process to which shall be annexed by the clerk of said city court be attested in the name of the judge thereof and be directed to and served by the sheriff of the City Court of Franklin County, and his deputies, and to the sheriffs and their deputies of the State of Georgia, except as otherwise provided in this Act. Suits; process and service. SEC. 20. Be it further enacted, That all laws upon the subject of attachment and garnishment as to any matter in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court and the provisions of this Act will admit. Attachments in said court, or returnable to

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said court, shall be directed as other process in said city court, and the judge of said city court or any justice of the peace or notary public may issue attachments and garnishments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 21. Be it further enacted, That the judge of said city court may exercise a summary jurisdiction by rule in cases where the same is applicable, and may hear and determine all issues, disputes and proceedings arising between landlord and tenant, landlord and cropper, or master and servant, arising out of such relations, being authorized to so mold his orders and judgments as to do complete justice, and enforce the same by execution or attachment, under the rules applicable in the superior courts. In the discretion of said judge, he may submit either the whole case or any question of fact therein to a jury at any term of said court without regard to the amount involved. Summary jurisdiction by rule SEC. 22. Be it further enacted, That said city court shall be a court of record, with a seal; and the minutes, records, dockets and files that are required to be kept in the superior courts shall be kept in and for said court, and in the same manner, and shall be provided for in the same manner as the superior courts. Court of record; seal, etc. SEC. 23. Be it further enacted, That all laws, regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court. And the executions shall issue and be levied and advertised and sales be had thereunder, under the same rules and laws regulating the same in the superior courts, regardless of amounts involved; provided, that when an execution issue from said city court it shall be levied on personal property. A sale of the property so levied on may be made at any regular sales day as now or hereinafter fixed by law for the sale of property levied upon by the sheriffs of this State, after advertising the property so levied on ten days before the court-house door, and at two other public places in Franklin County, by posting a notice of said sale which

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notice shall specify the time and place of said sale, which sales in other respects are to be conducted under the rules governing sales by the sheriffs of the superior courts, and provided, further, that all levies upon land shall proceed in the same way as in like cases in the superior courts. Executions, levy and sale. SEC. 24. Be it further enacted, That it shall be the duty of the clerk of said City Court of Franklin County to prepare and file in his office a complete list of the names of all persons liable to serve as grand and petit jurors in the Superior Court of Franklin County, to be taken from the list of said superior court, under the supervision of the judge of said city court and to make a new list as often as said superior court list is revised to conform to said revision, which said book containing the lists of persons so liable to serve as jurors in the city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of said city court. The clerk of said City Court of Franklin County shall write upon separate tickets the names of each person on said list and place the same in a box to be prepared for the purpose, from which shall be drawn the names of twenty-four persons to serve as traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse jurors in the superior courts shall apply to said city court. Jurors. SEC. 25. Be it further enacted, That all laws in reference to the qualification, relations, impanelling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply and be observed in said city court, except when inconsistent with the provisions of this Act. Laws applied. SEC. 67. Be it further enacted, That sixteen jurors shall constitute a panel, and in all cases, civil and criminal, trial by jury of twelve shall be had in said city court, when so demanded; unless a jury of twelve shall be demanded the jury shall be selected as follows: in civil cases each side shall have four strikes and in criminal cases the defendant

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shall have five strikes and the State three strikes; eight shall then constitute a jury. When a jury of eight shall have retired for the purpose of considering a case the parties or their attorneys in any case may, by consent, agree to use eight jurors for the trial of their case and this shall constitute a legal jury. If either party in a civil case, or the defendant in a criminal case, declines to waive trial by a jury of twelve men, then in civil cases each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors thus drawn on the regular panel and likewise the talesman which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel shall each receive the sum of two dollars per day while serving as jurors in said court, same to be paid under the rules governing the payment of superior court jurors. Juries. Pay of jurors. SEC. 27. Be it further enacted, That the incidental expenses of said city court shall be paid in the same manner as such expenses of the superior court are paid. Such expenses shall be considered a charge upon the county and shall be by the county treasurer paid out of the general funds of said county, upon the presentation of orders properly signed by the judge of said city court. Expenses of court. SEC. 28. Be it further enacted, That witnesses in civil and criminal cases in said city court shall receive the same compensation from the same source and in the same manner as witnesses in the superior courts. Witnesses' pay. SEC. 29. Be it further enacted, That it shall be the duty of all committing courts in the County of Franklin to bind over to said court for trial or to commit for trial by said city court, all persons committed or admitted to bail by them for all misdemeanors; and all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial without any previous committing trial. The judge of said city court shall in

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all cases grant as speedy trial as the circumstances of the case will admit. Committals for trial. SEC. 30. Be it further enacted, That in all suits for the recovery of personal property said City Court of Franklin County shall have jurisdiction for all amounts whatsoever over the entire County of Franklin. Jurisdiction SEC. 31. Be it further enacted, That no defendant in a criminal case shall have a right to demand an indictment by the grand jury of Franklin County, and that all criminal trials in said court shall be by the judge and without a jury except when the accused shall in writing demand trial by jury, and said court shall be open at all times for the trial of criminal cases. The judge of said court, however, when in his discretion the ends of justice may demand it, may submit any case, civil or criminal, to a jury in said court, whether a jury trial is demanded or not. Whenever the accused in a criminal case shall waive a trial by jury, or shall enter a plea to the accusation, or indictment, the same shall be a waiver of trial by jury, and he shall not thereafter have the right to recall such waiver. When a jury trial is demanded, if it be at a special session of the court, the case shall be continued to the next jury term of the court, and shall then stand for trial as other jury cases. When, on investigation of a case or accusation, the same appears to be a felony, the trial shall be suspended, and the defendant committed or bound over to the next superior court, as in preliminary examinations. Demand for indictment. Jury trial. Waiver. Felonies. If the judge of said court be disqualified in any criminal case transferred from the superior court of said county, the said case may be retransferred to the superior court of said county, in the discretion of the judge, which may be done either in term time or in vacation. The judge of the Superior Court of Franklin County is hereby authorized in his discretion to transfer to said city court as soon as this Act becomes operative all misdemeanor indictments returned by the grand jury of the County of Franklin remaining undisposed of at the end of each term of court. All bonds returnable to the superior court shall follow the

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cases to the said city court when so transferred, and the defendant shall in such cases be bound to appear at said city court for trial at its first jury term after such case is transferred. All orders transmitting cases shall be entered upon the minutes of both the superior and said city courts. Disqualification of judge., Transfer of criminal cases. SEC. 32. Be it further enacted, That if the defendant in any criminal case shall have given bail for his appearance at a time when the said city court is not in term or when jurors are not in attendance on said court, and shall fail to appear, the said court shall proceed to forfeit said bail in the manner now provided by law; the rule nisi and scire facias being made returnable to the next regular term of court, provided, said term is not to be held within twenty days, in which event the same shall be made returnable to the succeeding regular term. If at the term no answer has been filed and it appears to the court that service has been perfected, the rule shall be made absolute and execution issued accordingly for the amount of the bail. Bail and forfeiture. SEC. 33. Be it further enacted, That the defendant in criminal cases shall be tried on written accusation, setting forth plainly the offense charged, founded on the affidavit of the prosecutor, which affidavit may be made before any officer of this State authorized to administer oaths, and signed by the prosecuting officer of said court, and shall have endorsed thereon the name of the prosecutor. All other proceedings after accusation shall conform to the rules governing like cases in the superior courts, except that there shall be no jury trials unless demanded in writing by the accused, unless otherwise provided in this Act. In all cases tried the accusation shall set forth with the same particularity the offense charged, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. SEC. 34. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practices shall be applicable to said city court, and shall obtain therein, except as otherwise provided herein. Rules applied.

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SEC. 35. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings governing the granting of new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. 36. Be it further enacted, That a writ of error shall be direct from the said City Court of Franklin County 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. 37. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the County of Franklin, may be brought in said City Court of Franklin County, provided said city court has jurisdiction of the amount involved, 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 said suits. Jurisdiction of joint promises, etc. SEC. 38. Be it further enacted, That in all cases in said city court the same powers and rights of parties as to waivers, pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the superior courts. Waivers, pleading, and procedure. SEC. 39. Be it further enacted, That the first quarterly term of said city court to which a civil case is brought shall be the appearance term, at which term final judgment shall be rendered in such cases as are provided for in section 14 of this Act, the second term shall be trial term for all cases in which issues are joined, and the judgment term for all cases in which judgment can not be rendered at the first term under the provisions of section 14 of this Act, and all

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the laws, rules and practices in said court with reference to the terms thereof and to the continuance, pleadings and trial of causes therein shall be the same as in the superior courts, except as otherwise provided in this Act. Appearance term. Judgment term. SEC. 40. Be it further enacted, That whenever the judge of said City Court of Franklin County is from any cause disqualified from presiding in a civil case, and the judge of the superior court is absent, or can not from any cause preside in said court, then, upon the selection of a judge pro hac vice by the parties, or upon their failure or refusal to select one, said case shall be tried by a judge pro hac vice selected in the same manner as now provided for in superior courts; that is a judge pro hac vice shall be selected by the clerk of said city court. Judge pro hac vice. SEC. 41. Be it further enacted, That in case of the absence of the judge of the city court at any term thereof, the clerk thereof may adjourn it to such time as the judge may direct, or, if no directions are given, the court shall be adjourned until the next regular term. Adjournment by clerk. SEC. 42. Be it further enacted, That the clerk and the sheriff of said city court shall receive the sum of four hundred ($400.00) dollars, each, per annum, to be paid monthly out of the county treasury of Franklin County in full compensation for all services performed in connection with the criminal business of said city court, and shall not receive any part of the costs, fines and forfeitures arising in said city court. They shall also receive the sum of three dollars per day, each, for attending the jury sessions of said court, and the sheriff the sum of three dollars for summoning the jury for each term of court, to be paid out of the county treasury of Franklin County. The fees of the clerk and sheriff of said court for services performed in connection with civil business shall be the same as are allowed by law to clerks and sheriffs of the superior courts of this State for like services, and they shall be entitled to the same remedies to enforce the collection of their fees in said city court as they are now entitled to in the superior courts in this State. Clerk and sheriff, pay of. Fees.

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SEC. 43. Be it further enacted, That in all criminal cases in said city court the costs shall be the same as in the superior courts in this State in similar cases, and the clerk of said city court shall collect the full amount of costs, fines, forfeitures and all other criminal costs, and make monthly settlements with the treasurer of Franklin County, turning over to said treasurer all monies arising therefrom and taking his receipt for the same on the minutes of said city court; except in transferred indictments from the superior court he shall pay over to the solicitor-general of the circuit such costs as it shall appear he is entitled to in such cases; and to justices of the peace and notaries public such costs as they shall appear entitled to in cases committed or bound over from justice courts. He shall submit a complete statement to the grand jury of Franklin County at each spring term of the superior court of his accounts under this section for which he shall receive the sum of ten dollars out of the contingent court funds. Costs to county treasury. SEC. 44. Be it further enacted, That the authorities having charge of the finances of Franklin County shall provide the necessary books for keeping dockets, records, minutes of said city court, and all other books and stationery to run said city court and shall provide a suitable place in the court-house in the City of Carnesville for the holding of said City Court of Franklin County. Record books. SEC. 45. Be it further enacted, That the judge of said city court shall, when in his discretion, he determines the same to be expedient, appoint a reporter or stenographer for said city court, for the term or to report any special case, with the privilege of either side of any case having the same reported; the fees of said stenographer for reporting and transcribing testimony to be the same as are now allowed to stenographers in the superior courts in this State. Stenographer. SEC. 46. Be it further enacted, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin County, as herein provided. An election is hereby called for Thursday, November

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15, 1917, to be held in said county in the same manner and at the same places as general elections for State and county officers are now held, on which date those favoring the establishment of said city court under the provisions of this Act shall cast their ballots have written or printed thereon the words: For the City Court of Franklin County; and those opposed thereto, the words: Against the City Court of Franklin County. Should a majority of the qualified voters voting at said election cast their ballots for the City Court of Franklin County, then and in that event this Act shall become of full force and effect on and after the first day of January, 1918. The vote in said election shall be consolidated in the same manner as the vote in general elections and returns thereof made to the ordinary of said county, and said ordinary shall declare the result of said election. And in the event the majority of said votes are cast for the City Court of Franklin County he shall immediately certify this fact to the Governor of Georgia, who shall appoint and commission a judge and solicitor of said court as provided in this Act. This Act referred to popular vote. SEC. 47. Be it further enacted, That in the event said City Court of Franklin County shall be established under this Act, that all cases, civil and criminal, now pending and undisposed of in the City Court for Franklin County, shall be and are hereby transferred to the said City Court of Franklin County, and the same shall be placed upon the proper dockets in said city court. All final and other processes now in the hands of the sheriff and his baliff, or other officers, which are made returnable to the City Court for Franklin County shall be by them returned to said City Court of Franklin County. The judge and other officers of said City Court of Franklin County shall have the powers and authority to issue and enforce in the name of said City Court of Franklin County any and all processes in any case from the City Court for Franklin County necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the City Court for Franklin County. All records, books and papers disposed of and of file in said City Court for Franklin

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County shall be filed and deposited with the clerk of the City Court of Franklin County. All final and other processes not satisfied now in the hands of the sheriff of said county shall be levied and enforced by the sheriff of said City Court of Franklin County and returns therefor made in said City Court of Franklin County; and said clerk of said City Court of Franklin County as the custodian and keeper of such books and records shall, whenever he may be requested so to do and upon payment to him of the fees prescribed by law, make and certify to copies of anything appearing on such City Court for Franklin County books or records and such certified copies shall stand upon the basis as evidence, shall be given the same faith and credit now given similar acts of the clerk of said City Court for Franklin County. Transfer of pending cases. Powers of judge and officers. SEC. 48. Be it further enacted. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1917. HINESVILLE CITY COURT: TERMS AND JURIES. No. 96. An Act to alter, amend and revise the Act which established the City Court of Hinesville, approved August 9, 1916, 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 9, 1916, and entitled An Act to establish the City Court of Hinesville, in the City of Hinesville. Liberty County, Georgia; to define its [Illegible Text] and power; to provide for the election of a judge and solicitor thereof; to define their powers and duties, and fix their compensation; to provide for a clerk and a sheriff thereof and prescribe their duties and fees; to provide for pleading and practice in said court; to provide for new trials therein and the carrying of cases

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therefrom to the Supreme Court and the Court of Appeals direct by bill of exceptions or writ of error; to provide that no party prosecuted in said court for a criminal offense shall have a right to demand an indictment by the grand jury of Liberty County; to provide for the transfer of all misdemeanor indictments not disposed of at the term of the court at which they are found from the Superior Court of Liberty County to the City Court of Hinesville, and for other purposes, be and it is hereby amended as follows: Act of 1916 amended. 1st. By striking out the first sentence of section eleven and substituting the following in lieu thereof: Be it enacted further, That terms of said court shall be held on the third Monday of each month, but there shall be four quarterly terms held on the third Monday of January, April, July and October of each year at which terms alone trials by juries shall be had. Terms of court. 2nd. By adding a new sentence between the words six and each in the thirty-second line of section twenty-four, as follows: But each party to any cause, civil or criminal, shall upon demand made before a panel is put upon him be entitled to a full panel of twenty-four jurors, from which each party shall strike as provided by law for striking juries in the superior courts. Juries panels for. 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, 1917. JESUP CITY COURT ACT AMENDED. No. 24. An Act to amend the Act establishing the City Court of Jesup, in and for the County of Wayne, approved July 31, 1916, and contained in the published Acts of 1916, pages 248 to 263, inclusive, so as to fix the salary of the judge of said court at $1,200.00 per annum; to restrict the jurisdiction of said court in civil suits; to

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prescribe the court costs in certain civil suits, and for 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 judge of the City Court of Jesup shall receive a salary of twelve hundred dollars ($1,200.00) per annum, which salary shall be paid monthly by the county depository of Wayne County on the order of the commissioners of roads and revenues for said county, and said salary shall remain and continue in effect until changed by Act of the General Assembly of Georgia; and so much of section 2, of the said Act establishing the City Court of Jesup, approved July 31, 1916, as conflicts with this section of this amendment be and the same is hereby repealed. Salary of judge. SEC. 2. Be it further enacted by the authority aforesaid. That from and after the passage of this Act the said City Court of Jesup shall not have or exercise jurisdiction over any civil cause which, under the law, may be brought in a justice court and in which the principal sum involved does not exceed fifty dollars ($50.00). Provided, that such cases as are now pending in said city court of the aforesaid character may be disposed of by said court, and it shall have jurisdiction thereof until finally adjudicated. Jurisdiction limited. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the clerk of said City Court of Jesup shall be entitled to the following costs: in suits involving more than fifty dollars ($50.00), and not exceeding one hundred dollars ($100.00), principal, two dollars ($2.00) for whole service, including filing, docketing and issuing copy and process, regardless of number of copies, but exclusive of subp[oelig]nas and execution; in suits involving more than one hundred dollars ($100.00), and not exceeding five hundred dollars ($500.00), principal, four dollars ($4.00) for whole service, including filing, docketing and issuing copy and process, regardless of number of copies, but exclusive of subp[oelig]nas and execution; and in suits involving more than five hundred dollars

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($500.00) principal, and for all other costs and services, the same costs and fees as are allowed by law for similar costs and services in the superior court, and all of said court costs shall be taxed against the losing party in the same manner as now provided by law. Costs of clerk. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the sheriff of said City Court of Jesup shall be entitled to only one dollar ($1.00) for serving each copy and process and one dollar ($1.00) for each levy of execution in suits involving more than fifty dollars ($50.00), and not exceeding one hundred dollars ($100.00) principal; and in all other cases and for all other services the same costs and fees as are allowed by law for similar costs and services in the superior court, and which said cost shall be taxed against the losing party in the same manner as now authorized by law. Costs of sheriff. SEC. 5. Be it further enacted by the authority aforesaid, That such part or parts of the Act approved July 31, 1916, establishing the City Court of Jesup, conflicting with the provisions of this amended Act as to the salary of the judge of said city court and the mode of fixing the same and the costs and fees of the clerk and sheriff of said court, or in any other manner, be and the same are hereby repealed in so far as they conflict herewith. Act of 1916 repealed in part. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 4, 1917. LAGRANGE CITY COURT JUDGE'S SALARY. No. 49. An Act to amend section four of the Act establishing the City Court of LaGrange, approved December 19, 1899, so as to provide for an increase in the salary of the judge of said city court.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 4 of the Act establishing the City Court of LaGrange, approved December 19, 1899, be and the same is hereby amended by striking out the words, fifteen hundred dollars, in the fifteenth line of said section and inserting in lieu thereof the following words: eighteen hundred dollars per annum, so that said section 4 of said Act, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That there shall be a judge of said City Court of LaGrange, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years, and all vacancies in said office shall be filled by the appointment of the Governor, for the residue of the unexpired term, such appointments being subject to the approval of the Senate, which may be then in session, or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at the next session thereafter; provided, that the judge first appointed under this Act, if the Senate be not in session, or shall fail to act, shall hold and fill the office subject to the approval of the Senate at the next session thereafter. The judge of said City Court of LaGrange shall receive a salary of not less than eight hundred ($800.00) dollars, and not more than eighteen hundred ($1,800.00) dollars per annum, to be fixed by the board of commissioners of roads and revenues of Troup county. Act of 1899 amended. Judge's salary. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. LOUISVILLE CITY COURT JUDGE AND SOLICITOR. No. 73. An Act to amend an Act entitled An Act creating the City Court of Louisville, for the County of Jefferson; to

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define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and to provide for other officers thereof; to define their powers and duties and to provide for the compensation of said officers; to provide for pleading and distress on new trials therein; writs of error therefrom, and for other purposes, so as to provide that the judge and solicitor of said court shall be elected by the people, the time of the election fixed; to provide for an extension of the present terms of said officers, and to provide that the solicitor shall receive a salary in lieu of fees in criminal business. Said Act approved August 19, 1911. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 2 of the above-recited Act be stricken out and the following substituted in its stead, to-wit: Be it further enacted by the authority aforesaid, That there shall be a judge of said city court who shall be elected by the qualified voters of Jefferson County at the same time and under the same rules and regulations as exist in the election of the members of the General Assembly. The judge of said court, who shall be appointed in 1917, under the present law, shall be commissioned by the Governor for a term expiring December 31, 1920. The first election under this Act shall be held at the same time and place of the general election for Governor and members of the General Assembly in 1920, the term of the judge so elected at that time to be for two years from January 21, 1921. Any vacancy in said office of judge shall be filled by appointment of the Governor for the unexpired term, unless a general election for the members of the General Assembly occurs before the expiration of his term. The judge of said court shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly by the treasurer of Jefferson County, and it shall be the duty of the commissioners of roads and revenues of said county or of other proper officers to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation. He may practice law in any other court except his own court. Act of 1911 amended. Judge's election, etc. Vacancy. Salary.

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SEC. 2. Be it further enacted by the aforesaid authority, That section 4 of said Act be stricken and the following substituted in its stead, to wit: Be it further enacted by the authority aforesaid. That there shall be a solicitor of said city court, who shall be elected at the same time and in the same manner as the judge of said court. It shall be the duty of said solicitor to prosecute offenses cognizable before said city court. Said solicitor shall be at least twenty-two years of age and a resident of Jefferson County; for two [Illegible Text] a practicing attorney. All vacancies in said office shall be filled in same manner as prescribed for filling vacancies in the office of judge. The said solicitor shall be paid a salary, which shall be paid monthly by the treasurer of Jefferson County, not to exceed nine hundred dollars per annum. The salary of said solicitor shall be fixed by the commissioners of road and revenues of Jefferson County at the beginning of each fiscal [Illegible Text] said salary to commence January 1, 1918. All fees in criminal cases that formerly went to the solicitor shall be taxed in the costs, collected by the clerk of said city court and paid into the county treasury. The salary heretofore mentioned is to be in lieu of any and all fees. In the absence or disqualification of the said solicitor, the judge of said city court shall appoint a solicitor pro tem., and he shall be paid for his services the same fees in the cases he handles as would be received by a solicitor-general of the superior court. Solicitor's election, etc. Salary. Solicitor pro tem. 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 8, 1917. MACON MUNICIPAL COURT, SALARIES, ETC. No. 141. An Act to amend an Act entitled an Act to abolish justice courts, and the office of justice of the peace and notary public ex-officio justice of the peace, and the office of constable in the City of Macon; to establish and create

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in lieu thereof a municipal court in and for the City of Macon, etc., approved August 16, 1913, Georgia Laws 1913 (pages 252-266); 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 ten (10) of the Act of the General Assembly, approved August 16, 1913, abolishing justice courts, and the office of justice of the peace and notary public ex-officio justice of the peace, and the office of constable in the City of Macon, and establishing in lieu thereof a municipal court in and for said city, is hereby amended by striking the words twelve hundred, in the sixth line of section 10 thereof, and substituting in lieu thereof the words, fifteen hundred, so as to provide that the compensation of the sheriff of said municipal court shall be fifteen hundred dollars per annum. Act of 1913 amended. Sheriff's pay. SEC. 2. Be it further enacted, That section 14 of the above entitled Act be amended by striking the words, nine hundred, in the eighteenth line of said section 14, and substituting in lieu thereof the words, one thousand and eighty, so as to provide that the compensation of the deputy clerks of said municipal court shall be one thousand and eighty dollars per annum. SEC. 3. Be it further enacted, That section 26 of the above entitled Act be amended by adding at the end of subsection c, appearing on page 262 of the Georgia Laws of 1912, the following: In view of the additional duties placed upon the judge of Bibb Superior Court by the terms of this Act, he is hereby authorized to appoint a secretary at a salary of not exceeding fifty dollars per month, the same to be paid out of the treasury of Bibb County as other court expenses are paid properly chargeable to said county; so that subsection c of section 26 of said Act, when amended, shall read as follows: (c). In all cases not embraced by paragraph (a) of this section, and in which the principal sum claimed, or the value of the property in controversy, does not exceed one hundred dollars ($100.00). From the judgment of said court making final

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disposition of said case, an appeal shall lie by writ of error to the Superior Court of Bibb County, and a bill of exceptions shall be tendered, certified, and filed under the same rules as apply to bills of exceptions from the superior courts of this State; provided, however, that said bills of exceptions shall be tendered within ten days from the judgment complained of, and served and filed within ten additional days, and the judgment of said superior court making disposition of said case shall be final, and shall not be subject to review by an Appellate Court; and in view of the additional duties placed upon the judge of Bibb Superior Court by the terms of this Act, he is hereby authorized to appoint a secretary at a salary not exceeding fifty dollars per month, the same to be paid out of the treasury of Bibb County, as other court expenses are paid properly chargeable to said county. Secretary to judge. 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 18, 1917. MILLER CITY COURT ACT AMENDED. No. 32. An Act to amend an Act creating and establishing the City Court of Miller County, approved August 8, 1908, as amended by an Act approved August 6, 1909, and as further amended by an Act approved August 5, 1913, so as to provide the manner of payment of the solicitor of said court, and to change the right demand for an indictment by the grand jury, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to establish the city court in and for the County of Miller, approved August 8, 1908, as amended by an Act approved August 6, 1909, and as further amended by an Act approved August 5, 1913, be and the

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same is hereby amended by striking out of section one of said Act as amended, the following words: Provided, however, that said solicitor shall receive no fee at all unless there is a plea of guilty or conviction, so that, when amended, said section one will read: Be it further enacted, That for his services in said court, the fees of the solicitor shall be as follows: For every case finally disposed of by said court, founded upon accusation, $10.00; for every indictment or special presentment, finally disposed of in said court, $10.00; and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to solicitors-general for same services in the superior court. The foregoing fees are to be paid out of the funds arising from the fines and forfeitures in said court, with the exception that the county commissioners of said county shall pay all costs for the conviction of convicts delivered to them by said court to be worked upon the roads of Miller County. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the solicitor in said court. Acts of 1908, 1909, and 1913 amended. Read. Fees of solicitor. SEC. 2. Be it further enacted, That section 23 on page 187 of the original Act, as amended, be amended by striking out the word any in the fourth line of said section as heretofore amended, and inserting the word no, so that section, when amended, will read: Be it further enacted, That defendants in criminal cases in said City Court of Miller County may be tried on written accusation framed and signed by the solicitor of said city court. No person charged with an offense within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Miller County before trial. No demand for indictment. 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 4, 1917.

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MORGAN CITY COURT, ELECTION TO ABOLISH. No. 71. An Act to repeal the Act approved August 19, 1916, to create the City Court of Morgan, Calhoun County; to provide for transferring all of the business pending in said court, both civil and criminal, to the Superior Court of Calhoun County, in the event of the abolition of said court; to provide that this Act shall go into effect after its ratification by the qualified voters of the County of Calhoun, and to provide for its submission to the qualified voters of said county, 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, as follows: SECTION 1. That the Act approved August 19, 1916, creating the City Court of Morgan be and the same is hereby repealed. Act of 1916 repealed. SEC. 2. That when this Act goes into effect, the business of said City Court of Morgan, both civil and criminal, shall be transferred to and tried by the Superior Court of Calhoun County under the same terms and conditions as said cases are usually tried in said superior court. Transfer of business. SEC. 3. That before this Act shall go into effect, the question as to whether or not it will go into effect shall be submitted to the qualified voters of Calhoun County at an election, which shall be held on the first Tuesday in October, 1917. That the voters wishing to vote for the ratification of this Act shall have written or printed upon their tickets or ballots, the following: Against the City Court of Morgan. All those desiring to vote against the ratification of this Act shall have written or printed upon their tickets or ballots as follows: For the City Court of Morgan. Referred to popular vote. SEC. 4. That said election shall be held during the same hours and under the same rules and regulations designated

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by the laws of Georgia for holding general elections of State and county officers; except that the returns of said elections shall be made to the ordinary of said county by the managers thereof, and that said votes shall be canvassed and consolidated in the presence of said ordinary and at least one manager from each voting precinct, in the superior court room of said county, on the day following said election. Should it appear from the consolidation of the votes that the majority of the votes cast are for the ratification of this Act, the said Act shall immediately go into effect and the said City Court of Morgan shall be abolished; but should the contrary appear, or should there be a tie, the said City Court of Morgan shall stand as originally created, it being the intention of this Act that the said City Court of Morgan shall continue as originally created until abolished as herein provided. SEC. 5. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. NASHVILLE CITY COURT ACT AMENDED. No. 106. An Act to amend an Act approved July 31, 1905, entitled An Act to establish the City Court of Nashville, by providing for the fees of the solicitor of said court; and by fixing the costs of sheriff and clerk of said court; and by providing for the payment of said fees and costs; and by providing for the disposition of fines and forfeitures coming into 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 passage of this Act, the Act approved July 31, 1905, entitled An Act to establish the City Court of Nashville, etc., shall stand amended in the following particulars: Act of 1905 amended.

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SEC. 2. By striking from said Act section 9 and inserting in lieu thereof the following: That any person who shall be elected solicitor of said court must, at the time of such election, be at least twenty-three years of age, must also have been a resident of said County of Berrien for two years immediately before such election, and must have been a practicing attorney for at least two years before his election. That the solicitor shall receive a fee of $10.00 for each criminal case made by accusation and prosecuted to a conclusion in said court, to be paid from the general county funds of Berrien County; except in cases nolle prossed by the approval of the court he shall receive the sum of $2.50 each. It shall be the duty of said solicitor to represent the State in the Court of Appeals in all writs of error from said City Court of Nashville, for which service he shall be paid out of the State treasury the same sums paid solicitors-general for similar services. Said solicitor before entering upon the duties of his office shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the City Court of Nashville, so help me God. Solicitor. SEC. 3. By striking from said Act section 11, and inserting in lieu thereof the following: That the clerk of the Superior Court of Berrien County shall be clerk of said city court; the same duties that are by law required of him, as an officer of the superior court, so far as the same do not conflict with the provisions of this Act, shall be his duties as clerk of city court. For his services he shall receive the same compensation that he is entitled to receive for similar services in the superior court; provided, that in civil cases, where the principal sum claimed is for less than $500.00 then his costs shall be as is now prescribed by law in county courts; provided, further, that his cost in criminal cases made by accusation prosecuted to a conclusion in said court shall be $3.00 in each case, except in cases ordered nolle prossed upon approval of the court, in which event he shall receive $1.00 for each case, such cost of the clerk in criminal

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cases to be paid out of the general county fund. The clerk shall execute a bond for the sum of $1,000.00, payable to the Governor, conditioned for the faithful discharge of his duty as clerk of said court, which bond shall be approved by the judge of the city court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify, or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk. SEC. 4. By striking from said Act section 12, and inserting in lieu thereof the following: Be it further enacted, That the sheriff of Berrien County shall, by virtue of his office, be sheriff of the city court. Before entering upon the discharge of his duties of his office as such sheriff of said city court, he shall execute a bond with good security in the sum of $3,000.00, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the city court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the sheriff of Berrien County shall fail to qualify as sheriff of the city court the judge of said city court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint deputies as business of the said court may require, who shall give such bonds as required by deputy sheriffs. Such sheriffs shall receive such fees as the sheriffs of Berrien County now or hereafter may be allowed, except in civil cases, where the amount involved is less than $500.00, then his fee shall be as is allowed by law to county court bailiffs, and except in criminal cases made by accusation in said court, in which cases his cost shall be $3.00 for arrest in each case, and $1.00 for taking bond in each case, such cost to be paid out of the general county fund. Sheriff. SEC. 5. By striking from said Act section 36, and inserting in lieu thereof the following: Be it further enacted, That all money arising in said court from fines and forfeitures shall be collected by the sheriff of said court, and

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by him paid into the general county fund of Berrien County for proper disbursement. Fines, etc., to county. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1917. SAVANNAH CITY COURT JURORS, DEPUTY CLERK, AND STENOGRAPHER. No. 48. An Act to alter, amend, and revise the several Acts relating to the City Court of Savannah, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That the judges of the City Court of Savannah shall have, and they are hereby given, the power to draw panels of jurors and tales jurors in addition to the regular panels, when necessary for the trial of criminal causes. Jurors. SEC. 2. Be it further enacted, That the clerk of said court shall have, and he is hereby given, authority to appoint a deputy clerk in addition to the deputy now provided by law, who shall have the same powers and duties prescribed by law for said deputy clerk, but said additional deputy shall serve without compensation from the county. Deputy clerk. SEC. 3. Be it further enacted, That in lieu of the appointment a special bailiff as provided for by Code Section 4993, when there is a vacancy in said office the judge of the City Court of Savannah may appoint a stenographer who shall perform all clerical and stenographic work required by the judges of the City Court of Savannah, who shall receive a salary payable out of the county treasury equal to that provided by law for bailiffs. Stenographer in lieu of bailiff.

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SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 7, 1917. VALDOSTA CITY COURT FEES ABOLISHED, ETC. No. 88. An Act to amend the original Act creating the City Court of Valdosta in the County of Lowndes, approved December 11, 1901, and all amendatory Acts thereof, so as to provide for the abolition of the fee system in said court as appertaining to all criminal business; to provide for the payment of a salary to the clerk, sheriff and solicitor of said court; to provide for all costs, fines and forfeitures arising from the City Court of Valdosta, derived from criminal business, which would, under the present fee system, go to the clerk, sheriff and solicitor thereof, to be paid into the county treasury of Lowndes County and to become the property 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 fee system now existing in the City Court of Valdosta for Lowndes County, as applied to any and all criminal business in said court, be and the same is hereby abolished; and the clerk, sheriff and solicitor of said court shall hereafter be paid salaries as hereinafter provided, instead of fees as under the present system. Salaries instead of fees, for criminal business. SEC. 2. Be it enacted by the authority aforesaid, That the salary of the clerk of the City Court of Valdosta shall be the sum of eleven hundred dollars ($1,100.00) per annum; that the salary of the sheriff of Lowndes County, as ex-officio sheriff of said court, shall be the sum of twelve hundred dollars ($1,200.00) per annum; and that the salary of the solicitor of said court shall be eighteen hundred dollars

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($1,800.00) per annum, which said salaries shall be paid monthly by the treasurer of Lowndes County, out of the general fund of said county, and it shall be the duty of the commissioners of said county to make provision annually by levying taxes for this purpose. Salaries of clerk, sheriff, and solicitor. SEC. 3. Be it further enacted by the authority aforesaid, That all cost, fines and forfeitures arising through cases in the criminal side of the City Court of Valdosta shall be collected by the clerk of said court and shall be paid into the treasury of Lowndes County and to the treasurer of said county, save and except such costs, fines and forfeitures or parts thereof which are legally due and payable to other officers; and any and all fees, emoluments, perquisites of office and insolvent cost which under any laws heretofore or now existing, or which may hereafter be enacted, shall become due and payable to said officers or shall appertain to said offices, shall become the property of said County of Lowndes and the said County of Lowndes shall be subrogated to, and shall stand in the place and stead of said officers as regards any and all such fees, emoluments or perquisites of office derived from the criminal business of the said court. Provided, that nothing in this Act shall be construed to affect the fees now allowed by law to solicitor of said court for services in the Supreme Court and Court of Appeals and said last named fees shall be the property of the solcitor as heretofore. Costs, fines, etc., to county treasury. Fees in courts of review. SEC. 4. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to change or affect any of the fees, emoluments or perquisites of office appertaining to the clerk and sheriff of said court, derived from civil business in said court, but all of such fees, emoluments and perquisites of office shall be due and payable to said clerk and sheriff, respectively, as under the present system, and the salary provided in section 2 of this Act shall be in addition to such fees, emoluments and perquisites derived from civil business in said court. Fees for civil business not affected. SEC. 5. Be it enacted by the authority aforesaid, That the foregoing Act shall not go into effect until the first day of January, 1918.

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SEC. 6. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1917. VALDOSTA CITY COURT JUDGE'S SALARY, ETC. No. 157. An Act to amend an Act establishing the City Court of Valdosta, in and for the County of Lowndes; to define its jurisdiction and powers, and for other purposes, approved December 11, 1901, as amended by an Act approved August 15, 1905, and as amended by an Act approved August 12, 1913, so as to provide for increase in the salary of the judge of said court, and so as to provide for the transferring of misdemeanor cases from the Superior Court of Lowndes County to said city court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act approved August 12, 1913, be amended by striking from section 4, of said Act, the words, one thousand eight hundred dollars per annum, and inserting in lieu thereof the words, two thousand dollars per annum, so that said section, when amended, shall read as follows: That there shall be a judge of said City Court of Valdosta, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years, and until his successor shall be appointed and qualified, and all vacancies in the office of the judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said City Court of Valdosta

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shall receive a salary of $2,000 per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Lowndes by the persons charged by the law with the paying out of the money of Lowndes County. Act of 1913 amended. Read. Salary of judge. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the judge of the Superior Court of Lowndes County at each regular session or term of said court to pass an appropriate order or judgment transferring all misdemeanor cases not disposed of or tried in said superior court, from said superior court to the City Court of Valdosta, to be disposed of and tried in said City Court of Valdosta. Transfer of misdemeanor cases. SEC. 3. Be it further enacted, That the provisions of this Act shall not go into effect until the first day of January, 1918. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 18, 1917.

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TITLE II. SOLICITORS-GENERAL; ABOLISHING FEES. ACTS. Brunswick Circuit; Salary Fixed. Chattahoochee Circuit; Salary Fixed. Pataula Circuit; Salary Fixed. Southern Circuit; Salary Fixed. Southwestern Circuit; Salary Fixed. Waycross Circuit; Salary Fixed. BRUNSWICK CIRCUIT; SALARY FIXED. No. 134. An Act to abolish the fee system now existing in the Superior Courts of the Brunswick Judicial Circuit, as applied to the office of solicitor-general, in all fees now, heretofore, or hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the collection, payment and disposition of all funds, monies and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The fee system now existing in the Superior Courts of the Brunswick Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial circuit, be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this Act; and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said Brunswick Judicial Circuit shall be the sum of $3,000 per annum in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State, which said salary of $3,000 per annum shall be paid pro rata out of the general treasuries or depositories of the various counties composing said circuit upon the basis of taxable values; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its total values of taxable property bears to the total values of taxable property of all of the counties of the circuit, as shown by the official records of the Comptroller-General of this State, the taxable values of each year being used as a basis for calculation of the proportion of said salary that each county must pay the ensuing year. It shall be and is hereby made the duty of the ordinary, county commissioners or other authorities having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties in April, July, October and January, and upon regular county warrants issued therefor; and it is further

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made the duty of said ordinaries, county commissioners or other county authorities, having control of county matters, to make provision annually when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Salary fixed; how paid. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior courts of the counties composing said Brunswick Judicial Circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any and all former solicitors-general, and shall stand in their places and stead, and shall be entitled to all funds, monies and emoluments accruing to said office in said judicial circuit. And hereinafter when orders on the insolvent fund or other judgments or findings are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general, as under the present system, the same shall be entered and approved in the name of the solicitor-general for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, monies and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries or depositories of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury or depository of that county, and shall become the property

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of such county. Said clerks shall make written reports, under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of superior court held in their respective counties; and shall furnish a duplicate of said sworn statement to the ordinaries or county commissioners, or other county authorities of such counties at the time of making such statement and remittance to said county treasuries or depositories. Said clerks of the superior courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries or depositories of their respective counties; and their books, records and vouchers relating thereto shall be open to the inspection of the public as other public records, and shall be the subject of an investigation and inquiry which the grand juries of said counties may deem proper to make. Costs, fees, fines, etc.; collection and distribution. SEC. 4. The solicitor-general of said district is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of superior court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs collected, and it shall be his duty, at all times, to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries or depositories of said counties, and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Said salary of $3,000 and the constitutional

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salary hereinbefore referred to shall be in full payment for all of the service of said solicitor-general and he shall be entitled to no other funds or fees except as provided by section 6 of this Act. Said solicitor-general shall pay all of his traveling expenses and all expenses incurred by him in the preparation for trial of cases and shall pay for all stenographic service and clerical aid employed by him, and shall also pay for all legal assistants which he may deem proper to engage. The said counties of the Brunswick Judicial Circuit shall not be liable for any of the items of expense aforesaid. No allowance for expenses. SEC. 6. Nothing in this Act shall be construed to affect in any way the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in courts of review. SEC. 7. This Act shall go into effect on the first day of January, 1918. SEC. 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. CHATTAHOOCHEE CIRCUIT; SALARY FIXED. No. 218. An Act to abolish the fee system now existing in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit;

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to impose certain duties upon the clerks of the superior courts of the counties composing said circuit and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, monies and emoluments accuring to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit for the purpose of paying the salary of said solicitor-general; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The fee system now existing in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of [Illegible Text] and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial [Illegible Text] be and the same are hereby [Illegible Text] in so far as the same constitutes the compensation of said [Illegible Text] but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this [Illegible Text] and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said Chattahoochee Judicial Circuit shall be the sum of $4,250.00 per annum in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State; which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportions. to-wit: Chattahoochee County shall pay the sum of $171.00; Harris County shall pay the sum of $536.00; Marion County shall pay the sum of $290.00; Muscogee County shall pay the sum of $2,666.00; Talbot County shall

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pay the sum of $305.00, and Taylor County shall pay the sum of $282.00. It shall be and is hereby made the duty of the ordinary, county commissioners or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first days of April, July, October and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinaries, county commissioners or other county authorities, having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of $4,250.00 and the constitutional salary of $250.00 shall be in full payment for all the services of said solicitor-general for all traveling and other expenses and for all sums paid out by said solicitor-general for [Illegible Text] aid and legal assistants engaged or employed by him, except as provided in section 6 of this Act. Salary fixed; how paid. No allowance for expenses. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior courts of the counties composing said judicial circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any former solicitor-general, and shall stand in their places and stead, and shall be entitled to all funds, moneys and emoluments accruing to said office in said judicial circuit, and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general as under the present system the same shall be entered and approved in the name of the

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solicitor-general, for the use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, monies and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in that particular county shall be paid by said clerk into the treasury of that county and shall become the property of such county. Said clerks shall make written reports under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective [Illegible Text] and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners, or other county authorities of such counties, at the time of making such statement and remittance to said county treasurers; said clerks of the superior court of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitors-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries of their respective counties, and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties; and shall also be audited whenever the books and records of other county officials are audited. Costs, fees, fines, etc.; collection and distribution. SEC. 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected,

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from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs collected; and it shall be his duty, at all times, to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in courts of review. SEC. 6. This Act shall not go into effect until the first day of January, 1918. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. PATAULA CIRCUIT; SALARY FIXED. No. 213. An Act to establish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, as applied to the office of solicitor-general, and all fees, now, heretofore or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of fines, forfeitures and fees, including insolvent costs occuring

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to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of counties composing said circuit and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, moneys, and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary for the said solicitor-general, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: SECTION 1. The fee system now existing in the superior courts of the Pataula judicial circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general of said judicial circuit, be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor-general; but the same schedules of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this act; and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as herein provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said judicial circuit shall be the sum of $2,750.00 per annum, in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of the State; which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said

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circuit, according to the official Federal census of 1910, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding official Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties, to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first day of April, July, October and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners or other county authorities, having control of county matters, to make provision annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $2,750.00 and the Constitutional salary of $250.00 shall be in full payment for all the services of said solicitor-general, for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him, except as provided by him in section 5 of this Act. Salary fixed; how paid. No allowance for expenses. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior courts of the counties composing said judicial circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any former solicitor-general, and shall stand in their places and stead and shall be entitled to all funds, moneys and emoluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of court, instead

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of the same being entered and approved in the name of the solicitor-general, as under the present system, the same shall be entered and approved in the name of the solicitor-general, for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, moneys and emoluments accruing to the office of solicitor-general of said judicial circuit, under any laws heretofore or now existing or which may hereinafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties, all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury of that county, and shall become the property of such county; and said clerks shall make written reports under oath, of the amounts so collected, and make payment and remittance thereof to the treasurer or other custodians of county funds of said counties within thirty days after the adjournment of each term of court held in their respective counties; and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners or other county authorities of such counties, at the time of making such statement and remittance to said county treasurers. Said clerk of the superior courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties; and shall also be audited whenever the books and records of other county officials are audited. Costs, fees, fines, etc., collection and distribution.

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SEC. 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected, from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs collected; and it shall be his duty, at all times, to exercise supervision over the collection of all fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in courts of review. SEC. 6. This Act shall not go into effect until the first day of January, 1918. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. SOUTHERN CIRCUIT; SALARY FIXED. No. 162. An Act to abolish the fee system now existing in the superior courts of the Southern Judicial Circuit, as applied to the office of solicitor general, and all fees now, heretofore or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this

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State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The fee system now existing in the superior courts of the Southern Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office or solicitor-general in said judicial circuit be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this Act and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said judicial circuit shall be the sum of $3,000.00 per annum, in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of this State; which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population

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bears to the total population of all of the counties in said circuit, according to the official Federal census of 1910, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding official Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first days of April, July, October and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities, having control of county matters, to make provision annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paving the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of $3,000.00 and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor-general, for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and for legal assistants engaged or employed by him, except as provided in section 5 of this Act. Salary fixed; how paid. No allowance for expenses. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior courts of the counties composing said judicial circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any former solicitor-general, and shall stand in their places and stead, and shall be entitled to all funds, moneys and emoluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or other judgment or finding are

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entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general, as under the present system, the same shall be entered and approved in the name of the solicitor-general, for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, moneys and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereinafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury of that county, and shall become the property of such county. Said clerks shall make written reports, under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective counties and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners or other county authorities of such counties, at the time of making such statement and remittance to said county treasurers. Said clerks of the superior courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties; and shall also be audited

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whenever the books and records of other county officials are audited. Costs, fees, fines, etc.; collection and distribution. SEC. 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected, from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs collected; and it shall be his duty, at all times, to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. SEC. 6. This Act shall not go into effect until the first day of January, 1918. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. SOUTHWESTERN CIRCUIT; SALARY FIXED. No. 136. An Act to abolish the fee system now existing in the superior courts of the Southwestern Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office;

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to provide for a payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the suprior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The fee system now existing in the superior courts of the Southwestern Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial circuit, be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this Act; and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said Southwestern Judicial Circuit shall be the sum of $3,000.00 per annum in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 of article 6 of the Constitution of the State; which said salary (additional to the constitutional salary of $250.00 per annum) shall be

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paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official Federal census of 1910, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding official Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first days of April, July, October and January, and upon regular county warrants issued therefore; and it is further made the duty of said ordinaries, county commissioners, or other county authorities, having control of county matters, to make provision annually, when levving taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of $3,000.00 and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor-general, for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him, except as provided in section 5 of this Act. Salary fixed; how paid. No allowarce for expenses. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior court of the counties composing said judicial circuit or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the

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solicitor-general of said circuit, and any former solicitor-general, and shall stand in their places and stead, and shall be entitled to all funds, moneys and empluments accruing to said office in said judicial circuit; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general, as under the present system, the same shall be entered and approved in the name of the solicitor-general, for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, moneys and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury of that county, and shall become the property of such county. Said clerks shall make written reports, under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective counties; and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners, or other county authorities of such counties, at the time of making such statement and remittance to said county treasurers. Said clerks of the superior courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, inclluding insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties, and likewise keep a record of all sums collected by them under the provisions of this Act, and paid by them into

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the treasuries of their respective counties; and their books, records, and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties; and shall also be audited whenever the books and records of other county officials are audited. Costs, fees, fines, etc.; collection and distribution. SEC. 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected, from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs collected; and it shall be his duty, at all times, to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in courts of review. SEC. 6. This Act shall not go into effect until the first day of January, 1918. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. WAYCROSS CIRCUIT; SALARY FIXED. No. 147. An Act to abolish the fee system now existing in the Superior Courts of the Waycross Judicial Circuit, as applied

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to the office of solicitor-general, and all fees now, heretofore or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 of section 13 of article 6 of the Constitution of this State; to provide for the disposition of the fines, forfeitures and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit for the purpose of paying the salary of said solicitor-general, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The fee system now existing in the Superior Courts of the Waycross Judicial Circuit, as applied to the office of solicitor-general, and all fees now or heretofore or hereafter accruing to the office of solicitor-general in said judicial circuit, be and the same are hereby abolished, in so far as the same constitutes the compensation of said solicitor-general; but the same schedule of fees and costs, prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as provided by section 3 of this Act; and the solicitor-general of said judicial circuit shall hereafter be paid a salary, as hereinafter provided, in lieu of fees, as under the present system. Salary instead of fees. SEC. 2. The salary of the solicitor-general of the said Waycross Judicial Circuit shall be the sum of $3,000.00 per

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annum, in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13 or article 6 of the Constitution of this State; which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit, according to the official Federal census of 1910, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding official Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in each of said counties, to cause the part or portion of said salary, so assessed against each of said counties, to be paid to said solicitor-general quarterly, in each year, out of the funds of said counties; that is to say, on the first days of April, July, October and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities, having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of $3,000.00 and the Constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor-general, for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him, except as provided in section 5 of this Act. Salary fixed; how paid. SEC. 3. In the distribution among officers of court of all costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees paid into the superior

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courts of the counties composing said judicial circuits or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the solicitor-general of said circuit, and any former solicitor-general, and shall stand in their places and stead, and shall be entitled to all funds, moneys and emoluments accruing to said office in said judicial circuit; and hereafter when orders on this insolvent fund or other judgment or finding are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the solicitor-general, as under the present system, the same shall be entered and approved in the name of the solicitor-general, for use and benefit of the respective counties of said circuit. All costs, both in particular cases or matter, and all insolvent costs, and all fines, forfeitures and fees, and all funds, moneys and emoluments accruing to the office of solicitor-general in said judicial circuit, under any laws heretofore or now existing or which may hereinafter be enacted, shall be collected by the clerks of the superior courts of the various counties composing said judicial circuit, and shall be paid by said clerks into the treasuries of their respective counties; all of which said sums shall be the property of said counties; that is to say, all sums collected from any and all cases or matters arising in any particular county shall be paid by said clerk into the treasury of that county, and shall become the property of such county. Said clerks shall make written reports, under oath, of the amounts so collected, and make payment and remittance thereof to the treasurers or other custodians of county funds of said counties, within thirty days after the adjournment of each term of court held in their respective counties, and shall furnish a duplicate of said sworn statement to the ordinaries, county commissioners, or other county authorities of such counties, at the time of making such statement and remittance to said county treasurers. Said clerks of the superior courts of said counties shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, earned by the said solicitor-general of said circuit, from any and all sources whatsoever, arising within their respective counties,

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and likewise keep a record of all sums collected by them, under the provisions of this Act, and paid by them into the treasuries of their respective counties; and their books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be the subject of investigation and inquiry by the grand juries of said counties; and shall also be audited whenever the books and records of other county officials are audited. Costs, fees, fines, etc.; collection and distribution. SEC. 4. The solicitor-general of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and cost collected, from any source whatsoever, in the various counties of said circuit; and, at the conclusion of each term of court, he shall review and verify the books, records and vouchers of said clerks, as to all fees earned and costs [Illegible Text] and it shall be his duty, at all times, to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Accounting for fees and costs. SEC. 5. Nothing in this Act shall be construed to affect the fees now allowed by law to solicitors-general of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State. Fees in courts of review. SEC. 6. This Act shall not go into effect until the first day of January, 1918. SEC. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917.

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TITLE III. COUNTY MATTERS. ACTS. Bacon County Road Tax. Baker Commissioner Act Repealed. Baker Board of Commissioners Created. Banks Bridge Work by Convict Labor. Banks Bridge Work by Convict Labor. Banks Commutation Road Tax. Brooks Commissioners' Clerk's Pay. Bryan Supervisor of Roads Abolished. Bulloch Commissioners' Compensation. Butts Board of Commissioners Created. Butts Commissioner's Office Abolished. Calhoun Commissioners; How Elected. Candler Commisioners; Section Repealed. Carroll Commissioner's Clerk's Pay. Catoosa Commissioners' Clerk's Pay. Charlton County Fishing Regulations. Chattooga Treasurer's Salary Fixed. Coffee Board of Commissioners Abolished. Coffee Board of Commissioners Created. Coffee Political Executive Committees. Coweta Road District Added. Coweta Treasurer; Vacancy, How Filled. Dade Depository; Amending Act. Dodge Treasurer's Salary and Bond. Douglas Commissioners; Amending Act. Early Commissioners' Election, etc. Elbert Seed-Cotton Sale Regulation. Floyd Commissioners; Repealing Act, etc. Franklin Commissioners and Districts. Franklin Commissioners and Districts. Glascock Treasurer's Salary Fixed. Greene Depository; Amending Act. Habersham Street Work in Towns. Henry Commissioners; Amending Act. Jasper Commissioners' Monthly Reports. Jones Treasurer's Salary Increased. Laurens Commissioners' Election, etc. Lowndes Seed-Cotton Regulations. Monroe Commissioners; Amending Act. Morgan Treasurer's Salary Fixed. Murray Commissioners Abolished. Murray Supervisors of Roads. etc. Muscogee Nominations by Primaries. Newton Commutation Tax. Newton Commutation Tax Collection. Newton Treasurer's Salary. Oconee Board of Commissioners Created. Polk Treasurer's Salary and Bond. Sumter Treasurer's Salary and Bond. Tattnall Commissioners and Clerk. Tattnall County Warden's Salary. Thomas Commissioner's District Added. Tift Commissioner's Office Abolished. Tift Board of Commissioners Created. Tift Treasurer, Election as to. Toombs; Boars and Bulls to be Enclosed. Twiggs Commissioners; Amending Act.

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Walker Board of Commissioners Created; Existing Board Abolished. Walton Board of Commissioners Created. Ware Treasurer's Salary Fixed. Washington County Funds, Deposit of. Wayne Depository's Bond. White Board of Commissioners Abolished. White Board of Commissioners Created. White Treasurer's Office Abolished, and County Depositories Provided. Wilcox Commissioners' Clerk's Pay. Wilkes Commissioner's Office Abolished. Wilkes oBard of Commissioners Created. BACON COUNTY ROAD TAX. No. 165. An Act to authorize the ordinary of Bacon County, Georgia, to collect special tax from all persons residing in said county subject to road duty under the general law of said State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. That from and after the passage of this Act, that all male persons residing in Bacon County, and who are subject to the road duty under the general law of the State of Georgia, be and are hereby required to pay the sum of one ($1.00) dollar each, at such time and periods as may be prescribed and stated by the ordinary of said county, which payments may be quarterly, and said road tax shall in no event exceed the sum of two ($2.00) dollars per annum. Payment required. SEC. 2. Be it further enacted by the authority aforesaid, That upon the refusal and failure of any person subject to road duty under the general laws of said State, who shall fail to pay said tax, they shall be tried for defaulting in the payment of said tax in the manner and way prescribed by the general State law for defaulters, and shall be fined and punished in accordance with the laws now in force under the general State law of said State. Defaulters. SEC. 3. Be it further enacted by the authority aforesaid, That the ordinary of said County of Bacon shall collect the tax above mentioned and referred to in the preceding section under such rules and regulations as he may prescribe,

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not inconsistent with the State laws, and in accordance with same. Collection. SEC. 4. Be it further enacted, That all money under the provisions of this Act collected by said ordinary shall be expended by him upon the public roads of said county as in his discretion he shall deem advisable. Expenditure. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 18, 1917. BAKER COMMISSIONER ACT REPEALED. No. 67. An Act to repeal 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, approved July 29th, 1915. SECTION 1. 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 September, 1917, an Act entitled an Act to create a board of commissioner of roads and revenues for the county of Baker, approved July 29th, 1915, be and the same is hereby repealed. Act of 1915 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 8, 1917. BAKER BOARD OF COMMISSIONERS CREATED. No. 68. An Act to create a board of commissioners of roads and revenues for Baker County; to define their powers

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and duties and prescribe their qualifications; to provide for their selection, the term for which they shall be selected and for other purposes pertaining to county matters. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be established and created in Baker County a board of commissioners of roads and revenues, to consist of three members. Two of said members shall constitute a quorum and be capable and duly authorized to transact all business appertaining to their offices. Board created. Quorum. SEC. 2. Be it further enacted by the authority aforesaid, That H. A. Ledbetter, C. H. Cross, and Will Smith be and they are hereby appointed members of said board of commissioners of roads and revenues, their terms of office to begin on passage of this Act for the term of three (3) years. Members appointed. SEC. 3. Be it further enacted by the authority aforesaid, That at the September term, 1920, of Baker superior court the grand jury serving at said term of court shall elect three commissioners of roads and revenues for a term of three years. Election of members. SEC. 4. Be it further enacted by the authority aforesaid, That in the event of death, resignation or disability of either of the said commissioners or persons who may be elected, said vacancy or vacancies shall be filled by appointment of the judge of the superior court until the next term of the superior court to be holden in and for said county and until their successor or successors are elected and qualified. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall meet at the court-house in said county on the first Tuesday in each month, and on such other days as it may determine. Meetings. SEC. 6. Be it further enacted by the authority aforesaid,

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That at the first meeting of said board of commissioners of roads and revenues they shall elect one of their number as chairman of said board, whose duty it shall be to preside at all meetings of said board and to call all special meetings of said board. Chairman. SEC. 7. Be it further enacted by the authority aforesaid, That each member of said board shall receive a salary of ($60.00) sixty dollars per annum, to be paid monthly out of the treasury of said county, upon warrants regularly drawn by said board of commissioners. Salary. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of the superior court of said county shall be ex-officio clerk of the board of commissioners of roads and revenues, at a salary of sixty dollars per annum, to be paid monthly out of the treasury of said county upon warrant drawn by said commissioners upon the treasurer of said county. It shall be the duty of said clerk to attend all meetings of the board of commissioners of roads and revenues of said county and to enter into a well-bound book an accurate and complete minute of all the official acts and doings of said commissioners and to keep a record of all warrants drawn upon the treasurer of said county by said commissioners, the person to whom paid, for what purpose paid, and on what fund the said warrant is drawn. It shall also be the duty of the clerk of said board to keep and file away all papers pertaining to the office of said board, which shall be kept at the court-house and to be open and subject to the inspection of any citizen or citizens of the county at any and all times, and to submit all books, minutes and vouchers and all papers and records so kept by him as such clerk to the grand jury of said county when called upon by that body to do so. Clerk. Duties. SEC. 9. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the said members of the board of commissioners of roads and revenues shall give bond in the sum of one thousand dollars each with good and sufficient security, to be approved by and payable to the ordinary of said county and his successors

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in office, and conditioned for the faithful performance of the duties required as members of said board of commissioners of roads and revenues, which said bonds shall be filed in the office of the ordinary of said county and recorded in the bond book in said ordinary's office. Said commissioners shall each at the time of executing said bonds before said ordinary take and subscribe to the following oath, to-wit: I,....., do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues of said county, and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county, so help me God, which oath shall be placed upon the minutes of the ordinary's court and the original filed in his office. Bond. Oath. SEC. 10. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall have exclusive and original jurisdiction over the following subject matters, to-wit: 1st. In directing and controlling all the property of the county as they may deem expedient according to law. 2nd. In levying a general tax for general and a specific tax for particular county purposes, according to the provisions of the Code. 3rd. In establishing, altering or abolishing all roads, ferries and bridges, in conformity to law. 4th. In establishing and changing election precincts and militia districts. 5th. In supplying, by appointment, all vacancies in county offices, and ordering elections to fill such vacancies. 6th. In examining and auditing all the accounts and legal claims against said county. 7th. 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. 8th. In regulating and managing the paupers and disbursement of the pauper fund. 9th. In regulating peddling in the county and fixing the cost of license, if any be granted. 10th. That said commissioners 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

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homestead applications, and except as a court of probate, or court of ordinary. 11th. To have control over the chain-gangs of said county. Jurisdiction. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. BANKS BRIDGE WORK BY CONVICT LABOR. No. 239. An Act to authorize the county authorities of Banks County to construct bridges, abutments and piers for any and all bridges on the public highways of said county by convict labor, to be performed by the county chaingang, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act the local county authorities of the County of Banks are hereby authorized to work the convicts of said county upon any bridge, abutment and piers for such bridges in said county. Convicts for bridge work. SEC. 2. Be it further enacted by the authority aforesaid, That said county authorities shall have power and authority to construct bridges of any and all price and character by said convict labor, provided, that no chained convict shall be compelled to work or go upon any high or dangerous work, without the consent of such convict. Bridges. Chained convict. SEC. 3. Be it further enacted by the authority aforesaid, That said county authorities shall have power and authority to contract for any part of the construction of any bridge, abutment or pier, to furnish said convict labor for such part thereof as in the discretion of the said county authorities may be to the best interest of the said county. Contracts. SEC. 4. Be it further enacted by the authority aforesaid,

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That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. BANKS BRIDGE WORK BY CONVICT LABOR. * * This (Senate Bill No. 166) is identical with the Act next preceding (House Bill No. 553). No. 234. An Act to authorize the county authorities of Banks County to construct bridges, abutments, and piers for any and all bridges on the public highways of said county by convict labor, to be performed by the county chaingang, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same. That from and after the passage of this Act the local county authorities of the County of Banks are hereby authorized to work the convicts of said county upon any bridge, abutment, and piers for such bridges in said county. Convicts for bridge work. SEC. 2. Be it further enacted by the authority aforesaid, That said county authorities shall have power and authority to construct bridges of any and all price and character by the said convict labor, provided, that no chained convict shall be compelled to work or go upon any high or dangerous work, without the consent of such convict. Bridges. Chained convict. SEC. 3. Be it further enacted by the authority aforesaid, That said county authorities shall have power and authority to contract for any part of the construction of any bridge, abutment, or pier, to furnish said convict labor for such part thereof as in the discretion of the said county authorities may be to the best interest of the said county. Contracts. SEC. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1917.

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BANKS COMMUTATION ROAD TAX. No. 121. An Act by the House of Representatives, the Senate concurring, of the State of Georgia. SECTION 1. That on and after the passage of this Act, that the commutation assessment fixed by the county commissioners or ordinary as the case may be of Banks County shall be at the rate of one dollar ($1.00) per day for those subject to road duty who select to work out their time on the public roads of said County of Banks. Provided, further, that the commutation tax shall not exceed the sum of five ($5.00) dollars per annum, and the county authorities shall have authority to demand the payment of the said sum or the labor in lieu thereof to be divided into two periods, one half to be collected in the first half of each year and the remainder in the last half of the year. Rate of tax fixed and limited. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. BROOKS COMMISSIONERS' CLERK'S PAY. No. 100. An Act to change the compensation of the clerk of the county commissioners of Brooks County so as to provide that his compensation shall not exceed $600.00 per annum. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 6 of an Act approved August 11, 1881, creating a board of county commissioners for Brooks County, be amended by striking from said section the following words: In a sum not exceeding one hundred dollars per annum, and inserting in lieu thereof, In a sum

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not exceeding six hundred dollars per annum, so that said section when amended shall be as follows: That said board shall appoint some suitable person as clerk whose term of office shall be four years, unless sooner removed by said board for neglect of duty or malpractice in office, whose compensation shall be fixed by said board in a sum not exceeding six hundred dollars per annum, to be paid out of the county funds as other claims. Act of 1881 amended. Read. Clerk's compensation. 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, 1917. BRYAN SUPERVISOR OF ROADS ABOLISHED. No. 156. An Act to repeal an Act entitled An Act to create the office of supervisor of roads and revenues for the County of Bryan; to prescribe his powers and duties; to fix his salary and to regulate the working of the chaingang, and for other purposes, so that the office of supervisor of roads and revenues for Bryan County, Georgia, will be abolished and the powers and duties incident to said office will be repealed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly, approved August 4th, 1916, entitled An Act to create the office of supervisor of roads and revenues of the County of Bryan; to prescribe his powers and duties; to fix his salary and to regulate the working of the chain-gang and for other purposes, be and the same is hereby repealed. Provided, this Act shall not become effective until the first day of January, 1918. Act of 1916 repealed. SEC. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 18, 1917. BULLOCH COMMISSIONERS' COMPENSATION. No. 54. An Act to amend An Act creating the board of county commissioners for the County of Bulloch, approved August 18th, 1903, Acts of 1903, page 322, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 8 of the Acts of 1903, page 324, be and the same is hereby amended by striking from the fourth line of section 8 of said Act the figures $75.00 and inserting in lieu thereof the figures $150.00, so that said Act, when amended, shall read as follows: Act of 1903 amended. Read. SECTION 8. Be it further enacted that the members of said board shall receive the sum of three dollars per day each for the number of days actually served by each on said board; provided, that no member shall receive more than $150.00 per annum for his services. Pay 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 repeealed. Approved August 8, 1917. BUTTS BOARD OF COMMISSIONERS CREATED. No. 80. An Act to create a board of commissioners of roads and revenues for the County of Butts, said State; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors;

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to lay off said county in road districts and provide for representation on said board of each district; to fix the terms of office of said commissioners; to provide for their compensation, to provide for their clerical and transportation expenses; to provide for filling vacancies in said board until their first regular election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of commissioners of roads and revenues for the County of Butts, said State, is hereby created; said board to take office on the first Monday in January, 1918. Said commissioners shall have been residents of said County of Butts for two years immediately preceding their qualification and shall be qualified voters of said county. Said board shall consist of three members, one for each of the road districts of said county as hereinafter laid off. Provided, that this Act be ratified by a majority of the qualified electors of said County of Butts who shall vote in an election to be held in and for said county on the 12th day of September, 1817, under the same rules and regulations governing the elections for county officers; said election to be called by the ordinary of said county, and at least three weeks' notice to be given of said election in the official organ of said county. The electors favoring the adoption and ratification of this Act shall have printed on their ballots: For ratification of the Act creating a board of commissioners of roads and revenues for the County of Butts, and naming therein W. W. Wilson, J. S. Carter, and H. L. Gray. Those opposing: Against ratification of the Act creating a board of commissioners of roads and revenues for the County of Butts and naming therein W. W. Wilson, J. S. Carter, and H. L. Gray, and if a majority of votes cast in said election is for ratification, the Act shall become operative as provided in the Act, otherwise of no effect. Returns thereof shall be made to the ordinary and he shall declare the results. Board created. Eligibility. Three members. This Act referred to popular vote. SEC. 2. Be it further enacted by the authority aforesaid,

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That for the purpose of this Act, said County of Butts shall be divided into three road districts, as follows: Jackson and Dublin districts shall constitute one road district under this Act and shall be known as road district number one of Butts County. Indian Springs, Coody and Towaliga districts shall constitute one road district under this Act and shall be known as road district number two of Butts County, and Worthville, Buttville and Iron. Springs districts shall constitute one road district under this Act and shall be known as road district number three of Butts County. Upon the creation of a new militia district in said County of Butts, said commissioners shall have authority to annex said new militia district to one of said road districts named in this Act. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That the following named persons, residents of Butts County, are hereby appointed, constituted and made commissioners of roads and revenues for said County of Butts under this Act, as follows: For the first road district, W. W. Wilson: for the second road district, J. S. Carter, and for the third road district, H. L. [Illegible Text] and they shall hold office until January 1st, 1921, and until their successors are elected and qualified as hereinafter provided. Board members. appointed. SEC. 4. Be it further enacted by the authority aforesaid, That the terms of office of said commissioners of roads and revenues shall expire on the 1st day of January, 1921, and their successors shall be elected in the general election for State and county officers to be held in and for said county, in the year 1920. The commissioners of roads and revenues so selected in the general election for State and county officers of 1920 shall qualify and assume the duties of office on the first day of January following. They shall each hold office for four years and until their successors are elected and qualified. The term of office for said commissioners of roads and revenues for said County of Butts is herein fixed at four years, and said commissioners shall be elected in the general State and county election every four years, and all persons qualified to vote therein for members of

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the General Assembly shall be qualified electors at such election. Terms of office. SEC. 5. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one person who resides in each of the three road districts created by this Act shall be elected. Such commissioners shall be otherwise qualified as required by the terms of this Act, and shall be elected by the qualified voters of the entire county and not by the voters of the respective districts created by this Act. Election of commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That W. W. Wilson, the commissioner appointed and named in section 3 of this Act for the first road district of Butts County, shall be and is hereby appointed, constituted and made chairman of said board. It shall be the duty of the chairman to preside at all meetings of the board, sign all warrants on the county treasury and all orders of the commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. It shall be his duty to personally inspect the roads, bridges, and supervise the working and construction of same in so far as practicable, and to generally have charge and management of the affairs of the county in so far as he is authorized by the terms of this Act and general laws of the State to exercise, control and management of such affairs. The chairman shall receive a salary of $50.00 per month, payable monthly, and shall be required to execute a good and solvent bond in the sum of five thousand ($5,000.00) dollars, payable to and to be approved by the ordinary of Butts County. In the absence or disqualification of the chairman, the board may elect a vice-chairman to act in his stead. Chairman of the board. Duty. Salary. SEC. 7. Be it further enacted by the authority aforesaid, That the chairman of said board of commissioners named in section 6 of this Act shall convene the other commissioners named in section 3 of this Act at the court-house in the said county on the first Monday in January, 1918, and each of said commissioners and said chairman after

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having taken the oath before the ordinary of said county required of all county officers shall organize said board and receive from the ordinary of said county all funds and other county property, and shall have and exercise control and management of the same as herein provided. It shall be the duty of said board of commissioners to provide a new set of books and records to be kept by the clerk of said board, under the direction of said board. Meeting and organization. SEC. 8. Be it further enacted by the authority aforesaid, That on and after the first day of January, 1921, the duly elected and qualified commissioners of roads and revenues for the County of Butts shall, at their first meeting or as soon thereafter as possible, elect one of their number as chairman who shall have the powers, execute the bond and receive the salary herein for the chairman of said board. Election of chairman. SEC. 9. Be it further enacted by the authority aforesaid, That the members of said board of commissioners hereby created (other than the chairman), and their successors in office, shall receive as compensation the sum of three ($3.00) dollars per day for each day of actual service; provided, however, that no commissioner shall be paid more than two hundred ($200.00) dollars for his entire services during any one year of his term. The salary of the chairman and the per diem of the other members of the board of commissioners shall be paid out of the county treasury of said county. Pay of board members. SEC. 10. Be it further enacted by the authority aforesaid, That said board of commissioners at their first meeting, or as soon thereafter as possible, shall elect a clerk, whose duty it shall be to keep in a well-bound book a record of all the acts and doings of said board of commissioners, a minute of each and every meeting of said board, a record of the warrants issued and vouchers held for said warrants, and a record of all bills presented, whether approved or disapproved. Said book shall be open to the inspection by any person interested at any time, except such time as would interfere with the proceedings of the board

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at a regular meeting thereof. Said clerk shall perform all other duties prescribed for him by said board; shall hold office at the will of said board and shall be paid such reasonable compensation, not to exceed forty ($40.00) dollars per month, as said board may fix. He shall, before entering upon the discharge of his duties, give bond in the sum of one thousand ($1,000.00) dollars, payable to the board of commissioners of roads and revenues for the County of Butts, and subscribe to the oath provided for county officers. Clerk Duties. Compensation. SEC. 11. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive control over all the following matters, to wit: In directing and controlling all the property of said county, in levying taxes according to law; in establishing, changing, and abolishing roads; in establishing, changing and abolishing election precincts and militia districts; in settling all claims for and against the County of Butts, either officers' or otherwise; in providing for the poor of the county; in providing for the health of the county as provided by law; in the establishment and maintenance of the chain-gang of said county and working the same upon the public roads of said county, or otherwise, as may be provided for by law; in electing and appointing all officers of said county whose election or appointment is not otherwise provided for, such as superintendent or warden of the convicts, guards, janitors, etc., superintendent of pauper farm, county physician, health officer and district road overseers. They shall have the right to make all such needful rules and regulations as they may deem best for the interest of the county, governing all minor officers appointed by them, not inconsistent with law, and to fix reasonable compensation for said officers where the same is not fixed by law; to fix and provide for the collection of a commutation road tax not to exceed $4.00 per annum and to prescribe the number of days to be worked in lieu thereof, not to exceed 10 days in any one year; to try road defaulters as is provided by law, and, generally, to have

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original and exclusive jurisdiction over the subject matters mentioned and embraced in section 4808 of the Code of 1910, Vol. 1, 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. In the trial of defaulters by the board, said defaulters shall be summoned for trial by such officer as the board of commissioners shall appoint, either the sheriff, his lawful deputy, or any constable of the county, or the road overseer of the district of the residence of said defaulter. Said board shall have no authority to buy real estate for, or sell any real estate belonging to said County of Butts, without a recommendation of a grand jury or said county so authorizing. Said board shall have power to and shall cause an annual audit to be made of the books and records of the county officers; said audit to be made by a certified public accountant. Jurisdiction of the board. SEC. 12. Be it further enacted by authority aforesaid, That the said board of commissioners shall hold regular monthly meetings at the court-house in said County of Butts on the first Tuesday of each month, and may adjourn from day to day and may hold special sessions whenever necessary, and at such meetings they shall sit as a court for county purposes and for exercise of such other powers as the law confers upon them. A majority of said board shall constitute a quorum for the transaction of business at any meeting. Meetings. Quorum. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of commissioners to submit a report to the grand jury at each term of the Superior Court of Butts County, which report shall give a detailed account of all their acts and doings as such commissioners, and shall include an itemized statement of all moneys received and paid out by the board for all purposes, the number of persons subject to road duty and the amount of commutation tax collected, and also a statement of all uncollected taxes due the county. They shall likewise present all vouchers for money paid out by the board and exhibit all records kept by the board, or its clerk, to

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the inspection of the grand jury, if required to do so by the grand jury. Said commissioners shall cause to be published at least quarterly in a newspaper of Butts County an itemized statement of their receipts and disbursements. Reports to grand jury. Publication 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 any one related to any member of said board within the fourth degree by blood or marriage, 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 to the best bidder; such fact shall be duly entered upon the minutes in case any such contract is made with any member of the board, or any one so related to any member thereof. Letting of contracts. SEC. 15. Be it further enacted by authority aforesaid, That each member of said board, except the chairman, shall in addition to taking the oath heretofore prescribed for the chairman give a good and sufficient bond in the sum of one thousand ($1,000.00) dollars payable to the ordinary and to be by him approved. The said board of commissioners, including the chairman thereof, shall be duly commissoned by the Governor of this State. Bond. SEC. 16. Be it further enacted by authority aforesaid, That in case of vacancy in said board by death, resignation or otherwise, the remaining members of said board, with the ordinary of the county, shall have the right to fill said vacancy until the next regular election, when a successor to the person appointed shall be elected for the unexpired term. Vacancies. SEC. 17. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1917.

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BUTTS COMMISSIONER'S OFFICE ABOLISHED. No. 79. An Act to repeal an Act entitled An Act to create the office of commissioner of road and revenues for the County of Butts; to provide for an election to fill said office; to prescribe qualifications, duties and powers of such officer, fix his salary, and for other purposes, approved August 9th, 1910; to provide for the disposition of the books, papers, and records of said office, 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 Monday in January, 1918, an Act entitled An Act to create the office of commissioner of roads and revenues for the County of Butts; to provide for an election to fill said office; to prescribe the qualifications, duties and powers of such officer; to fix his salary and for other purposes, approved August 9th, 1910, be and the same is hereby repealed and the office created by said Act abolished on and after the first Monday in January, 1918. Act of 1910 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That on the first Monday in January, 1918, the commissioner of roads and revenues for said County of Butts shall deliver to the ordinary of said County of Butts all books, papers, records, vouchers, minutes, and all other writings or memoranda connected with the office of commissioner of roads and revenues for said county and also all county property theretofore in custody, power and control and jurisdiction of said commissioners of roads and revenues, and it shall be the duty of the ordinary to deliver over all county property, including all county funds so received by him to said commissioners of roads and revenues as shall be duly created and qualified to receive the same. The ordinary of Butts County, with the advice, consent, and in connection with the board of commissioners of roads and revenues to be hereafter created, shall cause

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an audit to be made of all the acts and doings of the commissioners of roads and revenues for the County of Butts, since the creation of such office, which audit shall be made by a registered, certified accountant, and, when made, filed in the office of the ordinary and duly entered of record by such ordinary. Delivery to ordinary. Audit. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and are hereby repealed. SEC. 4. Provided, however, That this Act shall go into effect only upon the ratification by a majority of the voters of said county voting in said election of an Act passed at the 1917 session of the General Assembly of Georgia, providing for the creation of a board of three commissioners for said county, and naming said three commissioners therein, which is to be voted upon at a special election for that purpose on the 12th day of September, 1917. Should a majority of the voters voting in said election vote to ratify said Act and create said board of three commissioners then this Act to go into effect and operation; but should a majority of voters voting in said election fail to vote for the ratification of said Act, and the creation of a board of three commissioners for said county, then this Act is void and of no effect. Effective on ratification of preceding Act. Approved August 13, 1917. CALHOUN COMMISSIONERS; HOW ELECTED. No. 51. An Act to amend an Act to increase the number of commissioners of roads and revenues of the County of Calhoun from three to five; to provide that they shall be elected by popular vote; to provide that one of said commissioners shall be elected from each of the five militia districts of said county, and for other purposes, approved August 10th, 1908, so as to provide that the commissioner from his respective militia district

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shall be elected by a majority of the votes cast in said district which he is to represent, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act approved August 10th, 1908, increasing the number of commissioners of roads and revenues of Calhoun County from three to five, and for other purposes, be amended, as follows: By inserting in the fifteenth line of section 1 of said Act just after the words (Arlington) district the following: Provided, however, that said commissioner shall be elected by a majority vote of the qualified voters of the district in which he resides, and the person receiving the highest number of votes cast in said election from his said militia district shall be declared to be elected the commissioner from said district, so that said section 1 of said Act shall read as follows: Act of 1908 amended. SECTION 1. 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 January 1st, 1909, the board of commissioners of roads and revenues of Calhoun County shall consist of five persons instead of three. Said commissioners shall be elected at the next general election for county officers for Calhoun County, to be held on the first Wednesday in October, 1908, and one of said commissioners shall be elected from each of the five militia districts of said county, i. e., one of said commissioners shall be elected from the 1123 (Morgan) district, one from the 1316 (Edison) district, one from the 1304 (Cordrays) district, one from the 626 (Leary) district, and one from the 574 (Arlington) district; provided, however, that said commissioners shall be elected by a majority vote of the qualified voters of the district in which he resides, and the person receiving the highest number of votes cast in said election from his said militia district shall be declared to be elected commissioner from said district. Said commissioners of roads and revenues after being so elected, and shall have qualified as hereinafter provided, shall hold

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their offices for two years from January 1st, 1909, and until their successors are elected and qualified, and their successors shall in like manner hold office for two years, and be elected at a general election of county officers every two years. Read. Election of commissioners. Approved August 8, 1917. CANDLER COMMISSIONERS; SECTION REPEALED. No. 102. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for Candler County, approved August 12, 1915, repealing section 17. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that section 17 of said Act of 1915 be and the same is hereby repealed. Act of 1913 sec. 17, repealed. 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 14, 1917. CARROLL COMMISSIONER'S CLERK'S PAY. No. 33. An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Carroll, approved August 17, 1908, and amended August 10, 1910, so as to provide the manner of fixing the salary of the clerk of said commissioner, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the word five in the seventh

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line of the amended Act of August 10, 1910, amending the Act creating the office of commissioner of roads and revenues for the County of Carroll, be stricken therefrom and the word six inserted in lieu thereof, so that said section when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That said commissioner shall reserve for his services as such a salary of twelve hundred dollars per annum, to be paid monthly out of the treasury of said county. He shall also be authorized to employ a clerk at a salary of not exceeding six hundred dollars per annum to be paid monthly out of said treasury. Said commissioner shall receive no fees. Act of 1910 amended. Read. Salary of clerk. 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, 1917. CATOOSA COMMISSIONERS' CLERK'S PAY. No. 37. An Act to amend an Act entitled an Act to provide compensation for the members of the board of commissioners of roads and revenues for Catoosa County, and for other purposes, which is found on page 358 of Georgia Laws 1893. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That said Act be amended as follows: By striking all of section 3 of said Act and inserting in lieu thereof the following: The clerk of said board of commissioners of roads and revenues shall receive such compensation as the grand jury may recommend from time to time. Act of 1893 amended. Clerk's pay. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1917.

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CHARLTON COUNTY FISHING REGULATIONS. No. 129. An Act to prohibit the removal of fish by transportation, shipping or otherwise, from any of the streams, lakes, ponds, or any other body or bodies or water containing fish within the boundaries of Charlton County, Georgia; to provide punishment for violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any non-resident or non-residents to fish in the streams, lakes, ponds, or any other place containing fish, for the purpose of transporting, shipping, or otherwise conveying said fish out of the boundaries of Charlton County. Non-residents may not fish for transporting. SEC. 2. Be it enacted by the authority aforesaid, That any person or persons desiring to fish in the waters of said Charlton County shall each provide themselves with a license to be obtained from the county game and fish warden of said county, for the purpose of fishing in said waters. License required. SEC. 3. Be it further enacted, That each and every person or persons shall pay the said warden the sum of five dollars ($5.00) to obtain a license, which shall be good for one fish season, not to exceed over twelve months. Said non-resident or non-residents shall not ship, convey, or transport, without the boundaries of said county, more than twenty-five pounds of fish for any party as a whole, this does not mean any individual, at any one time during the continuance of said license. Fee. Limit of quantity transported. SEC. 4. Be it further enacted, That the county warden shall have the right to revoke any such license should he be thoroughly convinced that the privileges allowed by the said license are being abused. Revocation of license. SEC. 5. Be it further enacted, That the county game

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and fish warden shall receive, for issuing the license, the sum of twenty-five cents (25c) for each license issued by him, and the remaining $4.75 shall be paid into the general funds of the treasury of said Charlton County. Warden's fee. SEC. 6. Be it further enacted, That the said Charlton County shall have printed and furnish the county fish and game warden with suitable license blanks to be filled out and issued to non-residents for fishing privileges, and same to be paid for out of the general funds of said treasury of Charlton County. License blanks. SEC. 7. Be it further enacted, That for any violation of the above Act any person or persons be punished as for a misdemeanor. Penalty. SEC. 8. Be it further provided, That no person or persons shall have the right to catch fish and allow them to waste or spoil, merely for the sport of catching same, and shall be punished as for a misdemeanor if found guilty of same. Waste penalized. SEC. 9. Be it further enacted, That all laws or parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 17, 1917. CHATTOOGA TREASURER'S SALARY FIXED. No. 19. An Act to pay county treasurer of the County of Chattooga a salary of five hundred dollars per annum in lieu of all commissions or fees for his services as such county treasurer. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That on and after January 1st, 1918, the compensation of the county treasurer of the County of Chattooga shall be an annual salary in the sum of five hundred dollars per annum, paid out of the general tax fund of said county,

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quarterly, and said salary shall be paid in lieu of any and all commissions or fees due him under the present law for such services as county treasurer after said date; provided, however, that nothing contained in this Act shall deprive the present treasurer of Chattooga County from receiving full commissions as now allowed by law for the year 1917. Salary instead of fees. Except for 1917. SEC. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 4, 1917. COFFEE BOARD OF COMMISSIONERS ABOLISHED. No. 7. An Act to repeal an Act creating a board of commissioners of roads and revenues in and for the County of Coffee; to provide for the election of the members thereof by the qualified voters of the county and to provide for a commissioner from each militia district; to provide for a chairman and clerk; to provide for their compensation, define their powers and duties, and for other purposes, approved August 20, 1913, Acts 1913, page 364. SECTION 1. 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 in and for Coffee County, Georgia; to provide for the election of the members thereof by the qualified voters of the county and to provide for a commissioner for each district; to provide for a chairman and clerk, to provide for their compensation, define their powers and duties, and for other purposes, approved August 20, 1913, Acts 1913, page 364-71, be and the same is hereby repealed. Act of 1913 repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not become operative until the 6th day

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of August, in the year one thousand nine hundred and seventeen. 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 31, 1917. COFFEE BOARD OF COMMISSIONERS CREATED. No. 9. An Act to create a board of commissioners of roads and revenues for the County of Coffee; to provide for the appointment and election of members thereof; to define their duties and powers and prescribe their qualifications, 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 Coffee is hereby created. Said commissioners shall be qualified voters of said county and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Board created. Who eligible. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act said County of Coffee shall be divided into five road districts to be constituted as follows: Road district number one shall comprise and constitute the 748th militia district, road district number two shall comprise and constitute 1353rd militia district and the 1170th militia district, road district number three shall comprise and contstitute the 1713th militia district and the 1130th militia district, road district number four shall comprise and constitute the 1127th militia district and the 437th militia district, road district number five shall comprise and constitute the 1026th militia district and the 1556th militia district. Road districts.

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SEC. 3. Be it further enacted by the authority aforesaid, That the following named persons are hereby appointed, constituted and made commissioners of roads and revenues for the said county under this Act, to-wit: Commissioners appointed. S. J. Stubbs, for district number one. B. H. Tanner, for district number two. Don Metts, for district number three. F. M. Merrett, for district number four. J. B. Harper, for district number five. That the terms of office of the above named commissioners shall begin on the first Monday in August, 1917, and continue until the first Monday in January, 1919, or until their successors are elected and qualified. Terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That B. H. Tanner is hereby appointed, constituted and made chairman of the commissioners of roads and revenues of said county, and he shall hold the chairmanship of said commissioners until after the first Monday in January, 1919, or until his successor is elected and qualified, and shall have and exercise all authorities and powers conferred by this Act upon the chairman of said commissioners. Chairman designated. SEC. 5. Be it further enacted by the authority aforesaid, That at the regular election for the State House officers to be held in the year 1918, said board of commissioners of roads and revenues shall be elected for a term of two years, whose terms of office shall begin on the first Monday in January, 1919, and who shall serve for a term of two years, and until their successors are elected and qualified. Said commissioners of roads and revenues shall be elected in the following manner: One commissioner shall be elected by the voters of said county from each of the said road districts, and the candidate in said election receiving the greatest number of votes of all the candidates for commissioners shall be chairman of said board of commissioners. Election of commissioners. SEC. 6. Be it further enacted by the authority aforesaid,

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That all persons eligible to hold other county offices shall be eligible to hold the office of commissioner of roads and revenues of said county. Eligibility. SEC. 7. 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 shall notify the ordinary of said county of such vacancy in writing, and said ordinary is hereby authorized and empowered to call an election to fill the vacancy in the same manner as is provided for elections to fill vacancies in the county offices. The ordinary shall report such elections to the Governor who shall issue a commission to the successful candidate for the unexpired term. Vacancy in office. SEC. 8. Be it further enacted by the authority aforesaid, That the board of commissioners as herein provided shall be commissioned by the Governor for the term of office of which they are elected or appointed, and, before entering upon the discharge of their duties, shall subscribe to the oath before the ordinary of said county required by law for the other county officers, and shall give good and solvent bond to be approved by the ordinary of said county, payable to the Governor of the State and his successors in office, in the sum of $3,000.00 each, conditioned for the faithful performance of their duties as such commissioners, which bond, when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Commission by Governor. Oath and bond. SEC. 9. Be it further enacted by the authority aforesaid, That the chairman of the board of commissioners of roads and revenues as provided for in this Act shall preside at all meetings, sign the minutes of all proceedings, sign his name as chairman to all orders, warrants, summonses, subp[oelig]nas, or other processes issued by said board or by authority of said board. Chairman's duties. SEC. 10. Be it further enacted by the authority aforesaid, That the board of commissioners shall at their first meeting in August elect one of their body as vice-chairman

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who shall in the absence of the chairman preside over the meetings of the said board, and discharge all other duties required of the chairman; provided, however, the said vice-chairman shall have no authority to countersign vouchers nor make any contract binding the county, which by the provisions of this Act are required to be made by said chairman. Vice-chairman. Authority. SEC. 11. 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 $300.00 per year. Said clerk shall give a good and solvent bond in the sum of $2,000.00, payable to the ordinary of Coffee County and to be approved by the ordinary of said county. Said bond shall be conditioned for the faithful performance of the duties of said clerk to the board of commissioners of roads and revenues in and for the County of Coffee. Said board of commissioners shall have power to remove clerk at pleasure by a majority vote of said board. It shall be the duty of said clerk to attend all meetings of said board of commissioners of roads and revenues and keep a full record of all its proceedings and to keep on file and preserve all papers relating to its business, to keep in a special book a statement of all taxes levied, and for what purposes, minutely specified and designated; also an inventory of all county property, including all road machinery, live stock, chain-gang outfit, and road-working tools; to keep in his 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 superintendent, overseers, and guards necessary for the operation of the chain-gang of said county. He shall also keep a separate book in which shall be kept an account of the commutation tax collected by the commissioners of 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 the payment of said account. He shall also keep a book to be known as his Record of County Vouchers, in which shall be kept a complete record of warrants or vouchers

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drawn on the funds of said county, which record shall show by proper entry the fund from which same is payable, the person to whom payable, the date of record and the amount of said voucher or warrant. It shall be his duty to sign all warrants and vouchers as clerk, but he shall in no instance issue any warrant or voucher until same shall have been countersigned by the chairman of the board of commissioners. All records provided for in this section shall be kept in the commissioners' office in the court-house of said county and shall be subject to inspection by any taxpayer of Coffee County. The clerk of the Superior Court of Coffee County or the clerk of the City Court of Douglas, if there be such court, may be selected by said board of commissioners to act as clerk of the board of commissioners of roads and revenues. Clerk's bond, duties, and pay. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall hold a regular court for the transaction of 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, and may hold special sessions at any time the business of the county shall demand. A majority of the board of commissioners, including the chairman of said board, or excluding the chairman, four of the members of said board shall constitute a quorum and it shall require a majority of said commissioners, including the chairman, to pass any order to transact business; provided, however, that the concurrence of any four members of said board shall be controlling to pass any order to transact any business within the jurisdiction of said board of commissioners, and all business attempted to be transacted contrary to the regulations here set forth shall be null and void. The chairman or vice-chairman, in the absence of the chairman, shall at any meeting of the commissioners be authorized to administer oaths, and said board may hear testimony as to matters to which said board has jurisdiction, and, when sitting as a court, shall have power to punish for contempt

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under the same rules and regulations as are provided by law for other courts. Court for county matters. Quorum. Evidence. Contempts. SEC. 13. Be it further enacted by the authority aforesaid, That the said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In controlling and directing all property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing or abolishing roads and bridges according to law; in establishing or abolishing or changing election precincts or militia districts; in supervising the tax-collector's and tax-receiver's books; in allowing the insolvent list of said county; in settling claims and accounts of officers having the care and management or disbursement of funds belonging to or appropriated for the use and benefit of said county and bring them to settlement; in providing for the paupers of the county, and for the promotion of health as granted by law and not inconsistent with law; in examining the tax digest of said county for the correction of errors; in regulating and fixing license fees as may be provided by law; in establishing and maintaining the county chain-gang; in working said gang on the public roads of said county as provided by law; in electing or appointing all minor officers and employees of said county whose election is not otherwise provided by law, such as superintendent or warden, guards of convicts and chain-gang, janitor of court-house and jail, and superintendent of the county funds. In making such rules and regulations as they deem best for the interest of the county, governing all minor officers and employees appointed by them, and fixing reasonable compensation for them as said board of commissioners may deem best for the interest of the county and providing for the collection of the commutation road tax, fixing the amount to be paid in number of days' work on the roads of 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, and to exercise such other powers as are granted by law or as may be indispensable

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to their jurisdiction over county matters or county finances; provided, that said board of commissioners shall have no power or authority to erect any public building costing more than $5,000.00 without the recommendation being made for such building by two preceding grand juries of said county, and said recommendation being ratified by a majority of the voters of said county at an election held for such purposes; provided, further, that said board of commissioners shall have no authority to expend more than $15,000.00 per year, inclusive with the commutation road tax, which shall not exceed $2.00 per capita per year for the maintenance of the chain-gang of said county. Jurisdiction of the board. SEC. 14. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the authority to use all the convict labor on the public roads of the county, distributing such labor as equitably and justly as possible, and said board of commissioners may in their discretion cease to operate the chain-gang in the working of said road and return to the State such convicts as may be in the possession of said chain-gang. Convict labor on roads. SEC. 15. Be it further enacted by the authority aforesaid, That the board of commissioners shall prepare and submit to the grand jury at each spring term of the superior court of said county a full and complete statement of the finances of the county, which statement shall be sworn to and subscribed by the chairman of said board; said statement and report to the grand jury shall show an account of all receipts and disbursements, the source from whence received and the purpose for which expended; said statement shall also show the number of persons who have paid the commutation tax and the amount thereof and the number of persons subject to road duty who have neither worked their time on the public road nor paid their commutation tax. Said board of commissioners shall publish in some newspaper having a general circulation in said county the statement so prepared and submitted to the grand jury. Reports to grand jury. Publication SEC. 16. Be it further enacted by the authority aforesaid,

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That each of said commissioners, except the chairman of said board, shall receive for his services the sum of $2.00 per day, for each day of actual service rendered by him, not to exceed 75 days in any calendar year. Pay for services. SEC. 17. Be it further enacted by the authority aforesaid, That the chairman of said board shall give and devote as much of his time and attention to the duties of said office as in his judgment, and in the judgment of a majority of the board, the duties of said office may require, not to exceed 200 days each calendar year, for which service he shall receive $3.00 per day. Chairman's duties and pay. SEC. 18. Be it further enacted by the authority aforesaid, That the board of commissioners shall have published in a newspaper having a general circulation in the county a monthly itemized statement of all receipts and disbursements of their office, showing the source from whence received and the purposes for which expended. Monthly statement to be published. SEC. 19. Be it further enacted by the authority aforesaid, That the said board of commissioners shall not hire or contract with any member of said board or with any one related to any member of said board nearer than the second degree, for work to be done or supplies to be furnished to said county, in amounts exceeding $25.00 except such work to be done or supplies to be furnished shall be let at public outcry or by sealed bids to the lowest and best bidder. Letting of contracts. SEC. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of commissioners to look into the conduct and management of the finances of the county during the last four years, and if said board shall find that any moneys belonging to said county have been illegally misappropriated and spent or squandered contrary to law it shall be their duty to employ competent counsel and bring proceedings to recover such moneys as have been improperly and illegally spent. Recovery of illegal expenditures. SEC. 21. Be it further enacted by the authority aforesaid, That all the books, records, documents, files and

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properties of the present board of commissioners of said county shall be by them delivered to the board created by this Act on the first Monday in August, 1917. Delivery of books, etc. SEC. 22. Be it further enacted by the authority aforesaid, That in all cases where moneys or other property belonging to said county are illegally appropriated, spent or otherwise disposed of that said commissioners shall be personally responsible for such misappropriation; provided, however, that no commissioners not voting for such illegal misappropriation shall be held responsible for such misappropriation. Personal liability. SEC. 23. Be it further enacted by the authority aforesaid, That none of said commissioners except the chairman shall receive any compensation whatever from said county for any services rendered to said county in any capacity whatever, except for attendance upon the meetings of said board of commissioners and attending to official duties in his district. Compensations limited. SEC. 24. 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, 1917. COFFEE POLITICAL EXECUTIVE COMMITTEES. No. 112. An Act to provide for the election by the qualified voters of Coffee County of the executive committee of all political parties holding primary elections in said county, and defining the powers and duties of said committee; for abolishing all present executive committees of political parties in said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the executive

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committee or committees of all political parties now organized and who nominate candidates for the various State and county offices elected by the qualified voters of Coffee County, regardless of the manner of their selection, be and the same are hereby abolished. Executive committees abolished. SEC. 2. Be it further enacted by authority aforesaid, That any political party in Coffee County who poll as many as ten per cent. of the qualified votes registered in said county and desire to nominate candidates for the various offices to be selected in Coffee County and in the State of Georgia shall be governed and controlled by an executive committee consisting of eleven (11) members,one to be selected from each of the militia districts of said county and two from the county at large, and said executive committee so elected shall control and manage and make full provisions for the holding of primaries for said party in said Coffee County and no other authority shall exercise said authority and control over said party except the executive committee herein referred to and elected as hereinafter provided. Executive committee of party, how selected. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be held on the third Saturday in October a special election in said Coffee County and in each voting precinct thereof for the purpose of electing said executive committee or committees as designated by each of the political parties in said county under the provisions herein stated. At said election all the qualified voters of said county, entitled under the registration laws of Georgia to vote, shall be entitled to vote for eleven (11) members of said executive committee. All the eleven (11) candidates for said executive committee shall be balloted for in each of the voting precincts of said county. Said special election above referred to shall be held by the officers now required by law to hold general elections in this State, and shall be held under the provisions of the general law now applicable to all general elections, with the exception there shall be provided a special ballot box for each political party who may register with the ordinary its desire to elect an executive committee for said county as hereinafter provided.

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The ordinary shall certify to the managers of said election the number and name of the political parties who have qualified for participating in said election by filing the petition as required herein and for which a separate ballot box must be provided. A separate ballot box shall be provided by the managers for each political party and the name of said party written or printed thereon and each voter shall declare at the time of tendering his ballot to the managers the party with which he desires to affiliate and his ballot shall be deposited in the ballot box held for that party. Before the ordinary shall certify to the managers of said election the name of any political party desiring to participate in said election, he shall have filed with him a petition signed by at least ten per cent. of the qualified voters of said county as shown by the last registration list, stating the desire of said petitioners to participate in said election, and the party name under which said party shall be designated. Special election of executive committee. Voters qualified. Parties. Separate ballot-boxes. SEC. 4. Be it further enacted by the authority aforesaid, That the returns from said election shall be consolidated as now provided by law and shall be filed in the office of the clerk of the Superior Court of Coffee County, but the result of said election shall be declared by the board of managers on Monday following the Saturday on which said election is held, and the eleven candidates receiving the highest number of votes cast by any party shall be and are hereby declared the regular organized executive committee of said party and shall hold their office without compensation until the next primary election held for nomination of the members of the General Assembly, and all subsequent committees shall be elected and hold their office for a term intervening between holding of said primary election for members of the General Assembly. Returns of election. Term of office. SEC. 5. Be it further enacted by the authority aforesaid, That the executive committees of all political parties now organized in Coffee County shall immediately upon the election of the executive committee herein provided for, for said party, turn over to said committee so elected, all books,

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vouchers and documents of every kind pertaining to the political party with which said committee is affiliated, and shall make a full and complete accounting with said elected committee of all moneys collected and disbursed by said retiring ex-committee during the term for which it has served, and shall turn over to said elected committee all cash in its hands belonging to said party in said county. Aggregate statement shall be made of all sources from which all collections were derived, and to whom and for what purpose disbursed. Any executive committee, or member thereof, failing and refusing to comply with the provisions of this Act within twenty (20) days after said special election herein provided for shall be guilty of a msidemeanor in addition to being subject to all remedies now provided by law for enforcing the accounting herein provided for. Retiring committee's duty. Penalty for refusal. 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, 1917. COWETA ROAD DISTRICT ADDITION. No. 139. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues in the County of Coweta, approved August 26, 1872, (Acts Legislalature 1872, page 405), and amendatory Acts, so as to add the (Raymond) 1711 district, G. M., in one of the five road districts of Coweta County. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled An Act to create a board of commissioners of roads and revenues in the County of Coweta, approved August 26th, 1872 (Acts Legislature 1872, page 405), be and the same is hereby amended as set forth in the following sections of this Act. Act of 1872 amended. SEC. 2. Be it further enacted by the authority aforesaid

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that the (Raymond) 1711 district, G. M., be and the same is hereby added to road district No. 2 and that said road district No. 2 shall hereafter consist of, and embrace, the following militia districts in said county of Coweta, to-wit: 806 District, G. M. (Second), 693 District, G. M. (Third), 1139 District, G. M. (Grantville), and 1711 District, G. M. (Raymond). Addition to district No. 2. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. COWETA TREASURER; VACANCY, HOW FILLED. No. 35. An Act to provide for filling vacancies in the office of county treasurer in Coweta County. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, if a vacancy should occur from any cause in the office of county treasurer of Coweta County, said vacancy shall be filled by appointment for the unexpired term by the board of commissioners of roads and revenues of said county. Vacancy in office; how filled. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. DADE DEPOSITORY; AMENDING ACT. No. 13. An Act to amend an Act approved August 18, 1916, abolishing the office of county treasurer of Dade County, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the Act referred to is amended as follows: by striking the words December next in the second section of said Act, as appears on page three hundred and ninety-nine (399) of the Georgia Laws of 1916, and inserting in lieu thereof the following: November, 1917, and every four years thereafter. And further amend the aforesaid Act by adding at the end of the third section the following words: All bidders shall deposit with the ordinary a cashier's check in the sum of three hundred dollars ($300.00) as an evidence of good faith. And in the event the appointee does not fully qualify under the terms and conditions of the aforesaid Act, this sum will be forfeited to the county; or the ordinary may, in his discretion, pay the premium on the appointee's bond with said funds. Act of 1916 amended. Deposit by bidder. 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 4, 1917. DODGE TREASURER'S SALARY AND BOND. No. 149. An Act to fix the salary of the treasurer of Dodge County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of July, 1919, the salary of the treasurer of Dodge County shall be six hundred ($600.00) dollars per annum, payable in monthly installments out of the funds of the county upon warrant issued by the commissioners of roads and revenues. Salary fixed. SEC. 2. Be it further enacted, That the premium on the bond of said treasurer where same is made by a surety company shall be paid out of the funds of the county by warrant drawn by the commissioner of roads and revenues. Premium on bond.

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SEC. 3. Be it further enacted, That said salary shall be in lieu of all commissions or other compensation now received by him. No commissions. 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 18, 1917. DOUGLAS COMMISSIONERS; AMENDING ACT. No. 177. An Act to amend an Act creating the board of county commissioners of roads and revenues of Douglas County, approved December 20, 1900, as amended by the Act approved July 30, 1903, so as to provide for laying out the county into road districts and the election of a commissioner for each district, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That a board of commissioners of roads and revenues for the County of Douglas, said State, is hereby created. Said commissioners shall have been residents of said County of Douglas for two years immediately preceding their election and qualification, and shall be qualified voters of said county. Said board shall consist of three members, one for each of the road districts of which said county as hereinafter laid off. Board of commissioners created. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act, said county of Douglas shall be divided into three road districts as follows: Town and Lithia Springs Districts shall constitute one road district under this Act, and shall be known as Road District No. 1 of Douglas County. Connors, Middle and Fair Play Districts shall constitute one road district under the Act and shall be known as Road District No. 2 of Douglas County, and Abercrombies, Chappel Hill and Chestnut Log

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Districts shall constitute one road district under the Act and shall be known as Road District No. 3 of Douglas County. Upon the creation of a new militia district in said County of Douglas said commissioners shall have the authority to annex said new militia district to one of said road districts named in this Act. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That the following named persons, residents of Douglas County, are hereby appointed, constituted and made commissioners of roads and revenues for said County of Douglas under this Act, as follows: For the first road district A. S. Gresham; for the second road district, I. H. Willoughby; for the third road district, S. L. Hembree, and they shall hold office until January 1, 1921, and until their successors are elected and qualified as hereinafter provided. Commissioners appointed. SEC. 4. Be it further enacted by the authority aforesaid, That the terms of office of said commissioners of roads and revenues shall expire on the first day of January, 1921, and their successors shall be elected in the general election for State and county officers to be held in and for said county, in the year 1920, and the commissioners of roads and revenues so elected in the general election of State and county officers of 1920 shall qualify and assume the duties of office on the first day of January following. They shall each hold office for four years and until their successors are elected and qualified. The term of office for said commissioners of roads and revenues, for said County of Douglas, is herein fixed at four years, and said commissioners shall be elected in the general State and county election every four years, at the time other county officers are elected, and all persons qualified to vote therein for members of the General Assembly shall be qualified electors at such election. Terms of office. Election of successors. Terms of office. SEC. 5. Be it further enacted by authority aforesaid, That in the election of said commissioners, one person who resides in each of the three road districts created by this Act shall be elected. Such commissioners shall be otherwise

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qualified as required by the terms of this Act, and shall be elected by the qualified voters of the entire county and not alone by the voters of the respective districts created by this Act. Qualification. SEC. 6. Be it further enacted by the authority aforesaid, That A. S. Gresham, the commissioner appointed and named in section 3 of this Act for the first road district of Douglas County, shall be and is hereby appointed, constituted and made chairman of said board. It shall be the duty of the chairman to preside at all meetings of the board, sign all county warrants on the county treasury, and all orders when authorized by the board of county commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. In the absence or disqualification of the chairman, the board may elect a vice-chairman to act in his stead. Chairman appointed. Duties. SEC. 7. Be it further enacted by the authority aforesaid, That on and after the first day of January, 1921, the duly elected and qualified commissioners of roads and revenues, for the County of Douglas, shall at their first meeting, or as soon thereafter as possible, elect one of their number as chairman. Election of chairman. SEC. 8. Be it further enacted by the authority aforesaid, That the members of said board of commissioners hereby created, and their successors in office, shall receive as compensation the sum of two dollars ($2.00) per diem; provided, however, that no commissioner shall be paid more than two hundred ($200.00) dollars for his entire service during any one year of his term. The per diem of the members of the board of commissioners shall be paid out of the county treasury of said county. Compensation. SEC. 9. Be it further enacted by the authority aforesaid, That said board of commissioners at their first meeting, or as soon thereafter as possible, shall elect a clerk, whose duty it shall be to keep in a well-bound book a record of all the acts and doings of said board of commissioners, a minute

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of each and every meeting of said board, a record of the warrants issued, and vouchers held for said warrants. Said books shall be open to inspection by any person interested at any time, except such time as would interfere with the proceedings of the board at a regular or called meeting thereof. Said clerk shall perform all other duties prescribed for him by said board; shall hold office at the will of said board and shall be paid such reasonable compensation not to exceed two ($2.00) dollars per day as said board may fix. Clerk. Duties and pay. SEC. 10. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive control over all the following matters, to wit: In directing and controlling all the property of said county; in levying taxes according to law; in establishing, changing and abolishing election precincts and militia districts; in settling all claims for and against the County of Douglas, either officers' or otherwise: in providing for the poor of the county; in providing for the health of the county as provided by law: in the establishment and maintenance of chain-gang of said county and working the same upon the public roads of said county, or otherwise provided for, such as superintendent of the pauper farm, county physician, health officer, and district road overseers. They shall have the right to make all needful rules and regulations as they may deem best for the interest of the county, governing all minor officers appointed by them, not inconsistent with the law, and to fix reasonable compensation for the said officers where the same is not fixed by law; to fix and provide for the collection of a commutation road tax, not to exceed five ($5.00) dollars per annum, and to prescribe the number of days to be worked in lieu thereof, not to exceed ten days in any one year; to try road defaulters as is provided by law, and generally to have original and exclusive jurisdiction over the subject matters mentioned and embraced in section 4808 of the Code of 1910, Volume 1, and to exercise such other powers as are granted by the law, or as may be indispensable to their jurisdiction over county matters or county finances. In the trial of defaulters by the board,

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said defaulters shall be cited for trial by such officers as the board of commissioners shall appoint, either by the sheriff, his lawful deputy, or any constable of the county, or the road overseers of the district of the residence of said defaulters. Jurisdiction of the board. SEC. 11. Be it further enacted by the authority aforesaid, Said board of commissioners shall hold regular monthly meetings at the court-house in said County of Douglas on the first Tuesday of each month and may adjourn from day to day and may hold special sessions whenever necessary, and at such meetings they shall sit as a court for county purposes, and for the exercise of such other powers as the law confers upon them. A majority of said board shall constitute a quorum for the transaction of business at any meeting. Meetings. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of commissioners to submit a report to the grand jury at each term of the Superior Court of Douglas County, which report shall give a detailed amount of all their acts and doings as such commissioners, and shall include an itemized statement of all moneys received and paid out by the board for all purposes; and the amount of commutation tax collected. They shall likewise present all vouchers for money paid out by the board and exhibit all records kept by the board, or its clerk, to the inspection of the grand jury, if required to do so by the grand jury. Said commissioners shall cause to be published at least quarterly in a newspaper of Douglas County an itemized statement of their receipts and disbursements if required to do so by the grand jury. Reports of grand jury. Publication SEC. 13. Be it further enacted by the authority aforesaid, That in case of vacancy in said board by death, resignation, or otherwise, the remaining members of said board, with the ordinary of the county, shall have the right to fill said vacancy until the next regular election, when a successor to the person appointed shall be elected for the unexpired term. Vacancy in office. SEC. 14. Be it further enacted by the authority aforesaid,

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That all the provisions contained in previous acts of the General Assembly of this State, that are in conflict with the provisions of this Act, are hereby modified and repealed so as to carry out the provisions of this Act, to wit: Such parts of the Act of the General Assembly of this State creating a board of county commissioners of Douglas County and to define their duties, etc., approved December 20, 1900, and amendment to said Act approved July 30, 1903, being an Act to amend an Act creating a board of county commissioners of the County of Douglas, defining their duties, etc., approved December 20, 1900, by providing for monthly meetings of said board of commissioners for the transaction of said business by reducing the members of said board from five to three, and more particularly describing the power, jurisdiction, duty, authority of said board of commissioners, and for other purposes. Prior Acts modified or repealed. SEC. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. EARLY COMMISSIONERS' ELECTION, ETC. No. 127. An Act to change the manner in which the board of county commissioners of Early County shall be elected; to modify the existing acts creating and effecting said board of county commissioners accordingly; 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 passage of this Act the county commissioners of Early County shall be elected in conformity to the present laws on the subject, with the following change and modification, to wit: For the purpose of this Act Early County shall be divided into five divisions to be known respectively as the Northeastern, Southeastern,

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Northwestern, Southwestern and the Middle districts of said county. Said divisions are to be determined as follows: A line shall be taken running from north to south through said county, beginning at the Clay County line at the northeast corner of lot of land number 67 in the fourth district of said county and running south along the land lot lines to the Miller County line, which, for the purposes of this Act, shall be designated as line A; then a line will be considered as running through said county from the Chattahoochee River at the northwest corner of land lot 442 in the twenty-eighth district of said county and running east along the land lot lines through said county to the Baker County line, and this line, for the purposes of this Act, shall be known as line B; and a third line will be considered as beginning at the northwest corner of land lot 415 of the twenty-sixth district of said county on the Chattahoochee River and running east through said county to the Miller County line, which will be known as line C. All of the territory lying east of line A and north of line B will constitute the northeastern division; all the territory lying east of line A and south of line B will constitute the southeastern division of said county; all the territory lying west of line A and north of line B will constitute the northwestern division of said county; all the territory lying south of line C will constitute the southwestern division of said county; and the remainder of said county shall constitute the middle division of said county. The county commissioners shall be elected by the qualified voters of the entire county, but the member receiving the highest vote from each of the respective divisions shall be elected as a county commissioner from that division of the county and the five members thus elected shall constitute the board of county commissioners. Divisions of the county. Commissioners; how elected. SEC. 2. The acts creating and regulating the said board of county commissioners of Early County are modified accordingly but in other respects shall remain the same. SEC. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 17, 1917.

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ELBERT SEED-COTTON SALE REGULATION. No. 227. An Act to regulate the sale of seed-cotton in Elbert County; to provide who may sell; to fix punishment for violation of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same: SECTION 1. It shall be unlawful for any cropper or renter to sell seed-cotton in Elbert County, Georgia, without the written consent of his landlord, until the landlord shall have received the rents due him. Sale without consent. SEC. 2. Any person violating the provisions of this Act shall, on conviction, be punished as for a misdemeanor as prescribed in section 1065 of the Code. Penalty. SEC. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 20, 1917. FLOYD COMMISSIONERS; REPEALING ACT, ETC. No. 2. An Act to repeal an Act entitled An Act to provide uniformity in the composition of boards of commissioners of roads and revenues in Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of nominations and election of members of the board, the term of office and for other purposes, approved August 18, 1911; to abolish the board of commissioners of Floyd County elected thereunder, and to provide for their successors; to provide for handling the affairs of said County of Floyd until successors of said board of commissioners are elected; to provide for an inventory of property, assets, and liabilities of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia and it is hereby enacted by authority of the same, That an Act entitled An Act to provide uniformity in the composition of boards 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 members of the board, the term of office, and for other purposes, approved August 18, 1911, and all amendments thereto, be and the same are hereby repealed, and the present membership of the board of commissioners of said Floyd County, Georgia, be and the same is hereby abolished, and the positions of all officers and employees holding under them are hereby vacated; and the ordinary of said County of Floyd shall within five days after the passage and approval of this Act take over the affairs and business of the county heretofore handled and conducted by said board of commissioners. Act of 1911 repealed. Board abolished. SEC. 2. Be it further enacted by the authority aforesaid, That said ordinary of said County of Floyd shall, immediately after taking over the affairs and business of said county, appoint a competent citizen of said county whose duty it shall be: Ordinary's appointee. Duties. 1st. To prepare a complete inventory of the property of the county, setting forth its condition and the needed improvements thereon, and appraising its value and recommending its proper disposition. Inventory. 2nd. To prepare a complete inventory of the liabilities of the county. Liabilities. 3d. To prepare and submit a safe method of preserving all records of the county. 4th. To make a written report of his works, acts and findings to said ordinary, which shall be published in the public gazette of said county in which the sheriff's sales are published, and to be printed in pamphlet form and publicly distributed throughout said county. Upon the completion of said work the ordinary shall fix adequate compensation for such citizen for the work done, and expenses incurred, which shall be paid out of the public funds of the county. Reports. Compensation.

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SEC. 3. Be it further enacted by the authority aforesaid, That said ordinary shall immediately after approval of this Act fix reasonable compensation for and appoint a competent citizen of said County of Floyd, who shall be known as comptroller of road work. All property of the county used in the building and maintenance of roads and bridges shall be turned over to him by those now having it in charge, until the election and qualification of the new board of commissioners provided for in this Act. He shall have charge and direction of all road work in said county. After the election and qualification of said new county board he shall continue in office until the first Monday in January, 1918, but subject to the direction and control of said ordinary. Said ordinary may also fix reasonable compensation for and appoint such other officials and officers as may be necessary for the proper conduct of the business of the county, who shall hold office and be subject to the direction of said new board, after their election, until their successors are elected and qualified, provided such office held by them is not abolished in the discretion of said new board. Comptroller of road work. Other officials. SEC. 4. Be it further enacted by the authority aforesaid, That at the expiration of thirty days after the passage and approval of this Act, said ordinary shall call and advertise a special election in said county, as special elections are now called and advertised under the laws of this State, to be held thirty days thereafter, for the purpose of electing five citizens of said county who are qualified to vote for members of the General Assembly of this State, as members of a board of commissioners of roads and revenues of said County of Floyd, in place of and in lieu of the members of the board of commissioners of said county abolished by this Act, said election to be held as special elections are now held under the laws of this State, in all voting precincts of said county. All voters of said County of Floyd who were qualified to vote for State and county officers in the last election held in said county for State and county officers, and who are still residents of said county, or who have since become qualified to vote for State and county officers,

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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 five persons receiving the highest vote elected members of said board; provided, however, that not more than two members of said board shall reside within the corporate limits of the City of Rome, and not more than three members of said board shall reside outside of the corporate limits of said City of Rome. The persons so elected shall take office January 1, 1918, and the ordinary shall turn over to them the affairs of said county. They shall hold office until the first day of January, 1921, or until their successors are elected and qualified. Election of commissioners. Voters. Returns. Terms of office. SEC. 5. Be it further enacted by the authority aforesaid, That except as is provided in section 4 of this Act, said board shall be elected at the general election held every four years for the election of county officers of said county. Vacancies shall be filled by the remaining members of the board until the next general election for members of the General Assembly when such vacancy or vacancies shall be filled by election by the qualified voters of the county for the unexpired term. Election of board. SEC. 6. Be it further enacted by the authority aforesaid: 1. No person shall be elected or appointed to any office or position of service to the county by the board of commissioners, or any one of them, who is related to them, or any one of them within the fourth degree of consanguinity or affinity. Appointments. 2. All purchases or sales of ordinary or regular supplies, or property of or for the county, shall be made at monthly, open, public meetings of the board, and purchases shall be made only after sealed bids and upon due advertisement, and all extraordinary contracts or purchases of articles or property of any sort costing more than one hundred dollars shall be made at such meetings. Such purchases shall be by majority vote of the board and recorded in the minutes of the board, the ayes and nays of said vote or votes shall also be recorded; provided, however, that this

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provision shall not be construed as applying to the ordinary petty and running expenses appertaining to the county affairs. Purchases. 3. No contract for work of any kind shall be made except in public meetings of the board and by a majority vote of the board, and not more than eighty per cent. of the contract price of any contract work shall be paid on the work before completion, and all such payments shall be made on a sworn statement of the contractor in writing as to the amount of work actually completed, which statement shall be filed and kept by the clerk of the board. Any violation of the provisions of this section shall be a misdemeanor, and upon conviction thereof the commissioners so violating same shall be punished as prescribed in section 1065 of the Penal Code of Georgia; provided, however, that any commissioner may justify by showing that he did not vote for such violation. Contracts. Penalty. SEC. 7. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to repeal any of the laws of force governing the board of roads and revenues of Floyd County of force prior to the passage of the Act repealed in section 1 of this Act, except as is herein expressly changed and repealed. Laws not repealed. 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 July 28, 1917. FRANKLIN COMMISSIONERS AND DISTRICTS. No. 107. An Act to divide the County of Franklin into three commissioner districts; to provide for a board of county commissioners in lieu of the present board, name interim commissioners, provide for the election of their successors, fill vacancies, provide for their organization

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and compensation, provide for a clerk, and other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the County of Franklin shall be divided into three separate and distinct commissioner districts, and that each district shall select one commissioner as hereinafter provided. Division into districts. SEC. 2. Be it further enacted, That the aforesaid division shall be as follows: That the militia districts, commonly known as Carnesville, Canon, and Strange's, shall compose, and be known as, district number one; further, that the militia districts commonly known as Gum Log, Bryant's, Welborn, Red Hill, and Flintsville, shall compose, and shall be known as, district number two; further, that the militia districts commonly known as Manley's, Middle River, Gunnett's, Doolv's and Ashland, shall compose, and shall be known as, district number three. Districts defined. SEC. 3. Be it further enacted, That the board of commissioners hereinafter created, and their successors in office, shall have full jurisdiction and control of all matters in said county, except conferred jurisdiction by general law in some other officer, and all powers, hitherto conferred upon the present board of commissioners of said county shall be succeeded to by the board hereinafter provided. Jurisdiction of the board. SEC. 4. Be it further enacted, That said board of commissioners shall consist of three members, one elected from each district, whose term of office shall be four years. J. B. McIntyre of the first district, W. P. King of the second district and W. A. Sewell of the third district shall constitute said board of commissioners and shall hold office until their successors are elected and qualified. At the first State election held after the passage of this Act a commissioner shall be elected from the second and third districts, whose term of office shall begin January 1, 1919, and at the next biennial election a commissioner shall be elected from the first

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district whose term of office shall begin January 1, 1921. All elections for commissioners shall be biennially at the time of State election. Election of commissioners. SEC. 5. Be it further enacted, That any person who shall be eligible to hold office as commissioner must be a freeholder, twenty-five years old, and have resided in the district twelve months immediately preceding his election or appointment. To be elected he must receive a majority of the qualified votes cast in said district, and before entering upon the discharge of the duties as commissioner shall give bond in the sum of one thousand dollars, conditioned upon the faithful performance of duty. Said bond shall be approved by the ordinary of said county and made payable to the County of Franklin, State of Georgia. Eligibility. Bond. SEC. 6. Be it further enacted, That in the event of a vacancy occurring on said board the ordinary of said county shall appoint some person who is eligible, in said district where vacancy exists, to be commissioned and shall hold office for the unexpired portion of term. Vacancy in office. SEC. 7. Be it further enacted, That said board shall select one of their number as chairman, annually or when vacancy exists, who shall be chief executive officer of said board, and before entering upon the duties of said office shall give an additional bond in the sum of ten thousand dollars, payable to the County of Franklin and approved by the ordinary of said county, conditioned that he will faithfully perform all the duties incumbent upon him as chairman of said board. He shall account for all monies coming into his hands and passing under his control, and will not participate in any misappropriation of the county's money or property. He shall have the power to use the county's money according to the purpose to which they shall be devoted, or ordered to be paid or expended by said board; and all warrants or orders for the payment of money shall be signed by him. He shall give his entire time and attention to the duties of said office, and shall, with the assistance of the clerk hereinafter provided for, maintain an office at the court-house of said county. He shall supervise

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the construction and repair of all bridges and roads in the county, act as purchasing agent, and supervise the collection of commutation tax and labor. Chairman. Bond. Accountability. Powers. Duties. SEC. 8. Be it further enacted. That the members of the board, other than the chief executive, shall receive five dollars as compensation for their services, for each day of actual service in attendance on meetings of said board. The chairman shall receive as compensation for his services ninety dollars per month. The commissioners shall be paid monthly out of the treasury of said county. Compensation. SEC. 9. Be it further enacted, That the chairman shall have power and authority to appoint a clerk, who shall, in addition to keeping the minutes of the board, act as clerk generally to the chairman, who shall cause to be printed quarterly, or monthly if directed by the grand jury of said county, of all receipts and expenditures of public money. The chairman shall be liable for the faithful performance of the duties of the clerk, and can discharge said clerk at any time, in his discretion. The salary of the clerk shall not exceed fifty dollars per month, and shall be paid monthly out of the treasury of said county. Clerk. Duties and pay. SEC. 10. Be it further enacted, That said board shall hold regular meetings at the court-house of said county on the first Tuesdays of each month, and may adjourn from day to day, and may hold called meetings whenever in their opinion public necessity requires it; provided, that commissioners, except the chairman, shall not receive more than one hundred dollars per annum. Meetings. SEC. 11. Be it further enacted, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin County, as herein provided. An election is hereby called for Thursday, November 15, 1917, to be held in said county in the same manner and at the same places as general elections for State and county officers are now held, on which date those favoring the election of county commissioners under the provisions of this Act shall cast their ballots and have printed or written thereon the words: For the election of commissioners,

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and those opposed thereto, the words: Against the election of commissioners. Should a majority of the qualified voters voting at said election cast their ballots for the election of commissioners, then and in that event this Act shall become of full force and effect. The vote in said election shall be consolidated in the same manner as the vote in general elections and the returns thereof made to the ordinary of said county, and said ordinary shall declare the result thereof. Act referred to 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 15, 1917. FRANKLIN COMMISSIONERS AND DISTRICTS. * * This is Senate bill No. 150, and is identical with the Act next preceding, which is House bill No. 486. No. 204. An Act to divide the County of Franklin into three commissioner districts; to provide for a board of county commissioners in lieu of the present board, name interim commissioners; provide for the election of their successors, fill vacancies, provide for their organization and compensation, provide for a clerk, and other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the County of Franklin shall be divided into three separate and distinct commissioner districts, and that each district shall select one commissioner as hereinafter provided. Division into districts. SEC. 2. Be it further enacted, That the aforesaid division shall be as follows: That the militia districts commonly known as Carnesville, Canon, and Strange's shall compose, and be known as, district number one; further, that the militia districts commonly known as Gum Log, Bryant's,

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Welborn, Red Hill, and Flintsville shall compose, and shall be known as, district number two; further, that the militia districts commonly known as Manly's, Middle River, Dooly's, Gunnell's, and Ashland shall compose, and shall be known as, district number three. Districts defined. SEC. 3. Be it further enacted, That the board of commissioners hereinafter created, and their successors in office, shall have full jurisdiction and control of all matters in said county, except conferred jurisdiction by general law in some other officer, and all powers hitherto conferred upon the present board of commissioners of said county shall be succeeded to by the board hereinafter provided. Jurisdiction of the board. SEC. 4. Be it further enacted, That said board of commissioners shall consist of three members, one elected from each district, whose term of office shall be four years. J. B. McIntyre of the first district, W. P. King of the second district, and W. A. Sewell of the third district shall constitute said board of commissioners and shall hold office until their successors are elected and qualified. At the first State election held after the passage of this Act a commissioner shall be elected from the second and third districts, whose term of office shall begin January 1, 1919; and at the next biennial election a commissioner shall be elected from the first district, whose term of office shall begin January 1, 1921. All elections for commissioners shall be biennially at the time of State election. Election of commissioners. SEC. 5. Be it further enacted, That any person who shall be eligible to hold office as commissioner must be a freeholder, twenty-five years old, and have resided in the district twelve months immediately preceding his election or appointment. To be elected he must receive a majority of the qualified votes cast in said district, and before entering upon the discharge of the duties as commissioner shall give bond in the sum of one thousand dollars, conditioned upon the faithful performance of duty. Said bond shall be approved by the ordinary of said county and made payable to the County of Franklin, State of Georgia. Eligibility. Bond. SEC. 6. Be it further enacted, That in the event of a vacancy

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occurring on said board the ordinary of said county shall appoint some person who is eligible, in said district where vacancy exists, to be commissioned and shall hold office for the unexpired portion of term. Vacancy in office. SEC. 7. Be it further enacted, That said board shall select one of their number as chairman, annually or when vacancy exists, who shall be chief executive officer of said board, and before entering upon the duties of said office shall give an additional bond in the sum of ten thousand dollars, payable to the County of Franklin and approved by the ordinary of said county, conditioned that he will faithfully perform all the duties incumbent upon him as chairman of said board. He shall account for all moneys coming into his hands and passing under his control, and will not participate in any misappropriation of the county's money or property. He shall have the power to use the county's money according to the purpose to which they shall be devoted, or ordered to be paid or expended by said board; and all warrants or orders for the payment of money shall be signed by him. He shall give his entire time and attention to the duties of said office, and shall, with the assistance of the clerk hereinafter provided for, maintain an office at the court-house of said county. He shall supervise the construction and repair of all bridges and roads in the county, act as purchasing agent, and supervise the collection of commutation tax and labor. Chairman. Bond. Accountability. Powers. Duties. SEC. 8. Be it further enacted, That the members of the board, other than the chief executive, shall receive five dollars as compensation for their services, for each day of actual service in attendance on meetings of said board. The chairman shall receive as compensation for his service ninety dollars per month. The commissioners shall be paid monthly out of the treasury of said county. Compensation. SEC. 9. Be it further enacted, That the chairman shall have power and authority to appoint a clerk who shall, in addition to keeping the minutes of the board, act as clerk generally to the chairman, who shall cause to be printed quarterly, or monthly if directed by the grand jury

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of said county, of all receipts and expenditures of public money. The chairman shall be liable for the faithful performance of the duties of the clerk, and can discharge said clerk at any time, in his discretion. The salary of the clerk shall not exceed fifty dollars per month, and shall be paid monthly out of the treasury of said county. Clerk. Duties and pay. SEC. 10. Be it further enacted, That said board shall hold regular meetings at the court-house of said county on the first Tuesdays of each month, and may adjourn from day to day and may hold called meetings whenever in their opinion public necessity requires it; provided, that commissioners, except the chairman, shall not receive more than one hundred dollars per annum. Meetings. SEC. 11. Be it further enacted, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin County, as herein provided. An election is hereby called for Thursday, November 15, 1917, to be held in said county in the same manner and at the same places as general elections for State and county officers are now held, on which date those favoring the election of county commissioners under the provisions of this Act shall cast their ballots and have printed or written thereon the words: For the election of commissioners, and those opposed thereto the words: Against the election of commissioners. Should a majority of the qualified voters voting at said election cast their ballots for the election of commissioners, then and in that event this Act shall become of full force and effect. The vote in said election shall be consolidated in the same manner as the vote in general elections, and the returns thereof made to the ordinary of said county, and said ordinary shall declare the result thereof. Act referred to 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 20, 1917.

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GLASCOCK TREASURER'S SALARY FIXED. No. 22. An Act to fix the salary of the treasurer of Glascock County, and to provide for the payment thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and immediately upon the passage and approval of this Act, the treasurer of Glascock County, State of Georgia, shall be paid a salary of three hundred ($300.00) dollars per annum, for his services as such treasurer, and he shall not receive any fees, or other compensation from said office, and the said salary of three hundred ($300.00) dollars shall be paid said treasurer in monthly or quarterly installments pro rata, as may be agreed upon by said treasurer and the county commissioner of Glascock County, or said treasurer may waive his right to have said salary paid him monthly, or quarterly and to receive said salary at the end of each year at his option. Salary fixed. No fees. SEC. 2. Be it further enacted by the authority aforesaid, That the salary above provided to be paid, whether paid in monthly, quarterly or annual installments, shall be paid upon orders issued on the treasurer of Glascock County for that purpose by the county commissioner of said County of Glascock. How payable. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. GREENE DEPOSITORY; AMENDING ACT. No. 72. An Act to amend an Act entitled an Act to abolish the office of county treasurer for the County of Greene, State of Georgia; to provide for the selection an

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qualifications of county depository or depositories for the funds of said county; to provide for the receiving, holding, and disbursing of the funds of said county, and for other purposes, approved August 8, 1916, so as to relieve county depository or depositories of certain liabilities now imposed by said Act; to authorize compensation for such depository or depositories and limit the amount of such 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 the above-recited Act, entitled an Act to abolish the office of county treasurer for the County of Greene, State of Georgia; to provide for the selection and qualifications of county depository or depositories for the funds of said county; to provide for the receiving, holding and disbursing of the funds of said county; and for other purposes, approved August 8, 1916, be and the same hereby is amended as follows: Act of 1916 amended. ( a ). By striking from section 6 of said Act (on page 424, Acts 1916) the words, Such depository or depositories shall be both criminally and civilly liable as county treasurers are now liable, and subject to like punishment, for malfeasance or nonfeasance of duty,said section reading as it appears in said Act, with the exception that the words above quoted are stricken from the said section of said Act; and Words stricken. ( b ). By striking from said Act section 7 thereof, and substituting for said section the following: SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues of Greene County is hereby authorized to pay the county depository or depositories selected in accordance with this Act, compensation not exceeding the sum of three hundred dollars per annum (this sum to be divided among the depositories if more than one), payable monthly or otherwise in the discretion of said board. All books required by county depository or depositories under this Act shall be furnished by Greene County out of the county funds. Compensation of depository. Books.

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SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. HABERSHAM STREET WORK IN TOWNS. No. 242. An Act to repeal an Act authorizing the ordinary of Habersham County to use the county convicts, tools, mules, and other equipment to work, keep, and maintain at least two streets in the incorporated town and cities in said county, approved August 8th, 1916, and for other purposes; and to authorize the ordinary or county authorities to use the county convicts, tools, mules, and other equipment for the purpose of grading, scraping and repairing any street in any city or town in the County of Habersham; provided, that said street intersects and is a continuation of a first-class public road kept up and maintained by the county authorities. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That an Act approved August 8, 1916, requiring the ordinary of Habersham County to use the county convicts, tools, mules and other equipment to work, keep and maintain at least two of the streets in the incorporated towns and cities in said county as may be specified by the municipal authorities therein, be and the same is hereby repealed. Act of 1916 repealed. SEC. 2. Be it enacted by the authority aforesaid, That from and after the passage of this Act that the ordinary or county authorities of Habersham County shall have the right to use the county convicts, tools, mules, and other equipment for the purpose of grading, scraping, and repairing any street in any city or town in said county; provided, that said street intersects with and is a continuation of a first-class public road in said county kept up and maintained by the county. Work on streets.

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SEC. 3. Be it further enacted, That nothing in this Act shall relieve any city or town in said county from keeping in repair and maintaining all of the streets within its corporate limits, and shall not relieve the municipal authorities from any damages, actions, or rights of actions, arising from the failure of said town or city to keep up and maintain its streets, crossings and bridges as now provided by law. 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 20, 1917. HENRY COMMISSIONER; AMENDING ACT. No. 193. An Act to amend an Act approved August 13th, 1912, creating the office of commissioner of roads and revenues for the County of Henry, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section sixteen (16) of the Act of 1912, creating the office of commissioner of roads and revenues for the County of Henry, be stricken from said Acts and that the numbers of the succeeding sections be changed, numbering sections 17, 18, and 19, appearing in the old Acts, changed so as to make them appear as sections 16, 17, and 18, in this amended Act. Act of 1912 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. Provided, that the provisions of this Act shall not become operative until May 1st, 1918. Effective May 1, 1918. Approved August 20, 1917.

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JASPER COMMISSIONERS' MONTHLY REPORTS. No. 160. An Act to amend an Act amending 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 August 16th, 1915, by striking out all the words after the word submit, beginning in the second line of section ten, down to the words and also, and inserting in lieu thereof the following words: a monthly report or statement in detail of their expenses and disbursements of the county funds, to the legal organ published in said county, and pay for same at the legal rate for publication; provided, that no statement shall exceed the cost of fifteen dollars; and so as to provide this information concerning public matters, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that section ten of the Act amending an Act creating the board of commissioners of roads and revenues for the County of Jasper, approved August 16th, 1915, be and the same is hereby amended by striking out all the words, between the words submit, beginning in the second line of section ten down, to the words and also, inserting in lieu thereof the following words: a monthly report or statement in detail of their expenses and disbursements of the county funds, to the legal organ published in said county, and pay for same at the legal rate for publication; provided, that no statement shall exceed the cost of fifteen dollars; so as to provide this information concerning public matters, so that said section when amended shall read as follows: SEC. 10. Be it further enacted, That said commissioners shall submit a monthly report or statement in detail of their expenses and disbursements of the county funds, to the legal organ published in said county, and pay for same at the legal rate for publication; provided,

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that no statement shall exceed the cost of fifteen dollars; so as to provide this information concerning public matters; and also, a record of their proceedings to each grand jury chosen for the county for their inspection. Act of 1915 amended. Read. Publication of reports. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws herewith conflicting are repealed. Approved August 18, 1917. JONES TREASURER'S SALARY INCREASED. No. 144. An Act to amend an Act of the General Assembly of the State of Georgia, approved August 17th, 1916, fixing the salary of the county treasurer of Jones 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 section first of the Act approved August 17th, 1916, fixing the salary of the county treasurer of Jones County as set out in the title above be amended as follows: By striking the words three hundred and also by striking the words, beginning on the first day of January, 1917, also by striking the words twenty-five, wherever the same appears in said section and in said Act, and inserting the words in lieu of three hundred the words five hundred, and inserting in lieu of the words first day of January, 1917, the words beginning on the first day of September, 1917, and also inserting in lieu of the words twenty-five the words forty-one and two-thirds, so that said section as amended will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the county treasurer of Jones County shall be paid a salary of $500.00 per annum, beginning on the first day of September, 1917, and payable on the last day of each month in monthly installments of

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forty-one and two-thirds dollars. Said salary shall be paid to such treasurer by authority of the county commissioner of Jones County and it shall be paid out of funds heretofore provided for the paying of commissions to such treasurer, and any excess of such amount heretofore provided for the paying of commissions for such treasurer shall remain and be a part of the county funds of said county, to be expended and used by the county commissioner of Jones County as other county funds are now expended. Act of 1916 amended. Read. Salary of treasurer. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. LAURENS COMMISSIONERS' ELECTION, ETC. No. 186. An Act to amend an Act of the Legislature of Georgia, approved August 17, 1911, creating a board of commissioners of roads and revenues for the County of Laurens, by striking and repealing section two of said Act as appears in the Acts of 1911, page 454, and inserting in lieu thereof a new section to be known as section two of said Act. SECTION 1. 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 section two of the Act of 1911, approved August 17, 1911, creating a board of roads and revenues of Laurens County, be and the same is hereby repealed, and in lieu of said section the following section to be known as section two of said Act of 1911, as appears in the Georgia Laws of 1911, page 454, be enacted: Act of 1911 amended. SEC. 2. Be it further enacted, That at the next general election which occurs on Tuesday after the first Monday in November, 1920, there shall be elected by the qualified

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voters of Laurens County, one commissioner of roads and revenues from each road district as provided in the Act of the General Assembly, approved August 17, 1911. That said commissioners so elected shall hold office for the term of four years, or until their successors are elected and qualified, said term of office to begin on the first day of January, 1921. Each succeeding four years their successors shall be elected from, and shall reside in, their respective road districts. Any person shall be eligible to hold the office of county commissioner who has been a resident of their respective road districts for at least twelve months and is a qualified voter of Laurens County. The duties devolving on the present county commissioners of Laurens County shall devolve upon all commissioners subsequently elected and qualified under this Act. That the present board of commissioners of roads and revenues of Laurens County, to-wit: R. F. Garner, district number one; H. C. Burch, district number two, and O. H. Parker, district number three, who were elected at the last general election held in and for said county, and who are the qualified and acting commissioners of roads and revenues of Laurens County, shall hold their office until the first day of January, 1921, or until their successors are elected and qualified. Election of commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. LOWNDES SEED-COTTON REGULATIONS. No. 183. An Act to regulate the sale and storing of seed-cotton in the County of Lowndes, State of Georgia, providing penalties for the violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of all merchants, ginners and other buyers of seed-cotton residing in and having a place of business located within the County of Lowndes, to keep a record in his place of business, which record shall be subject to public inspection at all times, of names of all persons selling seed-cotton, the amount sold, price paid, and on whose farm seed-cotton was raised, and in the event the person selling said seed-cotton does not own lands in his own right, or is a tenant or cropper farming the lands of another, such record shall show that such person has the written permission of the landlord to sell the same. Record of sales. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any buyer of seed-cotton in said county to allow any seed-cotton to be stored in his place of business between sunset and sunrise for the purpose of weighing the same the following day, or for other purpose. Unlawful storing. SEC. 3. Be it further enacted by the authority aforesaid, That any person violating the provisions of sections 1 and 2 of this Act shall, upon conviction, be punished as for misdemeanor, and shall be fined not less than $25.00 nor more than $100.00 for each offense, or in lieu thereof be imprisoned for not less than 30 days nor more than six (6) months. Penalty. 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 18, 1917. McDUFFIE TREASURER'S SALARY FIXED. No. 50. An Act to fix the salary of the treasurer of McDuffie County, Georgia, in lieu of commissions as are now

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paid; to provide for payment thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the compensation or salary of the treasurer of McDuffie County, Georgia, shall be four hundred dollars per annum, and shall be paid to said treasurer in monthly or quarterly installments, as may be agreed upon by the ordinary of said county and said treasurer. Salary fixed: how paid. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917. MONROE COMMISSIONERS; AMENDING ACT. No. 25. An Act to amend sections 6 and 7 of the Act of 1907, No. 95, creating a board of commissioners of roads and revenues for the County of Monroe, and approved August 19, 1907. SECTION 1. 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 same is hereby amended by striking out in section 6, page 322, the word monthly, and inserting the word quarterly, so that said section when amended shall read: said commissioners shall each receive the sum of two hundred and fifty dollars ($250.00) per annum, to be paid quarterly out of the county treasury on warrant drawn by said commissioners, only on the condition as provided in this amended Act in section 7, as herein amended. Act of 1907 amended. SEC. 2. Be it further enacted by the authority aforesaid, That section 7 of said Act be and the same is hereby amended, so as to read as follows: It shall be the duty of said commissioners

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to cause their clerk, or some one representing them, to make a complete and intelligent statement of the financial condition of the county quarterly, beginning January 1, 1918, showing resources and liabilities, detailed statement of all monies received, from whom and from what account, also all warrants issued, giving number, amount, to whom payable, and on what account drawn, which statement they shall cause to be posted on the bulletin board at the court-house within fifteen days after the expiration of each quarter. Said commissioners shall not issue to themselves warrants for their salary, or any part thereof, and they shall receive no part of their salary from county treasurer or any county funds whatsoever, until the terms and conditions of this amended Act shall have been complied with. For the purpose of this quarterly report, said commissioners are hereby vested with authority to call upon the county treasurer, tax-collector, and other county officials handling county funds, for statements of amounts of cash on hand, in the banks or treasury, and all receipts and disbursements for the previous quarter, showing from what source received, and on what accounts, all resources, uncollected taxes, liabilities, etc., and all other information necessary to show the amounts administered in their respective offices; that when said reports are thus made quarterly it shall be the duty of the grand jury to examine into the said published quarterly reports, comparing records of the various offices with said reports and either approve or disapprove them. Financial condition to be posted. SEC. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. MORGAN TREASURER'S SALARY FIXED. No. 117. An Act to fix the salary of treasurer of Morgan County, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That on and after January 1, 1918, the treasurer of Morgan County shall receive from the general funds of said county, a salary of $25.00 per month in lieu of the fees now allowed by law. Salary instead of fees. SEC. 2. Be it further enacted by authority aforesaid, That said treasurer shall furnish bond for the faithful performance of the duties of his office, in whatsoever sum may be required by the commissioners of roads and revenues of said county. Bond. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. MURRAY COMMISSIONERS ABOLISHED. No. 47. An Act to repeal an Act approved February 21, 1873, entitled an Act to establish a board of commissioners of revenue, roads, bridges and paupers for the County of Murray, and all other Acts amendatory thereto, and to abolish said board. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved February 21, 1873, creating a board of commissioners of roads and revenues for Murray County, defining their duties and powers, and fixing their compensation, and for other purposes, and all subsequent Acts amendatory thereto, be and the same is hereby repealed and the said board of commissioners of roads and revenues of Murray County is hereby abolished. Act of 1873 repealed. SEC. 2. Be it further enacted, That this Act shall become of full force and effect upon the passage of this Act and its approval by the Governor.

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SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. MURRAY SUPERVISORS OF ROADS, ETC. No. 246. An Act to create a board of supervisors of roads, bridges and road funds for the County of Murray; to provide for their election; to give them control of the roads, bridges and road funds of the county; to define their powers; to require them to give bond; to fix their pay, 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 a board of supervisors of roads, bridges and road funds is hereby created for the County of Murray, and that the ordinary of said county shall be the chairman of said board. Board created. SEC. 2. Be it further enacted, That four supervisors of roads, bridges and road funds shall be elected at the general election for State officials as hereafter provided, and that their terms of office shall be for two years, or until their successors are elected and qualified, and that they shall be commissioned by the Governor of Georgia on the certification of their election by the ordinary of Murray County for a term of two years. Election and term of office. SEC. 3. Be it further enacted, That the 824th and 1291st districts, G. M., known as Spring Place and Bull Pen, shall constitute the first road district and shall elect one supervisor; that the 825th and the 972nd and the 984th districts, G. M., known as Ball Ground, Doolittle, and the 8th, shall constitute the second road district and shall elect one supervisor; that the 1039th, the 1013th, and the 974th districts, G. M., known as Shuck Pen, McDonald, and the 10th district, G. M., shall constitute the third road district, and shall

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elect one supervisor; and that the 1110th, the 1713th and the 1506th districts, G. M., known as Alaculsy, Tenga, and Doogan, shall constitute the fourth road district, and shall elect one supervisor; provided, further, that each supervisor elected shall be a resident of the road district from which he is elected, and he shall be elected by the voters of the road district in which he resides. Road districts. SEC. 4. Be it further enacted, That when the four road supervisors have been elected, commissioned and each has given bond in a sum of not less than $3,000 to the ordinary as an indemnity against loss of road funds, and for the faithful performance of duty, that the ordinary shall qualify them by administering to them the oath of office required by other county officers, and, when thus qualified, they, with the ordinary, shall constitute a board of road supervisors for Murray County, and the ordinary shall be chairman of said board of supervisors. Bond and oath. SEC. 5. Be it further enacted, That the said board shall have the authority to levy taxes for roads and for the purchase of tools and other road machinery, and for all other purposes necessary for the building of roads, bridges, culverts, drains, and all other road work; and that the said board shall be the custodian of all road funds, and that the said board shall not divert any part of said road fund from the purpose for which it was levied. Tax levy. Road funds. SEC. 6. Be it further enacted, That the said board shall meet at the county court-house on the first Monday in each month for the transaction of business; that they shall have power to appoint road overseers, employ road builders, let contracts for roads, bridges and all other road work; that they shall enforce all the road laws and requirements for working the roads as is now prescribed by law; that they shall enforce the law pertaining to road defaulters, road tax, or road work in lieu thereof. Meetings. Powers and duties. SEC. 7. Be it further enacted, That each member of said board of road supervisors shall receive for each day of service $3.00 per day, but that he shall not receive during any one year any sum greater than $75.00 for such service,

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and that no member of said board shall take a contract to work the road, build bridges, or other road work, or receive any of the profits from contracts, directly or indirectly. Pay for services. SEC. 8. Be it further enacted, That the said board shall appoint a secretary who shall receive $3.00 per day for each day of actual service; that said board shall audit all claims against the road funds and cause the same to be paid; and shall publish once each quarter a statement of the receipts and expenditures of the road funds. Secretary. SEC. 9. Be it further enacted, That in case of a vacancy in the said board, by resignation or otherwise, the remaining members of the board are authorized to fill the vacancy by the election of a supervisor from the same district in which vacancy occurs; the said election to be held at a regular monthly meeting, and to be certified to the Governor by the ordinary for commission, and be it further enacted, that on all questions decided by the board, that the vote of three members, voting for or against, shall be decisive. Vacancy, how filled. SEC. 10. Be it further enacted, That the ordinary of the County of Murray shall call and advertise a special election in said county, to be held on the 15th day of September, 1917, as special elections are now called and advertised under the laws of this State, for the purpose of electing the first members of the board of supervisors of roads, bridges and road funds, created by this Act. All voters of said County of Murray qualified to vote for members of the General Assembly shall be qualified to vote in said election. The ordinary of Murray County shall consolidate the returns of said election, declare the result and certify same to the Governor, and the members elected shall hold office until the first day of January, 1919, and until their successors are elected and qualified and their successors in office shall be elected at the general election for State officials in 1918 and every two years thereafter, and their terms of office shall be for two years. Election of board members. SEC. 11. Be it further enacted, That the said board of

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supervisors shall assess and levy all the taxes for county purposes of Murray County, and shall disburse the same under proper vouchers for the purpose for which said tax was levied, and for no other purpose; said taxes to be levied at a regular meeting of the board, and said board shall also publish a statement of all tax levies and all expenditures of money, once each quarter in the newspapers of the county, and shall submit a report to the grand jury at the spring term of the superior court showing receipts and expenditures of all money and county funds, and business transactions had for and in the name of the county. Tax levies. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act the same be and they are hereby repealed. Approved August 17, 1917. MUSCOGEE NOMINATIONS BY PRIMARIES. No. 16. An Act to require all political parties in Muscogee County, Georgia, to nominate their candidate for county offices by primary elections; to fix as date for general county primary elections, in said county, same date as may be fixed for general State primary elections, and to provide for the same managers, clerks, officials, ballots and registration lists; to provide for fixing of dates of special county primary elections, in said county, and publication of notice thereof, and for registration lists therefor; to declare unlawful and invalid any nomination made other than in the manner prescribed by this Act; to define what is a political party within the meaning of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. That, from and after the passage of this Act, all political parties, organizations or associations, in Muscogee County, State of Georgia, shall nominate their candidates

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for all offices which are now, or which may hereafter be, elective by the people of said county, by primary elections; which said primary elections shall be held in each year in which there is to be a general election for county officers, on the same day in said year which may be fixed by the State or central executive committee, or other governing body of such political party, organization or association, for the holding of the primary elections of such party, organization or association, for the nomination of candidates for State House officers of said State; provided, however, that whenever any date may be fixed by law for the holding of the primary elections for the nomination of State House officers, by political parties, organizations or associations, said primary elections for the said County of Muscogee shall be held on the date so fixed by law. Nominations by primary elections. SEC. 2. The same managers, clerks or other officials designated or appointed to conduct said general State primary elections for the nominations of State House officers, of said State, shall officiate at and conduct said general county primary elections for the nomination of county officers; and the names of all candidates for said county offices shall be printed upon the official ballot to be used and voted at said general State primary elections; and it shall be the duty of the chairman or secretary or other executive officer of the executive committee or other governing body of the political party, organization or association holding such primary elections to furnish to the managers and clerks of such primary elections a sufficient number of copies of the official permanent registration lists of said county, as prepared and compiled by the board of registrars of said county, for the general State primary elections, as provided by the laws of this State; and no person shall be allowed to vote in said primary elections unless his name appears on said list, as being registered and qualified as required by the laws of this State. Managers and clerks. Ballots. Registration list. SEC. 3. All special primaries to nominate candidate or candidates for office or offices to be filled at special county elections in said county shall be held on such date, not less

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than two weeks previous to the regular special election, as may be fixed by the executive committee or other governing body of the political party, organization or association holding such special primary elections; and it shall be the duty of the chairman and secretary, or other executive officers of the county executive committee or other governing body of such political party, organization or association, to publish notice that such special primary election will be held once a week for two weeks in one or more newspapers having a general circulation in said county; and in all cases of such special primary elections in said county, it shall be the duty of the chairman, or secretary, or other executive officer or officers, of the county executive committee or other governing body of such political parties, organizations or associations in said county, to furnish to the managers and clerks of such special primary elections sufficient copies of the last official permanent registration list of said county, as supplemented under the provisions of section 61 of the Political Code of Georgia of 1910; and no persons shall be allowed to vote in said special primary elections unless his name appears on said list, as being registered and qualified as required by the laws of this State. [Illegible Text] SEC. 4. That it shall be unlawful for any person to be declared the nominee of any such political party, organization or association, for any of the offices of said county, elective by the people, unless such person shall have been nominated by primary election held on the date and in the manner prescribed by this Act; and any and all such nominations, not in accordance with this Act, shall be held and deemed to be invalid. Validity of nominations. SEC. 5. A political party, organization or association within said county, which, at the general election for State and county officers next preceding a primary, polled more than 25 per cent. of the entire vote cast at said election is hereby declared to be a political party, organization or association, within the meaning of this Act; and in determining the total vote of a political party, whenever required

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by this Act, the test shall be the total vote cast for the candidate of such political party, organization or association who received the greatest number of votes. Political party defined. SEC. 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. NEWTON COMMUTATION TAX. No. 159. An Act to amend an Act approved August 16th, 1913, being an Act to create the office of commissioner of roads and revenues for the County of Newton; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for the proper supervision of his acts and the auditing of his books; to repeal the Act approved February 27, 1877, 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 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 as referred to be and the same is hereby amended by adding after the word tax in section 14, line seven of said section, page 429, Acts 1913, and before the word expense, in said section and line and on said page, the following words, to wit, at the cost and, so that said section, when so amended, shall read as follows: Be it further enacted, That it shall be the duty of said commissioner to make out and keep in his office a list of all persons in Newton County subject to commutation tax, arranged according to the militia district in which they reside, and it shall be the duty of said commissioner to collect this commutation tax from all persons subject to said tax at the cost and expense to the county, and the funds received from this source shall be kept separate from

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all other funds, and shall be disbursed as prescribed by this Act. Act of 1913 amended. Read. Commutation tax; list, etc. 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 18, 1917. NEWTON COMMUTATION TAX COLLECTION. No. 176. An Act to provide for the collection and expenditure of commutation taxes by militia districts of Newton 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 January 1, 1918, the date on which this Act shall take effect, that all taxes in said County of Newton, known as commutation taxes, shall be collected in each militia district by three freeholders in each militia district in which they reside, elected for that purpose by the qualified voters of each district, and that said taxes when so collected shall be expended by said commission upon the public roads of each district in which said taxes shall be collected. Collection of commutation tax. SEC. 2. Be it further enacted, That the manner and the time of collection of said taxes, and their expenditures upon the public roads as aforesaid, shall be discretionary with the said commissioners. Discretion of commissioners. SEC. 3. Be it enacted by the authority aforesaid, That when the said money is collected it shall be paid into the treasury, and only paid out of the treasury upon a warrant signed by two or more commissioners. This money shall be paid out for work and improvements only done on the roads, except that the commissioners in their discretion can buy for, and place in the houses for holding justice courts in each of their said district for the purpose of making it comfortable in the winter months. Payments.

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SEC. 4. Be it further enacted by the authority aforesaid, That in the year in which road construction by the county authorities as present operated shall be at work upon the roads upon a particular militia district, then said commissioners shall not disburse said taxes, but shall turn over all sums collected for that year to the county commissioners who shall disburse the same according to his authority under the laws governing the public works of said county. Disbursements, when made. SEC. 5. Be it further enacted by the authority aforesaid, That the said commissioners shall have authority to assess the amount of said commutation taxes, provided that the amount so assessed shall not exceed the sum of three dollars per capita per annum of all liable for said taxes, and, as compensation for services, said commissioners shall be paid the sum of one dollar per month for each commissioner, said sum to be paid from the commutation tax fund collected by them. Amount assessed. SEC. 6. Be it further enacted, That the election of said commissioners shall be held at the place of holding justice courts in each militia district, and that said election shall be held on the first Saturday in November each year, the first on the first Saturday in November, 1917. Term of office shall be for two years beginning January 1, 1918. Election of commissioners. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 18, 1917. NEWTON TREASURER'S SALARY. No. 240. An Act to amend an Act to fix the salary of the Treasurer of Newton County and to provide for the payment thereof, and for other purposes; Georgia Laws 1915, page 320, No. 166, approved August 16, 1915. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of the same, That said Act be amended as follows: By striking the word but of the ninth line of section one of said Act and after the word office in the eighth line thereof, so that section, when so amended, shall read as follows: 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, 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 ($600.00) dollars per annum, for his services as such treasurer, and he shall not receive any fees, commissions, or other perquisites from said office, except the commissioner of roads and revenues of said county shall and is hereby authorized to pay the premium on the bond required by law to be given by said treasurer out of the general county funds, which, together with the salary above provided, shall be in full for all services rendered by him as such treasurer. Act of 1915 amended. Salary instead of fees. Bond premium. 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 20, 1917. OCONEE BOARD OF COMMISSIONERS CREATED. No. 179. An Act to create a board of commissioners of roads and revenues for the County of Oconee; to provide for the members thereof and for their removal from office; to define their duties, powers and jurisdictions; to provide for their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that a board of commissioners of roads and revenues for the County of Oconee, in the State of Georgia, is hereby created

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and established, said board of commissioners of roads and revenues to consist of three male citizens of said county, who are freeholders and who are eligible and are qualified to vote for members of the General Assembly of the State of Georgia, all of said commissioners to be elected by the qualified voters of the County of Oconee as hereinafter provided. Board created. SEC. 2. Be it further enacted, That all of said commissioners shall be elected by the qualified voters of the County of Oconee at an election called by the ordinary of said county to be held for said purpose on the first Tuesday in November, 1917, and all voters of said county eligible and qualified to vote for members of the General Assembly of the State of Georgia shall be qualified to vote in said election. One of the three commissioners elected at said election shall be elected as chairman of said board of commissioners of roads and revenues, and the one who receives the greatest number of votes for this position on said board shall be elected to the chairmanship of said board, and at the election held for the election of said commissioners the voters voting at said election shall, and do have the right to, designate upon the tickets cast by said voters their choice for the chairmanship of said board, and, when so designated and cast, same shall be so counted, but no voters shall designate but one of the three voted for as chairman. In the election so held the persons receiving the greatest numbers of votes shall be declared elected, and the one member of chairmanship of those elected shall be declared elected chairman of said board and said chairman shall hold his office as chairman of board of commissioners of roads and revenues of said county for two years and until his successor is elected and qualified unless removed for cause as hereinafter provided. The other two members of said board shall hold office for two years and until their successors are elected and qualified, unless removed for cause as hereinafter provided, the term of each to commence on the first Monday in January, 1918, and to continue as follows: The chairman of said board to hold for two years and until his successor is elected and qualified and the other two members

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for two years and until their successors are elected and qualified, it being understood that an election for county commissioners shall be held every two years, to wit: the first one to be held on the first Tuesday in November, 1917, and on the first Tuesday in November every two years thereafter. No voter shall have the right to vote for more persons than are to be elected in the election held but shall vote for that many persons. Election of commissioners. Chairman. Terms of office. SEC. 3. Be it further enacted, That said commissioners are to take charge of their offices on the first Monday in January, 1918, and it shall be the duty of the county authorities now in charge of the matters turned over to and devolving upon said commissioners of roads and revenues to deliver to them all of the books, records, and property of the county at said time and thereafter said board of commissioners of roads and revenues of Oconee County shall hold and exercise all the authority vested in them by this Act. Chare of county matters. SEC. 4. Be it further enacted, That said board of commissioners of roads and revenues, when chosen and organized as herein provided for, shall hold regular meetings on the first Tuesday in each month thereafter and a majority of same shall be a quorum. They shall publish monthly records of their expenditures and disbursements and of the county's general status and their report shall not be in ledger balances, but plain statements of what moneys received and from what source and how expended, and expressed so that any man of average experience can understand what they mean and what has been done with the county's money, and the board at the same time shall publish a full statement of how much money the county owes, and to whom. Meetings. Publication of statements. SEC. 5. Be it further enacted, That all vacancies occurring on said board shall be immediately reported to the ordinary of Oconee County, and said ordinary shall immediately call an election to fill said vacancy. Vacancies. SEC. 6. Be it further enacted, That said members, when elected, shall be commissioned by the Governor of the State

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of Georgia and shall before entering upon the discharge of the duties of said office take and subscribe the following oath of office before the ordinary of Oconee County, Georgia, which oath shall be recorded on the minutes of the court of ordinary (which oaths shall be in addition to the oath provided by law for all civil officers of this State), to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Oconee County, and in all matters which require my official action, to the best of my knowledge and skill; I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God. Commissioned by Governor. Oath of office. SEC. 7. Be it further enacted, That said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special, in establishing and changing militia districts and election precincts, in examining and auditing and settling accounts of all officers having the care, management, correction, keeping and distribution of moneys belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering and abolishing roads, bridges and ferries, in carrying out any and all of its details and enforcement of the road law; and are vested with the jurisdiction that the old inferior courts had, which have not been vested in the courts of ordinary, when sitting for county purposes. Jurisdiction SEC. 8. Be it further enacted, That said board shall keep, or cause to be kept, a permanent record of all its actings. Record. SEC. 9. Be it further enacted, That the chairman of said board of commissioners of roads and revenues shall be exofficio superintendent of the public roads of Oconee County and shall superintend and direct the workings of the public roads. He shall be required to devote his whole time and attention to the duties of his said office. That he shall be the chief manager of the affairs of said county that are within the jurisdiction of said board of commissioners acting as its executive officer; he shall make all contracts and

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do all the buying for said board; he shall superintend and direct all the work being done by the county chain-gang, or hired labor upon the public roads or holdings of Oconee County. He shall discharge all the duties of the board of commissioners during the interim between the dates of the board's meetings, it being understood that his conduct is not to be arbitrary, but that his duties will be performed with judgment and discretion. That said chairman shall be ex-officio clerk of said board of commissioners and be required to keep all of its books and records. In the event said chairman uses a horse in pursuance of his duties as ex-officio superintendent of roads and revenues of Oconee County, the feed of said horse shall be paid for by the county. In the event said chairman should use an automobile in pursuance of his duties as ex-officio superintendent of roads and revenues, then the gasoline and oil shall be paid for by Oconee County. The chairman of said board of commissioners of roads and revenues of Oconee County shall give bond, payable to and approved by the ordinary of Oconee County, in the sum of two thousand dollars ($2,000.00) for the faithful discharge of the duties of this office, and the other two commissioners shall give bond, payable to, and to be approved by the ordinary of Oconee County, in the sum of five hundred dollars ($500.00) for the faithful discharge of the duties of this office. Chairman's duties and powers. Bond. SEC. 10. Be it further enacted, That should said board fail or any member thereof fail or refuse to comply with any of the terms of this Act with reference to the qualifications, giving of bond, and publishing the records of same, and its acts and doings, and the status of said county for as many as two months, that his or their office shall be declared vacant when twenty-five freeholders of said county present the facts to the judge of the superior court and he finds that said fact, or facts, are true. Failure in duty. SEC. 11. Be it further enacted, That said board or any member thereof shall not hire to, or contract with, said board or any member thereof for any work to be done, or supplies to be furnished said county, and the penalty for so doing shall be as provided in section ten. Contracts forbidden

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SEC. 12. Be it further enacted, That the chairman of said board of commissioners of roads and revenues be paid the sum of one thousand dollars ($1,000.00) per year for his services, and the salaries of the other two members of said board of commissioners of roads and revenues shall not exceed sixty dollars ($60.00) each, per year, for their services. Pay for services. 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 18, 1917. POLK TREASURER'S SALARY AND BOND. No. 78. An Act to amend an Act fixing the compensation of county treasurer of Polk 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 section 1 of the Act referred to, approved August 18, 1915, be and the same is hereby repealed. Act of 1915, sec 1, repealed. SEC. 2. Be it further enacted, That this section be and the same is hereby created in lieu of said section 1, and shall read as follows: That from and after the first day of January, 1918, the salary or compensation of the county treasurer of Polk County shall be three hundred dollars ($300.00) per annum. Salary fixed. SEC. 3. Be it further enacted, That section 2 of the Act referred to be amended by adding immediately after the words, available for county purposes, the following: provided, however, that the county treasurer may make a personal bond, and in that event, he shall be entitled to be paid by the County of Polk out of any funds of the county available for county purposes the amount of the premium that would be due and payable to the surety company, if his bond had been made by a surety company, so

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that said section 2, when so amended, shall read: 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; provided, however, that the county treasurer may make a personal bond, and in that event he shall be entitled to be paid by the County of Polk out of any funds of the county available for county purposes the amount of the premium that would be due and payable to the surety company if his bond had been made by a surety company. Act of 1915 amended. Read. Bond premium. SEC. 4. 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 10, 1917. SUMTER TREASURER'S SALARY AND BOND. No. 76. An Act to fix the compensation, or salary, of the treasurer of Sumter County in lieu of commissions or other compensation now received by him; to provide how said salary shall be paid; to define the duties of said county treasurer; to provide when this Act shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, and annually thereafter, the treasurer of Sumter County, Georgia, shall receive, as full compensation for his duties and in lieu of any and all fees, commissions or emoluments whatsoever now received by him, an annual salary of twelve hundred ($1,200.00) dollars, payable in monthly installments of one hundred ($100.00) dollars per month, at the end of each calendar month, out of the funds of the county. Salary fixed. How payable.

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SEC. 2. Be it further enacted by the authority aforesaid, That the premium on the bond of said treasurer may be paid out of the county funds of said county, in addition to the compensation fixed in section one of this Act, in the event said treasurer elects to give bond furnished by a fidelity guarantee bonding company, said bond to be approved in the same manner and in the same amount as is now provided by law. Premium on bond. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1918, the treasurer of Sumter County, Georgia, shall, in addition to the duties now required of him by law, be ex-officio clerk of the board of commissioners of roads and revenues of Sumter County, Georgia, and shall do and perform all the clerical work of said board, and shall receive no fees or compensation for such work in addition to the salary fixed by section one of this Act. Duties as clerk of commissioners. 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 7, 1917. TATTNALL COMMISSIONERS AND CLERK. No. 126. An Act to amend an Act approved July 31, 1915, known as Tattnall Board of Commissioners Created, by striking the whole of section 20 of the said Act as written, to wit: Be it enacted by the authority aforesaid, That the said commissioners shall not neglect any public roads in said county, nor refuse to keep up any road that they have built, and they shall not build more roads in one section of the county than in the other, and the work of the convicts and the road and bridge funds shall be justly and equitably distributed over the county, and inserting in lieu thereof the following words, making a new section, to wit:

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SECTION 20. Be it further enacted by the authority aforesaid, That each of the said three commissioners shall receive and take charge of the said convicts for the purpose of working the public roads in his respective road district for the term of four months and shall work same therein during the said period of time, beginning first with the first road district; next with the second road district and last, with the third road district. Provided, however, for providential cause or causes, if it shall become necessary to temporarily remove the said convicts from one road district to another road during any calendar year, same may be done by an order of the said county commissioners, and the said convicts may be temporarily removed and worked in another road district of the said county. Provided, further, however, if this removal be made, the time lost to any road district of said county shall be justly and equitably divided among the said several road districts by said commissioners, each road district bearing its pro rata part of the said lost time caused by providential cause or causes. Each of the said county commissioners in working the said convicts shall work them so as to prove most advantageously to the people of the said road districts and to all the people of the said county; and all of the said county commissioners are hereby required to see that the said work is so done and to issue such orders as may be necessary to carry into effect this purpose. Act of 1915 amended. Road work by convicts. The said commissioners are hereby required to divide the said road and bridge funds available to them equitably in each of the said road districts so that the said funds may be justly and properly distributed over each road district, and thereby over the county as may be right and proper for the common good of the people. Road and bridge funds. Further amend the said Act, by the authority aforesaid, by striking from section 15 of the said Act the words, of thirty dollars, and inserting in lieu thereof the words, not to exceed the sum of fifty dollars, so the said section, when so amended, shall read as follows: Further amendment. SECTION 15. Be it further enacted by the authority

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aforesaid, That the 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. Compensation for services. The said commissioners shall elect a clerk of the 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 inspection to 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 to him by the 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 an amount not to exceed the sum of fifty dollars a month, and this shall include his salary and all expenses connected with his duties, and it shall be the duty of said clerk of said county commissioners to purchase for all county officers of said county such furniture, fixtures and supplies as they may need, and the necessity for the same to be determined by the respective county officers. Said clerk shall not be a member of the said board of commissioners. Clerk. Duties. Pay. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. TATTNALL COUNTY WARDEN'S SALARY. No. 128. An Act to amend an Act approved July 31, 1915, known as Tattnall Road Law Adopted, by striking from section 12 of the said Act the words, one hundred dollars a month, and inserting in lieu thereof the following

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words: The county warden in charge of the convicts shall not receive more than one hundred and twenty-five dollars a month as his salary, and nothing else as added expenses, so that the said section, when so amended, shall read as follows: SECTION 12. Be it enacted by the authority aforesaid, That the county warden in charge of the convicts shall not receive more than one hundred and twenty-five 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. Salary without expenses. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. THOMAS COMMISSIONER'S DISTRICT ADDED. No. 154. An Act to amend the Act approved August 17, 1911, amending Act of December 21, 1898, and Acts amendatory thereof, creating a board of commissioners of roads and revenues for the County of Thomas, increasing the number of commissioners from seven to eight and the number of commissioner's districts from five to six; to provide for the election of a commissioner from the additional district; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act recited in the caption to this Act, which is found in the printed Acts of General Assembly of Georgia, pages 501-503, and numbered 125, approved August 17, 1911, be and the same is hereby amended by creating a new and additional commissioner's district to be known as No. 6 and to consist territorially of the Meigs district, G. M., of said county, heretofore being now a part of commissioner's district No. 3, from which district so established one commissioner shall be elected hereafter in the manner as hereinafter provided for the purpose of this Act,

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it being to increase the number of commissioner's districts from five to six and the number of commissioners from seven to eight in manner and purpose as now provided by said Act. Act of 1911 amended. Additional district No. 6. SEC. 2. That district three, as provided in said amended Act, shall hereafter consist of the Ochlochnee district, G. M., only, and the commissioner now in office from said district shall remain in office until the expiration of his present term of office, after which his successor shall be elected as now provided by law from said district. District No. 3. SEC. 3. Be it further enacted, That a commissioner from the said additional district No. 6 shall be elected by the commissioners now in office at their regular meeting in September, 1917, to serve until January 1, 1919. His successor shall be elected, for the same term in the same manner as the other members of said board are elected, at the next general election in 1918. Election of commissioner. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this act are hereby repealed. Approved August 18, 1917. TIFT COMMISSIONER'S OFFICE ABOLISHED. No. 31. An Act to repeal an Act creating the office of commissioner of roads and revenues for the County of Tift, and for other purposes, approved August 13, 1915, and an Act amendatory thereof, approved August 19, 1916, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to create the office of commissioner of roads and revenues for the County of Tift, and for other purposes, approved August 13, 1915, and an amendment thereto, approved August 19, 1916, be and the

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same are hereby repealed and the said office of county commissioner in and for the County of Tift as created by said Act and said Act amendatory thereof is hereby abolished; provided, nevertheless, that this Act shall become effective on and after the first day of September, 1917. Acts of 1915 and 1916 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 7, 1917. TIFT BOARD OF COMMISSIONERS CREATED. No. 74. An Act to create a board of commissioners of roads and revenues in and for the County of Tift, consisting of three members; to define their qualifications, powers and duties and to provide for their compensation; to prescribe their terms of office, the manner of their election and the manner in which vacancies shall be filled; to provide for the division of the County of Tift into three road districts and that one member shall be elected from each district by the voters of said district; to prescribe the manner in which the public roads in said county shall be graded and worked; to provide for a superintendent of roads and bridges of said county; to define his qualifications, powers and duties and provide for his compensation; to provide for a repair gang to repair the public roads of said county; to provide for a superintendent for same and for his compensation; to provide for competitive bids in the purchase of supplies for said county and in making contracts for work and to provide a penalty for failure to comply therewith; to provide for a clerk for said board, prescribe his powers and duties and provide for his compensation; to provide when this Act shall become effective, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by authority of the same, That a board of commissioners of roads and revenues in and for the County of Tift be and the same is hereby created, consisting of three members who shall be freeholders and qualified voters of said county and men of good practical business experience, each of whom shall reside in the road district from which he shall be elected as hereinafter provided. Board created. SEC. 2. Be it further enacted, That the County of Tift shall be divided into three road districts, composed of the following militia districts of said county, to wit: district number one to be composed of the Tifton and Eldorado militia districts; district number two to be composed of the Chula, Brighton and Brookfield militia districts, and district number three to be composed of the Ty Ty, Dosia and Omega militia districts. That one of the three members of the board of commissioners of roads and revenues hereby created shall be a resident of each of said districts of said county and that each commissioner shall be elected only by the qualified voters of the district of his residence and that only one commissioner shall be elected from each district, and that only one commissioner shall reside in any one district, and if a commissioner shall move out of his district, his office shall become vacant and shall be filled in the same manner as hereinafter provided for filling vacancies occurring on account of death or resignation. Road districts. Commissioners; election, etc. SEC. 3. Be it further enacted, That the ordinary of the County of Tift shall call and advertise a special election in said county to be held on the 29th day of August, 1917, as special elections are now called and advertised under the laws of this State, for the purpose of electing the first members of the board of commissioners 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 voting precincts of said county. All voters of said County of Tift qualified to vote for county officials shall be qualified to vote in said election but shall vote only for a candidate from his respective road district for membership on said

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board of roads and revenues as set out of section 2 of this Act. That the expenses of such election shall be paid out of the general funds of said county. Said ordinary shall consolidate the returns of said election and declare the results as hereinafter provided and the persons elected shall take office the Monday next following the declaration of such result and shall hold office until the first day of January, 1919, and until their successors are elected and qualified. Special election to be called. SEC. 4. Be it further enacted, That the successors of the members of the board of commissioners of roads and revenues to be elected at the special election provided for in section 3 in this Act shall be elected at the general election for State-house officers in November, 1918; that the term of office of the three commissioners elected in November, 1918, shall not be of even length, but they shall draw for their terms, to wit: two for a term of two years and one for a term of four years, to begin on the first day of January, 1919, and they shall be commissioned for the terms thus drawn by them, respectively, and until their successors are elected and qualified; that at the general election held biennially next preceding the expiration of office of the commissioner residing in any road district, a successor shall be elected by the qualified voters of such district and the person so elected must be a resident of such road district, as aforesaid, and who shall be elected and commissioned for a term of four years, and until his successor is elected and qualified. Election of successors. SEC. 5. Be it further enacted, That all vacancies in membership of said board of commissioners occurring in less than six months of the expiration of such term of office shall be filled by appointment of a duly qualified person resident of said district by the ordinary of said county and such appointee shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified; that all vacancies occurring in the membership of such board more than six months before the expiration of the term of office shall be filled by a special election in said road district, called by the ordinary of said county in the same manner as in the case to

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fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified. The expenses of any such special election shall be paid out of the general funds of said county. Vacancies in office. SEC. 6. Be it further enacted, That the returns of all the elections, both general and special, held under this Act shall be made to the ordinary of said County of Tift at noon on the day following the election at the court-house of said county. Said ordinary shall thereupon consolidate the returns of said election for the militia districts composing each of the three road districts, numbers one, two and three, respectively, as above set out, separately, and declare the person receiving the highest number of votes in each respective road district duly elected a member of said board of commissioners of roads and revenues in and for the County of Tift, for each of said road districts, respectively, and shall certify the result of said election to the Governor of this State, giving the names of the person or persons so elected and stating the term for which each of said commissioners has been elected. Returns of elections. SEC. 7. Be it further enacted, That said commissioners shall be each commissioned by the Governor for the term of office for which he shall be elected or appointed, as the case may be, and each shall before entering upon the duties of his office take and subscribe, in addition to the oath provided by law for all civil officers of this State, the following oath, to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Tift County, and in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God. Commissioned by Governor. Oath. SEC. 8. Be it further enacted, That the board of commissioners of roads and revenues of Tift County hereby created shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the

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working of convicts, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection and maintenance of public buildings, the supervision over and control of and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries of this State in counties where there exists no board of roads and revenues. That said board of commissioners shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State when sitting for county purposes prior to the Constitution of 1868, and shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the ordinaries of this State in counties where there exists no board of roads and revenues, when sitting for county purposes, as aforesaid, and shall have the right and power to summon parties or witnesses before them and shall have the power to punish for contempt by fine or imprisonment in the same manner as the courts of ordinary of this State; that the sheriff of said county, or his deputy, may be required to attend upon the meetings of said board, and shall serve all writs, subp[oelig]nas, or other process of said court, and said sheriff shall receive for such service the same compensation as is provided by law for like service in the superior court. Jurisdiction SEC. 9. Be it further enacted, That said board of commissioners shall hold their regular sessions on the first Monday of each month in the court-house of said county, and may adjourn from day to day until their business is finished; and extra session may be held at any time on the call of the chairman or any two members of the board when in the judgment of the board the interests of the county demand it; that at the first meeting of said board after the special election provided for after the creation of this board and at the first meeting in January following the general election at which a new member or members shall have been elected, said board shall organize by electing one of their number chairman. Said board may make such

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rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute book kept for such purpose, a book of receipts and disbursements, a general ledger and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all the transactions of said county. Sessions of board. Organizations, chairman, rules, etc. SEC. 10. Be it further enacted, That except in cases of emergency, where the expenditure does not exceed the sum of twenty-five dollars, no purchase of supplies or material nor contracts for work for said county shall be made by said board until after due advertisements for bids therefor at either public outcry or by sealed bids, by keeping such advertisements on file at least one week on regular files provided therefor for the inspection of the public in the office of said board and also in the office of the ordinary of said county and by such other advertisement as said board may deem advisable in any particular case. All sealed bids shall be addressed to the clerk of said board and shall be kept by said clerk in the office of said board until the time specified in said advertisement when they shall be opened in open court and the contract shall be let to the lowest bidder, quality and material being considered. In all public advertisements for lowest bids for supplies or contract work, said commissioners shall reserve the right to reject any and all bids made when it should appear that the best interests of the county require such rejection. Purchases of supplies. SEC. 11. Be it further enacted, That no members of said board of commissioners, or any one employed or elected by them, shall receive, directly or indirectly, any commission,

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gift or any other thing of value in connection with the sale or purchase of any article sold to or bought from the County of Tift, or receive any rebate, expense account, transportation or other valuable consideration in connection with such purchase or sale, or in the awarding of any contract for said county, or in the employment of any one whose salary is to be paid from the funds of said county; and no member of said board or any one elected or employed by them, or any firm of which he may be a member, or any corporation in which he may own stock or by which he [Illegible Text] be related in the third degree of consanguinity or affinity, shall sell anything to said county, either directly or indirectly, unless such supplies or material to be furnished shall be let at public outcry or by sealed bids to the lowest bidder, after due advertisement as hereinbefore provided. [Illegible Text] violation of any of the above provisions of this Act shall be [Illegible Text] as for a misdemeanor under the Penal Code of the State of Georgia, and a person so convicted shall be dismissed from office. Forbidden acts. Penalty. SEC. 12. Be it further enacted, That said board shall elect a clerk for said board for a term of one year and fix his salary. Said clerk shall keep the books of said board and make a record of all the acts and doings of said board in a minute book kept for such purpose, and also all other records and accounts of said board, and perform such other acts and duties as may be required by said board, not inconsistent with the provisions of this Act or the laws of this State. Said board [Illegible Text] if it deems advisable, require said clerk to give a bond with good security in such sum as said board may deem proper, which said bond shall be payable to the chairman of said board and his successors in [Illegible Text] and shall be duly recorded on the minutes of said board. Clerk. Bond. SEC. 13. Be it further enacted, That the chain-gang employed in working the roads of Tift County shall not be divided into two or more camps and shall not be divided into such small work-gangs as to unnecessarily increase the cost of guarding them, but shall be kept in one camp and worked in such gangs as to reduce the cost of guarding

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them to the minimum, which will secure the greatest amount of work with the least cost to the county; and that such chain-gang shall also be so employed in working the public roads of said county as to require said chain-gang to work in each of the road districts of said county for such length of time each year as the total number of miles of public road in said county. Chain-gang. SEC. 14. Be it further enacted, 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 Tift (who shall also be the convict warden of said county), who shall have charge and supervision of the chain-gang of said county and of the construction and maintenance of all the roads and bridges of said county (except such work as said board may have done by special contract, or by the repair gang herein provided for), under the general supervision of said board. He shall also be subject to removal by said board of commissioners for incompetency, inefficiency, neglect of duty or immorality. He shall be a practical road builder, skilled in the building of sand-clay roads and in doing any and all work necessary in the construction of bridges and in grading and repairing roads under conditions existing in said county. He shall prescribe the manner in which the convicts and road machinery shall be employed and how the work shall be done in building and grading roads, which he shall do in accordance with the general plans, specifications and requirements prescribed by said board. He shall devote his entire time to the duties of his office and shall not engage actively in any other business which will interfere with the duties of his office. Said superintendent shall not buy supplies or material but shall make requisition upon said board for all supplies and material needed for the maintenance of the chain-gang and for the road work of said county at least ten days before the regular monthly meeting of said board; provided, however, said superintendent may purchase vegetables and other perishable foods from farmers of said county as may be authorized by said board. He shall receive a salary fixed by said board of commissioners

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and before entering upon the performance of the duties of his office he shall execute and deliver to said board a good and solvent bond in the sum of $1,000.00, payable to the chairman of said board and his successors in office, for the faithful discharge of the duties of his office, which said bond shall be duly recorded upon the minutes of said board and filed in said office. Superintendent of roads and bridges; his duties, etc. SEC. 15. Be it further enacted, That, in addition to the chain-gang employed on the roads of said county, said board shall establish a repair gang composed of free labor and equipped with proper road machinery for dragging and repairing roads and repairing bridges and consisting of as many men as may be needed to keep the public roads of said county in a good state of repair. Said repair gang shall not be employed in grading new or old roads, but shall be employed exclusively in repairing roads and shall keep the public roads of said county, whether graded or ungraded, in a good state of repair and shall work on the public roads throughout the county as needed without regard to road district lines. Said board shall appoint a superintendent for said repair gang, who shall be a practical road builder and repairer of roads, and shall fix his salary and the term of his office, and may dismiss him from office for incompetency, inefficiency, neglect of duty or immorality. Said board may, if it deems it advisable, place the repair gang and the superintendent thereof, herein provided for, under the general supervision and control of the superintendent of roads and bridges of said county, and in that case he shall have the right to employ the superintendent of said repair gang and to dismiss him from office upon proper cause; but if in the opinion of said board such duties shall cause said superintendent of roads and bridges to neglect his duties in building roads, they shall relieve him of such repair work. Road work. SEC. 16. Be it further enacted, That said board shall in regular or special session with all members of the board present make general plans, specifications and requirements prescribing the manner and style in which all the public roads of the county shall be constructed, which shall

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be uniform for all the roads of the county, and such plans, specifications and requirements shall not be modified or changed in any particular, except on the action of the whole board in like manner as the same were adopted. Said board shall furnish the superintendent of roads and bridges with a copy of such plans, specifications and requirements thus adopted by them, and shall hold him strictly responsible for the character and quantity of the work done, and upon the failure of said superintendent to build a reasonable quantity of roads of the prescribed character within a given time without good cause shown, said board shall dismiss him from office. Said board shall in like manner prescribe general plans, specifications, and requirements governing the repair work of the county, and which in like manner may not be changed, except on the action of the whole board, and shall deliver a copy of the action thereof to the superintendent of the repair gang of said county, and shall require him to repair the roads of the county in accordance therewith, and on the failure of said superintendent to repair a proper amount or quantity of said public roads, in manner prescribed, within a given time without good cause shown, said board shall dismiss him from office. Plans and specifications. SEC. 17. Be it further enacted, That all warrants drawn on said county shall be signed by the chairman of said board of commissioners and countersigned by one of the other commissioners before being paid by the treasurer or depository of said county, and all said warrants shall be duly numbered and shall show for what purpose and on what fund drawn. The chairman of said commissioners shall give a bond in the sum of $5,000.00 in a good and solvent fidelity and guaranty company, payable to the ordinary of said county and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of said ordinary as the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Warrants. Bond of chairman. SEC. 18. Be it further enacted, That the board of commissioners shall have the right and authority to employ a

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county attorney when necessary, his compensation to be fixed by the board and paid from county treasury. Attorney. SEC. 19. Be it further enacted, That members of said board of commissioners of roads and revenues shall each receive as their compensation, a salary as three hundred dollars ($300.00) per annum, and they shall receive no other compensation of any kind whatsoever. Said salaries shall be paid from the county treasury in monthly installments and warrants drawn on the treasurer or depository, as in the case of other claims against said county. Salaries of Commissioners. SEC. 20. Be it further enacted, That said board shall publish quarterly reports within fifteen days from the expiration of each quarter, taking the calendar year as a basis, once each in the official gazette of said county and also in a daily paper, if there be one published in said county, containing a full and complete statement of the finances of said county during the preceding quarter, and showing all receipts and from what source derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be made in such manner and form as to plainly show the revenues of the county as well as the cost of the county government in every branch. Reports to be published. SEC. 21. Be it further enacted, That said board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at each term of the superior court of said county, a copy of which report shall be kept on file in the office of said board. Their office shall be subject to an examination by the grand jury, their committee, or any person whom they may specially empower to report to the same or a succeeding grand jury, who shall submit in writing the condition of such office and the books and files thereof, and specify any neglect of duty or anything done wrongly or corruptly by such board or any member thereof. Financial statements to grand jury. SEC. 22. Be it further enacted, That a majority of members of said board shall constitute a quorum for the transaction of all business and that a majority of the board must

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concur in order to pass an order, or to let any contract, or to grant or allow any claim against the county; and their acts on all such matters shall be duly entered on the minutes of said board. Quorum of board. SEC. 23. Be it further enacted, That no person shall be eligible to be a member of said board of commissioners unless such person shall have been a citizen of Tift County for two years immediately preceding his election. No member of said board of commissioners shall be eligible to hold any other county office while a member of such board. Effective to board. SEC. 24. Be it further enacted, That the provisions of this Act, except those portions thereof providing for a special election to elect the first board of commissioners as herein provided, shall not be operative and effective until from and after the first day of September, 1917. Effective when. 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 9, 1917. TIFT TREASURER, ELECTION AS TO. No. 202. An Act to submit to the qualified voters of Tift County the issue as to whether or not the office of county treasurer in and for the County of Tift shall be created, and said treasurer be placed upon a salary, giving bond in some good and solvent guarantee company; to provide the method of payment of said salary and yearly bond premiums, and to provide for said election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That there shall be submitted to the qualified voters of Tift County at an election to be called by the ordinary of Tift County on the 29th day of August, 1917, under the law governing

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special elections, and to whom the returns thereof shall be made, and by whom the vote shall be consolidated and declared as other special elections under the laws of Georgia. All ballots used at said election shall have written or printed thereon the following: A. In favor of creating the office of treasurer of Tift County. B. Against creating the office of treasurer of Tift County. And the electors voting in said election shall strike one or the other of said terms, so as to express a choice upon said issue, and the result declared in favor of that side of the issue for which a majority of the votes cast in said election are found to be polled. Election as creating office. SEC. 2. Be it further enacted by the authority aforesaid, That if the result of said election be found and declared in favor of creating the office of county treasurer for Tift County, said office shall be declared established and created as of January 1, 1918, and the ordinary of said county shall, as provided by law, call a special election to fill said office. Result. SEC. 3. Be it further enacted by the authority aforesaid, That if the result of said election hereinbefore provided, to be held in Tift County, shall be in favor of establishing and creating the office of treasurer of Tift County, that beginning January 1, 1918, the treasurer of Tift County shall receive a salary of $600.00 per annum, payable monthly, $50.00 per month, said salary to be paid out of the funds in the hands of the treasurer. Salary. SEC. 4. Be it further enacted, That beginning January 1, 1918, the premium on the treasurer's bond shall be paid from the funds of the county treasury, in addition to the compensation fixed in section 3 of this Act, and that the treasurer of Tift County shall receive no further compensation, fees, or commission other than herein provided. Bond premium. SEC. 5. Be it further enacted, That the treasurer elected at the special election herein provided for shall hold office until the first day of January, 1921, and until his successor is elected and qualified and that the successors to said treasurer

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shall be elected at the same time and for the same length of time as other county officers. Term of office. 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 20, 1917. TOOMBS; BOARS AND BULLS TO BE ENCLOSED. No. 208. An Act to prohibit the running at large in Toombs County, Georgia, of any bull or boar hog over the age of four months; to prescribe a penalty for the violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of every person, firm, or corporation in Toombs County, Georgia, owning a boar hog, or bull not registered, of more than four (4) months old, to enclose said animal in some enclosure so as to prevent said animal from running at large. Animals not to run at large. SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of the preceding section shall be guilty of a misdemeanor. Penalty. 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 20, 1917. TWIGGS COMMISSIONERS; AMENDING ACT. No. 138. An Act to amend an Act approved August 10th, 1915, entitled an Act to create a board of commissioners of

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roads and revenues for the County of Twiggs, by striking sections two and three thereof and inserting in lieu thereof sections providing for the time and manner of election and terms of office of said commissioners; by fixing the term of office of the present commissioners; by fixing terms of office of their successors; by providing for the qualifications of said commissioners, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 10th, 1915, entitled an Act to create a board of commissioners of roads and revenues for the County of Twiggs be and the same is hereby amended by striking sections two and three thereof and inserting in lieu thereof the following sections, to wit: Act of 1915 amended. SEC. 2. Be it further enacted, That in accord with the general policy of the State as to county officers, the terms of office of said commissioners shall be four years and said commissioners shall be elected at the same time and in the same manner as other county officers; provided, that the commissioners now in office shall hold office until the expiration of their present terms and until their successors are elected and qualified at the next succeeding election for county officers after the expiration of their present terms, respectively; that is to say, the terms of the present commissioners shall not be reduced but they shall hold office until the expiration of their full terms as now provided by law and their successors are elected at the next succeeding election for county officers after the expiration of their several terms; thereafter their successors shall be elected for the term of four years at the same time and in the same manner that other county officers are elected; that is to say, Commissioner F. J. Ray shall hold his office until the expiration of his present term of office and until the first day of January 1921, and until his successor is elected and qualified, said election to be held at the same time and in the same manner as the election for other county officers to be held in the year 1920; Commissioner

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T. S. Tharpe is to hold his office until the expiration of his present term and until his successor is duly elected and qualified, said election to be held at the same time and in the same manner as the election for other county officers to be held in the [Illegible Text] 1920, the term of said Commissioner [Illegible Text] being hereby extended to the first day of January, 1921: Commissioner Linton Hatcher shall hold his office until the expiration of his present term of office on the first day of January, 1923, and until his successor shall be elected and qualified, said election to be held at the same time and in the same manner as the election for other county officers in the year of 1924; it being the intent and purpose of this section that the county shall be saved the expense of a special election for this one office. Terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioners shall be residents of said County of Twiggs for at least two years next preceding the date of their election and shall be freeholders of said County of Twiggs and qualified to vote for members of the General Assembly of the State of Georgia. Eligibility of commissioners. 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 18, 1917. WALKER BOARD OF COMMISSIONERS CREATED; EXISTING BOARD ABOLISHED. No. 123. An Act to abolish the board of roads and revenues of the County of Walker, State of Georgia; to create a board of commissioners of roads and revenues in and for the County of Walker, State of Georgia, to consist of five members, naming the members of said board of commissioners; to provide for the election of their successors, prescribe their qualifications and term of office; to fill vacancies; to create five road districts in

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said County of Walker, one member of said road district to be elected from each of said road districts; to permit said board to elect a superintendent of roads, bridges, public construction, etc.; to create and fill such other offices as may be required; to define their duties, fix compensation and provide for the election, appointment and removal of employees as said board may deem proper; 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 from and after the passage of this Act there shall be created a board of commissioners of roads and revenues for the County of Walker, State of Georgia, to consist of five (5) members, who shall be citizens of said county, eligible to be elected members of the General Assembly of Georgia, who shall serve a term of four years or until their successors are elected and qualified; the members of said board to be elected at the general election when all other county officers are elected, and elected every four years thereafter when such county officers are elected. Board created. SEC. 2. Be it further enacted by the authority aforesaid, That the following citizens of Walker County be and they are hereby appointed commissioners: from district number one (1) R. V. Thurman, district number two (2) Claude Clements, district number three (3) T. C. Coulter, district number four (4) S. T. Corson, district number five (5) J. R. McFarland; said named commissioners to serve until Janary 1st, 1921, and until their successors are elected and qualified. Commissioners appointed. SEC. 3. Be it further enacted by the authority aforesaid, That said County of Walker shall be divided into five road districts to be designated as, one, two, three, four, five, and each of said road districts shall elect one member residing in the jurisdiction of said district as their representative on said board. Road districts defined. District number one (1) shall embrace that territory included

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by the following militia districts: LaFayette, Wilson and Coin Creek. District number two (2): East Armuchee, West Armuchee and Chesnut Flat. District number three (3): Cedar Grove, Remington and Lisbon. District number four (4): Pond Spring, Chickamauga, and Rock Springs. District number five (5): Dry Valley, Chattanooga Valley, and Mountain. SEC. 4. Be it further enacted by the authority aforesaid, That vacancies caused by death, resignation, or removal from district shall be filled on said board by the remaining members thereof until the next general election; said vacancy to be filled from the district which the vacancy occurs. Vacancies, how filled. SEC. 5. Be it further enacted by the authority aforesaid, That 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. Said board may elect a vice-chairman who shall preside in the absence of the chairman. At least three (3) members of the board shall be necessary to constitute a quorum. 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 meetings at least once a month and may have special meetings upon the call of the chairman or in the case of his inability or refusal to act, by a majority of the board after due notice. Chairman. Vice-Chairman. Quorum. Secretary. Meetings. SEC. 6. Be it further enacted by the authority aforesaid, That said board shall have entire jurisdiction and control over the public roads, highways and bridges of the county, and over the construction, improvement, establishment and maintenance thereof; over the public buildings and property of the county, court-house, jail, and county farm; over the county taxes, license, and finances; over drainage; sanitation and hygiene, with power to levy, assess, fix and collect

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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 thereto. Jurisdiction. SEC. 7. Be it further enacted by the authority aforesaid, That all purchases or sales by said county commissioners for regular supplies or property of the county shall be made at monthly open public meetings of the board, as far as possible, and purchases shall be made only after sealed bids, and upon due advertisement, in like manner as above as far as practicable. Purchases and sales. SEC. 8. Be it further enacted by authority aforesaid, That said board may create and fill such positions and offices as may be necessary for the proper management of the affairs of the county, including the offices of county auditor, county attorney, county farm superintendent, county physician, and such clerks, engineers, foremen, inspectors, laborers and other positions; to receive and dispose of the county funds and perform any other act necessary to carry on the business of the county, and to fix the salary and compensation of such officers; all such county officers to be removed at the pleasure of the board. Creation of offices. SEC. 9. Be it further enacted by the authority aforesaid, That said board may create the office of superintendent of public roads and bridges; fix his salary, duties and power, who shall be under the general supervision of said board who shall prescribe the duties of said superintendent and who shall fix such salary for said superintendent as said board may deem best. Superintendent of roads and bridges. SEC. 10. Be it further enacted by the authority aforesaid, That the said commissioners shall publish quarterly a detailed statement in a paper carrying the legal advertisements of said county an itemized statement of all moneys expended and for what purposes, including the miles of road built or rebuilt. The newspaper publishing same shall not be paid more than five dollars ($5.00) for publishing such quarterly report. Financial [Illegible Text] Publication.

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SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners to work the county chain-gang not less than six (6) months during their term of office (four years) in each road district hereby created by this Act, balance of the time to be employed where it will be of greatest advantge to the county as a whole. Chain-gang. SEC. 12. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall be exempted from all road and jury duty during their term of office. Exemptions. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and more especially an Act entitled an Act to create a board of commissioners of roads and revenues for the County of Walker, and to prescribe the powers and duties thereof, approved February 21, 1873, be and the same are hereby repealed. Act of 1873 repealed. Approved August 17, 1917. WALTON BOARD OF COMMISSIONERS CREATED. No. 97. An Act to establish for the County of Walton a board of commissioners of roads and revenues; to prescribe the powers and duties of said board; to fix the terms of such officers and their compensation, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of commissioners of roads and revenues for the County of Walton, in the State of Georgia, is hereby created and established, with all the jurisdiction, powers and privileges usually conferred by law on such boards of commissioners, and subject to such other rules and regulations as may be prescribed by this Act. Board created.

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SEC. 2. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall consist of three members, one of whom shall be the chairman of said board, and so designated at the time of his selection. That the terms of office of said commissioners shall be for three years, except as to the first three whose terms of office shall be as hereinafter prescribed. Number, and terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That at the next regular term of the Superior Court of Walton County, after the passage of this Act, the grand jury of said county shall select by secret ballot three discreet, upright, and intelligent citizens, residents and freeholders of said county, who have resided therein at least one year before their selection, to constitute the board of commissioners of roads and revenues of Walton County, one of whom shall be selected for one year, one for two years, and one for three years; and each succeeding grand jury at the August term of said court shall select one commissioner, to hold office for three years, unless removed by death, resignation, or by recommendation of a majority of the grand jury for incompetency, malpractice in office, or until their successors in office are elected and qualified. That when the grand jury has so selected the commissioners, they shall present their names to the judge of the Superior Court of Walton County, and it shall be the duty of said judge to approve and confirm such selections, within two days, provided no good cause is shown to the contrary. If said grand jury should present the names of any persons whom said judge is satisfied is not qualified, under the provisions of this Act, to fill said office, and expresses his disapproval of such selection, then the grand jury, if still in session, may again select and present the name or names of qualified persons for his approval; and if the court adjourns said grand jury before such approved selection is made for a commissioner or commissioners, he shall make such appointment to hold office until the next term of said court, at which time the grand jury will select and have approved the names of commissioners to fill the unexpired term. That any one or all of said commissioners

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may be removed from office on the recommendation of a majority of the grand jury of said county, approved by the judge of the superior court, for incompetency, malpractice in office, or if he should be convicted of any offense involving moral terpitude, or such other offense as a majority of the grand jury might decide should disqualify him. Election by grand jury. Terms of office. Confirmation. Removal from office. SEC. 4. Be it further enacted by the authority aforesaid, That no person shall be qualified to fill the office of commissioner of Walton County who is not 21 years old, and no person shall be qualified to hold office of chairman of said board of commissioners who is not 25 years old, and when said commissioners have been so elected they shall, before entering upon the performance of their duties, take and subscribe before the judge of the superior court of said county, or the ordinary thereof, an oath to faithfully perform the duties of commissioners of roads and revenues under this Act and the Constitution and laws of the State, which oath, when taken and signed, shall be recorded in a book of minutes hereinafter required to be kept by the clerk of said board; and, in addition to the oath taken and subscribed to by the chairman of said board, he shall, at the same time, and before entering upon the discharge of his duties, give bond with good and sufficient security, payable to Walton County, in the sum of five thousand dollars, conditioned for the faithful discharge of his duties as chairman of said board of commissioners, said bond to be approved by the ordinary, recorded and kept of file in the ordinary's office of said county. Eligibility. Oath. Bond. SEC. 5. Be it further enacted by the authority aforesaid, That the chairman of said board of commissioners shall receive a salary of eighteen hundred dollars per annum, payable in monthly installments, as compensation for his services, and he shall be required to devote his whole time and attention to the duties of his said office. That he shall be the chief manager of the affairs of said county, that are within the jurisdiction of said board of commissioners, acting as its executive officer; he shall make all contracts, and do all the buying for said board; he shall superintend all the work being done by the county, whether

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under contract or by hired labor; in fact, he shall discharge all the duties of the board during the interim between the dates of the board meetings, it being understood that his conduct is not to be arbitrary, but that his duties will be performed with the will, judgment and discretion of the other members of the board. That said chairman shall be ex-officio clerk of said board of commissioners and required to keep all of its books and records. That he shall keep a book of minutes of all the proceedings of the board, and also record on said minutes, or on some other book kept for that purpose, all petitions filed with said board; he shall keep a book in which all claims against the county, which have been approved for payment by the board, shall be recorded; he shall keep a regular set of books showing disbursements and receipts, and giving all other information as to the financial condition of the county that might reasonably be required or expected, or, if said chairman so desires, he may appoint a competent clerk, with the approval of the other members of the board, and pay such clerk such salary as he sees fit, out of his own funds or salary. That if he employs such clerk to assist him in the clerical duties of his office, the chairman will be responsible still for the discharge of the duties of said office by such clerk. Salary of chairman. Duties. Clerk. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a regular meeting of said board of commissioners once each month, to be held on the first Monday in each month, beginning with the first Monday in January, 1918, and the chairman may call such other meetings as may be found necessary, after giving to each of the other commissioners notice of the time and place of such meeting. That all the regular monthly meetings of said board shall be held at the court-house in the City of Monroe. That two members of said board shall constitute a quorum for the transaction of business, and the members of said board, other than the chairman, shall receive for their services $3.00 per day while attending such meetings, or while engaged in any other service for the county designated by the board. That at all meetings of said board the chairman shall preside, and the minutes of such meeting shall be

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approved and signed by him and one other member of the board. That said board shall approve all just claims against the county, and all warrants on the treasurer for the payment of county funds shall be signed by said chairman and one other member of the board, and the treasurer of said county shall not disburse or pay out any of its funds or any order unless the same shall have been signed by said chairman and one other member of said board; provided, this shall not apply to the payment of funds on jury script properly signed by the clerk of the superior and city courts, or orders drawn by the judges of the superior and city courts, authorized by law. That all other orders, process and summons shall be signed by the chairman of said board in his official capacity, and when so done shall be of the same force as if signed by the whole board. Meetings. Quorum. Pay for services. Claims and warrants. Orders. SEC. 7. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall have power to exercise exclusive jurisdiction and control over all county matters in Walton County that are now vested by law in the ordinaries of the counties of the State, as relates to roads, bridges, public buildings, county property, county finances, management of the county jail and its fees, control and maintenance of paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, not only as such laws may be found in the first title, chapter 3, article 3, section 4796 of the Code of 1910, but under any and all laws in Georgia conferring jurisdiction on the ordinary in county matters, and when sitting for county purposes. Jurisdiction. SEC. 8. Be it further enacted by the authority aforesaid, That at the regular meetings of the board of commissioners they shall be clothed with the powers of a court subject to the same rules that govern, define, and control the powers of the court of ordinary, when sitting for county purposes; that they shall have the same right and punish for contempt and to try and punish road defaulters. Court powers. SEC. 9. Be it further enacted by the authority aforesaid,

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That said board of commissioners shall keep an office in the court-house at Monroe, which shall be kept open at least two days in each week, to accommodate the public and transact such business as may come before the board or its chairman. That at all times, except when said office is so kept open, the books, papers and records in said office shall be kept in one of the iron vaults in the court-house at Monroe, provided for keeping securely such county records. Office; books and papers. SEC. 10. Be it further enacted by the authority aforesaid, That the commissioners shall at each term of the superior court of said county prepare and submit to the grand jury a complete statement in writing, showing the condition of the county property, county finances, public roads, buildings, and the paupers thereof, and shall, whenever called upon by the grand jury, furnish full and distinct information concerning the business of the county. That just prior to the convening of each February term of Walton Superior Court, they shall secure the services of a competent public accountant or auditor, who shall audit their books, vouchers and records for the previous year, make a full report of their findings to said board, when the same shall be attached to the report required to be made by said board to said term of court, there to become a part of the annual report of said board of commissioners. Statement to grand jury. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners shall be commissioned in the same manner as justice of the peace and be exempt from jury duty. That all vacancies in said board caused by death, resignation, or otherwise, shall be filled by appointment by the judge of the superior court of said county until the next meeting of the grand jury which shall fill out the unexpired term in the same manner as elsewhere prescribed in this Act. That the terms of office of the commissioners provided for under this Act shall begin on the 1st of January each year, beginning with the 1st day of January, 1918. Commissioned by Governor. Vacancies, how filled. SEC. 12. Be it further enacted by the authority aforesaid,

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That all laws in conflict with this Act are hereby repealed. Approved August 14, 1917. WARE TREASURER'S SALARY FIXED. No. 43. An Act to amend the Act of the Legislature fixing the salary of the county treasurer of Ware County at $200.00 per annum, approved August 13, 1915, by striking out $200.00 and inserting in lieu thereof $600.00, so as to pay the county treasurer of Ware County $600.00 per annum instead of $200.00 per annum, as prescribed in said Act. SECTION 1. 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 Legislature approved August 13, 1915, fixing the salary of the county treasurer of Ware County, Georgia, be and the same is hereby amended as follows: By striking out the dollar mark and the figures 200.00 in the fifth line of section 1 of said Act and inserting in lieu thereof $600.00, so that the salary of the county treasurer of Ware County shall be $600.00 per annum in lieu of $200.00 per annum as prescribed in said Act, so that when section 1 of said referred to Act is amended it will read as follows, to wit: Section 1. That on and after the 1st day of January, 1917, the treasurer of Ware County shall be paid out of the county treasury a salary of $600.00 per annum in lieu of all fees and commissions now allowed by law. Act of 1915 amended. Read. Salary increased. 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, 1917.

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WASHINGTON COUNTY FUNDS, DEPOSIT OF. No. 143. An Act to amend the Act approved August 18, 1916, providing in what manner the funds of the County of Washington heretofore handled by the county treasurer shall be deposited and disbursed; so as to further regulate the manner of depositing and disbursing said funds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 1 of an Act entitled An Act to provide in what manner the funds of the County of Washington heretofore handled by the county treasurer of said county shall be deposited and disbursed, and for other purposes, approved August 18, 1916, be and the same is hereby amended by adding after the word treasurer in the last line of said section the following words: Provided, that whenever it shall become necessary for the county to borrow money that the commissioners of the board of roads and revenues may in their discretion leave said borrowed money on deposit with the bank from which the same was borrowed, subject to check, provided said bank shall give bond with good and sufficient security to protect the county from loss. The amount of said bonds to be twice the amount of funds left on deposit by the county. Act of 1916 amended. Bond for borrowed money on deposit. 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 18, 1917. WAYNE DEPOSITORY'S BOND. No. 45. An Act to amend an Act to abolish the office of county treasurer of Wayne County, and to provide in what

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manner the funds of said county shall be disbursed by the selecting of a bank, as a depository, and to handle the funds belonging to said county and pay out county vouchers; to provide for said banks to give bond, and for other purposes, approved August 16, 1915. SECTION 1. 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 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 out county vouchers, and to provide for said banks to give bond, and for other purposes, approved August 16, 1915, Act 1915, page 425, be and the same is hereby amended by striking the word 40 from the seventh line of section 4 of said Act and inserting in lieu thereof the word 20, so that said section 4, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That no bank or banks 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 sum of not less than twenty thousand ($20,000.00) dollars, or a larger sum as in the discretion of board of commissioners of roads and revenues of Wayne County, Georgia, shall deem right and proper, to be approved by the said board of county commissioners. The property of such bank or banks as well as the security or securities on such bond shall be bound from 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 or banks to strengthen said bond or to give a new bond or increase the amount of said bond at any time, and in default of the same being done to revoke the appointment of such bank or banks as depository and disbursing agent. Act of 1915 amended. Read. Bond of of depository. SEC. 2. Be it further enacted by the General Assembly

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of Georgia, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. WHITE BOARD OF COMMISSIONERS ABOLISHED. No. 61. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues for White County, prescribe their powers and duties, and for other purposes, approved August 16, 1915, and the acts amendatory thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That, from and after the passage of this Act, the above-entitled Act to create a board of commissioners of roads and revenues for White County, prescribing their powers and duties, and for other purposes, approved August 16, 1915, and the Act or Acts amendatory thereof, be and the same are hereby repealed. Act of 1915 repealed. SEC. 2. Be it further enacted, That this Act shall become effective on the first day of January, 1918. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. WHITE BOARD OF COMMISSIONERS CREATED. No. 59. An Act to create a board of county commissioners of roads and revenues for the County of White; to provide for the election and creation of said board; to provide for the election of their successors; to provide for the terms of office; to provide for a clerk for said board; to provide for the appointment of a road supervisor or

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road engineer; for his compensation; to provide for the election of an attorney for said board and for his compensation and how paid; to provide for the filling of 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 the 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 whom shall be the ordinary of said county, the other two to be freeholders and citizens of said White County to be elected by the grand jury for the County of White; one to be elected at the October term of White Superior Court, 1918, and the other to be elected at the October term of White Superior Court, 1919, for the full term of three years next after their election and until their successors are elected and qualified. Said terms of office to begin January 1, next, after their election. At the expiration of each term the grand jury of White Superior Court shall elect a successor for the full term of three years. All terms to begin on January 1st, next, after election, which elections shall be by the grand jury at October term next before the expiration of any term. Board to be 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 or who was drawn as a grand juror at the time which said election is had. No grand juror to be member. SEC. 3. Be it further enacted, That the ordinary of said White County by virtue of his office shall be a member of said board with as full and complete power to act as if elected by the grand jury of said county as herein set out and receive the same per diem as the other two members of said board, and by virtue of his office he shall be clerk of said board and that his term of office shall begin when this Act goes into effect. Ordinary a member. SEC. 4. Be it further enacted, That a quorum of said board shall consist of not less than two members of said

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board, save only where as many as two of said members are out of the county or disabled or disqualified; then, 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, in cases of emergencies only, so long as said conditions shall exist, but no longer. Quorum of board. SEC. 5. Be it further enacted, That when a vacancy by death or resignation or otherwise shall occur on said board, except in case of the ordinary, that fact shall be certified to the judge of the superior court by the other member or 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, when 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, except in case of a vacancy caused by the death, resignation or otherwise of the ordinary, the clerk of the Superior Court of White County shall fill such vacancy until an ordinary is elected and qualified for said county. Vacancies on board, how filled. SEC. 6. Be it further enacted, That the compensation of said commissioners shall be two dollars per day for each day's service and the ordinary shall receive one dollar additional for his services at each meeting of said board, whether regular meeting or called meeting. As clerk of said board, he shall receive two dollars per day when recording the business of said board, otherwise he only receives the same compensation as the other board members. Compensation. SEC. 7. Be it further enacted, That when the ordinary is unable to attend board meetings on account of sickness or other cause the board members present may select a competent person who shall act as clerk of said board who shall receive for his services the sum of two dollars for each day's service, and in case the ordinary shall refuse to serve as clerk of said board as provided in this Act, then and in

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that event the board may select any competent person to serve as clerk of said board, who shall receive the sum of one dollar and fifty cents for each day employed as such clerk. Clerk. SEC. 8. Be it further enacted, That said board shall have power and it shall be their duty to employ a suitable and competent road supervisor whose duty it shall be to look after the public roads of the county and such duties as the said board may require of him and the said board may employ a civil engineer to lay out roads and to change roads when they may deem it proper so to do and when the interest of the county demands, said supervisor and engineer to be paid such compensation as may be agreed upon by said commissioners out of the road funds of the county. Road supervisor. SEC. 9. 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 of whatever kind or description. 2. In levying a general tax and a specific tax or special tax for county purposes and all road tax 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 removing obstructions from private ways as is provided by law and establishing or changing election precincts. 4. In examining, auditing and allowing and settling all claims against the county. 5. In examining and auditing all accounts of 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 power to issue executions in favor of the county against any such officer who fails, refuses or neglects to settle with said county.

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6. In providing for the support of the poor of the county and in the promotion of health and its preservation. 7. In regulating peddling in the county and fixing the license therefor. 8. In establishing a chain-gang in said county, in leasing or otherwise disposing of the county chain-gang or misdemeanor convicts, and to provide for the management of such chain-gang where employed by said county in a just and humane manner, and to make such other disposition of misdemeanor or felony convicts of the county as may be conferred upon said board by law. SEC. 10. Be it further enacted, That any member of said board shall have power to administer and attest oaths in any matter appertaining to county business: Oaths. SEC. 11. 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 and sales. SEC. 12. 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 meeting save for unavoidable cause; provided, call meetings may be held when necessary. Meetings. SEC. 13. Be it further enacted, That no money shall be paid out or used, except by authority of said board of commissioners. Payments. SEC. 14. Be it further enacted, That it shall be the duty of the clerk of said board and he is hereby required to keep a record of all the proceedings of said board in a well-bound book, which shall be submitted to the grand jury at 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's duty. SEC. 15. Be it further enacted, That said board shall be

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known and styled the board of commissioners of roads and revenues and may have and use a seal of office. Name and seal. SEC. 16. Be it further enacted, That each member of said board shall be required to give bond, with good security, payable to the Governor of this State and his successors in office in the sum of one thousand dollars each. Said bond to be attested by and approved by the clerk of the Superior Court of White County, conditioned upon the faithful discharge of their duties as such board members. Said bond to be filed and kept in the office of the superior court of said county. Bond. SEC. 17. Be it further enacted, That R. T. Kenimer, of Cleveland, Ga. (he being a freeholder and a citizen of White County, Ga., and a member of the present board of county commissioners and has a term of two years on said board), be and he is hereby made a member of this board for a term of two years, beginning January 1st, 1918, and ending December 31st, 1919, and until his successor is elected and qualified. Member appointed. SEC. 18. Be it further enacted, That G. A. Vandiver of Helen, Ga. (he being a freeholder and a citizen of White County, Ga., and a member of the present board of commissioners and has a term of one year on said board), be and he is hereby made a member of this board for a term of one year beginning January 1st, 1918, and ending December 31st, 1918, and until his successor is elected and qualified. Member appointed. SEC. 19. Be it further enacted, That said board is hereby authorized and it shall be their duty to employ an attorney at law of said county to be known as county attorney and it shall be his duty to represent the county in all matters of controversy in which the county is interested and to be the legal advisor of said board, and he shall receive such compensation for his services as may be agreed upon by and between him and said board. County attorney. SEC. 20. Be it further enacted, That this act shall go into effect in said county on the first day of January, 1918. When effective. SEC. 21. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. WHITE TREASURER'S OFFICE ABOLISHED, AND COUNTY DEPOSITORIES PROVIDED. No. 41. An Act providing for abolishing the office of county treasurer of White County, Georgia; the creation and establishment of county depositories of said County of White, which depositories shall receive, keep, care for, and pay out all county funds, including road funds, etc., and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of January, 1921, the office of county treasurer of White County, Ga., shall be and the same is hereby abolished, or sooner in case of vacancy, by death, resignation or otherwise. That in the event of the death or resignation of the present incumbent that then and in that event said office is hereby abolished. Office abolished after 1920. SEC. 2. White County Bank and Farmers and Merchants Bank of Cleveland, Ga., are hereby designated and by this Act made county depositories of White County and the county officials having charge of the finances of said county shall keep all county funds in said banks as nearly equal as it is possible so to do, at all times, and said county authorities are hereby required to draw warrants on said banks in such way as will keep the county funds equal in said banks. And each of said banks is hereby required to pay into the county funds, to be used for county purposes, the sum of fifty dollars per annum, for the privilege of being county depositories, and if either of said banks refuse to pay such sum, then and in that event the county authorities having charge of the finances of the county

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shall have and they are hereby given the privilege to offer to the other bank the exclusive deposits of the county funds upon the condition that it pay into the county funds the sum of one hundred dollars, for the sole benefit of being county depository of said county, and in case both of said banks refuse to become county depositories upon conditions and terms above set out in this section, the county authorities having charge of the finances of the county may make and they are hereby given the authority to make such arrangements with other banks, either in or without the county, as depositories, as will be to the best interest of the county. Depositories designated. Payment for privilege. SEC. 3. County funds mentioned in section 2 of this Act is meant to include all funds raised by taxation or otherwise and all road tax of all kinds and all moneys coming into the county funds from all sources whatever, to be used for road or county purposes and all special taxes Ievied for special purposes, etc. County funds. SEC. 4. The county authorities may, if they deem it necessary for the protection of the county, require bond or bonds from said banks or other banks if other banks are selected, payable to said county authorities, conditioned to answer for all funds turned over to them in such sum as may be reasonable and just and that will protect the county against loss. Bond. SEC. 5. All money drawn from these depositories (White County Bank and Farmers and Merchants, if they accept on the conditions set out in this Act, or any other bank selected by the county authorities if these banks don't accept) shall be by check or county order signed by the authorities having charge of the finances of the county. Said check or county order shall be entered on the records of the authorities drawing the same, showing the amount of check, the person in whose favor drawn and for what purpose, which records shall at all times be open to inspection by any person or persons whose duty it is to inspect the records kept by the various county officials and open to inspection by the grand jury of said county as a body or

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through its committees. Provided, that the clerk of the superior court of said county or the clerk of any other court of said county may and he is hereby authorized to draw on the proper funds his scripts for jury service to jurors of said county, and said county depositories are hereby authorized to respect said scrips and to pay the same; this proviso to apply only to the payment of jurors who are paid out of county funds as is now provided by law. Money, how drawn. SEC. 6. All claims in favor of the clerk, sheriff and court bailiff of said county for their services and per diem for waiting on the court or courts shall be approved by the judge thereof and presented to the county authorities having charge of the finances of the county and if approved by said authorities they shall draw their check or warrant on said county depositories in favor of such sheriff, clerk and bailiff for the amount of said claims or any part thereof which when presented to said depositories shall be paid and become a receipt for said amount directed to be paid. Approval of claims. SEC. 7. Said depositories shall report to the county authorities having charge of the finances of the county as often as once every six months, or oftener if required by said authorities, showing the amount of funds on hand and return all cancelled checks or orders. Reports. SEC. 8. The account so kept by the said depositories of White County shall be subject to inspection by the State Auditor and come within the perview of the general examination by the State Bank Examiner or Comptroller of Currency, as other parts of the bank are subject also to the inspection by the grand jury of said county, either in a body or through its committee. Examinations. SEC. 9. The county treasurer of White County shall receive a salary of $250.00 per annum for the years 1918, 1919, 1920, should he hold his office these years, payable quarterly out of the general funds of said county, said treasurer shall on or before the first day of January, 1921, or sooner in case of resignation, turn over to the depositories of said county, selected by the authorities of said county as herein set out, all money which may be in his

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hands at that time, together with all books and records belonging to his office. In case of death of the county treasurer the county authorities shall take charge of all money belonging to the county in the hands of the county treasurer, together with all records belonging to said office, and turn the same over to the said county depositories selected by said authorities. Treasurer's salary for 1918-1920. Delivery of funds, books, etc. SEC. 10. That from and after the said county depositories have taken charge of said funds and records as set out in the preceding section of this Act and so long as they remain as such depositories the tax-collector of said county and all other persons or officers collecting money due the said county shall turn the same over to said depositories. In the event these depositories or any bank that may become county depository under this Act shall cease to be depository or depositories, all funds belonging to the county and records shall be turned over to the authorities having charge of the finances of the county and by them turned over to any other bank or banks selected as county depository under this Act on such terms as may be agreed upon by and between such bank or banks and said authorities. Delivery of funds. SEC. 11. All officers collecting money of any description and turning the same over to the depositories selected by the said authorities shall take receipts from such depositories in duplicate, keeping one and turning the other over to the authorities having charge of the county finances. Duplicate receipts. SEC. 12. 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 that said county authorities shall have the right to proceed against said depositories and disbursing agents and the securities on their bond as said treasurer may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Liability of depositories. SEC. 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 7, 1917.

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WILCOX COMMISSIONERS' CLERK'S PAY. No. 103. An Act to amend an Act approved February 22nd, 1873, entitled An Act to create a board of commissioners of roads and revenues for the County of Wilcox, and for other purposes, and all Acts amendatory thereof, and particularly an Act approved December 16th, 1895, entitled An Act to amend an Act entitled an Act to amend an Act creating a board of commissioners of roads and revenues for the County of Wilcox, by providing that the clerk therein provided for said board of commissioners shall be elected by the people 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 an Act approved February 22nd, 1873, entitled an Act to create a board of commissioners of roads and revenues in the County of Wilcox be and the same is hereby amended by striking section 7 thereof and inserting in lieu of the same the following words as section 7, to wit: There shall be a clerk whose duties shall be defined by said board with such compensation to be paid out of the county treasury as the said board may see fit to fix, not to exceed three dollars per day for every day of actual services rendered by him in the discharge of such duties so imposed by them, and such other compensation as they deem reasonable and just for said service rendered while the board is not in session, in making up his monthly reports and performing other work assigned to him by the board; said clerk to be elected by the voters of said county, the first election for said clerk to be held on the first Wednesday in October, 1917; said clerk to hold his office until the regular election for electing county commissioners in 1918, and there shall be a regular election for said clerk every four years thereafter upon the..... day of holding the regular election for county commissioners. Act of 1873 amended. Clerk's duties and pay. His election. SEC. 2. Be it further enacted by the authority aforesaid, That an Act approved December 16th, 1895, amendatory

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of said Act of 1873, be and the same is hereby amended by striking from the first line of section 6 the words, that said board may elect, and inserting in lieu thereof the words, there shall be, so that said section 6 when so amended shall read as follows: Section 6. And there shall be a clerk whose duties shall be defined by said board, with such compensation to be paid out of the county treasury as they may see proper to give him, not to exceed three dollars per day for every day's actual service rendered by him in the discharge of such duties so imposed by them, and such other compensation as they deem reasonable and just for said service rendered while the board is not in session, in making up his month's reports and preparing other work assigned to him by the board. Clerk's compensation. 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, 1917. WILKES COMMISSIONER'S OFFICE ABOLISHED. No. 120. An Act to repeal an Act to abolish the board of county commissioners of roads and revenues and public property for the County of Wilkes, created by an Act of the General Assembly, approved December 13th, 1893, and to repeal said Act; to create the office of commissioner of roads and revenues for Wilkes County; provide the method of electing said officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes, approved July 16th, 1903. SECTION 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 abolish the board of county commissioners of roads and revenues and public property

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of Wilkes County, created by an Act of the General Assembly, approved December 13th, 1893, and to repeal said Act; to create the office of commissioner of roads and revenues of Wilkes County; provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes; and all amendments thereto, be and the same are hereby repealed. Act of 1903 repealed. SEC. 2. 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 4, 1917. WILKES BOARD OF COMMISSIONERS CREATED. No. 21. An Act to establish a board of commissioners of roads and revenues of Wilkes County; to provide the method for their election; to fix their terms of office and salaries; to define their duties and qualifications; to provide for the employment and pay of assistants; to provide for the management of county affairs, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be created for Wilkes County, a board of commissioners of roads and revenues, to consist of five persons, each of whom shall be a qualified voter of said county, who, together, shall constitute a body for the consideration, direction and management of county affairs. Said board of commissioners shall have power to and shall exercise original jurisdiction and control in Wilkes County over all county matters that are now vested by law in the ordinaries of Georgia, having no commissioners of roads and revenues, so far as relates to roads, bridges, public buildings and property, misdemeanor convicts, management

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of the county jail, its fees, the control and management of its paupers, assessments, levying and collecting taxes and debts due said county, disbursing public moneys for county purposes, and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against Wilkes County. That said board shall have the same right, power and authority to issue processes, summons, writs, orders, and subp[oelig]nas, and to punish for contempt of court as other courts of this State. All writs and processes shall be attested in the name of the chairman of said board and signed by the clerk. Board created. Jurisdiction, powers, etc. SEC. 2. The chairman of said board shall be elected by the qualified voters of said county. His term of office shall be four (4) years, or until his successor is elected and qualified. The first election to fill this office shall be held on the first Tuesday in November, 1918, and the term of the chairman so elected shall begin January 1st, 1919. Provided, that the present county commissioner shall serve as the chairman of said board and draw his present salary until his successor is elected and qualified. It will be the duty of said chairman to preside at all meetings of the board and approve and sign the minutes of each meeting, and issue and sign as chairman all orders and processes of said board, and all warrants against the county treasury, and he shall be the general executive officer and head of said board charged with the duty of seeing that its orders and directions are carried out and that all agents, employees or officials serving under said board shall perform their duties and carry out the instructions imposed upon them by said board. Chairman his election, duties, etc. SEC. 3. The grand jury sitting at the August, 1917, term of Wilkes Superior Court shall elect the remaining four members of said board. Each candidate shall receive a majority of the votes of said grand jury before he is declared elected and no grand juror sitting at that time shall be eligible to election to said board. The term of office of said members so elected shall be as follows: One for one year, one for two years, one for three years, and one for four years, the terms of all to begin September first,

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1917. Annually thereafter, as their respective terms expire, the grand jury sitting next prior to such expiration shall, in like manner, elect a successor thereto for a full term of four (4) years. No two members shall reside in the same militia district. The grand jury in selecting the members of said board shall seek, as far as practicable, to have each section of said county to be represented on said board. Election of members by grand jury. Terms of office. SEC. 4. The chairman of said board shall receive for his services six hundred ($600.00) dollars per annum, payable monthly out of the treasury of Wilkes County. Each remaining member of said board shall receive for his services five dollars ($5.00) per day, when in actual attendance upon the duties thereof, but in no case shall be receive more than two days' pay in any one calendar month. Pay for services. SEC. 5. The said board of commissioners shall elect a clerk to serve them in this capacity, at their pleasure, who shall perform all the duties usually required of said officer, fix his salary not to exceed sixty ($60.00) dollars per month, payable monthly out of the treasury of Wilkes County. The said clerk before entering upon his duties shall subscribe to an oath before said board, to faithfully perform the duties of his office, and the same shall be subscribed to and entered upon the minutes of the office of said board. The said clerk shall also furnish a bond in the sum of one thousand ($1,000.00) dollars, payable to the Governor of this State, and his successors in office, conditioned upon the faithful performance of the duties of his office. The said clerk shall deposit daily all sums of money received by him in the county depository to the credit of Wilkes County. Clerk; his salary and bond. SEC. 6. The said board shall employ a competent road builder, at such salary as may be agreed upon by them, for the purpose of making road surveys, investigating, discovering, analyzing road building materials of Wilkes County, building bridges, establishing and re-establishing roads, and for whatever other assistance they may require or need from an expert road builder. Road builder.

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SEC. 7. In addition to books now required to be kept by the commission of roads and revenues of Wilkes County, the said board shall keep or cause to be kept, the following of record: An inventory book, in which once each year they shall have recorded an itemized inventory of all property that, within their knowledge, belongs to Wilkes County. A cash book in which shall be kept an itemized account of all moneys received into and disbursed from their office belonging to Wilkes County, settling in full with the officials of the county depository daily. A digest of all the names of all males in Wilkes County subject to road duty, arranged in alphabetical order and by militia districts, correcting such digest annually by adding to and taking from such names those who may by age or removal become subject to or exempt from road duty; and by such digest and other expedient methods seek to have every one in the county liable to road duty, either to work on the roads, as required by law, or to pay his commutation tax. Record books. SEC. 8. Each member of said board of commissioners, before entering upon the duties of his office, shall make oath before the ordinary of said county to faithfully perform and administer the affairs of said office, and to carry out the provisions of this Act. Each member of said board shall give a bond in the sum of three thousand ($3,000.00) dollars, payable to the Governor of this State, and his successors in office, with securities approved by the ordinary of Wilkes County. Oath of office. Bond. SEC. 9. The said board of commissioners shall meet in the court-house of said county on the first Tuesday in each month. At all meetings the chairman of said board shall preside, but in his absence any member of said board may act as chairman pro tempore. Any three of five members of said board shall constitute a quorum, and, regardless of the number present, it shall require three concurrent votes to pass any order, transact any business, or take any action in regard to any county matter. They may also meet at other times, and at such places in their discretion as may be for the best interest of the county, and they may adjourn from day to day. Meetings. Quorum.

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SEC. 10. The said board shall regularly and systematically employ an adequate force of convicts and equipment under the supervision of a competent and experienced road superintendent for the purpose of laying off, straightening, establishing proper grades, resurveying and constructing upon the main thoroughfares of said county permanent road-beds made of crushed stone, soil, clay, top-soil or other durable material as said body may, with the advice of an expert on road materials, deem best adapted to such use. In like manner the board shall employ constantly a force of convicts, or free labor, and equipment for the repairing of emergency work on the roads of said county. Road work by convicts and free labor. SEC. 11. It shall be the duty of said board to make estimates of all supplies that may be needed by the county for the next succeeding month, and to post the same with the clerk in their office and to request all persons desiring to furnish the same to offer sealed bids for said supplies. The said board shall not make any contract for work to be done or supplies to be furnished, except that such work to be done, or supplies to be furnished, shall be let at public outcry or under sealed bids to the bidder offering the best terms. Estimates. Contracts. SEC. 12. Should a vacancy occur in the office of chairman of said board, said vacancy shall be filled by the law governing vacancies in other county offices, and until so filled the board shall elect one of their members to act in the interim. Any other vacancy that may occur in said board shall be filled by the next grand jury as provided for in section 3 of this Act. Vacancy in office. SEC. 13. Said board shall twice each year make a report of the affairs of Wilkes County to the grand jury thereof, as required by law under section 413 of the Code of 1910. Reports to grand jury. SEC. 14. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Abbeville Municipal Officers. Abbeville School Board. Adel Bond Commission. Adrian; Amending Incorporation Act. Albany, City of; New Charter. Arabi, Town of; New Charter. Arlington Ice and Cold-Storage System. Arlington Sidewalk Paving. Atlanta Emergency Tax. Atlanta Police and Water Extention. Atlanta Tax-Office Clerk, Taxation Lists, and Clerk of Council. Blackshear Elections and Sanitation. Blackshear Public-School System. Blackshear Tax Levies. Braselton Public-School System. Brunswick Street Closing, and Territorial Limits. Buford Salaries Reduced. Carnesville Territory Reduced. Carrollton Ad Valorem Tax Rate. Cartersville, City of; New Charter. Clarkesville, City of; New Charter. Colquitt Mayor's Succession and Salary. Covington Recorder's Election and Salary. Cuthbert School-tax Rate. Demorest, City of; New Charter. Douglas Wards, and Elections. East Point School-tax Election. East Point Assessment Payments, and School-tax Rate. Elberton School-tax Rate. Forsyth Wards, and Aldermen. Fort Gaines Councilmen's Terms. Gibson School-tax Rate. Gravson Aldermen, and Elections. Griffin Commission Government. Griffin Commission Government. Hawkinsville Additional Tax. Hoschton Water, Sewers, Lights, and Railway Franchises. Jefferson Tax Assessment and Rate. Kirkwood Wards. and School Board. LaFavette East Boundary Line, etc. LaFavette School Board Terms. LaGrange; Sale of Water, Gas, Electricity, and other Public Utilities. LaGrange Territorial Limits Extended. Lawrenceville School-tax Rate. Leslie Councilmen: Elections and Terms. [Illegible Text] Territorial Limits. Lincolnton. Town of: New Charter. Lula; Closing of Athens Street. Lytle, City of, Incorporated.

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Macon Health Officer, Closing of Alley, Playground Commission, and Territory Reduction. Manchester Corporate Powers Extended. Marietta Street-paving Assessments. Marietta; Repeal of Act of 1914. Maxeys; Schools, Improvements, etc. McRae Mayor and Aldermen. Metasville, Town of, Incorporated. Molena; Amending Act. Newnan Aldermen's Pay. Newnan Nuisance Abatement. Newnan School Board. Oak Park Town Charter Repealed. Ocilla School-tax Rate. Rebecca Public-school System. Rhine, Town of, Incorporated. Rockmart Territorial Limits Extended. Roswell, Town of; New Charter. Saint George Wards and Aldermen. Saint Marys Street Closing. Savannah Street Lane, for Closing. Savannah Street Lane, for Closing. Savannah Recreation Commission Amendment. Southwest LaGrange, Town of, Incorporated. Spread; Election to Change, Name, etc. Stone Mountain Charter Amendments. Temple School Bonds and Tax. Temple School Commissioners. Thomson: Additional Corporate Powers. Tifton Territorial Limits Extended. Toomsboro Tax Rate, and Election. Trion Territorial Limits Reduced. Ty Ty Charter Amendments. Vidalia School-Board Election. Waco Mayor and Councilmen. Walesca Territorial Limits Defined. White Plains, City of, Incorporated. Winder City Charter Repealed. Winder, City of; New Charter. Winder: Repeal of Charter Amendment. Winder; Repeal of Charter Amendment. Winder; Repeal of Charter Amendment. Wrens School-building Bonds. Wrens School-tax Increase. Wrens Territorial Limits Defined. ABBEVILLE MUNICIPAL OFFICERS. No. 85. An Act to amend an Act to reincorporate the Town of Abbeville as a City of Abbeville, and for other purposes, approved December 2nd, 1897. SECTION 1. 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, section 3 of the said Act shall be amended as follows: By striking from said section, beginning in the third line after the word annually, all the paragraph pertaining to the election of the officers, fixing their terms, ending

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in the thirteenth line with the words years and before the word at, and inserting in lieu thereof, For a mayor and six aldermen, a clerk, and treasurer, whose terms of office shall be for one year until their successors are elected and qualified, so that said section as amended by this Act will read as follows: Be it further enacted, That an election shall be held in the City of Abbeville on the second Tuesday in January annually for a mayor and six aldermen, a clerk and treasurer whose terms of office shall be for one year and until their successors are elected and qualified. At the first meeting of the city council of Abbeville, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem. The mayor shall receive for his services a sum not exceeding $200.00 per annum, and each of said aldermen not exceeding the sum of $50.00 per annum; the treasurer shall receive a sum not exceeding $100.00 per annum, as may be fixed by the council, which sums shall not be changed during their terms of office. The ones receiving the greatest number of votes shall be declared elected. Act of 1897 amended. Read. Officers; election and pay. 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, 1917. ABBEVILLE SCHOOL BOARD. No. 172. An Act to amend an Act entitled an Act to establish a system of public schools for the Town of Abbeville, approved December 3, 1895, so as to provide for the election of the board of education of said town by the legal voters resident therein; to provide for their qualifications; fix their terms of office and their salaries, and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by the authority of the same: SECTION 1. That on and after the passage of this Act, that section one of the Act establishing a public school system for the Town of Abbeville, approved December 3rd, 1895, be amended by striking from section one of said Act, beginning in the 4th line after the word Act that which provides for the election of said board by the mayor and council down to and to include the word year in tenth line and before the word all in the eleventh line thereof, and to add in lieu thereof the following: That a board of education to consist of five freeholders, residents of said town, not to be the holders of any other office in said town, shall be elected by the legal voters of said town at the same time and place and in the same manner that the mayor and council are elected, whose term of office shall be for two years, and shall be paid an annual salary of $..... That the first election to be held under this Act for said board shall be held when the elections for mayor and council are held in January, 1918, and the five persons receiving the largest vote shall be declared elected. That the present board shall continue in office and discharge the duties thereof until the board provided by this Act has been elected, so that said section one of said Act when amended as provided by this Act shall read as follows: Act of 1895 amended. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate authorities of the Town of Abbeville, having recommended a system of public schools in said town, that from and after the passage of this Act, that a board of education to consist of five freeholders resident therein, not the holders of any other office of the town, shall be elected by the legal voters at the same time and place and in the same manner that the mayor and council are elected whose term of office shall be for two years, and shall be paid each an annual salary of $..... That the first election to be held under this Act for said board shall be held when the elections for mayor and council are held in January, 1918, and the five persons receiving the largest number of votes shall be declared elected.

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That the present board shall continue in office until the board provided for by this Act has been elected. All vacancies in said board from death, resignation, removal from said town or otherwise shall be filled by the board, and the members of said board shall continue in office until their successors are elected. Read. Board of education of 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 18, 1917. ADEL BOND COMMISSION. No. 150. An Act to provide for the appointment of bond commissioners for the Town of Adel, Georgia; to prescribe their powers, duties and privileges, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the Town of Adel, Georgia, shall at their regular council meeting in September, 1917, appoint three freeholders of said town as bond commissioners whose term of office as bond commissioners shall be three years from the date of their appointment by said mayor and council and until their successors are appointed and qualified. Bond commissioners; term of office. SEC. 2. That the bond commissioners as appointed under this Act are hereby empowered to invest such sinking funds as may now or hereafter be set aside by the authorities of said Town of Adel by virtue of any requirement of any provision or requirement of law resting upon the mayor and council to levy taxes for meeting the principal of any bond issue that may now or hereafter exist against said town. Investment of sinking fund. SEC. 3. Be it further enacted, That all investments of

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such sinking funds shall be subject to the approval of the mayor and council in regular session and all funds as provided for herein or delegated to the charge of such bond commissioners shall ever be paid out of the treasury of said town to any such bond commissioners, but direct to the party to whom such loan is made and same to be by check of secretary and treasurer and endorsed by mayor after the proper approval by the council. Approval of mayor, etc. Payments. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of such bond commissioners to invest such sinking funds subject to the approval of the mayor and council as aforesaid by loaning same to any individual upon approval as aforesaid upon real estate with good and approved security by a security deed or mortgage and personal security, provided, no loan shall be made upon personal security alone. Loans on real estate. SEC. 5. Be it further enacted by the authority aforesaid, That such bond commissioners are hereby empowered and authorized if they see fit to loan such sinking fund or to place same on time deposit with any bank authorized to make such contracts, subject, however, to the approval of the mayor and council. Deposits. SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon their duties after appointment such bond commissioners shall take and subscribe to the following oath, I,....., do solemnly swear that I am not pecuniarily interested in the investment that will be made of any of the sinking funds of the Town of Adel, and that I will loan and invest same to the best interest of the Town of Adel. I do further swear that I will perform all duties devolving upon me as bond commissioner of the Town of Adel during my term of office to the best of my knowledge and ability, so help me God. Oath of office. SEC. 7. Be it further enacted by the authority aforesaid, That no bond commissioner herein provided for and who has accepted the duties devolving upon him as bond commissioner shall hold any office as mayor of the Town of Adel or council or be a member of the school board thereof

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or any other office within the town government of the Town of Adel. To hold no other office. SEC. 8. Be it further enacted, That the bond commissioners appointed herein shall not be empowered to make any contract that shall be made for a term longer than twelve months and that at the regular council meeting of January of each year it shall be their duty to make to the mayor and council of said town a full and complete detailed report of their actings and transactions as such bond commissioners of said town. Contracts SEC. 9. Be it further enacted by the authority aforesaid, That such bond commissioners shall be compensated from the general fund of the Town of Adel for any such reasonable expense as may be incurred by them in the performance of their duties hereunder. Compensation. SEC. 10. Be it furthehr enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. ADRIAN; AMENDING INCORPORATION ACT. No. 181. An Act to amend an Act incorporating the Town of Adrian, approved December 19th, 1899, by repealing all of sections 15 and 16 of said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to incorporate the Town of Adrian, and for other purposes, approved December 19th, 1899, be and the same is hereby amended by striking all of sections 15 and 16 of said Act. Act of 1899 amended. 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 Town of Adrian, in the Counties of Emanuel and Johnson, be and the same is hereby incorporated

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as a town, under the name of the Town of Adrian. Incorporation of town. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Five-eights of one mile in all directions from the present junction of the Wadley and Mount Vernon railroad and the Bruton and Pineora railway. Territorial limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the Town of Adrian, and by that name and style shall have perpetual succession, and to do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy, and possess, to retain to them and their successors the sole use and benefit of the said Town of Adrian, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease the same in any way whatever. Government. Corporate name. Powers. SEC. 4. Be it further enacted by the authority aforesaid, That on the second Wednesday in January, 1900, and annually thereafter for aldermen, and biennially thereafter for mayor, an election shall be held in said town, the mayor to hold office for two years, and the aldermen, after the first election, shall hold office for two years; but at the first election two of the aldermen shall be chosen for one year, and the other three for two years, the terms of office of each and all elected to begin with the first Monday in February after their election. Said election shall be held and conducted in the same manner as the election for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections and terms of office. SEC. 5. Be it further enacted by the authority aforesaid, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General

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Assembly for said counties, and who have been bona fide residents in said town for six months previous to the election whereat they shall offer to vote. Qualified voters. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath which may be administered by any person in this State authorized to administer oaths: I do solemnly swear or affirm that I will faithfully discharge all the duties incumbent upon me as mayor (or alderman) of the Town of Adrian, according to the best of my ability, so help me God. Oath of office. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to elect a marshal and clerk, and to prescribe the duties of such officers and to require of them such bonds as they may deem necessary; but no salary whatever shall be paid to said mayor and aldermen or other officers except the marshal, who shall act as clerk, tax-receiver and tax-collector. Marshal and clerk. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the Constitution and laws of the State of Georgia, or of the United States. Welfare clause. SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and aldermen to levy a tax, not to exceed one half of one per cent. on all property, real and personal, subject to the State tax, within the corporate limits of said town for the purpose of paying the expenses of the town and of the system of public schools hereinafter provided for, and the returns as made to the State and county tax-receivers of the counties of Emanuel and Johnson shall be accepted as the correct assessment. They shall also have power and authority to require all persons subject

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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 of said work such commutation fee as said mayor and aldermen may prescribe. Tax levels. Road duty or tax. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the street of said town; provided, that said fine shall not exceed twenty-five dollars, and such imprisonment shall not exceed twenty-five days. Punishment of offenders. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he cannot be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or aldermen, or any subordinate office of said town. Mayor pro tem. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Executions for taxes, etc. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tempore shall have the power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to the guard-house or county jail for the violation of the ordinances of said town. Witnesses, bail, etc. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police when he may deem it necessary, of whom he shall have full control; he shall have the power to issue execution for all fines, penalties and costs imposed

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by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender in the guard-house in said town or county jail not exceeding twenty-five days. Mayor's duty. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall be forever prohibited in granting license in any form, to any person natural or artificial, for the sale of spirituous, vinous, malt or other intoxicating liquors, within the corporate limits of the said Town of Adrian; they shall also be prohibited from allowing ten-pin alleys, billiard and pool tables, and from allowing any other like devices and contrivances used for the purpose of gaming or carrying on any other game of chance, by selling cards, tickets or numbers, or by using any other article or contrivance for the purpose of gaming in said town. Licenses; what prohibited. SEC. 16. Be it further enacted by the authority aforesaid, That all manufacturing enterprises now or hereinafter established within the corporate limits of said Town of Adrian shall be exempt from taxation by said town for a period of ten years from January 1st, 1920. Exemptions from taxation. SEC. 17. Be it further enacted by the authority aforesaid, That this Act, repealing said sections in the Act incorporating the Town of Adrian aforesaid, shall not become of force and effect until the mayor and council of the Town of Adrian have, in regular session assembled, by ordinance introduced and passed by them, declared this Act of 1899, incorporating the said Town of Adrian, to be of force and effect. This Act effective when. SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 18, 1917.

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ALBANY, CITY OF; NEW CHARTER. No. 168. An Act to create and establish a new charter for the City of Albany; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; to confer jurisdiction upon said city; to exercise police power over, and to regulate certain matters, and offenses in certain territory beyond its corporate limits proper, and to make all valid ordinances of said city, heretofore or hereafter adopted, relative to such matters and offenses, operative in said territory; to confer power upon said city, to acquire and own property beyond its corporate limits for certain purposes, and to own and operate a municipal abattoir, and to control and regulate other abattoirs or slaughter-houses; to provide that no valid or existing ordinances, rule or regulation of the former corporation, nor any contract or right made or acquired under the same, shall be affected by this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory in the County of Dougherty, hereinafter described, are hereby continued incorporated by the name and style of City of Albany, a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts, and to have and use a common seal and to do all other things necessary to promote the municipal corporate purposes of said city; and shall be able in law to purchase, hold and receive, enjoy, possess, retain, manage and dispose of, for the use and benefit of the said City of Albany, any interest

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in any real or personal property of whatsoever kind or description within or without the corporate limits of said city, to hold all property and effects now belonging to said city either in its name or in the name of others, for its use, for the purpose and intents for which the same were granted or dedicated; in like manner to use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereafter acquired; and all transfers and conveyances of real or personal property heretofore made by said city are hereby confirmed, ratified and declared legal. And said City of Albany shall succeed to all the rights and liabilities of the old corporation, and all existing valid ordinances, rules, by-laws and resolutions of the old corporation remain unaffected hereby and are hereby continued and confirmed. Corporate name. Powers. Succession to former corporation. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city 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; August 10, 1915, and as modified and extended and more definitely described, as follows, to-wit: Territorial limits. Commencing at the point (marked by a corner-stone) at the northwest corner of Davis and Seventh streets extended north and west, respectively, run a line south twenty-five hundred (2,500) feet to a point on the north line of Second street (marked by a corner-stone); thence due west seventeen hundred and seven and one half (1,707 1-2) feet to a point (marked by a corner-stone); thence south eighty-two hundred and thirty-two (8,232) feet to a point (marked by a corner-stone); thence east forty-seven hundred and seventy (4,770) feet to a point (marked by a corner-stone); thence south thirty-two hundred and twenty (3,220) feet to a point (marked by a corner-stone); thence due east seventeen hundred (1,700) feet to a point (marked by a corner-stone); thence due south seven hundred (700) feet to a corner-stone;

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thence due east to a corner-stone, 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 corner-stone) on the south line of State street, extended east; thence east along the said line of State street forty-six hundred and sixty (4,660) feet to a corner-stone; thence north twenty-nine hundred and thirty (2,930) feet to a point (marked by a corner-stone) on the north line of North street, extended east; thence west along said north line of North street thirty-nine hundred (3,900) feet to a corner-stone 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 corner-stone) 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 (6,790 1-2) feet to the beginning point, at the northeast 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 and 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 the purpose of the exercise by the authorities of said city of police power and authority over offenses, matters or things affecting in any manner or degree, health, peace, good order, safety and morals, and over persons offending against the laws or ordinances relative thereto the corporate limits proper, as above defined, are hereby extended for a distance of one-half mile in every direction, and within said extended corporate limits the power and authority to exercise such police power and authority is hereby vested in and conferred upon the mayor and council of said city, and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering

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said offenses, matters or things, or said offending persons, shall become and be operative and of full force and effect in and throughout the territory within said extended corporate limits, and said territory shall be known as the city's police limits, and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city, in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory, and to make arrests therein for the violation of any State law relative to the said offenses, matters or things, or offending persons, and all summons, subp[oelig]nas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. Described. Extension for police purposes. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a mayor and six (6) members of council, elected from the city at large, and such other officers, servants and agents in addition to those hereinafter enumerated as said mayor and council may from time to time lawfully employ or elect. Government. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. Mayor. (1) Election for the mayor and members of council shall be by a vote of the people and shall be held under the election regulations hereinafter provided on the first Monday in December. Their terms of office shall begin on the second Monday in January next ensuing and shall continue for two (2) years and until their successors are elected and qualified. The mayors hereafter elected shall be eligible to succeed themselves for only one successive term. Elections and terms of office. (2) The first election held hereunder shall be on the first Monday in December, 1917, for a mayor and three members of council and at the next election thereafter, to

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wit: On the first Monday in December, 1918, for only three (3) members of council and so on in each year, thus securing a rotation in office, so that the full membership of said body may not be completely changed at one election; provided, that nothing herein contained shall operate to prevent the present mayor and council from continuing in their offices for their respective terms and until their successors are elected and qualified hereunder. Election of council members. (3) The mayor and council shall, on the second Monday in January in each year, elect one of the members of council as mayor pro tem., who shall in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfill all the duties of the same, and shall receive such compensation as the mayor and council may by ordinance prescribe. In case of the absence or disqualification of both mayor and mayor pro tem., the remaining members of council shall choose one of their members to act for such time as may be necessary. Mayor pro tem. (4) In the event that the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem. shall act as mayor during the balance of said term, and exercise all the rights and powers of the mayor during said term; provided, at the time of such vacancy it is not exceeding six (6) months before the expiration of said mayor's term of office. If, however, said unexpired term is longer than six (6) months from the date of such vacancy, the council shall within fifteen (15) days order a new election, and such election shall be held and managed in the same manner as hereinafter provided for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancy in mayor's office. (5) A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy it is not exceeding six (6) months before the expiration of said councilman's term of office. If, however, said unexpired term is longer than

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six (6) months from the date of such vacancy, the council shall within fifteen (15) days order a new election, and such election shall be held and managed in the same manner as hereinafter provided for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancy in council. (6) The mayor shall be the presiding officer of council, shall be entitled to vote on any question before said body, but shall only exercise such privilege in case of a tie, except in the election provided for in section three (3), section four (4), paragraph three (3); section five (5), paragraphs one (1) and three (3); section twelve (12), and section thirteen (13) of this Act, and in case of impeachment as provided for in section four (4), paragraph nine (9) of this Act. In addition, the mayor shall be the supreme executive officer of the city government and see to it that all laws, ordinances and resolutions are properly executed, shall see to it that all officers of the city properly perform their duties, and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the council from time to time as may to him seem proper for the public good. Mayor's powers and duties. (7) The members of council, together with the mayor, shall constitute the legislative department of the government, and as such, no less than the mayor, it shall be their duty to exercise a watchful care over all the city's interests, and more especially to initiate and propose such municipal legislation as may to them seem proper and needful. Legislation. (8) Said mayor and council shall have power to punish by execution and attachment for contempts, in a penalty not to exceed fifty dollars ($50.00), or confinement in the guardhouse thirty (30) days, either or both in their discretion, or to coerce the payment of fines for contempt by imprisonment; and in this connection to pass all ordinances deemed proper in the premises; shall have the power to establish parliamentary rules for the orderly conduct of business, and shall, before entering upon the discharge of their duties,

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each take and subscribe before some officer authorized by law to administer same the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the City of Albany during my continuance in office; that I will to the utmost of my skill and ability promote the interests and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof; so help me God. Punishment, power of. Oath of office. (9) That the mayor and council shall provide by ordinance for the impeachment and trial of any member of said body, who, upon conviction of malpractice in office, of any wilful neglect or abuse of the powers and duties of same, shall, by a two-thirds vote of the whole body, the mayor voting, except in case of his own impeachment, be dismissed from office. Reasonable notice and a fair hearing shall be given the accused. (10) The salary of the mayor shall be prescribed by ordinance and shall not be increased or diminished during his term of office. Salaries. (11) The compensation of the members of council may be prescribed by ordinance and shall not be increased or diminished during their term of office. SEC. 5. Be it further enacted by the authority aforesaid, That the following municipal officers of said city shall be elected by the mayor and council and shall hold their office for a term of two (2) years and until their successors are elected and qualified, to wit: An attorney, a physician, a treasurer and collector, a clerk of council, a sexton, a superintendent of the streets, a chief of the fire department. The first election hereunder for said officers shall be held on the second Monday in January, 1918, and every two years thereafter; each of the above named officers shall receive such compensation as the mayor and council may by ordinance prescribe, which amount shall not be increased or diminished during their term of office, and they shall,

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in addition to the duties herein prescribed, perform such other duties as may be provided by ordinance; provided, that such municipal officers shall at all times be subject to suspension, for cause, by the mayor in his discretion, but such suspension shall be reported within five (5) days to the council for action on their part, under the provisions of this charter; provided, further, that nothing herein contained shall operate or prevent the officers above enumerated now holding office in said city from holding same until the expiration of their respective terms and until their successors are elected and qualified. Officers to be elected. Terms of office, compensation, duties, etc. (1) A vacancy occurring in any of the offices hereinbefore in this section enumerated, an election to fill the unexpired term shall be held by the mayor and council in not more than fifteen (15) days thereafter. Vacancy, how filled. (2) Any one who has attained the age of twenty-one (21) years and is a qualified voter in the City of Albany shall be eligible to any municipal office. Eligibility. (3) All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body (the mayor voting), for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Removal or suspension. (4) All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public from any loss or damage by reason of their default, misfeasance, malfeasance, nonfeasance, or negligence, as the mayor and council may by ordinance prescribe. Oath and bond. (5) Neither the mayor nor any member of the council, or any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any

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profit or emolument for any purchase or sale of material or other article paid for out of the public revenues, or for which the city becomes responsible. Contracts forbidden. SEC. 6. Be it further enacted by the authority aforesaid, That all elections, both general and special, for whatever purpose, held in said city, shall be conducted in accordance with the following regulations: Elections regulated. (1) The mayor and council shall appoint, prior to each election, a board of three managers, each of whom shall be a qualified voter in the city, and who shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election; that we are qualified voters in said city, that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the laws of the city, nor knowingly prohibit any one from voting who is so entitled by law; and will not divulge how any vote was cast, unless called on under law to do so; so help us God. And said managers shall appoint three (3) clerks. Oath of managers. (2) That all elections shall be held at the county court-house and at such other places as may be prescribed by ordinance. Places. (3) That the vote shall be given by ballot and secretly, no one but the election managers being allowed to be present with the voter, except in case of a challenge, the person challenging, who shall immediately withdraw after the decision of the managers is made. Secret ballot. (4) In case a voter is unable by illiteracy or physical disability to prepare his ballot, one of the managers may, at the voter's request and in the presence of the other two, prepare his ballot for him. Ballots. (5) The polls shall be open from seven (7) A. M. to six (6) P. M. standard time. Polls. (6) There shall be kept by the three clerks appointed

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by the managers as hereinbefore prescribed, three (3) lists of the names of the voters, which names shall be numbered in the order of their voting, and also three (3) tally sheets. Clerks (7) As each ballot is received the number of the voter on the list shall be marked on his ballot before said ballot is deposited in the box. Ballot number. (8) When any voter is challenged that fact shall be so written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia, that I have attained the age of twenty-one (21) years, and resided in the State for one year, in the County of Dougherty six (6) months and in the City of Albany three (3) months next preceding the election; that I have paid all the taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election; so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Voter's oath, if challenged. (9) To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, and so the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficient number of police to secure that end. Peace and order. (10) The managers shall not begin to count the votes until the polls are closed. Count of votes. (11) When the votes are all counted out, there must be a certificate signed by all the managers, stating the number of votes each person or question, as the case may be, voted for, or upon, received and each list of voters and each tally sheet must likewise have written the signature of the managers thereon. Certificate. (12) The oath of the managers, together with their certificate, and one tally sheet and list of voters shall be

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securely sealed in an envelope with the name of the managers endorsed thereon, and delivered to the clerk of council, who shall keep same safely and have it at the next meeting of the mayor and council. Returns. (13) That one tally sheet, one list of voters and all of the ballots shall be sealed up in the ballot box, and the names of the managers written across the seal, which said box and its contents shall be delivered to the clerk of the city council and by him safely kept until called for by lawful authority and the remaining sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority; provided, that if the same is not called for by lawful authority within sixty days after the election, the clerk shall procure the tally sheet and list of voters retained by the managers and shall destroy them, together with the tally sheet, list of voters and ballots returned to him in the ballot box, retaining only the papers returned under paragraph twelve (12) hereof, which shall be filed away and safely kept. Tally-sheets. lists, and ballot-boxes. (14) The mayor and council shall, at their first meeting after the election, receive said returns from the clerk of council and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be, which certificate, together with the resolution of the council declaring the results of the election, shall be entered on the minutes of the council. Declaration of result. SEC. 7. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly, in the County of Dougherty, who shall have paid all taxes legally imposed and demanded by the authorities of the city, including the street tax, except for the year in which the election occurs, and who shall have resided three (3) months within jurisdictional limits of the City of Albany, and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualified voters. SEC. 8. Be it further enacted by the authority aforesaid,

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That the clerk of council, or, in case of his sickness or absence, any officer of the city duly appointed by the mayor and council for that purpose, shall open at the clerk's office (or at such other place as may be designated by the mayor and council, notice of such change being given by newspaper publication), forty-five days prior to each election, a list for the registration of voters, which list shall be kept open from nine o'clock A. M. until one o'clock P. M. and from two o'clock P. M. until six o'clock P. M. standard time, each and every day, Sunday excepted, for a space of thirty days (30), when it shall be finally and absolutuely closed at six P. M. on the thirtieth day; provided, that in all elections for the authorization of a bonded or other indebtedness said lists shall be opened thirty days prior thereto instead of forty-five. Registration of voters. (1) Upon application in person by such persons entitled to register who shall furnish the clerk of council evidence of their qualification, the clerk or other registering officer shall allow said person to enter upon the registration list their name, and shall require such person, in addition to entering his name, to enter his age, residence and occupation. Said names shall be alphabetically arranged in the register, the white and colored being kept separate. Registry. (2) The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant for registration to the mayor and council, but the registrar may in his discretion administer to the applicant the following oath: I do solemnly swear that I am twenty-one years of age, or will be on the day of the election, and am qualified by citizenship, residence and payment of taxes to vote for members of the State Legislature in the County of Dougherty; that I will have resided in the City of Albany for the last three (3) months at the time of the election, and have paid all taxes which have been required of me by the authorities of said city and which I have had opportunity to pay, agreeable to law, since the adoption of the present Constitution, except for the year of the election; so help me God. And when

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applicants are sworn a minute of that fact shall be entered opposite their names on the list. Oath of applicant to register. (3) Any qualified voter, who, by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer of this or any other State, authorized by law to administer same, stating the age, occupation, residence and cause of disability of applicant, and when the clerk or other registering officer shall receive such affidavit, during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the register. Application not in person. (4) That in order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as provided now or as may be hereafter provided for by the State law, and, in addition thereto, the mayor and council is hereby empowered and directed prior to the first election under this charter to prepare a list of all those who are disqualified to vote by the reason of the non-paymnet of city taxes since the adoption of the present Constitution of the State, and shall also provide for a revision of said list from year to year. And the registering officer shall refuse to register any person whose name appears on either of these lists, unless such person shall furnish satisfactory evidence that his disqualification has been removed. Disqualified voters. (5) The clerk or registering officer shall furnish the managers of the election, prior to the opening of the polls, a certified copy of said city registration list arranged alphabetically, with the ages, occupations and residences of the voters named therein, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk of council after the election and by him safely kept and preserved. Registration list. (6) Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor, and be punished as prescribed in section 666 of the Penal Code of Georgia. Any person who shall falsely take the oath provided

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for in paragraph two (2) of section eight (8) shall be guilty of false swearing and shall be punished as prescribed in section 262 of the Penal Code of Georgia of 1910. Penalty for illegal voting. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a fire department maintained and operated by said City of Albany under such rules, regulations and ordinances as the mayor and council may prescribe, and such as already exist. In addition to chief the fire department shall consist of such a number of 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 the same, shall make such expenditure therefor as may be previously authorized by the mayor and council, and shall make such report to said mayor and council of the condition of the department as may be required; and said chief shall be and he is hereby made ex-officio a police officer of the city, and empowered to make arrests as regular police. All members of the fire department, except the chief, shall be elected by the mayor and council on the first Monday in September of each year to hold office for a term of one year from the second Wednesday after first Monday in September and until their successors are elected and qualified. Fire department. SEC. 10. There shall be and there is hereby established in and for the City of Albany to be conducted in such manner and at such time, except Sunday, at any place in the city as the mayor and council may prescribe, a city police court, in which court the mayor shall be the presiding officer. In case of the absence or disability of the mayor, for any cause, the mayor pro tem., or in his absence or disability, for any cause, any member of the council designated by the mayor pro tem. shall preside. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with section of the charter, shall be prescribed by the mayor and council or by rule or order of the presiding officer thereof not in conflict with this charter or city ordinances on the subject, and the mayor and council shall have power to provide by ordinance for

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the compulsory attendance of all persons violating any municipal ordinance before said police court, by summons or copy of charges, to answer the offense charged, and, when employed, such summons or copy of charges shall be issued as provided for subp[oelig]nas and shall contain a summary or simple statement of the offense charged; and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subp[oelig]nas. Police court. (1) Said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the corporate limits, and to punish persons convicted in said court of violating such laws and ordinances in a fine not to exceed two hundred dollars ($200.00) or by imprisonment in the guard-house, city prison, or other place provided, or by compulsory labor on the streets or other public works, or city chain-gang, not to exceed sixty (60) days, and either one or more of said punishments may be imposed, or the several punishments may be cumulative, or the fine may be imposed with an alternative of such imprisonment or compulsory labor, or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty is provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishment as herein enumerated. The jurisdiction of said police court shall further extend to the investitgation of any charge involving or amounting to a violation of the penal laws of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making same. Jurisdiction, powers, [Illegible Text] (2) The mayor or other presiding officer of said court shall have the same power as judges of the superior court of this State to punish for contempt of said city police court by a fine not to exceed twenty-five dollars ($25.00)

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or imprisonment in the city guard-house, city prison, or other place provided, or in Dougherty County jail not to exceed ten (10) days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said mayor or other presiding officer of said court shall be to all intents and purposes a justice of the peace in so far as to enable him to issue warrants for offenses committed within the City of Albany against the penal laws of this State, this either before or after a hearing or trial of the charge in said police court; provided, the affidavit required by law to obtain warrants is first made before said mayor or other presiding officer, which warrant may be executed by any member of the police force of the city. Said mayor or other presiding officer of said court, as such as ex-officio justice of the peace, shall have the power and authority to commit to the jail of Dougherty County offenders against the law of the State of Georgia, and to admit them to bail, in bailable causes, for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Dougherty, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any State law, have the power to bind the defendant over as above set forth. Punishment, powers of, (3) The said mayor or other presiding officer of said court shall have the right and power to suspend, vacate or reduce penalties of said court imposed by him, for legal grounds, in his best judgment and discretion, and the same shall apply to penalties and sentences of said court pronounced by the officer who presided in said mayor's stead; it being the intention hereof to give the officer who pronounced the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a course is consistent with justice; provided, no fines which have been imposed and collected shall be refunded in whole or in part, except by the city council upon written recommendation of the mayor, or other presiding officer, who may have imposed such fine. Penalties; suspension, etc.

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(4) There shall be kept in such court one or more dockets, upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or State penal law, and each person brought before said court by summons, warrant or other writ issued therefrom, to answer for the violation of any ordinance of the city or any State penal law, together with the names of the witnesses against them, and a summary or simple statement of the offenses with which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused; provided, the mayor and council may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge, by the mayor or other presiding officer of said court, which respective entries signed by the mayor or other presiding officer shall constitute the judgment of the police court in each respective case. Summons, statement of offenses, etc. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings before said court by subp[oelig]na, which subp[oelig]na may be issued by the chief of police or any member of the police force, or clerk of council, and shall bear test in the name of the mayor and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subp[oelig]naed shall appear. The mayor or other presiding officer of said court shall have the power to punish any person disobeying said subp[oelig]na for contempt of court, within the limits of punishment in this Act prescribed. Such subp[oelig]na shall be served by any officer or member of the police force of city. Any person who may be charged with contempt of court, as hereinafter provided, may be arrested, by an attachment or warrant in writing signed by the mayor or other presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. Witnesses. Contempts. (6) The ministerial officers of said court shall be the

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chief, deputy chief, and other members of the police force, any of whom may execute the mandates of the court and to whom, in the alternative, all'mense and final processes thereof shall be directed. Officers of court. (7) The right of certiorari from the decision and judgment of the police court shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. (8) In any case where any person has deposited a sum of money as a bond for the appearance in said police court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and to be paid over by said police court to the city treasurer as the property of the City of Albany, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. Deposit in lieu of bond. (9) When any bond is given by any person charged with an offense against the ordinances or arrested for such offense, for his or her appearance at any session of the police court, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearance, then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her security, calling on them to show cause, in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the city at least two days prior to the return day thereon upon the principal and sureties personally, or in the absence of either from the county or State, then by one newspaper publication of said scire facias two days before the return thereof. If at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the clerk of city council shall issue execution against the principal and surety, in conformity with such judgment, and in the form and

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manner prescribed for execution issued by the city for taxes, and which execution shall be placed in the hands of the city marshal who shall proceed to collect the same as tax executions are collected by the city. Bond and forfeiture. (10) Persons sentenced to labor by said police court shall be turned over to the superintendent of streets or other officers in charge of the streets and public works, to be put to work on said streets or public works in or around said city. Sentence to public works. (11) The mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into said police court, such as are incident and lawfully chargeable to the prosecution of said cases. Costs. (12) Upon the failure or refusal of any person to pay any fine or costs imposed by said police court the same may, in addition to other methods, be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in the same manner. Executive. (13) Upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem. by affidavit or such other manner as he may require, that any person has violated any municipal ordinance or law, said mayor or mayor pro tem. shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, his deputy or any member of the police force of the city, and shall be signed by said mayor or mayor pro tem. Warrant for arrest. 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

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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 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 when accusation is brought, until trial subject to the provisions hereinafter

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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 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 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 the 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 ordinances 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 ordinances 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

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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 policeman shall be sworn as other policemen and shall receive 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 clothes 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 the expense of the city and shall remain the property of the city. Police force. Election, oath, term, duties, etc. Special police. Detectives. SEC. 12. That there shall be a board of police commissioners connected with the municipal government of the City of Albany, which said board shall consist of five (5) persons, citizens of said city, and neither of them shall be a member of the city council, but the mayor of the city shall be ex-officio president of the board and shall preside at all meetings thereof. He shall in no event have a vote, by reason of his membership on said board, but shall at all times, by virtue thereof, as well as by reason of his office as mayor, have the right and power to call upon the police force or any member thereof to execute any law, ordinance, or resolution of the city government. In the absence or disability of the mayor, from any cause, the mayor pro tem. shall preside in his place, and in the event of the absence of both the mayor and mayor pro tem., for any cause, a member of the board selected by the board shall preside; provided, such member, by reason of presiding, shall not lose any power to vote on all matters considered by the board. The first election hereunder shall be by the mayor and council at their last regular meeting in January, 1918,

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and at the last regular meeting of the mayor and council in each succeeding year there shall be held an election to elect a commissioner to succeed the commissioner whose term will then expire. Any vacancy occurring in the board during the year, for any other cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by the mayor and council, and such incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. Each regular term shall begin at the date of election and close, as hereinbefore declared, and until a successor is elected and qualified. No person shall be eligible for election and membership on said board for two consecutive terms; provided, however, that any person filling an unexpired term may be eligible for election to the succeeding term; and provided, further, that nothing herein contained shall operate to prevent the present commissioners from holding their office for the full term for which they were elected. Board of police commissioners. Election. Eligibility. (1) That each member of said board of police commissioners, before entering on the duties of his office, shall take and subscribe this oath before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as commissioner of police during my continuance in office. I have not, in order to influence my election to this office, as commissioner, directly or indirectly, qexpressedly or impliedly, promised my vote or support to any person for any office in the City of Albany, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor or affection, reward or hope thereof, but in all things pertaining to said office I will be governed by my conviction of the public good. I do further swear that I will prefer charges or complaint with the board for the breach or violation of any of the ordinances, rules or regulations governing the police force, on the part of any member of the police force coming within my personal knowledge. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of the city council. Oath of office.

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(2) That the board of police commissioners thus elected and qualified shall have exclusive power, and it shall be their duty to appoint a marshal or chief of police, and such other police officers or policemen as is or may be prescribed by the city ordinance. This power extends to unexpired as well as to regular terms. They shall keep a record of their proceedings, and the clerk of the city council shall act as the clerk thereof. They shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. Three, exclusive of the mayor, shall constitute a quorum with power to transact all business, including questions of the election or dismissal of members of the force. They shall exercise full direction and control of the officers and members of the police force in conforming to the existing ordinances and such as may be applicable to the subject, but in no event shall said power be so construed as to deny the mayor and ex-officio president the right and power to call upon the police force, or any member thereof, to execute any law, ordinance or resolution of city government. And provided, further, that the members of the entire police force, rank and file, shall be subject to suspension by the mayor, for cause, in his discretion, but in all cases of such suspension it shall be the duty of the mayor to report the same within five (5) days to the board of police commissioners, for action thereon. Said commissioners shall serve without compensation or emolument. That said board shall, when sitting for the trial of any member of the police force, have power to issue subpoena for witness, to be signed by the clerk of council and bear test in the name of the chairman, and to issue and enforce attachments against persons disobeying same, and shall have the power to punish for contempt to the same extent as in this Act conferred upon the mayor and council, and the orders, writs, warrants, attachments or other process of said board shall be directed to and executed by the chief of police or any member of the police force. Powers and duties of board. SEC. 13. There shall be a board of water, gas and electric light commissioners, of which the mayor shall be exofficio

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chairman. In addition to the mayor, said board shall consist of two (2) members elected by the mayor and council from the citizens of said city. Any one eligible to the office of mayor or councilman shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two (2) years, one of said members to be elected, as herein provided, on the second Monday in January of each year. The terms of office of said commissioners shall begin on the second Monday in January and continue until their successors are elected and qualified. All vacancies shall be filled for the unexpired term in not more than fifteen (15) days after such vacancies occur; provided, that the present board shall continue in office for the full term for which they were elected. Said board shall govern and control the waterworks, gas and electric light system of said city, in the manner hereinafter set out. Board of water, gas and light commissioners. (1) The said board of commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in books to be kept for the purpose, of the acts and doings of said board, a full report of which shall be made quarterly to the mayor and council of said city; provided, however, that the said mayor and council, by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the mayor and council. Oath of office. (2) That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board, within the scope of their authority, shall be obligatory upon, and be in the law considered as if done by the mayor and council; provided, however, that no election that shall be held by said board shall be valid unless all three (3) commissioners are present and vote in said election. Quorum of board. (3) That said board of commissioners shall biennially, on Tuesday after the first Monday in January, elect one

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superintendent of waterworks, gas and electric lights, whose term of office shall be for two years, and until his successor is elected and qualified; provided, however, that the present superintendent shall continue in office for the full term for which he is elected, who may be required to make stated reports, to both the mayor and council and the board, and whose compensation shall be fixed by the mayor and council. In addition said board shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light, gas and waterworks plants, but no such employment shall be for a longer period than one (1) year; the compensation of all such employees to be fixed by the mayor and council. Said board shall have the power to inflict penalties by way of fine, suspension or discharge, upon said superintendent for any cause that may seem just and proper, after a fair opportunity to be heard, two (2) votes being necessary to fine, suspend or discharge, but a full board of three (3) shall be necessary to constitute a quorum for said purpose. Superintendent. Employees. (4) That said board shall have power to establish a scale of water, gas and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; and shall have the further power to furnish at cost, place and compel the use of meters, and prescribe the kind, and make the use of same a condition precedent to furnishing premises with water, gas or electricity, and to prescribe how and where such meters shall be placed; and the members of said board, the superintendent, and all inspectors in their service, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water, gas or electricity is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stop-cocks and other apparatus connected

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with said waterworks and gas works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties such person so offending shall, upon conviction in the police court, be fined not exceeding fifty dollars ($50.00), or imprisoned in the guardhouse, not exceeding fifty (50) days, either or both, or by fine with an alternative of such imprisonment. In addition, the board may shut off the supply of water or gas until the required examination is made, and such alteration and repairs are completed as necessary. Rates. Regulations. Examination. Penalty. (5) That said board shall regulate the distribution of said water, gas and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock-founts and in such places as they shall see fit, and elect in what manner and for what purpose the same shall be used, for all of which they may charge at their discretion; provided, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the mayor and council may direct and be under their exclusive control and direction. Distribution of water, gas, and electricity. (6) That said board shall have full power and authority to require the payment in advance for the use or rent of water, gas or electricity furnished by them in or upon any building, place or premises; where the payment in advance is not required, for non-payment they may shut off the water, gas or electricity from such building, place or premises; and shall not be compelled to again supply said places or premises with gas or electricity or water until the arrears, with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of water, gas or electric light or power rents or charges, execution therefor may be issued against the person, firm or corporation actually using or consuming the

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same, which execution shall be signed by the superintendent, of water, gas and electric lights and bear test in the name of the chairman, shall be directed to the marshal or chief of police and be in the form of and enforced as executions for city taxes, with the right in the defendant to contest by illegality, and such charges or rents shall constitute and be a lien upon all of the property of the defendant from the time they become due and such lien shall rank with respect to all other liens next to the city's liens for taxes, and notice of such lien is charged to all persons dealing with said defendant, and said lien shall not be divested by any sale of the defendant's property. And said board shall have the power at their option to keep on hand and furnish to consumers, at not exceeding cost, gas stoves, gas heaters or other devices of like kind or not, used in connection with gas, as said board may deem proper. Payments, enforcement of. Execution, lien of. Gas heaters, etc. (7) That said board shall make no contract for the price of using water, gas or electricity for a longer time than one (1) year. All complaints regarding inequalities in the rates shall be heard by said board, and their decision shall be final and conclusive. Contracts. (8) That the mayor and council may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said board, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city, coming into their hands during their continuance in office, and said bond, or bonds, to be made payable to the City of Albany. Bonds of employees. (9) The members of said commission shall receive such compensation for their services as the mayor and council may by ordinance prescribe. Compensation. (10) That the mayor and council of the City of Albany may at any time remove any citizen member of said board; provided, it shall satisfactorily appear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member

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whose removal is sought has been guilty of maladministration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the members of said council shall concur in said removal. Removal of board member. SEC. 14. Be it further enacted by the authority aforesaid, That said City of Albany shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets, privies, privy vaults and dry wells in said city, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the city, and with power also to require changes in or the total continuance of any such continuances or structures already in existence, or may hereafter be allowed. Drainage and health regulations. SEC. 15. Be it further enacted by the authority aforesaid, That the City of Albany shall have the power to regulate the width, location and grade of all streets, alleys, sidewalks and ways within the city, due regard being had for the original plan of said city, and shall have the further power to locate and lay off new streets, alleys or ways within the city, to alter in any manner or close and vacate any of same, and to prohibit any one from opening and laying off new streets or ways without the consent of the mayor and council. Streets. SEC. 16. Be it further enacted by the authority aforesaid, That the City of Albany is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said city, for sites for the erection of public buildings for said city, for parks, water supplies, sewers, cemeteries, plants for handling and disposing of sewerage, for drainage or sewerage purposes, for the purpose of opening and laying off any new streets, alleys or ways, extending, widening or altering in any manner, any of the streets, alleys or ways of said city, and for other public purposes, and to pay the owners of said property the

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damages incident to said condemnation. Said city shall proceed in condemning said property for the purposes mentioned, under the terms and provisions as are now, or may hereafter be, provided by the law of the State in such cases. The fact that the property needed by said city for said purposes may be owned by a railroad or other quasipublic corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Condemnation of lands. SEC. 17. Be it further enacted by the authority aforesaid, That the City of Albany shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the city, on such terms and in such manner as may be by ordinance prescribed, and shall have the further power to grant privileges and franchises to any person, railroad, street railroad, or other corporation to use any part or parts of the streets, alleys or ways in the city, upon adequate compensation, to be determined by the mayor and council, being paid into the city treasury, upon such terms and conditions as the mayor and council may prescribe; provided, that notice of the application for such privileges or franchises shall be published at least twice in the newspaper in which the sheriff's notices in Dougherty County are published ten (10) days before the final action on such application. Encroachments on streets, etc. SEC. 18. Be it further enacted by the authority aforesaid, That there be and there is hereby established a park commission in and for the City of Albany, to be composed of four citizens and the chairman of the standing street committee of the council, who shall have the rights and privileges of the citizen members. The said citizen members of the commission shall be elected by the mayor and council for a term of four years and until their successors are elected. The first election hereunder shall be held on the second (2d) Monday in January, 1918, to elect a citizen member to succeed the member heretofore elected, whose term expires in 1918, and annually thereafter, on the second Monday in each year, a citizen member shall be elected to succeed the member whose term then expires,it being the intention that nothing herein contained shall

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prevent the present members of said commission from serving the terms, respectively, for which they were elected. No person shall be eligible to appointment and election as one of said citizen members unless he be a citizen of the City of Albany. Each member of said commission shall, before entering upon the duties of his office, subscribe the following oath before some office authorized to administer the same, to wit: I swear that I will faithfully and impartially demean myself as a member of the park commission of the City of Albany during my continuance in office, and I will well and truly perform all the duties of said office; and I will neither be concerned nor interested pecuniarily, directly or indirectly, in any contract or work or material furnished for or on behalf of any work, improvement or preservation of the parks or public playgrounds of the City of Albany while a member of this commission. Said oath shall be entered on the minutes of said commission. Said park commission shall have the exclusive management of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of Tift Park, Inghram Park and the Auditorium or Chautauqua Park, and all other similar parks and public playgrounds owned or controlled by the City of Albany. Said commission shall have the exclusive control and direction of the planting and caring for the trees, grass, flowers, and shrubbery in said parks and playgrounds; provided, that nothing herein contained shall confer power upon said commission to have or assume any authority over the cemeteries, or the side or center parks of and in the streets of the City of Albany, but all such shall be directly under the control and authority of the mayor and council, except the care, planting, preservation and removal of trees and shrubbery on said center of side parks. Said commission shall keep a record of its proceedings and shall elect one of its members as secretary and treasurer; it shall hold a stated meeting each month at the city hall, and such other meetings as it may prescribe from time to time, or as may be called by the chairman. The chairman shall be elected by the commission. Three (3) of said commission

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mission shall constitute a quorum with power to transact all business. The commission shall have the power to adopt such rules for its government as it may deem proper. Accurate accounts of expenditures made by said commission shall be kept and regular quarterly reports made thereof to the mayor and council. The commission shall annually file a complete report of its actings and doings of the previous year, which shall be referred to the mayor and council, and be spread upon the minutes of the commission. All expenditures made by said commission shall be within such amount as has been previously appropriated by the mayor and council on application for such appropriation by said commission. Any expenditures in excess of any such appropriation shall be expressly approved by the mayor and council before the same is incurred. The city engineer shall act as adviser to said commission and shall be subject to its call and direction. Said commission shall have the power to and shall make such rules and regulations as may seem to it proper, touching matters and things within its jurisdiction, which rules and regulations shall be submitted to the mayor and council of the City of Albany, and, when approved by the council of said city, shall become binding and effective. When said rules and regulations are confirmed by the council, provisions shall be made by the council for penalties necessary for the due observation of said rules and regulations. Park commission. Oath of office. Management and control. Meetings, records, etc. Reports. Expenditures. Engineer. Rules, etc. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right to tax said franchise, and reserve in said grant the right by ordinance from time to time to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary. Franchises, taxation and regulation of. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to adopt, maintain and declare of force a code of ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and

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rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. And said code shall be subject to amendment or repeal, in whole or in part, at any time; provided, that in adopting a code it shall not be necessary to read the same twice, or record same, nor the ordinances, resolutions and rules therein, as in this charter in section twenty-one (21) provided, for the passage and adoption of ordinances and resolutions, which said section twenty-one (21) shall not apply to said code; provided, further, that only the ordinance adopting a code shall be passed in accordance with said section twenty-one; provided, further, that nothing in this section contained shall render said section twenty-one inoperative relative to ordinances and resolutions adopted subsequent to, or amending said code. Code of ordinances. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city, and to prescribe punishments for the violation of the same, in a fine not exceeding two hundred dollars ($200.00) or imprisonment in the guard-house, city prison, or other place provided, or by compulsory labor on the streets or other public or city chain-gang, not to exceed sixty (60) days, and either one or both of said punishments may be prescribed, or the several punishments made cumulative, or the fine may be imposed with an alternative of said imprisonment or compulsory labor, and the fine imposed may be covered by such imprisonment or labor. Said mayor and council shall have the power to erect and maintain suitable guard-houses, city prisons or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Welfare clause. Punishment powers of. (1) All ordinances, before they shall pass, shall be read twice, and each reading had at separate meetings, regular or special, on separate days, and the first reading shall be

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at a regular meeting of the mayor and council; provided, that both readings of said ordinances may be had at the first meeting, upon unanimous consent of the mayor and council to that effect; provided, further that ordinances or resolutions appropriating or involving expenditure of money for purposes other than ordinary current expenses shall be read twice as above provided, and the rule shall not be suspended. Ordinances and resolutions. (2) All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council. (3) All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor or acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided, further, that nothing contained in this and previous paragraphs shall affect in any manner any existing valid ordinances of said city. SEC. 22. Be it further enacted by the authority aforesaid, That said city shall have the power and authority by ordinance to pave, repave or repair the pavement of the sidewalks of the city, and to assess the cost of same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon; and said city shall have the power and authority by ordinance to grade, pave, macadamize, curb, or otherwise improve for travel or

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drainage, any of the streets, alleys or ways of the city or to regrade, repave, recurb, remacadamize or repair the pavement, curbing, grade or drainage of the same, and to assess one-half of the total cost of same against the owners of the property abutting on each side of the streets, alleys or ways so improved, according to the frontage owned by each thereon; and to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys or ways of said city, so improved, to grade, pave, macadamize, or regrade, repave or remacadamize or otherwise improve, as the mayor and council may by ordinance direct, the width of their tracks and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct. In the event any such company or companies fail or refuse to comply with said requirement the city may have the same done and the expense thereof shall be assessed against said company or companies, as hereinafter provided in this section; and said city shall be and is hereby empowered to enforce the payment of the assessments provided for in this section by execution against the abutting property and against the owners of the same, which execution shall be issued and enforced by levy and sale of said property like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city, and redemption by the owner as provided for by the Code of Georgia, and amendments thereto; and all assessments heretofore made by said city for the purpose herein specified, but remaining unpaid, may be enforced as herein set out; provided, however, that to an execution issued under the provisions of this section, the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit

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shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Dougherty County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The assessments provided for in this section shall constitute and be a lien, from the date of the ordinance making the assessment, upon the property against which they are assessed, as well as upon all the property generally of the person owning the property at the date of the assessment, and such lien as between other liens shall take rank as city taxes. One publication of the ordinance or ordinances providing the improvement mentioned in this section in the newspaper of Dougherty County in which the sheriff's advertisements are published shall be sufficient notice to abutting property owners, or railroad or street railroad companies having tracks on the streets to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; provided, that in case of non-residents, a copy of said ordinance shall be mailed to the address of all non-residents owning land abutting to that where the improvements are to be made, if the address of such non-residents be known, but failure to send or receive such copy shall not invalidate the ordinance, the assessment or levy, nor any other proceedings thereunder. Paving and repair of streets. Assessments. Executions. Illegality. Lien of assessments. Publication of notice. SEC. 23. Be it further enacted by the authority aforesaid, 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

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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 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 the power to confiscate and destroy all tainted meats found on the markets of the city, and to confiscate all meats found within said limits brought in contrary to the laws and ordinances of the city. Abbattoir. SEC. 24. Be it further enacted by the authority aforesaid, That in addition to the special school tax authorized by the Act of the General Assembly, approved August 21, 1906, and in addition to that necessary to pay the principal and interest on its bonded indebtedness, said City of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal, within the limits of the city, not to exceed one per cent. ad valorem; to levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper and upon franchises and incomes; to fix a license on theatrical exhibitions, circuses and shows of all kinds, or the sale of spirituous and malt liquors, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, ten-pin alleys, butcher shops, livery-stables, auctioneers, and upon all other classes or kinds of business, whether of like kind

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or not, legitimately coming within the police power of the city, as may be just and reasonable. The taxing power of said city, except as herein limited; shall be as general, complete and full as that of the State itself; and said taxes ad valorem, license or occupation, shall constitute a lien upon all the property of the taxpayer or person liable and take rank as provided by law for city taxes. Taxes ad valorem, occupation, etc. (1) Said city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due, and shall have the power to enforce the collection of taxes by execution issued by the clerk of council, directed to the marshal or chief of police and bearing test in the name of the mayor, which execution shall be issued in the time, and in the manner prescribed by city ordinances not in conflict with the State law, and such executions shall be enforced by the marshal or chief of police by levy on and sale of the property of the defendant, and the sales under same shall be conducted as is now or may hereafter be provided by State law and city ordinances not in conflict with said State law; and where the owner of property in said city is unknown, such execution may be issued against said property and the levy on and sale thereof shall be had as herein provided. And said city's power to provide machinery or methods for the return, assessment and taxation of property within the city shall be as full and complete as that of the State. Tax returns. Executions for taxes. (2) Said city shall have the power to provide by ordinance for the registration of all business occupations that are subject to a specific occupation or license tax, the time or times at which same shall be due, and shall provide penalties, within the limits of this charter prescribed, for engaging in same without first registering and paying the tax, and shall have the power, in addition thereto, to enforce

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the collection of same by execution, as in the previous paragraph provided. Registration of businesses. (3) Said city shall have the power to require each male resident living within the present or future corporate limits of the city, between the ages of sixteen (16) and fifty (50) years, inclusive, to work upon the streets in said city, as the mayor and council may direct, for as many as six (6) days in each year, or in lieu of said work to pay a street or commutation tax not to exceed three dollars ($3) annually, and, further, to provide for the collection of said tax by execution which may be issued and enforced as other executions for city taxes; and to provide for the punishment in the city police court of such residents who have failed or refused to pay the commutation tax when demanded by the person or officer appointed by the mayor and council to make such demand, and who shall, without a good excuse, fail or refuse to appear at the time and place appointed, to work, when summoned or notified by the person or officer whose duty it is to give said summons or notice by the regulations of the mayor and council, or who shall fail or refuse to do faithful work, as ordered by the person or officer in charge of the work, when such residents have appeared. Street work and street tax. (4) Said city shall have the power to appoint boards of tax-assessors of real and personal property, consisting each of three (3) freeholders of said city, which boards shall assess for taxation, respectively, the value of all personal and real property in the city, and perform such other duties in connection therewith as the mayor and council may prescribe, and each of said boards, when sitting, shall have the powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce such attendance and production by attachments for contempt, which may be punished by said boards, respectively, as in this charter prescribed for contempt committed before the police court. And the mayor and council shall provide by ordinance, not in conflict with State law, for the ascertainment of the value of taxable property by said boards in contested cases, and shall provide

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by ordinance, not in conflict with State law, for notice and hearing to taxpayers, the value of whose returned property has been increased or whose unreturned property has been assessed, with the right in the taxpayers to contest the taxability of the property by petition in equity in the Superior Court of Dougherty County. Assessments for taxation. SEC. 25. Be it further enacted by the authority aforesaid, That the City of Albany shall, in addition to the powers hereinbefore granted, have the following powers: (1) To try all nuisances within the city and abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated in a summary manner; to charge the expense for abating such nuisance against the person causing the same, or the owner of the premises, according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as execution for city taxes. Nuisances. (2) To regulate butcher pens, butcher shops, tanyards, livery-stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become dangerous and injurious to the health of the public or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health aforesaid. Regulations. (3) In order to guard against danger or damage by fire, said city shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gatherings and may require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Fire regulations. (4) To regulate and control all hotels and public houses

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within the city, and to revoke the license of same in case they should become disorderly. Hotels, etc. (5) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Dogs and other animals. (6) To require owner of lots to drain same, fill up excavations or depressions, and upon failure to do so after reasonable notice, to have same done at owner's expense and enforce collection of same by execution against the property, which execution shall be issued and enforced in the same manner, and with the same privileges, as to contest, to the defendant as provided in case of sidewalk and street paving executions. Drainage of lots. (7) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights, or both; to provide for the regular inspection of same, and to fix the rates of fares and carriage thereon. Vehicles, regulation of. (8) To regulate and control barrooms, saloons and bowling alleys; to refuse a license to same in certain localities and to revoke the license of same when it may become proper or necessary. Saloons, etc. (9) To construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated; to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which execution issued is due and stating what amount he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance, and all such affidavits so

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received shall be returned to the Superior Court of Dougherty County and there tried and determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The executions herein provided shall be enforced as in case of executions for paving, the assessment shall have the same lien. Sewerage, assessments for. (10) To regulate all machinery, including stationary and locomotive engines within the city, and to make all such needful rules and regulations for the same as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noise. Machinery. (11) To establish one or more markets and regulate the same, fix hours of sale therein, prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances, rules and regulations necessary and proper to control marketing within the city. Markets. (12) To organize a chain-gang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chain-gang. (13) To own, use and operate for municipal purposes and for profit, a system of waterworks and electric lights and gas works; to make rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission. Waterworks lights, etc. (14) To provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person or damage to property. Buildings. SEC. 26. Be it further enacted by the authority aforesaid, That the enumeration of power contained in this Act shall not be considered as restrictive, but this City of Albany

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and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumerations were not made, and the mayor and council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Powers herein stated not restrictive. SEC. 27. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed; provided, that nothing in this Act contained shall operate to effect or repeal the Act of the General Assembly of Georgia, approved August 21, 1906, entitled an Act to provide for a system of public schools in and for the City of Albany, Dougherty County, Georgia; to empower and require the mayor and council of said city to levy and collect a special tax for the maintenance and support of same; to establish a board of education to conduct the same; to define the powers of said board; to provide for ratification of the Act by election, and for other purposes, which said Act is hereby declared to be and remain of full force and effect. Repealing clause not applicable to Act of 1906. Approved August 18, 1917. ARABI, TOWN OF; NEW CHARTER. No. 169. An Act to create a new charter for the Town of Arabi, in the County of Crisp, State of Georgia; to reincorporate said town; to incorporate an act amending the charter of said town; to provide and grant certain powers and privileges to the said corporation; to prescribe the duties and the election of the officers, and the manner of such election; to provide for the issuance of bonds

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for public improvements, and to provide rules and regulations under which elections are to be held for the issuance of such bonds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Town of Arabi, County of Crisp, State of Georgia, be and the same is hereby reincorporated under the name of the Town of Arabi, and said corporation is continued as a body politic, under the same name, without any break in the continuity of its existence and have perpetual succession, and the right to contract with and be contracted with, to sue and be sued, to plea 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 town and its inhabitants, to exercise said powers, functions, privileges and immunities as belonging to municipal corporation generally under the laws, as well as those hereinafter specially enumerated and to do all other acts and things relating to corporate capacity, and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said town, any property, real or personal, of whatever kind or nature whatsoever within or without the limits of said town, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same was granted or dedicated, and to use, manage, improve, sue, convey, rent, or lease, or otherwise deal with any and all property at present owned, or which may hereafter be required by said town. Corporate name. Powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said Town of Arabi shall extend one mile in every direction from the present depot site of the Georgia Southern and Florida Railway Company in said town. Territorial limits. SEC. 3. Be it further enacted by the authority aforesaid, That all corporate rights powers and privileges now heretofore possessed by and all duties imposed by law upon

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said municipal corporation are hereby preserved unto the said town under its new charter. All Acts and parts of Acts of the General Assembly of the State relating to said town, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said town and in force therein at the same time of the approval of this Act, and all parts of the same shall remain in force, except each of them as are in conflict with the provisions of this Act, reincorporating said town, as such ordinances, regulations and resolutions as may have been passed by said municipal authorities under its older charter, may be amended or repealed by the mayor and council of the Town of Arabi at any time in the future. All property and property rights now held, owned or possessed by said town, and all obligations of every kind and character due to by said municipal corporation shall remain unchanged and free of force and effect. All pending suits or claims by or against said town are preserved intact and unaltered. The present mayor and councilmen and employees of the Town of Arabi 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 with this charter or the ordinances of the town. Rights and powers prescribed. SEC. 4. Be it further enacted, That the municipal government of the Town of Arabi and its corporate powers shall be vested in and composed or exercised by a mayor and board of four councilmen, under the corporate name and style of Mayor and Councilmen of the Town of Arabi. The mayor and each councilman, at the time of his or their election, and before they can be eligible to hold office as such in said town, shall be at least twenty-one years of age, a qualified voter in said town, and a qualified voter for member of the General Assembly of the County of Crisp, and shall have resided in the County of Crisp for a period of two years, and in the Town of Arabi for a period of six months prior to such election. Mayor and council. Eligibility. SEC. 5. Be it further enacted, That in the event the office of mayor, or either of the councilmen, shall become

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vacant by death, resignation, removal, or otherwise, the said council shall, by resolution, order an election to fill such vacancy, and shall give at least ten days' notice thereof, which said notice shall be posted in three or four common and conspicuous places in said town, and the election so held shall be held in the same manner as general 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 such office the said mayor and councilmen of the Town of Arabi shall have the right and power to fill said office for the remainder of the term by selection made by them, without submitting the same to the voters of the town, if there shall have remained in office a quorum of the regularly elected officers. Election to fill vacancy. SEC. 6. Be it further enacted, That on the first Saturday in December, 1918, there shall be an election held for a mayor and four councilmen of the Town of Arabi, to succeed the present mayor and councilmen, whose terms expire as now provided by law, and the mayor so elected shall hold his term of office for a period of two years, or until his successor is elected and qualified. Two of the councilmen shall be elected for a period of one year, or until their successors are elected and qualified, and two councilmen shall be elected for a period of two years or until their successors are elected and qualified. And thereafter, annually, two councilmen shall be elected to fill the two whose terms of office shall expire as herein set out. Election of mayor and council. Terms of office. SEC. 7. Be it further enacted, That the election of mayor and councilmen of said town, as well as any and all other municipal elections held in said town, shall be held as nearly as possible under the same rules and regulations as govern elections for members of the General Assembly. The mayor and councilmen of said town shall have the right to appoint any three freeholders, or any two freeholders and a justice of the peace who are residents of said town, 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

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faithfully superintend this day's election; that we are qualified by being freeholders or justice of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote who is not entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled; so help us God. Said oath shall be signed by all superintendents or managers and shall be made and subscribed before some officer authorized to administer oaths. Said managers shall hold such elections under the usual rules and regulations governing matters, and shall count the votes. When the votes are so counted said managers shall sign a certificate stating the number of votes each person or each side of the question voted on, as the case may be, received at said election, and the list of voters and the tally sheet must likewise be signed by the managers holding said election. Said certificate, together with one tally sheet and one list of voters, shall be securely sealed in an envelope, with the names of the managers endorsed thereon, respectively, and then delivered to the clerk of the town council, who shall safely keep and return the same to the next meeting, either regular or called meeting, of the mayor and councilmen, 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 said council. One list of voters, one tally sheet, and all the ballots cast in said election shall be sealed by the managers, with their names endorsed on the package, respectively, and returned by them to the ordinary of Crisp County, and all contests growing out of any such elections concerning same shall be before the ordinary of said county, and heard and determined by him under the general rules of law governing contested elections. No such contest shall be allowed or heard unless the same is instituted within five days after the election. Elections, conduct of. SEC. 8. Be it further enacted, That all municipal elections in the Town of Arabi shall be held and conducted at the city hall, or place of meeting of the mayor and council, or such other place or places as may be designated by resolution of the mayor and council, and the time of day

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for keeping open the election shall be from eight o'clock A. M. until four o'clock P. M. The mayor and council may provide by ordinance or resolution such regulations for safeguarding the elections held in said town, and for the proper and orderly conduct of the same, as to them may appear to be reasonable, and not in conflict with this Act and general laws of the State. Place of elections. SEC. 9. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and councilmen shall make and subscribe the following oath, which shall be administered by any person qualified to administer oaths, to wit: I do solemnly swear that I will faithfully and impartially discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the Town of Arabi, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said town and its people, during my continuance in office and without fear, favor or affection, so help me God. Said oath, and the fact that it has been administered, and by whom attested, shall be recorded on the minutes of said mayor and council. Oath of office. SEC. 10. Be it further enacted, That the mayor and four councilmen, who shall be elected as provided herein, shall assume their offices and enter upon the discharge of their duties on the first Wednesday in January succeeding their election and qualification as herein provided, which said newly elected mayor and council shall, at such first meeting, elect from their membership one of the councilmen as clerk and treasurer for said town, and another from their membership as mayor pro tem.; and shall also elect a town marshal and such assistants to said town marshal as they may see fit and proper; provided, that said mayor and council may by appropriate resolution make provisions for such assistants to town marshal as may, from time to time, become necessary. Clerk and treasurer, and marshal. SEC. 11. Be it further enacted, That the salaries of the officers of the said Town of Arabi shall be as follows, to wit: The mayor to receive a salary of $50.00 per annum;

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the clerk and treasurer, who shall be elected from the membership of the council as herein provided, shall receive $50.00 per annum; the councilmen of the Town of Arabi shall serve without compenstion. The marshal, and his assistants who may be elected and appointed as herein provided, shall receive such salary or compensation as may be fixed and determined by the mayor and councilmen of the Town of Arabi. Salaries. SEC. 12. Be it further enacted, That the mayor of said town shall be the presiding officer of the council; he shall also be the chief executive of the municipal government, and shall see that all laws, ordinances, orders, by-laws, resolutions and regulations of the town council, or of any department of the town, are properly executed and enforced, and that the officers properly execute and perform their duties. He shall have special control of the police force of the town, and shall see that peace and good order are preserved, and that persons and property therein are protected. The mayor, in all things, shall exercise general supervision over the affairs of said town, and shall by proper order and direction supervise and order all bills paid, and issue his order therefor to the clerk and treasurer of said town, and shall make such recommendations to the council, from time to time, as may seem to him proper for the public good; and shall keep himself advised with reference to each and every department of the town, and the manner in which the same is being operated; and in case of his absence, disqualification or disability, the mayor pro tem. shall discharge all of these functions, and if he, for the same reasons, can not act, another councilman, who shall be selected by the board of councilmen, shall act temporarily as mayor. Mayor's duties and powers. SEC. 13. Be it further enacted, That it shall be the duty of the clerk and treasurer of the Town of Arabi to receive and disburse all monies of said town upon proper orders from the mayor, and he shall make an itemized report of all receipts and disbursements annually which said report shall be filed with an auditing committee to be appointed by the councilmen on or before the first day of January of

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each year, succeeding his election, and shall make such other and further reports of his receipts and disbursements as the mayor or council may require. He shall attend all meetings of the mayor and councilmen; shall be ex-officio tax-receiver and tax-collector of said town; and shall keep a minute book and record therein a complete set of minutes of the actings and doings of the said council, and record therein, in proper order, all ordinances, resolutions and regulations governing said town and shall be ex-officio clerk of the mayor's court, and shall keep a neat and correct docket of all cases tried before the mayor; attend to the issuance of all license, permits, sign and issue all executions and other writs, and processes for the collection of taxes due the Town of Arabi, and perform such other duties as may be required of him by the mayor and council. Clerk's duties. SEC. 14. Be it further enacted, That the town council shall be composed of a mayor and four councilmen, as hereinbefore provided, and that three councilmen shall constitute a quorum for the transaction of all business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any councilman shall have a right to call for the ayes and nays upon a vote upon any question, and have the same recorded on the minutes. The mayor shall not vote on any question, except in case of tie. The mayor shall also have supervision of all ordinances, orders and resolutions passed by the board of councilmen, and shall have three days after the meeting at which council voted upon any question in which to file with the clerk, in writing, his dissent or veto upon any question and in the event he sees fit to veto any ordinance or resolution of council, council may, notwithstanding such veto, by three-fourths votes, to be taken by ayes and nays, overrule such veto and pass such ordinance or resolution, which has been dissented to or vetoed by such mayor. Council. SEC. 15. The mayor and council of said town shall hold regular meetings at least once a month; the time of meeting to be fixed by ordinance or resolution, for the consideration and transaction of such governmental, legislative, administrative, corporate, or municipal business or matters

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as may come before them; and they may also hold such special meetings from time to time as they may deem proper; such special meetings to be called by the mayor, or mayor pro tem. in the absence or disqualification of the mayor, upon the written request of any two members of the board of councilmen. Notice of such special meeting shall be given to each of said officers, and the purpose for which said meeting is called. Meetings. SEC. 16. Be it further enacted, That the said mayor and councilmen shall have the right and power, in the name and behalf of said town, to make such contracts, and to do such things as may be necessary or expedient for the [Illegible Text], good order, health, safety, benefit, and general welfare of the said town and the inhabitants thereof; and shall have power to make such rules and regulations, and to pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said town, and conserving, promoting and protecting the welfare, health, morals, peace and good order of said town, and the inhabitants thereof. Contracts, etc. Welfare. SEC. 17. Be it further enacted, That the mayor and councilmen shall have full power and authority to protect places of public worship; to provide cemeteries and places for the burial of the dead, whether within or without the town limits, 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 cause of disease, disorder, or annoyance; to regulate and prescribe rules for sewerage, drainage, closets, etc.; and regulate the keeping and storing of gunpowder, dynamite, gasoline, benzine and other combustibles; and to regulate the sale of ice and milk, and to provide for the inspection of same; to make regulations guarding against fires; to provide for fire-escapes in all buildings; to establish fire limits in said town, and to prescribe material out of which buildings shall be constructed therein; and from time to time enlarge or restrict the territory

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of such fire limits, and to provide penalties for the violation of such fire limit ordinances; to regulate or prohibit the running at large within the limits of said town, horses, cows, cattle, hogs and other animals, and to take up and impound the same; to regulate, control, and provide for the keeping of dogs within said town limits; to provide for a tax on dogs, and for taking up and impounding the same; to prohibit disorderly and bawdy-houses; and to adopt all other regulations and ordinances necessary or expedient for providing for the public safety, health, welfare, and morals of said town and its inhabitants. General regulations. SEC. 18. Be it further enacted, That a police court is hereby created and established in said town, and same is hereby clothed with all such powers as are inherent in courts generally, and as usually belong to municipal and corporate courts, as well as those hereinafter set forth. Said police court shall be held and conducted in such manner and at such place and at such times as the council may prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the town committed within the jurisdictional limits thereof, and upon conviction to punish the offenders for the violation of such laws or 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 appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein, and render judgment on the same; and also to try all nuisances and question arising in reference thereto, and to grant judgments for the abatement of the same and for the reversal thereof. The mayor of said town shall preside as judge in said court, or in his absence the mayor pro tem.; or other member of the council as herein provided, and shall determine such cases as are brought before him without any jury. 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

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empowered to issue warrants for offenses committed within the jurisdiction of the Town of Arabi, for police purposes, against the penal laws of the State, either before or after the hearing of the trial of the charge in police court, and where, in the course of an investigation of a matter in said police court, it shall appear that the penal laws of the State have been violated, it shall be the duty of the mayor, or acting police court judge, to bind over the offender to the proper court having jurisdiction of such matters, and to that end the said mayor, or other presiding officer, shall have power 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 the court, of competent jurisdiction to be held in and for said county. The mayor or other presiding judge of said court shall have the power to impose fines and inflict punishment after conviction upon all violators of laws and ordinances of said town by fine not to exceed one hundred ($100.00) dollars, or by confinement in the guard-house of said town for a period not longer than sixty days, either one or both of said penalties. Upon failure or refusal of any person to pay promptly any fines or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as provided for in the issuance and collection of tax executions by the said town, and levies may be made, and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and councilmen of said town. Said mayor or other police judge when sitting and presiding in said court shall have authority to punish for contempt by fine not to exceed twenty ($20.00) dollars, or confinement in the guard-house not to exceed ten days, or both, in his discretion. There shall be kept in said court-room one or more dockets, on which shall appear the name of each person arrested by the officers of said town, and the offense for which he is arraigned, clearly and distinctly set forth thereon. Upon the trial of such person, the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge by the presiding officer of said

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court, which respective entries shall be signed by the mayor or other presiding officer of said police court. Said court shall have power to compel attendance of persons charged with violations of laws, or any of the ordinances of the said town, by summons, which shall be issued by the clerk of the council, and bear test in the name of the mayor, and which shall set forth the nature of the charge or case, and the time set for trial or hearing, which shall be served on the defendant by an officer or member of the police force. Said court shall likewise have power to compel the attendance of witnesses in all proceedings by issuing subp[oelig]nas, which shall be similarly tested, issued and served. Cases before said court shall be tried as speedily as possible, with due regard to the rights of the accused, and of the city. Continuances may be granted by the court upon proper showing made in accordance with the rules governing such matters in superior courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. When any person who is charged with any offense against the laws or ordinances of said town, and is arrested for said offense, shall give bond for his or her appearance at police court, and if such person shall fail to appear at the appointed time in said bond, then and in such event said bond shall be forfeited, and the amount of same collected from the principal and securities thereon. If any person charged with offense against the ordinances of said town shall be arrested and has deposited a sum of money for the appearance of such person in police court, and fails to appear at the time appointed, such sum of money shall be forfeited instanter by judgment of the mayor or presiding officer, which forfeiture shall be entered upon the police docket, and the funds shall be paid over to the clerk and treasurer of said town. Said mayor and council shall have power to provide by ordinance for the charge and collection of all items of cost in cases brought before said police court, such as are usual and lawfully charged in such cases, the same to be added to the amount of the fines, or included therein, and collected and paid over to the clerk

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and treasurer of said town. The right of certiorari from police court shall exist in all cases and any and all persons who shall complain from decisions or judgments of said court shall have the right to have the same reviewed by writ of certiorari, as provided by laws of this State governing such writs. In all cases of conviction of any accused brought before said court, wherein a fine of more than twenty-five dollars ($25.00) or imprisonment for a period longer than twenty days is imposed such accused shall have the right to appeal said cause to the council for hearing and determination. The mayor pro tem., or any member of the council, provided such member did not preside at such trial, shall preside over the meeting of such council at the hearing of such appeal cases and the majority of those present, the presiding officer voting, shall determine the issue in said cause. Police court; jurisdiction, etc. Punishment, powers of. Dockets. Trials. Witnesses. Continuances. Bond, forfeiture of. Deposit in lieu of bond. Costs. Certiorari. Appeals. SEC. 19. The mayor and council shall have the right to establish and maintain a guard-house, and to provide for confinement of prisoners therein, and provide for their maintenance during the period of their imprisonment, and provide generally for the control and government of such prisoners as may be confined therein. Guard-house. SEC. 20. Be it further enacted, That it shall be the duty of the marshal of the Town of Arabi, as ex-officio chief of the police force of said town, by himself or through the force under him and at his command, at all times, day and night, to preserve public peace, good order and tranquillity in said town; to prevent the commission of crime, and arrest offenders; to protect the rights of persons and property; to provide proper police force and protection at fires; to disperse unlawful and dangerous assemblages, and preserve order at elections, and public meetings and assemblages; to regulate the movement of teams and vehicles, etc., on the streets of said town; to prevent violation of ordinances and laws of said town; and said town marshal shall discharge such other and further duties, including the levy and collection of tax executions, to advertise sales of property under such executions or other processes and such other and further duties and services as may be required

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by the mayor and council of said town, or provisions of this Act, or the laws of said State. Marshal's duties. SEC. 21. Be it further enacted, That the marshal of said town and the clerk and treasurer of said town shall immediately after their election make and file with the mayor a bond with some reputable fidelity company in such amount as may be required and determined by the council at their first meeting in January of each year. Bonds of officers. SEC. 22. Be it further enacted, That the Town of Arabi is hereby granted the power of eminent domain, and the mayor and councilmen are authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said town, for public parks, water supply, sewers, crematories or other public purposes and improvements, as provided for by Act of the General Assembly providing a uniform method of exercising the right of condemnation, taking or damaging private property; and said mayor and council are also authorized to similarly take and condemn personal property, in the same manner, when needed for public purposes of said town. Condemnation of lands. SEC. 23. Be it further enacted, That mayor and council of said town shall have power and authority to grant franchises, easements and rights of way, over, in or along the public streets, lanes, alleys, sidewalks, parks and other public property of the town, upon such terms and conditions as they may fix by ordinance. Provided, no such franchise, easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said town; and provided, further, that no such franchise shall be granted until the application for the same, with description of the nature of the franchise, the street on which same is desired, the terms upon which same is desired, and the time at which it will be acted upon shall then be advertised by public notices thereof in three or more conspicuous places in said town for a period of ten days; and provided, further, that said mayor and council of the Town of Arabi shall have authority to

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revoke all franchises so given or granted upon the violation of any terms or conditions upon which the same are given. Franchises, easements, etc. SEC. 24. Be it further enacted, That said mayor and council of the Town of Arabi shall have authority to own, operate, and contract for the use of municipal purposes, and for the use and benefit of the inhabitants of the Town of Arabi, and for profit, a system of waterworks, a system of electric lights, a system of gas works, or other such public utilities as the mayor and council may, by appropriate resolution, determine to be expedient and advantageous to the inhabitants of said town. The mayor and council shall also have authority to make rules and regulations governing the use of the same, fix prices and rates, and to provide by ordinance punishment for those who illegally abuse or damage property of any such public utility. Waterworks, gas and electricity. SEC. 25. Be it further enacted, That the mayor and councilmen of said Town of Arabi shall have authority and control over all street railroads, electric light and power plants, gas plants, or other public utilities doing business in said town, and over persons, firms and corporations owning, leasing or operating the same in said Town of Arabi, and regulate the business so conducted by public utilities, and ice factories, and the dealers in ice, and also to fix the rates and charges for public services; provided, that such rules and regulations shall not controvert the laws of this State governing such public utilities. Public utilities; rates and regulations. SEC. 26. Be it further enacted, The mayor and council of said town shall have full power and authority over all pipes, sewers, private drains; to control and regulate any sewerage system, or waterworks system, that may hereafter be established in said town, power to prescribe kind of water-closets, urinals, or other receptacles or drains for water to be used within the limits of said town, and shall have power to condemn all surface wells, and require all owners of property adjacent to any sewerage system that may be established to properly connect all closets and other drains; and shall have power and authority to prescribe

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such rules and regulations for such sewerage system, or waterworks system, as they may deem necessary, and shall have power to enforce the same by order of the mayor's court, in event any person or persons fail to comply with such rules or regulations. Sewerage and sanitary regulations. SEC. 27. Be it further enacted, That the mayor and council of said town shall have the power and authority to issue bonds for and in the name of said town, for the following purposes, to wit: For building and equipping public school buildings, whenever a public school system shall have been established in said town, for establishing, enlarging, and improving a system of waterworks, a system of electric lights, or gas system; laying water mains and sewers, paving, repairing, and otherwise improving the public streets, alleys and highways, bridges, crossings or culverts of said town; and for the purpose of building a city hall, or public auditorium, and any other public buildings or public works that may be needed for the town, or for the convenience of its inhabitants. Before bonds of said town shall be issued for any such purposes, the mayor and council shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued, and shall specify the purposes and amounts thereof; the rate of interest to be paid annually, when to be paid off, and other terms and details thereof, all of which provisions the mayor and council shall have the right to fix and determine to the best of their discretion, in accordance with the laws now made and provided governing such municipal corporations. Said mayor and council shall also, in said resolution and ordinance, call for and provide for the holding of an election on such subject, and provide for public notices of such election, and otherwise comply with the constitutional provisions and laws of this State; provided, always, that the limit of the total bonded indebtedness of said town, as fixed by the Constitution of this State, shall not be exceeded. Should two-thirds of the qualified voters of said town vote in favor of issuing such bonds, at any election called for by the mayor and council as hereinbefore provided,

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then, in that event, such mayor and council shall, before the time of issuing said bonds authorized by such election, by appropriate resolution or ordinance, provide for the assessment, levy and collection during the life of said bonds or an annual tax upon all property in said town, 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 said town under the provisions of this charter shall become obligatory and binding upon said town and its taxpayers, with all the qualities of commercial paper, as now provided by laws of this State governing such municipal bonds. Said mayor and council are hereby authorized to negotiate and sell any of such bonds or series thereof so issued, and the proceeds thereof, when sold, shall be used only and applied only for the purpose for which they were respectively issued. Bonds issues powers as to. SEC. 28. Be it further enacted, That when any bonds are issued by said Town of Arabi, it shall be the duty of said mayor and town council of said town to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The said mayor and council of said town are hereby authorized, required and empowered for the purpose of paying the principal and interest of said bonds, either or both, of any bonded debt that may hereafter be created by said town, to provide by appropriate ordinance or resolution for the proper management, investment and safeguarding of such sinking funds; provided, that no investments of such funds shall be made by any official of said town which is not authorized by the laws of this State; provided, further, that whatever officer or officers may be designated in such resolution or ordinance so passed by the mayor and council shall execute bond to mayor and council of said town, and which said bond shall be made with some reputable fidelity company, conditioned upon the faithful and diligent discharge of the trust duty devolving upon the officer or officers so handling and investing such sinking funds. Sinking fund for bonds. SEC. 29. Be it further enacted, That the mayor and

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council of the Town of Arabi shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said town, to negotiate a temporary loan or loans, and to execute a note or notes therefor, in the name of said town, as may be provided by special resolution or ordinance for the purpose; provided, that the total sum so borrowed in any one year shall not exceed one-half of one per cent. of the assessed valuation of the taxable property of said town for that year; and provided, further, that such loans shall always become due and payable, and be actually paid in full before December 31st of the year in which such sums may be borrowed. Loans for casual deficiencies. SEC. 30. Be it further enacted, That said mayor and council shall have power and authority to levy or collect an annual ad valorem tax, not to exceed $12.50 on $1,000.00, on all property, real and personal, within the corporate limits of said town, as now or hereafter laid out, which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expenses of said town government; provided, that such additional amount may be assessed and collected as hereinbefore provided by said mayor and council of said town, on all property, providing for the payment of the principal and interest of any bonded indebtedness, which may hereafter be created by the issuance of any bonds, and in event such additional levy is made for such bonded indebtedness, all of such taxes so levied shall be added and collected at the same time and all such taxes shall become a lien on all property subject to taxation in said town, or owned on January 1st of each year, and shall become due and collectible on the first day of October of each year. Executions shall issue for such taxes unpaid on the first day of December of each year, or the first business day thereafter, in the event same falls on Sunday, and shall be enforced by levy and sale of property as is herein provided, and as provided by the general law of the State governing municipal corporations. The tax books for the said Town of Arabi shall be open for the reception of tax returns and shall remain open for such length of time as

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may be provided for the opening of such books, and reception of such tax returns, and the closing of such books, as may govern the tax books and returns thereof for the County of Crisp. Taxes; rate, assessment, collection, lien, etc. SEC. 31. Be it further enacted, That the mayor and council of said town shall have power and authority, any time they may see fit, to appoint a board of tax assessors, composed of three freeholders, residents of said town, whose duty it shall be to value and appraise all property subject to taxation in said town, both real and personal, and scrutinize carefully each return of property of any and all taxpayers, and, if in their judgment, they find property embraced in any return, or any portion of the return, below its proper value, they shall have power to fix and assess the value thereof; provided, that when the assessors so appointed and designated shall increase or raise the valuation of the property, they shall give such property owner written notice of their assessment or appraisement, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, within ten days of such notice, to have the matter reviewed, and left to three disinterested freeholders, residents of said town, one of whom may be selected by said property owner, one by the assessors, and the third to be chosen by these two, and the majority of the arbitrators shall fix the assessment of such property, which assessment or appraisal shall be final and conclusive; provided, further, that the mayor and council appointing such tax-assessors shall have the power to fix the compensation of such tax-assessors, and prescribe the duties of such tax-assessors, by appropriate ordinance or resolution. Tax assessors. SEC. 32. Be it further enacted, That the mayor and council of said town shall have power and authority, by proper ordinance or resolution, to classify and provide for the registering of the various occupations, trades, callings and kinds of business that are carried on in the town, and fix the specific or license tax on the same, and the time when such tax shall be payable, and shall provide penalties for engaging in such business or occupation without first registering and paying the tax required, and shall have

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the power to enforce the collection of same by execution, which shall be issued in the name of the said municipality, and bear test by the clerk and treasurer thereof, and shall be enforced and collected as provided in this charter, and by the general laws of the State governing such municipal corporations. Registration of businesses. SEC. 33. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay the specific or general tax, assessment lien, or other charges accruing against such persons, firms or corporations, or their property for which executions may issue under the provisions of this charter, or the ordinance thereof, shall be signed and issued by the clerk of said municipal corporation, and bear test in the name of said town, and shall be enforced by the marshal of said town, after levying the same upon the property of the defendant in fi. fa., or against the property against which said execution was issued. If the property levied upon be personal property, the marshal shall advertise the sale thereof by posting notices in three or four public places of said town ten days before said sale, and, if the property be real estate, shall advertise the property once a week for four weeks in the official newspaper for the County of Crisp, in which sheriff's sales are advertised, before selling the same, and all sales under execution shall be conducted before the door of the city hall, or other place of meeting of the town council of the Town of Arabi, and such sales shall be made under the rules of law governing sheriff's sales. When personal property is sold, the marshal will deliver possession at once to the purchaser or purchasers. When real estate is sold, under this provision, the marshal shall make the purchaser a deed, and upon application of purchaser shall put him in possession of such real estate sold; provided, that the marshal will not be authorized to turn out any person other than the defendant in fi. fa., his heirs, tenants or assigns. The cost of the clerk issuing such fi. fa. shall be fifty cents in each case, and the marshal shall be entitled to the same fees for levy and sale of such property as are allowed the sheriffs on sales of real estate; provided, however, that

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all fees so collected by said officers, who are now or may hereafter be authorized to collect fees and charges, shall be paid into treasury of the Town of Arabi. Executions, levy and sale under. Costs. SEC. 34. Be it further enacted, That the marshal of the Town of Arabi, or the collecting officer of said town, shall be authorized to transfer and assign any fi. fa., or execution issued in the name of the said municipality, to any person, firm or corporation, and the same effect hereby vest the person or transferee with the same right as in case of the sale or transfer of tax fi. fas. as now provided by law; provided, that the owner of any such real estate so sold may redeem the property by payment of such cost, interest, etc., as is now provided by law for the redemption of property sold at sheriff's sale under tax execution, under the laws of this State. Transfer of executions. Redemption. SEC. 35. Be it further enacted, That all persons subject to and liable to perform road duties by law of this State, residing in the Town of Arabi, shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, or to pay a commutation tax in lieu thereof not to exceed four ($4.00) dollars, as the mayor and council may determine. Should any person liable to work the streets of said town under this section fail and refuse to do so, or to pay the street tax in lieu thereof, or after having received due notice from the marshal or other police officer so to do, on or before the last day as the mayor and council by ordinance may require, such person may be sentenced by the mayor, or presiding officer of police court in said town, to work upon the streets of said town for and during a term not to exceed fifteen days, under direction and control of a proper officer, or be confined in the guard-house for a term not to exceed twenty days, or the payment of such fine as the mayor, or presiding officer, in his discretion may impose. Thirty days' continuous residence within the corporate limits of said town shall be sufficient to subject any person to liability to do street work. Street work, and commutation tax. SEC. 36. Be it further enacted, That the mayor and

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council of said town shall have power and authority to provide by ordinance for registration of all voters in said town, prior to any regular or general election for mayor and council of said town, and to make all needful rules and regulations for the same, and require that no person do vote unless registered, and to fix suitable penalties for violation of such registration ordinances or parts of the same. Registration of voters. SEC. 37. Be it further enacted, That it shall be the duty of said town clerk and treasurer, thirty days prior to any and all general elections of said town, to open a registration book, to be kept open in the council chamber of said town, for proper registration of qualified voters of said town; said books to be kept open from eight o'clock A. M. to twelve o'clock noon, and from one to five o'clock P. M., except Sundays and legal holidays; and said registration shall be closed ten days prior to all general elections, such as election of mayor and council, and no person shall be allowed to register after such books have been closed, except upon the unanimous consent of the mayor and board of councilmen of said Town of Arabi. Registry. SEC. 38. Be it further enacted, That it shall be the duty of the clerk and treasurer, upon application of any male person, or any person who is qualified to vote for member of the General Assembly of Georgia, who has paid all legal taxes of every character required or imposed upon him by said town, and who, upon the day of the election, if then a resident, will have resided in said town 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 shall administer to such applicant the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia for twelve months, in the county of Crisp for six months, and have resided in the Town of Arabi for sixty days, or by the day of the next election you will have fulfilled these conditions; that it is your intention to remain a resident of this town until such election; that you are twenty-one years old; that you have

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paid all taxes due the Town of Arabi; that you have made all returns as required by ordinances of said town, and that you are qualified to vote for members of the General Assembly of Georgia; so help you God. Oath of voter. SEC. 39. Be it further enacted, That it shall be the duty of the clerk and treasurer of the Town of Arabi to furnish the managers of the election before the opening of the polls, with a complete list of all registered voters, arranged in alphabetical order, certified to under his hand and proper seal of said town. Registration list. SEC. 40. Be it further enacted, That such list, so provided and furnished by the clerk to the managers of all elections, shall be kept by such managers before them before the election, and they shall not permit any one to vote whose name does not appear on such list; and that any subsequent elections, called for any purpose whatsoever, the mayor and council may, by appropriate resolution, provide that all persons registered and qualified to vote in last general election preceding, for mayor and council for the Town of Arabi, may be allowed to vote at such special election. Voters SEC. 41. Be it enacted further, That if the mayor or any member of the board of councilmen be guilty of malpractice in office, wilful neglect of his duties, or guilty of any other acts unbecoming an officer of the Town of Arabi, he shall be impeached by the board of councilmen, and upon conviction shall be removed from office; provided, that a three-fourths vote of the mayor and councilmen sitting at such meeting shall be required to remove any such officer from his office. Impeachment and removal from office. SEC. 42. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917.

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ARLINGTON ICE AND COLD-STORAGE SYSTEM. No. 182. An Act to amend the present charter of the Town of Arlington, Georgia, approved October 9, 1891, and the amendments thereto, so as to provide that the mayor and aldermen of said town shall have the power and authority to call an election or elections to submit the question of issuing bonds for the construction and maintenance of an ice plant and cold-storage system in and for said town, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the present charter of the Town of Arlington, Georgia, approved October 9, 1891, and the amendments thereto, be amended, and the same are hereby amended as follows: Act of 1891 amended. SECTION 1. That the mayor and aldermen of said Town of Arlington shall have power and authority to provide for the construction and maintenance of an ice plant and cold-storage system in and for said town. Ice and cold storage. SEC. 2. Be it further enacted, That said mayor and aldermen shall have power and authority to issue bonds of said town for the purposes mentioned in the preceding section in accordance to and in conformity with and in any amount to the extent of and not in excess of the limit provided by the Constitution and laws of Georgia on the subject of the issuance of bonds by municipalities, said bonds to be of such denomination or denominations, payable at such time or times, not more than thirty years from date of issue, as said mayor and aldermen may determine, with such rate of interest, not exceeding six per cent. per annum and have such covenants and conditions as the mayor and aldermen may deem best, said bonds to be issued and sold for the purposes aforesaid, and to be signed by the mayor of said town, and countersigned by the clerk of the town council of said town under the corporate seal of said town, and shall be negotiated in such manner as said mayor and aldermen shall determine to be for the best interest of said

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town; provided, however, that said bonds shall not be issued until the question of issuing the same shall have been submitted to the vote of the qualified voters of said town and approved by a two-thirds vote of the same as hereinafter provided. Bond issue. SEC. 3. Be it further enacted, That whenever it shall be deemed expedient or desirable by the mayor and aldermen of said town to issue bonds, said mayor and aldermen shall order an election to be held in said town to determine whether said bonds shall be issued. Said mayor and aldermen shall give notice thereof thirty days next preceding the day of election in a newspaper published in said town notifying the qualified voters of said town that on the day named in said notice an election will be held in said town to determine whether said bonds shall be issued by said town. Said notice shall specify the amount of the bonds to be issued, for what purposes issued, and what rate of interest they shall bear; when the interest is to be paid, how much of the principal and interest is to be paid annually, and when said bonds shall be fully paid off. Said election shall be held on the day named in said notice, at the place for holding elections for mayor and aldermen of said town, and shall be held in the same manner and under the same rules and regulations that elections for mayor and aldermen of said town are held. The voting in said election shall be by ballot, and the ballots cast in said election shall contain, For Ice Plant and Cold-Storage System Bonds, or Against Ice Plant and Cold-Storage System Bonds, and if For Ice Plant and Cold-Storage System Bonds shall receive a two-thirds vote of the qualified voters of said town for said election, said bonds shall be issued, otherwise they shall not be issued. The test of the qualified voters for said election shall be determined from the registration list furnished by the registrars of said town for said bond election, said registration list to be compiled by said registrars from the registered voters of said town who have registered for said bond election. The managers of said election shall certify the result of said election in writing and turn said certificate over to the clerk of the town

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council of said town, who shall place the same on the minutes thereof, and the mayor and aldermen of said town shall, in the presence of and together with said managers, consolidate the returns of said election and declare the result thereof, which fact shall also be noted on the minutes of said town council by said clerk. Election. Notice. Ballots. SEC. 4. Be it further enacted, That the mayor and aldermen of said town, when ordering an election for the purposes aforesaid, shall at the same time order the registration books of said town open for the purpose of receiving registration for said election, and shall give notice thereof to the qualified voters of said town in a newspaper published in said town, stating in said notice when said books shall be opened, and where said books may be found for the purpose of registering. Said books shall be opened at least thirty days preceding the day named for said election, and shall be closed ten days before said election, when the same shall be filed with the registrars of said town for the purpose of revising the lists of registered voters for said election. Said registrars shall revise said lists of registered voters who have registered for said bond election in the manner now provided by the charter of said town, and the amendments thereto, and from the same prepare the registration lists of the qualified voters for said bond election. The test of those qualified to register for said bond election shall be as is now provided by the charter of said town, and the amendments thereto, for other elections in said town. Registration of voters. SEC. 5. Be it further enacted, That if, at any election held under the provisions of this Act, the necessary two-thirds of the qualified voters for said election do not give their assent to the issuance of said bonds, then it shall be lawful for the mayor and aldermen of said town at any time thereafter that they may deem it expedient or desirable to submit again and in the same manner the question of issuing such bonds to the qualified voters of said town, in accordance with the provisions of this Act. Second submission. SEC. 6. Be it further enacted, That all laws and parts of

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laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 18, 1917. ARLINGTON SIDEWALK PAVING. No. 116. An Act to amend section 2 of an Act of the General Assembly of Georgia, approved August 12, 1911, entitled An Act to amend an Act to provide a new charter incorporating the Town of Arlington in the Counties of Calhoun and Early, and to repeal the present charter and to grant certain powers and privileges to said town, and for other purposes, approved October 9, 1891, so that the mayor and council shall have the power and authority to require the property owners in the business section of said town to pave the sidewalks bounding their property; to provide a method of procedure therefor and enforcement thereof, and for other purposes, by striking from section two the word pentagon, and inserting in lieu thereof the word hexagon, 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 section 2 of an Act of the General Assembly of Georgia, approved August 12, 1911, entitled, An Act to amend an Act to provide a new charter incorporating the Town of Arlington in the Counties of Calhoun and Early, and to repeal the present charter and to grant certain powers and privileges to said town, and for other purposes, approved October 9, 1891, so that the mayor and council shall have the power and authority to require the property owners in the business section of said town to pave the sidewalk bounding their property; to provide a method of procedure therefor and enforcement thereof, and for other purposes, be and the same is hereby amended by striking from said section the word pentagon, and inserting

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in lieu thereof the word, hexagon, so that when so amended said section shall read as follows: Act of 1911 amended. SEC. 2. Be it further enacted, That said mayor and council shall not have authority to order paved or to pave any sidewalk, as hereinafter provided for, except in the following manner: Said sidewalks shall be paved with 18-inch cement tiling, hexagon in shape and not less than one and one-half inches thick, and with a curb not less than six inches wide by ten inches deep, and said sidewalk when paved shall not be less than ten feet wide inclusive of the curb. Read. Tiles for paving. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. ATLANTA EMERGENCY TAX. No. 11. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof wherein an emergency tax amounting to one-eighth of one per cent. shall be authorized to be levied upon the taxable property of said city for and during the year 1917, to cover emergency demands arising on account of the war and excessive municipal expenditures, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act establishing a new charter for the City of Atlanta, approved on the 28th day of February, 1874, and the several Acts amendatory thereof be and the same is hereby amended as follows: Act of 1874 amended. SECTION 1. That the mayor and general council of said city be and they are hereby authorized and empowered to

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provide by ordinance for the assessment, levy and collection of an emergency ad valorem tax on all real and personal property within the limits of said city not exceeding one-eighth of one per cent. thereon, for the purpose of enabling said city to raise funds to meet extraordinary demands caused by the existence of the present war and increased municipal expenditures, the present Legislature declaring an emergency exists in said municipality, which authorizes said additional tax; provided, that not exceeding one hundred and twenty-five thousand ($125,000.00) dollars of the funds so raised shall be expended on account of expenses necessary to meet the demands of public safety and the location, equipment and maintenance of war camps in and without the limits of the city, as well as to meet additional municipal expenses and excess of expenditures over the income arising from the ordinary tax levies, in the present year; provided, further, that this authority shall exist only during the year 1917, and shall be exercised during the year 1917 and said emergency tax shall be levied and assessed upon the property now on the tax books of the said city at the value thereon placed, for and during the year 1917, and shall be payable on or before October 1, 1917, and all the usual machinery of the said city shall be applied to assessing this emergency tax and to collect same and, following said date, if payments are not made by that time, the existing provisions as to interest, defaults, cost, executions, and sales for failure to pay taxes shall attach and be enforced. This emergency tax to be extra and additional to the regular annual tax levy authorized by existing charter provisions. Emergency ad valorem tax limited to year 1917. SEC. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1917.

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ATLANTA POLICE AND WATER EXTENSION. No. 28. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, whereby the limits of said city, for police purposes only, shall be extended over the different lines of transportation, steam and electric, passenger or freight, leading into said city either on public roads or private ways, for the full line thereof without the limits of said city to and ending at the county line of Fulton, except where same passes through other and different incorporations, and except on Peachtree Road where it shall extend to the end of the line thereon, and for a distance of fifty feet on either side of the private ways thereof, or, if no private ways, of the track or tracks thereof, and to extend, over said several lines and over the total areas above described, all the police power and authority of said city, and, furthermore, authorize and empower the mayor and general council of said city to extend the water mains, pipes, and appliances and to have and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed and to do this without the limits of the City of Atlanta and to extend its service without the limits of the City of Atlanta, under such provisions or regulations as they may see fit to establish, and to maintain or extend its system of waterworks, as now maintained or as hereafter established, not only to points within the County of Fulton, but to points within adjoining counties, under such rules and regulations as they may see fit to establish, 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 establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof be and the same are hereby amended as follows: Act of 1874 amended.

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SECTION 1. That the limits of the City of Atlanta, for police purposes only, be and the same are hereby extended over the different lines of transportation, steam and electric, passenger and freight, leading into said city, either on public roads or private rights of way for the full extent of the several lines without the limits of said city up to and ending at the county line of Fulton County, except where said lines pass through other and different municipal incorporations, in which event said incorporations shall retain their police power and, further, except on Peachtree Road where the limits of said city shall be extended beyond the said county line and to the end of the transportation lines aforesaid, except as to railroads, and the police power shall extend not only over said lines, but for a distance of fifty feet outside the track or tracks thereof, both on said road and private rights of way. In case of steam railroads police power shall extend over same, as above provided for, up to and including what is known as the cantonment. Police power of said city, hereby extended, shall cover the portion of said several lines of transportation above described and over the areas added thereto as above set out. Extension for police purposes. SEC. 2. That the mayor and general council of said city be and they are hereby further authorized to extend the water mains, pipes, and appliances of its system of waterworks and, also, to erect and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed without the limits of the said city and, further, to extend its system of waterworks without the limits of said city, under such regulations as they may see fit to establish, and further to maintain and extend its system of waterworks, as now or hereafter established, not only to points without said city and within County of Fulton, but to points within adjoining counties under such rules and regulations as they may see fit to establish. Extension of waterworks. SEC. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 6, 1917.

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ATLANTA TAX-OFFICE CLERK, TAXATION LISTS, AND CLERK OF COUNCIL. No. 90. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof be and the same are hereby amended as follows: Act of 1874 amended. SECTION 1. That section 2 of an amendment to the charter of said city, approved August 19, 1912, and all other amendments to said charter whereby the official filling the office of chief clerk in the tax office or the department of tax-assessors and receivers is put in charge of the reception of returns, and in lieu thereof it is hereby enacted, that the chief clerk in the department of tax aforesaid shall not be in charge of the reception of returns, but shall perform such duties in said department as may be provided by ordinance, but, in any event, he shall be under the tax-assessors and receivers, and not independent of them. Said position is retained but as a clerk in said tax office, and not as a head or subhead of any department therein. Clerk in tax office. SEC. 2. That all persons, firms and corporations who employ others to work for or under them shall, once a year, prior to June 1st, thereof, make out, in writing, a list of their employees and file same in the office of tax-assessors. List of employees. Furthermore, the managers, operators or persons carrying on the business of a boarding house, lodging house or hotel shall likewise furnish, in writing, a list of all persons boarding or lodging with them or in such houses or hotels, annually, prior to June 1st thereof. Boarders and lodgers. Furthermore, the managers or persons in charge of manufacturing plants of all kinds shall likewise prior to June 1st of each year make out in writing, and file in the office

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of tax-assessors, a list of all employees and help of every kind connected with, employed by or in charge of such factory or in any department thereof or by the company in connection with such factory or plant. Factory employees. Furthermore, the manager or person in charge of office buildings shall likewise, prior to June 1st of each year, make out a list, in writing, and file same in the office of taxassessors, of the names of all persons, firms or corporations occupying offices in their respective buildings and, where known, of all persons connected with or employed in such offices. Occupants of offices. Furthermore, that all persons occupying homes or residences of any kind shall likewise make out a list in writing, and file same in the office of tax-assessors, prior to June 1st of each year, of all persons residing in such homes or residences, white or black, male or female, living in such house or residence or any appurtenance thereof or in any house in the yard connected with said house or residence. Residents of homes. Furthermore, the owner, manager or person in charge of each apartment house shall likewise make out a list in writing, and file same in the office of the tax-assessors, prior to June 1st of each year, the names of all persons residing in such apartment house or serving any person or persons having apartments therein or residing upon premises connected with said apartment houses. Apartment-house occupants. Furthermore, each person under whom people are employed to work and each person who control or manage the property occupied by others or who have possession of a list of names working for them or for companies or for others with whom such persons are connected or by whom they are employed shall likewise make out a list in writing, on or before June 1st of each year, the names of all people working for them or for said firms or corporations or upon the property above described, and file same in the office of the tax-assessors. Other lists of employees. Furthermore, the agent or person in charge of any railroad depots, railroad shops, railroad yards, and railroad

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works of any kind shall likewise make out a list in writing, and file same with the office of tax-assessors, prior to June 1st of each year, giving the names of all employees, white or black, male or female, who work in such places or under such agents or persons or for such railroads in the departments above described. Railroad employees. Furthermore, that all express companies shall likewise make out a list of their employees, working in any capacity, same to be in writing, and filed in the office of the tax-assessors prior to June 1st of each year. Express company employees. Furthermore, that all names required to be furnished by any of the foregoing parties shall be persons residing in the City of Atlanta, and no list of persons residing without the limits of the City of Atlanta are required to be furnished under these provisions, whether they work in the several places above described or not. Lists limited to residents. Furthermore, the mayor and general council are authorized to provide by ordinance for the carrying into effect of the foregoing provisions and also to provide a penalty for failure to comply with the terms of the foregoing amendment and ordinances passed thereunder, not to exceed a fine of two hundred dollars or sentence on the public works not exceeding thirty days, either or both, for each offense, same to be imposed in the discretion of the recorder on conviction in the recorder's court. Provided, that the provisions of this section shall not be so construed as to require a list of the several persons mentioned in said section to be given except as of the date when said return is made. Penalty for violation. SEC. 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted, by the authority of the same, That the name and office of clerk of council in sections 117 and 502 of the city charter as published in the City Code of Atlanta in 1910 be stricken and that the section of the city charter codified in section 449 of the City Code of Atlanta of 1910 be also amended by striking therefrom the words, There shall be elected by the people at the same time other officers are elected a clerk of council, who shall hold office for a term of two years as provided in

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section 1 of the City Code of 1910 unless removed for cause to be adjudged of by the mayor and general council, and inserting in lieu thereof the following: Section 449. There shall be elected by the mayor and general council biennially, at the first regular meeting in June, a clerk of council whose term of office shall begin on the first Monday in January following, and who shall be elected to serve for a term of two years, unless removed for cause to be adjudged by the mayor and general council. Clerk of council, how elected. SEC. 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1917. BLACKSHEAR ELECTIONS, AND SANITATION. No. 3. An Act to amend an Act entitled An Act to create and incorporate the City of Blackshear in the County of Pierce, and grant a new charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city, and to provide for other matters of municipal regulation, concern and welfare and for other purposes, approved August 15, 1911. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating and incorporating the City of Blackshear, approved August 15, 1911, as contained in the Acts of 1911, pages 734 to 782, inclusive, be and the same is hereby amended as follows: Act of 1911 amended. SECTION 1. That section 17 of said Act creating the City of Blackshear, approved August 15, 1911, be and the same

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is hereby amended so that said section, as amended, will read as follows: Section 17. Be it further enacted, That all elections for mayor and aldermen, and elections on any question submitted to the voters of said city, shall be held at the court-house or at such other place or places, or at both court-house and such other place or places, as may be established by the mayor and aldermen of said city in meeting assembled. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said elections shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, with this exception, that the polls shall open at ten o'clock A. M., and close at three o'clock P. M. In elections for mayor and aldermen, the superintendents shall deliver certificates of election to the persons whom they find have received the greatest number of votes for the office of mayor and aldermen, respectively. All returns of elections, voting lists, tally sheets and ballots shall be returned to and filed with the clerk of council. Read. Elections, conduct of SEC. 2. That section 50 of said Act creating the City of Blackshear, approved August 15, 1911, be and the same is hereby amended so that said section, as amended, will read as follows: Section 50. Be it further enacted, That the mayor and aldermen may compel all persons within the limits of said city to connect with the sewer mains all water-closets, urinals and privies upon the real estate or in the building, or buildings, upon said real estate, owned by such persons, and, in the event of a failure or refusal so to form such connection, may cause such connection to be made after ten days' written notice to the owner of such lands or buildings, or if the name of the owner is not known or cannot be ascertained by the said mayor and aldermen, then said notice may be served upon the person in possession of said real estate or building or buildings thereon, and issue execution against such owner for the amount of the costs

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of such connection, including piping and all necessary material and for all costs, which execution shall be issued and collected as executions for taxes due said city are issued and collected. The lien of executions so issued shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Blackshear for taxes due said city. If the owner of said real estate, or building, or buildings is unknown, or the name of the owner thereof cannot be ascertained by the mayor and aldermen of said city, then execution may issue against the said real estate, for costs of said connection, including piping, necessary material and costs. Said mayor and aldermen may also by ordinance require such connections to be made with such mains within such length of time as they deem proper, and may provide for the punishment of persons failing to make such connections within the time prescribed as for violation of other city ordinances; provided, however, that in no case shall any person be required to connect with any sewer main or mains nor shall connection be made for him unless the closet, urinal or privy, or the residence of such person is within two hundred and fifty feet of such main or mains. Any person upon whose property an execution under this section may be levied shall have the right to file an affidavit denying that he owes the whole or some part thereof of the sum for which the execution issued, and in case he owes any amount stating what amount is due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance and all such affidavits so received shall be returned to the City Court of Blackshear of Pierce County and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Sewer connections. Execution. Lien. Penalty. Proviso. Approved July 28, 1917.

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BLACKSHEAR PUBLIC SCHOOL SYSTEM. No. 46. An Act to authorize the creation of a system of public schools in the City of Blackshear, Pierce County, Georgia, and to provide for the establishment, maintenance and support thereof by local taxation and otherwise; to provide for a board of education to institute, govern and control said schools, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: SECTION 1. That the city council of Blackshear is hereby authorized and empowered through a board of education herein provided for to establish, maintain and control a system of public schools in said City of Blackshear, which public schools shall be supported by local taxation and otherwise in the manner hereinafter provided for in this Act; provided, however, that before this Act shall become operative, its adoption shall be submitted to the qualified voters of said city, for which purpose the city council shall order an election of which notice shall be published in two issues of any newspaper published in said city, which election shall be held under the same rules and regulations as elections for mayor and aldermen of said city. At said election those in favor of the adoption of this Act shall have written or printed on their ballots the words, For public schools, and those opposed to its adoption shall have written or printed on their ballots the words, Against public schools. If two-thirds of the ballots cast in said election be for public schools, then this Act shall at once become operative. Should the result of the election be against public schools, then the city council of Blackshear is authorized and empowered to call another election at any time to vote on said question, and shall do so upon request in writing of twenty freeholders of said city; provided, a period of six months shall intervene between each election. Public-school system by local taxation, popular election for. SEC. 2. There shall be a board of education of said city under the name of the Blackshear board of education, and

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whose duty it shall be to establish, manage, control and maintain said public schools. Said board shall consist of five members to be elected by the mayor and aldermen of the City of Blackshear within the earliest time practicable after this Act goes into effect. At the first election three members shall be elected for a term until January 1, 1918, and for two years thereafter and two members shall be elected for a term until January 1, 1918, and for one year thereafter, and thereafter election for members of the board of education shall be held annually at the first regular meeting of the council in each year, or as soon thereafter as practicable, and the terms of the members elected after said first term shall be for a term of two years. All vacancies on the board of education shall be filled by the mayor and aldermen of said city for the unexpired terms only, and all members of said board of education shall hold their offices 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 and impartially discharge the duties of their office. No person shall be eligible to membership upon said board unless he is a citizen of said City of Blackshear and a freeholder, who has resided in said city for twelve months and in the State for two years immediately preceding his election and is at least twenty-one years of age and a qualified voter in municipal elections for officers of said city. No alderman of said city shall be elected as a member of said board, but in addition to the five members of said board provided for in this section, the mayor of said city by virtue of his office shall be an ex-officio member of said board, but without a vote. Said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect as to it may seem right and proper, which are not in conflict with the laws of the State or the provisions of this Act. Board of education. SEC. 3. The officers of said board of education shall be a president and vice-president, who shall be elected from the members of said board other than the mayor, and a secretary and treasurer who shall not be a member of said board,

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and such other officers as the board of education may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board of education to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to the City of Blackshear; and the said board of education is hereby empowered to bring suit in the name of the City of Blackshear and maintain the same upon said bond in any of the courts of this State having jurisdiction for any breach of said bond by the secretary and treasurer, and the proceeds of such suit shall be applied to the public schools of said city. Said secretary and treasurer shall pay out no money except by order of the board. His term of office shall be for two years and until his successor is elected and qualified, except that the first officer elected under this section shall serve until January 1, 1918, and for two years thereafter. Officers. SEC. 4. The said board of education shall have power and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time as may be to the best interest and advancement of the educational interests of said city, to establish such schools as they may see fit for the white children and for the colored children of said city, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one and in this have the concurrence of the mayor and aldermen of Blackshear. Powers and duties. SEC. 5. The said board of education shall keep full and accurate minutes of its proceedings, and said board shall meet at least once a month in regular session during the time said public schools are in operation. All minutes and other books of said board shall be subject to the inspection of the mayor and aldermen of said city of Blackshear, or any other interested citizen of said city, and said board, as

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often as required to do so, shall furnish to the city council of Blackshear a full and complete report of their work, undertakings and expenditures, together with statement of moneys had and received. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools, in accordance with the laws of the State, shall select and employ teachers for said schools, and, if they see fit, a superintendent for said schools. Said board is authorized to provide and adopt rules for the examination of all teachers employed in said schools. The board shall fix the school terms and the time of beginning and closing, it shall have the right to remove or suspend such teachers and superintendent whenever in its discretion it may deem such action to be for the best interest of said schools, and its action in so doing shall be conclusive in all cases, and not subject to review by anybody or court. The board shall fix the compensation of the teachers and pay the same. It shall make such by-laws, rules and regulations for its government and for the control of said teachers and schools as may be deemed fit and proper, and it may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools and do any and all other acts which it may deem advisable to promote the best educational interests of said city not in conflict with the State laws. Minutes. Reports. Teachers. Rules. SEC. 6. The said board of education is authorized and empowered for and in the name of the City of Blackshear to receive, hold, apply, sell, or expend any donation, gift, or bequest of property of any kind, real or personal made to said board for the benefit of the schools of said city. Donations. SEC. 7. The said board shall out of any funds going into its hands provide schoolhouses by renting, leasing, purchasing or building suitable buildings and shall properly furnish said buildings for school purposes. The title to all property purchased under this power shall be in the corporation of the City of Blackshear. Buildings. SEB. 8. The said board of education shall keep accurate account of all moneys or property received by it for the

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use of said public schools and of all expenditures made by the board. These accounts shall at all times be open to the inspection of the mayor and aldermen of Blackshear or any interested citizen of said city. The members of said board shall be personally liable to the City of Blackshear for all moneys paid to said board for the use of said public schools and by the board appropriated and paid out for any other purposes. Accounts. SEC. 9. The said board of education shall make an annual report in writing to the city council of Blackshear 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, and said city council of Blackshear shall provide for an audit by a competent accountant or bookkeeper of said report and of all books and records of said board of education. The said report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and shall be made at the end of each school year. Reports. SEC. 10. The terms of the officers of the board of education, other than secretary and treasurer, shall be fixed by the board itself, and no officer shall receive any compensation for his services, except the secretary and treasurer, whose compensation shall not be more than one hundred and fifty ($150.00) dollars per annum; provided, however, that said board by unanimous vote can pay reasonable compensation for special services which they find it necessary to secure in order to properly and legally put this system of public schools into operation and in order to operate said system properly and legally. Secretary and treasurer. SEC. 11. The public schools herein provided for shall run for a period of not less than five or more than ten scholastic months in each year. School term. SEC. 12. That if the election provided for in this Act shall be in favor of public schools, then the mayor and aldermen of Blackshear shall be authorized and empowered to assess annually an ad valorem tax, not to exceed three-fifths

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of one per cent., that is to say, six dollars on every one thousand dollars of property on all taxable property of every kind whatsoever in said city, which said school tax shall be used solely and exclusively for the purpose of establishing, maintaining and operating said public schools and providing furniture, apparatus, grounds and buildings for said schools. Tax for schools. SEC. 13. The said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year and shall submit such finding in writing to the mayor and aldermen of said city, and shall recommend the rate of tax to be levied for said purpose, not to exceed three-fifths of one per cent., and said mayor and aldermen of said City of Blackshear shall levy the rate so recommended by said board of education, provided, it does not exceed one-half of one per cent. In case the rate recommended by said board exceeds one-half of one per cent., then said mayor and aldermen shall levy at least one-half of one per cent., and it shall be in their discretion as to whether they levy the additional one-tenth of one per cent., making in that event the total levy for school purposes three-fifths of one per cent. Said taxes shall be levied, assessed and collected in the same manner as the other ad valorem taxes of said city. When the taxes for such purposes are levied and collected, the treasurer of the City of Blackshear shall pay the same over to the secretary and treasurer of the board of education without deduction. Estimate for tax rate. Levy and collection. SEC. 14. 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 any tuition, but the board of education may admit children living outside the limits of said city upon such terms as to it may seem reasonable and just and shall require such children to pay tuition commensurate with the cost of instruction for and during the school terms provided. All such tuition shall become a part of the fund

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for the maintenance of said public school system and shall be likewise used and accounted for. Said board shall have the right in the name of the City of Blackshear to sue for all such tuition as may become due under this section, should the payment thereof not be required in advance, and as well for any other claims that may become due said board. Children entitled. SEC. 15. That after the ratification of this Act the board of education of Pierce County shall not grant any license to or contract with any person to teach a school of any character in the City of Blackshear nor shall any of the State school fund be paid to any school in said city other than herein provided for, and said board of education of Pierce County shall not have any authority or voice in the management of the schools established under this Act by the board of education of the City of Blackshear. No license to teach. County board. SEC. 16. That the public school system of said City of Blackshear shall receive its pro rata share of the public or common school fund or funds direct from the treasury of the State, and it shall be the duty of the State Treasurer and the State Superintendent of Schools to pay over to the board of education of the City of Blackshear the pro rata share of the State public or common school fund or funds to which the public school system of said city is entitled under the existing laws of Georgia or under such laws as may be hereafter enacted; all such funds to be exclusively for the use and benefit of said public school system and not to be used for any other purpose. State fund. SEC. 17. That the county school superintendent of Pierce County shall pay over to the board of education of the City of Blackshear the pro rata share of the public or common school fund of Pierce County for all children within school age who are residents of said county and not residents of the City of Blackshear, but who are attending the public schools of said city and who have not been counted among the number of school children of said city upon which the apportionment of the public common school fund by the State School Superintendent between the City of Blackshear

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and the County of Pierce (outside of Blackshear) is based; provided, however, that in case the rate of tuition for non-resident children, as fixed by the board of education of said city, is higher than the proportion of the public common school fund coming to said children to be paid by the county school superintendent, then said board of education shall have the right to charge, contract with and collect said difference from the parents or guardians of said non-resident pupils. Share of county-school fund. Non-residents. SEC. 18. The board of education of Blackshear may provide for the admission of pupils over eighteen and under six years of age on such terms as to tuition as they may elect; provided, said terms are at least sufficient to cover the costs of such instruction. Admission of pupils. SEC. 19. That all assessments of taxes and all funds arising from or collected under this Act shall be by the corporate authority of the City of Blackshear kept separate and distinct from the other assessments and collections of said city, and are to be used solely for the purposes herein designated and the city council shall keep a separate, full and definite itemized account showing all moneys raised, when, how and from whom and what, and the disposition of the same and to whom and when paid out. Taxes distinct. SEC. 20. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1917. BLACKSHEAR TAX LEVIES. No. 4. An Act to amend an Act entitled An Act to create and incorporate the City of Blackshear in the County of Pierce and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers privileges, and liabilities of said corporation; to authorize

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said city to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city, and to provide for other matters of municipal regulation, concern and welfare, and for other purposes, approved August 15, 1911. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating and incorporating the City of Blackshear, approved August 15, 1911, as contained in the Acts of 1911, pages 734 to 782, inclusive, be and the same is hereby amended as follows: Act of 1911 amended. SECTION 1. That sections 55 to 71, inclusive, of said Act creating the City of Blackshear, approved August 15, 1911, be and the same are hereby stricken from said Act and the provisions of said sections are hereby repealed. Secs. 55-71 stricken. SEC. 2. That section 24 of said Act creating the City of Blackshear be and the same is hereby amended by striking after the word exceed and before the word per, in the twenty-seventh line of said section, the words and figures, one and one-half (1), and inserting in lieu thereof the words and figures, one and two-fifths (1 2-5), thus conferring upon the mayor and aldermen of the City of Blackshear under this amendment the power to levy annually an ad valorem tax of one and two-fifths (1 2-5) per cent., or one and 40-100 dollars ($1.40) upon each one hundred dollars ($100.00) of property upon all the property within the corporate limits of said city subject to taxation by said city under the Constitution and laws of the State of Georgia, but said tax of one and two-fifths (1 2-5) per cent. shall be levied only for the purposes mentioned in said section 24 of said Act, other than educational purposes. In addition to the said tax of one and two-fifths (1 2-5) per cent. hereby authorized to be levied, the mayor and aldermen of said city are hereby authorized to levy annually an ad valorem tax of three-fifths (3-5) of one per cent., or sixty cents (60c), upon each one hundred dollars of property in said city subject to taxation as aforesaid for the purpose of establishing, maintaining and supporting a system

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of public schools in said city, but the said tax of three-fifths (3-5) of one per cent. for said purpose shall not be levied until the adoption and ratification by the voters of the City of Blackshear of an Act entitled an Act to authorize the creation of a system of public schools in the City of Blackshear, Pierce County, Georgia, and to provide for the establishment, maintenance and support thereof by local taxation and otherwise; to provide for a board of education to institute, govern and control said schools, and for other purposes, at an election to be held under said Act to determine whether it shall be adopted. Sec. 24 amended. Tax rate for general purposes. School-tax rate. Conditional. SEC. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. SEC. 4. That this Act shall not go into effect until the passage by the General Assembly of Georgia, approved by the Governor and adoption at an election by the voters of the City of Blackshear of said Act entitled An Act to authorize the creation of a system of public schools in the City of Blackshear, Pierce County, Georgia, and to provide for the establishment, maintenance and support thereof by local taxation and otherwise; to provide for a board of education to institute, govern and control said schools, and for other purposes, the said election by the voters of Blackshear being provided for in said Act. When effective. Approved July 28, 1917. BRASELTON PUBLIC SCHOOL SYSTEM. No. 119. An Act to establish a system of public schools for the Town of Braselton, Georgia; to provide for the carrying on, management, control and support of the same; to provide for a board of education and other officers of said school system and prescribe their powers and duties, and for other purposes; to provide for bonds and voting thereof; for the purchase of property in which to carry on the school system, after submitting the same to the qualified voters of the Town of Braselton and the

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same is ratified by a two-thirds vote 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 there may be established in the Town of Braselton, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Public-school system. SEC. 2. Be it further enacted, That after the ratification of this Act, as hereinafter provided, the town council of the said Town of Braselton shall elect two members of the board of education of said public school system, who shall hold office until the regular election of the police and other city officers by said mayor and council in the succeeding calendar year. After said first regular meeting for the election for the police and other officers of said city as elected by the mayor and council at the time as now or hereafter may be fixed by the charter of said Town of Braselton, the said town council shall elect one member of said board whose term of office shall be one year and one member of said board whose term of office shall be for two years, and until their successors are elected and qualified, and in like manner the said town council shall annually thereafter elect one member of said board to fill the vacancies occurring by expiration of terms. All vacancies otherwise occurring in said board shall be filled immediately by said town council and such members shall hold office for the balance of the unexpired term. In addition to the two members of said board so elected the mayor of the Town of Braselton shall be ex-officio chairman of the board of education, and he, with the other two members elected by the town council, shall constitute the board of education of the Town of Braselton, with the right in them and their successors to take and hold in trust for the said Town of Braselton any grant or devise of land or donation or bequest of money or other property made to it for educational purposes; with the right to sue and be sued; that they have the right to purchase suitable lot or lots for school building and to erect thereon a school

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building or buildings; to purchase equipment and furnishings and grounds for school purposes. The said board of education are authorized and empowered to establish and maintain a high school on said premises, to conduct dormitories, to put buildings thereon by donations from others, to make contracts and to do any and every other thing that may be necessary or proper for the conduct and carrying on of said public and high school system in the Town of Braselton. The qualifications for members of the board of education shall be the same as prescribed in the charter for mayor and councilmen of said town. Board of education elected by council. Rights and powers. SEC. 3. Be it further enacted, That before the entering upon the discharge of the duties of said office each member of said board shall take and subscribe the following oath: I (A. B.) do solemnly swear that I will faithfully discharge the duties devolving upon me as a member of the board of education of the Town of Braselton, to the best of my skill and ability and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or the hope thereof, so help me God. A majority of said board shall constitute a quorum for the transaction of business. Oath of office. SEC. 4. Be it further enacted, That the mayor, being ex-officio chairman of said board, shall at the first meeting after the election of new members as herein provided cause said board to be organized for the ensuing year by electing a chairman pro tempore, to act in the absence or disqualification of the chairman, and also by electing some competent person as secretary, each of said officers to be elected by ballot or acclamation of said board, as they see proper; the former to be an officer of said board, but the secretary and treasurer may be some citizen of said town who is an earnest advocate of public schools and in the opinion of the board otherwise qualified to perform the duties of the office, or they may elect the clerk of the town council as such officer. The members of said board of education shall receive no compensation for their services as such. Organization and officers.

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SEC. 5. Be it further enacted, That it shall be the duty of the secretary and treasurer to keep a record of all the official acts and doings of the board of education, which records shall at all times be kept open to inspection of any taxpayer of the said Town of Braselton. He shall also give bond in sufficient amount with good security to be adjudged of by the board, payable to the Board of Education of the Town of Braselton, for the faithful discharge of his duties, and the safe keeping and proper disbursement of all money which may come into his care by his reason of his trust. He shall receive all public school money from the proper authorities, receive and receipt for all incidental fees, and all other moneys he may be entitled to receive, and keep a record of all moneys so received and paid out by him and take proper vouchers for all disbursements, but shall pay out no funds except by order of the board entered upon the minutes. He shall receive such compensation for his services as may be fixed by said board, which said board is hereby authorized to contract for and pay out of the public school funds. Secretary and treasurer. SEC. 6. Be it further enacted, That said board of education shall elect a superintendent and teachers and other officers for the public schools of Braselton, fix their salaries, contract with them as such and pay the same out of the moneys coming into their hands; and shall have the right and authority to suspend, or remove said superintendent or teachers whenever in their discretion they deem it best to do so and shall suspend or expel any pupil from attendance, when in the opinion of a majority of the board it shall be for the interest of the school, and their action in so doing shall be final and conclusive. Said board shall also be empowered and it shall be their duty to borrow money for the support and maintenance of said school, when necessary, and repay the same with legal interest from the funds coming into their hands, and they shall at all times supervise, regulate and make efficient said school system, fixing the length of the term and the time of opening and closing of the same, prescribe the curriculum, the text-books and books of reference to be used therein and shall do any and

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all such acts, not inconsistent with the laws of this State, as may promote the system of education. Superintendent and teachers. Borrowing of money; and regulation. SEC. 7. Be it further enacted, That said board of education shall annually make to the mayor and council of said town a written report of all moneys received and disbursed by them and shall accompany said report with a full itemized statement, accompanied with vouchers for all money disbursed, and the same shall be published or posted by the town council and spread upon their minutes. Reports. SEC. 8. Be it further enacted, That it shall be the duty of the board of education to establish such grammar schools and high schools as may be necessary for the education of children attending said schools, and the tuition in same shall be free to all children within school age, residing within the Town of Braselton; providing, however, the board may, in its discretion, require each pupil on entering said schools to pay reasonable matriculation fee to be paid upon entrance or in such installments as the board may direct. This fee is not applicable to a child entering said schools solely on the common school fund. Children of non-residents may be admitted to such schools upon such terms as may be prescribed by the board. Schools free. Matriculafee. SEC. 9. Be it further enacted, That it shall be lawful for the county school superintendent of Jackson 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 outside the corporate limits of the Town of Braselton, and to pay said board out of that portion of the common school fund of the State belonging to their respective counties, in like manner and under the same provisions as teachers in the common schools of their respective counties are paid; provided, however, that in case the rate of tuition for non-resident children, as fixed by said board, is higher than the public school rate authorized to be paid by the county school superintendent, then said board of education shall have the right to charge, contract with and collect said difference from the parent or guardian of said non-resident pupils. Non- resident pupils.

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SEC. 10. Be it further enacted, That the board of education of the Town of Braselton shall prepare and take a census, annually, after the passage and ratification of this Act, of all the children residing in said Town of Braselton, who are, under the law, entitled to participate in the State public school fund, and furnish a report of the result of said census to the State School Superintendent on or before the first day of September each year, unless said board shall prefer and do contract for the public school fund through the county board of Jackson County. Census. 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 Braselton, as follows: The board of education shall by the first day of September of each year make an estimate of the amount necessary to be raised that year for the additional support of public schools in said 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 their duty when making the annual tax levy for the current expenses of said town to levy a school tax along with the other city taxes upon all taxable property within the corporate limits of the Town of Braselton and the said town council are hereby authorized and required to levy said school tax and collect, or have the same collected by the city officers, along with the ad valorem taxes of said city, in the same manner as other taxes are levied and collected; provided, however, that said mayor and council shall have no authority to levy and collect more than three-fourths of one per cent. of the value of all the taxable property within said town for school purposes. Tax levy. SEC. 12. Be it further enacted, That said board of education of the Town of Braselton are authorized and empowered to make provision for the education of the children of said town in combination with schools outside said town, and to use their funds for the support for such schools outside of said town, if they deem it to the best educational interest of the town to combine with such other schools for the education of the children of said Town of Braselton,

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rather than to build and maintain a school system within the incorporate limits, but such contract, in combination with other schools for the education of the children of the Town of Braselton, beyond or within the incorporate limits of said town, shall also have the sanction and approval of the town council. Combination with outside schools. SEC. 13. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the Town of Braselton, for which purpose the town council thereof shall order an election of which thirty days' notice shall be given by publication or posting, which said election shall be held under the same rules and regulations as are required for mayor and council of said town and the qualification for voters shall be the same. Those voting in said election in favor of public schools shall have written or printed on their ballot, For public schools, and those opposed shall have written or printed on their ballot, Against public schools. The managers of said election shall make return to the mayor and council of said town, who shall open said returns and declare the result of said election at the first regular meeting thereafter, and if a two-thirds of those voting in said election shall vote For public schools, then this Act shall take effect immediately, otherwise not. Should this Act fail of adoption, however, at said first or any other subsequent election held for this purpose, mayor and council may, in their discretion, submit the same to another election under the same rules and regulations as are herein prescribed for the first election, after the elapse of one year from any election when the same shall have been previously defeated, and if at any subsequent election the same should be adopted by a two-thirds vote it shall then become effective. This Act referred to popular vote. SEC. 14. Be it further enacted by the authority aforesaid, That the town council of said town shall have power and authority to issue bonds of said town not to exceed twenty thousand dollars, or so much thereof as may be, in their judgment, necessary for the purchase of suitable lot for school buildings and erecting thereon a school building thoroughly equipped for school purposes; said bonds may

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be issued of such denomination, and with such rate of interest, not exceeding six per cent. per annum, as the town council may determine upon. They shall run for a term not to exceed thirty years, and said town council may provide for the maturing of said bonds at any time during said thirty years, and the said mayor and councilmen shall designate when the interest on said bonds shall become due and payable. Said bonds, when issued, shall be sold for not less than par and their proceeds turned over to the board of education of said town, to be used by said board for the purposes of paying for lot or lots and erecting and equipping buildings and grounds for school purposes. Bond issue. SEC. 15. Be it further enacted by the authority aforesaid, That before said bonds shall be issued it shall be recommended by said board of education and the question of their issuance shall be submitted to the legally qualified voters of said town. For this purpose the mayor and council, upon the recommendation of the city board of education, shall order an election of which at least thirty days' notice shall be given by publication, in terms of law, or posted in at least three places in said town. Said election shall be held and governed by the same rules and regulations as elections for mayor and councilmen, and the qualifications of voters shall be the same. Each voter shall have written or printed on his ballot the words For bonds, or Against bonds, and if two-thirds of the qualified voters of said town shall vote for bonds, it shall be the duty of the mayor and councilmen to issue same, and in event the said bond election shall not carry, it shall be the duty of said mayor and councilmen upon the recommendation of said city board of education to order another election; provided, said elections shall not be held oftener than twelve months. Election for bonds. SEC. 16. Be it further enacted by the authority aforesaid, That at or before the time of issuing any of said bonds, the town council of the Town of Braselton shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes authorized by law, and of sufficient amount to pay promptly the principal and interest of

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said bonded debt, nor shall any part of said funds so raised be used for any other purpose. Tax for bonds. SEC. 17. Be it further enacted, That it being the purpose of this Act to immediately establish and maintain schools in said town for the educational advancement of the people therein, and to provide for some legally authorized board to manage, control and conduct the same, whether it is done by local taxation or not, and it is therefore enacted, that this Act with all its powers and provisions shall go into effect immediately upon its passage, except sections 11 and 13 hereof, and the town council of Braselton shall elect a board of education as provided in section 2 hereof who shall be legally constituted board of education of said Town of Braselton, and shall be designated as the Board of Education of the Town of Braselton, who are invested with all powers of this Act and laws of this State applicable thereto, and such other power and authority as is incident to such boards and, as such, said board is fully authorized and empowered to make contracts with the county board of education, the county school superintendent, the State Board of Education, the State School Superintendent, or any other person, and to receive, receipt for, and disburse public school funds; to buy and hold property; to sue and be sued; and to do and perform all other acts and things not inconsistent with this Act or in violation of the laws of this State, as may be proper or necessary in the conduct and management of the schools and the enforcement of the school system in said Town of Braselton. Sections 11 and 13 of this Act shall become operative when an election is held as provided therein. Act effective. Board of education; powers. 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 17, 1917.

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BRUNSWICK STREET CLOSING, AND TERRITORIAL LIMITS. No. 53. An Act to amend the charter of the City of Brunswick, Georgia, and for other purposes. SECTION 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That the mayor and council of the City of Brunswick, Georgia, is hereby authorized and empowered to close and abandon as a street that portion of Bay street in said city which is south of the south line of Albemarle street, and that portion of Oglethorpe street in said city south of the south line of Dartmouth street, and that portion of First avenue west of the west line of Grant street, or such portions thereof as said mayor and council may elect, and with full power and authority to said mayor and council to sell and convey said portions of said streets or any part thereof, and whatever interest or right said mayor and council may have or own therein absolutely and in fee simple, and upon such terms and for such considerations as the mayor and aldermen of said city may deem proper. Said mayor and council is also hereby authorized and empowered to lease the portion of Dartmouth street west of the west line of Oglethorpe street for such consideration and upon such terms as said mayor and aldermen may deem proper, not to exceed ninety-nine years, or to sell and convey in fee simple such portion of said Dartmouth street. Authority to close parts of streets. SEC. 2. Be it further enacted by the authority aforesaid, That section 1 of the consolidated and amended charter of the City of Brunswick, approved August 27, 1872, as amended by section 1 of the Act approved December 21, 1897, entitled an Act to amend the charter of the City of Brunswick, and for other purposes, be amended by interlining and adding after the words due west, and before the words to the channel, the following words: to the western line of the right of way of the Atlantic Coast Line Railroad Company; thence northerly along said right of way line to the south side of the Seventh street; thence

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westerly along the southern side of said Seventh street to the west bank of the Brunswick and Altamaha canal; thence southerly along said bank of said canal to the point where said bank would be intersected by said line so running due west from Dart's Narrows, and thence due west, so that when so amended said section 1 of the Act approved December 21, 1897, will read as follows: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to wit: The northern boundary line shall begin at the intersection of a creek, commonly called Dart's Narrows, or cut, and the waters of Back River, and shall run thence due west to the western line of the right of way of the Atlantic Coast Line Railroad Company; thence northerly along said right of way line to the south side of Seventh street; thence westerly along the south side of said Seventh street to the west bank of the Brunswick and Altamaha canal; thence southerly along said bank of said canal to the point where said bank would be intersected by said line so running due west from Dart's Narrows, and thence due west to the channel of Turtle River on that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city; thence southwardly and eastwardly along the channel of said Turtle River and the southern line of the channel of St. Simon's Sound to the outer sea buoy in the open sea; thence westwardly along the northern line of the channel of St. Simon's Sound to the mouth of said Back River; thence up said river to the place of beginning. Act of 1872 amended. Read. Territorial limits. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917.

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BUFORD SALARIES REDUCED. No. 173. An Act to amend the charter of the City of Buford, in the County of Gwinnett, as amended by the Acts of the General Assembly of 1914, page 498, by striking section 15 of said Act, providing for the compensation of the mayor and councilmen of the City of Buford, and substituting another section 15 therefor, which will reduce the compensation of the mayor of said city from $250.00 per annum to $125.00 per annum, and also to reduce the compensation of the councilmen of said city from $100.00 to $50.00 per annum, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly, and it is hereby enacted by the authority of the same, That after the 31st day of December, 1917, the Act of the General Assembly amending the charter of the City of Buford, in the county of Gwinnett, approved August 12, 1914, and found in the Acts of 1914, on page 498, be and the same hereby is amended by striking the section 15 of the charter of the City of Buford, provided for in the said Act, which provided for the compensation of the mayor and councilmen of the City of Buford, and substituting another section to be known as section 15, to read as follows: Section 15. Be it further enacted, That the mayor of said city shall receive a salary of one hundred and twenty-five dollars per annum, but shall receive no other perquisites or other compensation for his services; and each councilman of said city shall receive fifty dollars per annum as full compensation for his services. Act of 1914 amended. Salaries of mayor and councilmen. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917.

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CARNESVILLE TERRITORY REDUCED. No. 58. An Act to amend charter of Carnesville, and other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 2 of the new charter of Carnesville, approved August 20, 1913, defining the corporate limits of the city as follows: beginning at the court-house in Franklin County, in said city, and extending three-fourths of one mile in every direction from said central point, making a complete circle, shall read, when amended, as follows: Beginning at the court-house of Franklin County, in said city, and extending one-half of one mile in every direction from said central point, making a complete circle. This Act to become effective and of force on January 1, 1918. Act of 1913 amended. 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 8, 1917. CARROLLTON AD VALOREM TAX RATE. No. 86. An Act to amend an Act, entitled An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia, 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, so that said city may be allowed to collect fifty-five one-hundredths (55-100) of one per centum per annum, beginning with the municipal year 1917-1918, for the sole purpose of paying the ordinary annual expenses of the city government.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 1 of the above-recited Act, as it appears on page 163 of Georgia Laws of 1895, be and the same is hereby amended, so as to read as follows: Section 1. The mayor and council of the City of Carrollton, Georgia, shall have full power and authority to levy and collect 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 fifty-five one-hundredths (55-100) of one per centum per annum, beginning with the municipal year 1917-1918. Act of 1895 amended. Tax rate. 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, 1917. CARTERSVILLE, CITY OF; NEW CHARTER. No. 215. An Act to amend, consolidate and supersede the several Acts incorporating the City of Cartersville, in the County of Bartow, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same; to provide for the creation of a board of mayor and aldermen for the administration of the affairs of said city; to provide means by which legislation can be initiated and franchises granted; to fix the salaries of officers and employees; to provide means of electing a school board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 18, 1911, creating a new charter for the City of Cartersville, Bartow County, Georgia, and all Acts amendatory thereof and all previous Acts

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and amendments creating charters and governments for said city, not heretofore repealed and superseded, are hereby repealed and superseded, except so far as the provisions of any of said Acts conflict with this Act. Repeal of previous acts. SEC. 2. Be it further enacted, That the corporate existence and identity, territorial limits and jurisdiction of the City of Cartersville are hereby preserved as they have heretofore existed and all ordinances and all corporate acts now in force not in conflict with this Act shall remain unchanged; all property and property rights now held, owned and possessed by said city and all pending suits or claims by or against the city are preserved unaltered; all obligations of the city, including all outstanding bonds, shall remain of force. Corporate powers preserved. SEC. 3. Be it further enacted, That the system of public schools as now established and existing in said city is preserved, together with all provisions for the financing of the same, and the method of paying and transmitting the school funds raised by the State and apportioned to the city shall remain unchanged by this Act. Public-school system. SEC. 4. Be it further enacted, That beginning with the election and qualification of the first board of aldermen provided for in this Act, and thereafter, the board of education shall consist of five members chosen and selected in the following manner, to wit: The two members of the board of aldermen, other than the mayor, shall be ex-officio members of the board of education and shall be qualified to act and enter upon their duties as members of the board of education immediately after taking the oath and qualifying as aldermen and without additional oath or ceremony and shall not be subject to removal except by recall as hereinafter provided. The other three members of the board of education shall be elected by the board of aldermen as they are now elected by the board of commissioners and at the time or times as now provided, and their terms of office shall remain as now, and they shall not be subject to removal except by the unanimous vote of the board of aldermen. Provided, that it is not the intention of this Act and

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it shall not be so construed as to terminate or alter the terms of the several members of the board of education as it is now constituted. The board shall select its own president or chairman, from among the three members appointed by the board of aldermen. Board of education. SEC. 5. Be it further enacted, That the qualification for members of the board of education shall be the same as for members of the board of aldermen, except it shall not be lawful for the board of aldermen to appoint any person to membership on the board of education who is related to any member of the board of aldermen by blood or marriage within the second degree. Qualification. SEC. 6. Be it further enacted, That all vacancies on the board of education among the members appointed by the board of aldermen shall be filled by the latter board at their second regular meeting after such vacancy or vacancies occur. Vacancies. SEC. 7. Be it further enacted, That the board of education shall keep a book of minutes in which all resolutions and measures passed shall be recorded and all voting shall be done by written ballot bearing the name of the voter, in all elections for superintendents, principals and teachers in the schools, and the minutes shall show how each member voted in all such elections. Minutes. SEC. 8. Be it further enacted, That the board of education shall not elect or employ any person as superintendent or principal or as teacher who is related to any member of said board by blood or marriage within the second degree; provided, that this provision shall not prevent the re-election or re-employment of any superintendent, principal, or teacher in said schools who was elected or employed as such, prior to the time when the member of the board of education so related became such member, and provided, that the re-election or re-employment of such superintendent, principal, or teacher is accomplished by a majority vote of the board of education, exclusive of the related members. Superintendent and teachers. SEC. 9. Be it further enacted, That a governing board,

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to be known as The Board of Aldermen of the City of Cartersville, is hereby created, and shall consist of a mayor and two aldermen, who shall be elected by the qualified voters of said city at large as hereinafter provided. They shall have, besides the powers herein conferred, all powers of government and other powers, now conferred upon the board of commissioners, except as otherwise provided in this Act. They shall serve without compensation. Board of aldermen. SEC. 10. Be it further enacted, That no person shall be eligible to the office of mayor or alderman unless he shall have been for at least one year next before his election a citizen of Georgia and a resident of said city, nor unless at the time of his qualification he is a bona fide freeholder in said city, unless he be at least 25 years of age; nor convicted of any crime involving moral turpitude; nor unless he is entitled to register under the registration laws which may be in force at the time of the election at which the mayor and aldermen are chosen. Eligibility. SEC. 11. Be it further enacted, That it shall be the duty of the members of the board of aldermen, before entering upon the duties of their office, to take and subscribe to the following oath, before any officer authorized to administer oaths: I will faithfully perform the duties of my office as a member of the board of aldermen of the City of Cartersville, support and endeavor to enforce the laws and ordinances thereof and not knowingly exceed the authority legally conferred upon me and I make solemn oath that I am not under direct or indirect obligations or promise to elect or appoint any person to office or place in the city or in any way confer favor or benefit upon any one. I have not sought to secure votes or support or influence favorable to my election, directly or indirectly, by the promise or suggestion of any office, nor place or position or other favors, and that no one with my approval has done so. Oath of office. SEC. 12. Be it further enacted, That each member of the board of aldermen, before entering upon his duties as such, shall give bond, payable to the Governor of Georgia for the use and benefit of the City of Cartersville, Georgia, in the sum of one thousand dollars, with one or more good

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and solvent sureties, citizens of Bartow County, or a bonding company subject to suit in Bartow County, conditioned for the faithful discharge of the duties of his office, said bond to be safely kept by the city clerk. If one or more bonding companies shall become sureties on said bonds, the premiums shall be paid out of the city treasury. Bond. SEC. 13. Be it further enacted, That the term of office of the mayor and aldermen shall be two years, beginning with the first Wednesday in January, 1918, and the first Wednesday in January every second year thereafter, and until their successors are elected and qualified. Term of office. SEC. 14. Be it further enacted, That at the first regular meeting after they are elected and qualified, the board of aldermen shall elect, from the citizens of the City of Cartersville qualified to vote therein who are not under twenty-five years of age and who hold no office or other position in said city, three election managers, who shall hold their office for two years and until their successors are elected and qualified, whose duties shall be to hold and certify all city elections and such other duties as are elsewhere provided in this Act, and who, before entering upon these duties shall take, before the mayor or other officer authorized to administer oaths, an oath that they will faithfully and impartially conduct all elections held by them in the City of Cartersville and prevent all illegal voting, to the best of their knowledge and ability and perform all other duties legally imposed upon them. Any vacancy caused by death, resignation or otherwise of any of said managers shall be filled by the board of aldermen at any time; provided, that this Act shall not be so construed as to terminate the office of any of the present election managers; provided, further, that if any one or more of the election managers should be related within the second degree to any candidate for the board of aldermen at a primary or general election, upon the fact being made known to the ordinary of Bartow County prior to the election, he shall appoint of those qualified a manager or managers to act in said election, in lieu of the managers thus related. Election managers.

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SEC. 15. Be it further enacted, That on the second Wednesday in December, 1917, and on the second Wednesday in December every second year thereafter, a primary election shall be held by the election managers at the court-house in said city (or such other convenient and central place as the board of aldermen may provide by ordinance for holding elections if the court-house should become unavailable for the purpose) under the regulations as hereinafter provided, for the nomination of candidates for membership of the board of aldermen to be voted for at the regular election. Every person desiring to become a candidate shall file or cause to be filed with the election managers, not later than ten nor earlier than twenty days before the primary election, a statement of his candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he can make the required bond. He or some other person qualified to vote in the city shall file a certificate of no less than ten persons qualified to vote and who are property taxpayers in the city, that his candidacy is desired by them and that to the best of their knowledge he is qualified to fill the office to which he seeks election. Nominations by primary elections. SEC. 16. Be it further enacted, That if, during the time allowed in section 15 for the filing of statements and certificates by those desiring to become candidates, more than six qualified persons comply with the requirements of section 15, the election managers shall hold a primary election as provided in said section, and shall cause the names of all such persons to be printed as candidates upon the ticket to be used in the primary election, and shall cause to be published at least once in a newspaper published in the city the names of candidates who will appear on the ticket at the primary election, or post written notices thereof at some conspicuous place at the city hall and two or more other conspicuous places within the city at least five days before the day of the election. No person's name who has not complied with section 15 of this Act shall be placed upon the ticket. The election managers shall not permit

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the tickets prepared for any election to be distributed before the day of the election. Candidates. SEC. 17. Be it further enacted, That it shall be the duty of the election managers to provide tickets for all city elections to be held under authority of this Act, and to present, properly verified, expense bills for the expenses thereof, together with all other legitimate expense incurred by them in holding and certifying said elections, to the city clerk, and he shall issue the proper check or warrant on the treasury thereof. Tickets. SEC. 18. Be it further enacted, That if the election managers fail or refuse to make publication or give notice as required by section 16, the election shall not fail on this account, but every candidate's name who has complied with section 15 shall appear on the ticket, and if the election managers should fail or refuse to have the tickets printed as provided in section 17, or as provided elsewhere herein, for any election, the city clerk shall have them printed under the same regulations. Election, no failure of. SEC. 19. Be it further enacted, That in the event only six, or less than six, persons comply with section 15 as to filing statements and certificates, no primary election shall be held, but the names of all such persons shall be placed on the ballots as candidates for the board of aldermen in the general election and shall be voted for as such, unless any one or more should expressly withdraw before the election. When no primary election. SEC. 20. Be it further enacted, That the six persons receiving the highest number of votes at the primary election, held under the provisions of section 16, shall be declared the nominees to be voted for at the general election and the names of the six shall be placed on the ballots as candidates for the board of aldermen at the general election, unless any one or more shall expressly withdraw before the election. Provided, that in case of a tie, in order to obtain the necessary number of candidates for the general election, it becomes necessary to take one or two or more persons having the same number of votes, then the

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names of all the aforesaid persons having the same number of votes shall be printed on the official ballot as candidates for the general election together with the names of all persons receiving a higher number of votes, even though it makes the number of candidates more than six. Six nominees. SEC. 21. Be it further enacted, That a general election shall be held on the third Wednesday in December, 1917, and on the third Wednesday in December every second year thereafter, for the election of members of the board of aldermen, and it shall be the duty of the election managers, or, if they fail or refuse, the city clerk, to have the tickets printed and to publish once in a newspaper published in the city or to post at the city hall and two or more conspicuous places in the city the names of all candidates who will appear on the ticket. General election. SEC. 22. Be it further enacted, That the three candidates receiving the highest number of votes in the general election shall constitute the board of aldermen for the succeeding term, and that the one candidate receiving the highest number of votes shall be the mayor for and during the said term; provided, that if any number of candidates receive the same number of votes so that the general election fails to result in the election of a mayor or aldermen, or both, as provided in this Act, an election shall be held on the Wednesday following, or if Christmas day should fall on Wednesday, then Thursday, at which only such candidates shall be voted for as is necessary to decide the tie and in this case no candidate receiving the highest number of a sufficient number in the general election to elect him to a place on the board under the provisions of this Act shall be displaced or affected by the provisions of this section; provided, further, that in the event less than three persons qualify under the provisions of this Act as candidates for the board of aldermen at the general election, then any qualified person may become a candidate; provided, further, that in case the three candidates receiving the highest number of votes at the general election should all receive the same number of votes, an election shall be held on the following Wednesday as provided in

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this section to elect a mayor at which all three of those elected as members of the board of aldermen at the general election shall be placed on the ballot and the one receiving the highest number of votes shall be declared mayor; provided, further, that where there are only three candidates for the board of aldermen, in the general election, one of the three shall be designated as mayor by the voters by writing the word mayor under his name on the ticket and the one thus designated by the highest number of votes shall be mayor. Board of aldermen, how constituted. Qualification of candidates. SEC. 23. Be it further enacted, That no ballot shall be counted in any primary or general election, or other election for officers, unless as many as the whole number of candidates to be nominated or elected, as the case may be, are voted for. Ballots. SEC. 24. Be it further enacted, That in all city elections, the polls shall be opened at seven o'clock A. M., and closed at 6 o'clock P. M. Polls. SEC. 25. Be it further enacted, That it shall be the duty of the election managers, after the polls are closed, to proceed to count the ballots and certify the result. The certificate of election shall be filed with the city clerk and show the number of votes received by each candidate, in case of election for officers, and the number of votes for and against all propositions or measures voted upon in other elections, and shall in general terms declare the result in accordance with the requirements of this Act. In all elections, unless it is otherwise provided herein or by the general laws of the State of Georgia, a majority of the votes cast shall determine the result for or against the person or measures voted upon. Besides the certificate of election, the election managers shall, in every election, certify two tally sheets and the list of voters furnished them, by the city clerk, to be used by them in holding the election and shall attach one certified tally sheet to the certificate of election filed with the clerk and both shall be safely kept by him for two years. The other tally sheet, together with the certified voters' list, shall be sealed in a

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package and delivered by the managers to the ordinary of Bartow County, to be kept by him for two years, and unopened, unless the same is demanded in some litigation or contest as evidence. Count of ballots, and certificate of result. SEC. 26. Be it further enacted, That all election contests shall be conducted and governed by the law as contained in section 8 of the Act of the General Assembly, approved August 1, 1906, creating a new charter for the City of Cartersville, Georgia. Contest of election. SEC. 27. Be it further enacted, That if the office of mayor or aldermen becomes vacant, an election shall be held by the election managers not earlier than fifteen, nor later than twenty days thereafter, having due regard for the provisions of this Act for the registration of voters. Vacancy in office. SEC. 28. Be it further enacted, That on the third Wednesday in November, 1917, and on the third Wednesday in November in every second year thereafter, the city clerk shall open the registration books for the registration of the qualified voters of the city and shall keep the same open from seven o'clock A. M. until 12 o'clock M., and from 1 o'clock P. M. until 6 o'clock P. M., Sundays and legal holidays excepted, until and including the 2nd Wednesday thereafter, when the books shall be closed. During the period the books are open it shall be the duty of the clerk (or in his absence for sickness or other cause, such person as may be designated by the board of aldermen as his deputy) upon application in person of any male citizen, who is qualified to vote for members of the General Assembly, and who has paid all taxes legally imposed, except taxes for the current year, and who on or before the next succeeding election will be 21 years of age, and will have on or before such election resided in the State twelve months and in the city six months, to allow such person to register his name, his age, occupation, and his color and his city residence. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so and shall in every case before registering the applicant administer to him the following oath: You do

Page 565

solemnly swear that you are a citizen of the United States, that you have resided in Georgia for twelve months and in the City of Cartersville for six months next preceding the.....day of....., 191 (here insert date of next election determined upon); that you neither have nor claim a residence or citizenship elsewhere; that you are or will be on or by the.....day of.....191..... (here insert date of election determined upon), twenty-one years of age; that you have paid all taxes legally imposed upon you, except taxes for the current year; that you have made all returns required of you by the ordinances of the city, so help you God. Registration of voters. Oath of voter. SEC. 29. Be it further enacted, That those registered as prescribed in section 28, except such as may be, for any reason, illegally registered, shall constitute the voters, qualified to vote in all city elections occurring after the closing of the registration books and prior to the first day of July, following. For all elections occurring on or after the first day of July succeeding the closing of the books as provided in section 28, and until a new regular registration is had in conformity to section 28, it shall be the duty of the clerk to open the registration books for the registration of voters and close the same so that three full days, other than Sundays, shall intervene between the closing of the books and the day of the election and so that seven full days, besides Sundays and legal holidays, shall intervene between the day the books are opened and the day they are closed, both days counted. The books shall remain open during the same hours as provided for the general registration and the same oath shall be taken and subscribed and the same qualification for voters shall apply. Voters qualified. Registration books. SEC. 30. Be it further enacted, That it shall be the duty of the clerk to prepare in duplicate and in alphabetical order, a list of the names registered as soon as the same can be done after the books are closed in every case and shall post one list in some conspicuous place in the city hall and deliver one to the election managers, under his hand and corporate seal of the city. Said list shall be kept by the managers before them for inspection during any and

Page 566

all elections wherein the same constitutes the authorized voting list under this Act, for such elections, and no person shall be permitted to vote whose name does not appear on said list. It shall be the duty of the election managers, after any election, to return the voters' list to the clerk, to be safely kept by him, together with the duplicate posted by him in the city hall. List of names registered. SEC. 31. Be it further enacted, That all persons voting at any city election who is not qualified to vote according to the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof in the State courts having jurisdiction, shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting. SEC. 32. Be it further enacted, That the election managers, in calling any and all elections, shall have due regard for the provisions of this Act for the registration of voters, so arranging the dates, in every case, as to afford ample time for the registration of voters as provided, and shall, in every case, notify the city clerk immediately of the date of any election, after such date is determined upon. Duty of election managers. SEC. 33. Be it further enacted, That the board of aldermen shall meet and organize on the first Wednesday in January next after their election, and shall hold regular meetings once a week, the time thereof to be as now provided until changed by ordinance. They may hold special meetings from time to time, upon call of the mayor or the two aldermen, provided twelve hours' notice is given to all members, or is waived, which, in either case, shall be shown on the minutes, and meetings may be adjourned to a later day in the same week, and all meetings shall be held at the city hall. Two members shall constitute a quorumand all powers of government, except as otherwise expressly provided, shall lodge in the board as an entity and not in any one or more of the individual members. The board may adopt its own rules governing the proceedings (but the rules now in force for governing the proceedings of the board of commissioners shall remain of force until

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changed by resolution). The mayor shall be the presiding officer of the board, and shall have the right to vote on all questions, and, except as otherwise provided, the vote of two members of the board shall be necessary to adopt or pass any measure or determine any question before the board. In cases of emergency involving the safety of the life, property, health or peace of the community any members of the board may call a special meeting of the board without notice. In all such cases, the urgency of the cause should appear upon the minutes and no other business shall be transacted. Board of aldermen; duties and powers. SEC. 34. Be it further enacted, That every ordinance or resolution appropriating money for any purpose in excess of $500.00 or providing for the extension or improvement of any street or sewer to cost exceeding $500.00 or the making or confirming of any contract, or the granting of any franchise for the use, by any person or corporation, of the streets or other public property or utilities of the city, or the granting of any franchise, or privilege or contract to any person or corporation to supply to the city or its inhabitants electricity, water, gas, or other like privilege, or providing for the purchase of any property, real or personal, equipment or fixtures (except in cases of emergency) costing more than $500.00, shall be passed and become effective only in the following manner, to wit: All such ordinances shall be introduced and acted upon at a regular meeting of the board, must be placed upon the minutes, together with the votes for and against, showing how each member of the board voted. A copy of the ordinance shall be posted at some conspicuous place frequented by the public in the city hall and shall, if otherwise valid, become effective after remaining of record seven days, except in cases where a petition is filed as hereinafter provided for referendum. Provided, that the provisions of this section shall not apply to resolutions or ordinances providing for bond elections, or the submission of any proposition or measure to the vote of the people and shall not apply to ordinances for the raising or appropriation of funds for any work, purchase, improvement, or other purposes, which

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has been made or brought about in pursuance of an ordinance or resolution previously passed therefor, in compliance with the requirements of this section, and shall not apply to any resolution or ordinance adopted for the carrying out of details or putting into effect of any plans, policies, or improvements provided for in a previous resolution or ordinance passed in accordance with this section. Ordinances, how adopted, to be effective. SEC. 35. Be it further enacted, That if within seven days from the recording and posting of any ordinance or resolution of the character contemplated in section 34 a petition addressed to the board of aldermen be filed with them or with the clerk, signed by 25 per cent. of the citizens registered to vote at the last general election of officers, requesting a referendum of the ordinance or resolution, the clerk shall forthwith notify the election managers, who shall call an election to be held not later than 20 days thereafter at which the resolution or ordinance shall be voted upon. The ballots shall contain a copy of the measures to be voted upon, preceded by the words, For and Against. Those voting for the measure shall erase the word Against, and those voting against it shall erase the word For. If the majority of those registered to vote in the referendum election vote against the resolution or ordinance, it shall be defeated; otherwise it shall become effective. Referendum of ordinance. It shall be the duty of the election managers, or, if they fail, the clerk, to have published at least once in a newspaper published in the city the day and purpose of the election, together with a copy of the resolution or ordinance to be voted upon. Provided, that no election shall be held under this section, if prior to the date thereof, the board of aldermen reconsider and repeal the ordinance or resolution in question. Publication. When no election. SEC. 36. Be it further enacted, That it shall be the right of any citizen of the city to submit to the board of aldermen in proper form for passage any ordinance or resolution effecting the public interests of the city for enactment, and if the same be signed or approved in writing by

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25 per cent. of those registered to vote at the last preceding general election for officers, it shall be the duty of the board to pass upon such ordinance or resolution not later than the second regular meeting thereafter, and if it fail of passage, the petition shall be transmitted by the clerk to the election managers within two days thereafter, and it shall be the duty of the managers to call an election not later than 20 days after receipt of the petition, under the same terms and regulations as prescribed in section 35. If the majority of those registered to vote in said election, vote for the measure, it shall be the duty of the board of aldermen to pass the same at its next regular meeting after the election. Initiative, right of. SEC. 37. Be it further enacted, That any one or more members of the board of aldermen may be removed from office in the following manner: A petition shall be filed with the election managers containing the signatures of not less than 25 per cent. of the whole number of those registered to vote at the general election for officers next preceding, calling for an election for the recall of the member or members of the board therein named. All signatures must be personal, or by mark with witnesses, and the petition shall be accompanied with an affidavit by some signer who knows the facts, that the signatures are all genuine and those made by mark were placed there at the request and in the presence of such signer, and shall contain a general statement of the general grounds upon which the recall is sought, the truth of which shall be supported by the affidavit, upon information and belief, of one or more of the signers, attached to the petition. Within five days after the filing of such petition, excluding Sundays, the election managers shall compare the names appearing on the petition with the said registration book to determine if the petition contains the requisite 25 per cent. of such registered names. If it be found that the petition does not contain the requisite number of such names it shall be returned within seven days, Sundays excepted, to the person or persons from whom received with a written statement of the number of names lacking. Within five days from its return,

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Sundays excepted, the required number of additional names may be secured, and the petition re-presented, together with the same affidavit prescribed for the original petition as to the signatures. If after again comparing the petition with the added names with the registration book, it be found to contain the requisite 25 per cent. of those registered, the election managers, within 20 days from the last receipt of the petition, shall hold an election to determine whether or not the member or members of the board in question shall be recalled. If after comparing the petition with the added names, as above stipulated, with the registration book, it be found that it still lacks the required number of registered names, it shall be returned to the person from whom received with a written statement of the fact, with the date of the return written thereon, and no election shall be held; and in this event, and in the event an election is had failing to result in the recall of the member or members of the board in question, no like petition shall be received for the recall of any member of the board within four months from the date of the election in the one case, and the last return of the petition by the managers in the other, and in no case shall a petition be filed for the recall of any member of the board of aldermen, who shall not have been in service upon his or their present term of office for four months. The election managers shall as soon as practicable after the date of the election is determined upon cause to be published in a newspaper published in the city, the time and purpose of the election, with the name of the member or members sought to be recalled and the ground upon which the recall is sought, and shall have the names of all such members printed on the ballot, each name being preceded with For the recall of, and Against the recall of, and those voting for the recall of any member shall erase the word Against, and those voting against such recall shall erase the word For. If the majority of those registered for the recall election, vote for the recall of any member or members of the board, he or they shall vacate office as soon as his or their successor or successors are elected and qualified. Removal from office by petition for recall. Election for recall.

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SEC. 38. Be it further enacted, That no ordinance or resolution or act of the board of aldermen, except the ordinary current affairs of the city, passed by the board during the incumbency of a member or members after being recalled as in the next preceding section provided, shall be binding upon the board as constituted after the successor or successors of the recalled member or members are qualified, unless such resolution or ordinance is enacted by a majority vote of the board, exclusive of any recalled member, provided the board as constituted after the recall goes into effect repeal the same within ten days after the qualification of such successor or successors of the recalled member or members. Ordinances and resolutions; what not binding. SEC. 39. Be it further enacted, That upon the recall of any member or members of the board of aldermen, the election managers shall hold an election as provided in section 27 to elect his or their successor or successors. Any qualified person complying with this section may become a candidate for the office and the candidate receiving the highest number of votes, in case only one such member is to be elected, or the two receiving the highest number of votes, in case two are to be elected, or the three receiving the highest number of votes, in case three are to be elected, shall be declared elected. In such election, no new registration of voters shall be had, but only those registered for the recall election and otherwise qualified shall be qualified to vote in such election. Every person desiring to become a candidate in the election provided for in this section shall, at least five days before the day of election, file with the election managers a statement of his candidacy, with an affidavit and certificate of the same import as that required in section 15 of this Act, and it shall be the duty of the election managers to have the names of all such candidates placed upon the ballot. Provided, that when successors to the mayor and one or more aldermen are to be elected, the person receiving the highest number of votes shall be elected mayor. Election of successor. SEC. 40. Be it further enacted, That no officer or employee elected or appointed in said city shall be interested,

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either individually as a member of a firm, or as an officer or stockholder of any corporation, in any contract, for the purchase or sale of either personalty or realty by or from the city, or job for work or material, or the profits thereof, or service to be furnished or performed for the city, and no such officer or employee shall be interested, directly or indirectly, in any contract or job for work or material or the profits thereof, or services to be furnished, or performed for any person, firm or corporation operating interurban railway, tram-railroad, street electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territory of said city. No such officer or employee shall receive any commission or rebate or other personal benefit from any purchase of supplies, machinery, equipment, or other things used by the city. No such officer or employee shall accept or receive, directly or indirectly, from any person, firm or corporation, operating within the territorial limits of said city, any interurban railway, steam railroad, street railway, electric light or power plant, heating plant, telegraph line or telephone exchange or other business, using or operating under a public franchise, any frank, free pass, free ticket or free service, or accept or receive, directly or indirectly, from any such person, firm or corporation any other service upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor and any such contract or agreement shall be void. Such prohibition of free transportation shall not apply to policemen or firemen in uniform. Any officer or employee of said city who by solicitation or otherwise shall exert his influence, directly or indirectly, to influence other officers and employees of such city to adopt his municipal political views, or to favor any particular person or candidate for any municipal office or who shall in any manner contribute money, labor or other valuable thing to any person for election purposes, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not exceeding $500.00 or by imprisonment in the county jaid not exceeding thirty days, or both such fine and imprisonment, and such conviction shall

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work a forfeiture of such office and he shall be ineligible to hold any office or position with said city for ten years thereafter. Interest in contracts, etc., what forbidden. Benefits forbidden to officers and employees. SEC. 41. Be it further enacted, That the board of aldermen shall at the first regular meeting after they are elected and qualified in January, 1918, and every two years thereafter, elect a recorder for the city, whose qualification shall be the same as that of members of the board of aldermen and his term of office shall be two years and until his successor is elected and qualified. He shall have authority to administer oaths, and shall be judge of police court in and for said city for the trial and punishment of all offenders against the laws and ordinances of the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to preserve order, compel the attendance of witnesses, compel the production of material, books, papers, or documents, to be used as evidence, and punish by fine not exceeding $10.00 or confinement in the jail where city prisoners are kept not exceeding 24 hours for contempt committed in his presence in court. He shall have power to punish any person convicted of violating any penal ordinance of the city or of any penal section of the charter, not made a State offense, by fine not exceeding $100.00 or by imprisonment in the jail where city prisoners are kept not exceeding 30 days, or to work on the streets in the city chain-gang not exceeding 30 days, or the first and either the jail or the chain-gang sentence, or he may impose a fine with an alternative of either the jail or the chain-gang sentence. All fines imposed under this section may be collected by execution issued by the clerk. Recorder, powers of. SEC. 42. Be it further enacted, That the recorder, upon investigation of any offense charged against any prisoner brought before him when presiding in said police court and it shall appear that the prisoner has committed an offense against any criminal law of the State, shall have the same power and duties of commitment to jail or to bond, as are now conferred by the law of the State upon justices of the peace. Committals.

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SEC. 43. Be it further enacted, That the police court as it now exists, together with all the powers and duties conferred upon the mayor as the judge or presiding officer thereof, shall rest in the city recorder as provided herein, all provisions of law for appeal or certiorari and all other rights now existing for the benefit of persons convicted of offenses against the laws and ordinances of the city, or charged therewith or arrested therefor are preserved. Police-court; existing law. SEC. 44. Be it further enacted, That, except as otherwise provided in this Act, all laws existing, and all powers vested in the board of commissioners, shall be preserved. Powers preserved. SEC. 45. Be it further enacted, That the salaried officers of the city and the salaries thereof shall be as follows: (1) Recorder, who shall receive a salary of $300.00, payable quarterly; (2) a clerk and ex-officio treasurer, who shall receive $120.00 per month, payable at the end of each month; (3) a city manager, who shall receive $175.00 per month, payable at the end of each month; (4) a chief of police, who shall receive $75.00 per month, payable at the end of each month, and such additional policemen as may be employed by the board who shall receive $60.00 per month, payable at the end of each month. All other officers and employees shall be paid such reasonable compensation per diem as may be agreed upon between such officers and employees and the city manager, except the election managers shall each receive for all services in each election held by them $3.00, which shall become due upon completion of the service. Provided, that this section shall have no application to superintendents, principals and teachers or other employees of the school board, and provided, that the board of aldermen, after expiration of one year from the going into effect of this Act, shall have power to increase any of the above salaries not exceeding 15 per cent. when, in their judgment, the circumstances may demand it and thereafter reduce the same to the same extent, upon like conditions. Salaries of officers. SEC. 46. Be it further enacted, That the mayor shall be the chief executive officer of the city and shall see that all

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laws and ordinances of the city are enforced. The board of aldermen at their first regular meeting, after they are elected and qualified or as soon thereafter as practicable, shall elect one of the aldermen as mayor pro tem., who, in the absence, sickness or disqualification of the mayor, shall be the chief executive officer and perform all duties imposed upon the mayor as such. Mayor, and mayor pro tem. SEC. 47. Be it further enacted, That the board of aldermen shall have the same power and authority to select and appoint officers and employees, except as otherwise provided, as well as the power to remove the same, now vested in the board of commissioners. The duties of the city clerk and other officers provided for in this Act, and as otherwise herein provided, shall be as they now exist, except as to the city manager, whose duties are hereinafter prescribed. They may provide for a deputy clerk to act in absence or sickness of the clerk, or his disability. Powers of aldermen. Clerk. SEC. 48. Be it further enacted, That at the first regular meeting of the board of aldermen after they are qualified, or, if for good cause it be impracticable, at that time, as soon thereafter as possible, the board shall appoint a suitable, skilled person of good moral character, having had training or experience fitting him for the duties of the office, as city manager, who may be a non-resident of the city and of the State of Georgia. City manager. SEC. 49. Be it further enacted, That before entering on his duties the city manager shall take and subscribe an oath to faithfully discharge all the duties of his office and to scrupulously observe all laws and ordinances of the city. Oath of office. SEC. 50. Be it further enacted, That before entering upon his duties, the city manager shall execute a bond with solvent sureties suable in Bartow County, to be approved by the board of aldermen, in the sum of $3,000.00, payable to the City of Cartersville, and conditioned for the faithful performance of all his duties. Bond. SEC. 51. Be it further enacted, That the term of office of the city manager shall be for and during the term of the

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board of aldermen during which he is appointed, subject however, to be removed by the board after 30 days written notice to him stating the ground of removal. No such removal shall be made for frivolous or political reasons. Term of office. SEC. 52. Be it further enacted, That the city manager shall be the administrative head of the city government, except as otherwise provided. He shall be subject to inquiry and investigation by the board of aldermen or any member thereof concerning city affairs and shall give full and complete information upon all matters relating to the subject of inquiry. He shall select such competent foremen or operators as may be necessary, at such per diem compensation as may be reasonable, for the proper and economical operation and maintenance of the city's several public utilities, and streets, fire and health protection and all other employees necessary for the successful and economical conduct of the city's affairs. He shall be purchasing agent for the city for all supplies, fuel, equipment, machinery, tools, horses, mules, engines, feed, provisions, and all articles and wares of every kind used by the city, except office furniture and fixtures and school furniture, fixtures and equipment (but he shall in no case finally contract for the purchase of the things above enumerated costing in excess of $100.00, except in extreme emergencies, without first exhibiting to the board of aldermen all bids, offers, quotations, and all correspondence, including copies of his letters connected with the transaction). All contracts of purchase made by him shall be in writing, except current supplies, and all negotiations for the purchase of equipment, machinery, engines, stock, repairs, and all other articles except for current use shall be by written correspondence, except such oral negotiations as are had in the presence of both the city manager and the board of aldermen, and, for this purpose, a meeting of the board may be called by the manager or any member of the board at any time upon four hours' notice to the others. This provision shall not bar visits and inspection of any equipment or other thing coming within this section to be purchased. City manager's duties and powers.

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SEC. 53. Be it further enacted, That it shall be the right and duty of the city manager to attend the meetings of the board of aldermen, except at such times as his official acts or his relation to the city in any way may be under discussion and consideration. The board or any member shall have the right to require his appearance at any meeting when it is desired to obtain information from him or advise with him concerning city affairs. He shall not have the management of the city schools or property, except as to the lights, water supply, sewerage, and plumbing and such other matters as may be specially directed by the board of aldermen. He shall not have control or management of the city office, except as to keeping the building in its proper repair and as specially directed by the board, but he shall have free access thereto, and to the books and minutes at all times during office hours, and shall have his office in the city hall in such quarters as may be assigned to him by the board. Further duties, and limitation of powers. SEC. 54. Be it further enacted, That the city manager shall keep daily account of the time of all laborers and employees under him, and shall issue warrants or orders to the city treasurer for the payment thereof. Separate accounts shall be kept for the several departments and each warrant or order issued shall specify the department to which it applies. Accounts and payments. SEC. 55. Be it further enacted, That the city manager shall have the right to suggest and urge before the board of aldermen the passage of any measure which, in his judgment, will promote the interests of the city. Suggestion of legislation. SEC. 56. Be it further enacted, That if the office of city manager should become vacant at any time for any cause, the duties of the office shall be discharged by the board of aldermen until the vacancy can be filled, and, to this end, there may be such assignment of one or more members to separate departments for administration purposes as the board may prescribe by resolution. Vacancy in office. SEC. 57. Be it further enacted, That the board of aldermen shall make weekly inspection of the reports and accounts

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of the city manager and have authority to summons him before them to furnish any information desired concerning the same, and it shall be the right and duty of the board and of the individual members, acting in the interest of the city, to make frequent inspections of the working and operation of the various utilities and departments of the city. Inspection of reports, etc. SEC. 58. Be it further enacted, That as soon as practicable, after he is elected and qualified, the first city manager selected under this Act shall cause to be made a complete map or diagram, in permanent form, by some competent engineer, showing the location of all water, gas and sewer pipes, all plugs, cut-offs, connections, and all other data connected with the water, gas, and sewer systems as will facilitate the efficient and economical maintenance and extension and improvement thereof. Such map shall be preserved by the city clerk and shall be amended from time to time as alterations and extensions are made rendering the same incomplete, not oftener than once every two years, except for some pressing need. It shall be his duty to plan and direct the street, sewer and other like improvements upon systematic plan with a view to permanency. It shall be his duty as early as practicable each year to submit to the board of aldermen a report outlining the permanent improvements planned for the ensuing year with an estimate of the costs, together with an estimate of the financial needs of the city for all purposes. Map of water, gas, and sewer pipes, etc. SEC. 59. Be it further enacted, That no person related to the city manager or to any member of the board of aldermen, by blood or marriage, within the second degree, shall be elected, appointed, or employed, for any work or position in the city, excepting ordinary laborers. Relatives not be appointed. SEC. 60. That all persons voting at any city election who are not qualified to vote, according to the provisions of this Act, shall be guilty of a misdemeanor, and, upon conviction thereof in the State court having jurisdiction, shall be punished as prescribed by the laws of this State for illegal voting. Penalty for illegal voting.

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SEC. 61. Be it further enacted, That it shall be the duty of the board of aldermen, within 30 days after they are elected and qualified, in January, 1918, and every two years thereafter, to procure a competent accountant to audit the city books and accounts, and make a full and complete report thereof, which shall be preserved for the inspection of the taxpapers of the city. Audit of books, etc. SEC. 62. Be it further enacted, That the city clerk shall not delay longer than 30 days the issuance of any executions after the date it may first be legally issued for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand, or debt due the city, and shall not delay the placing of said execution in the hands of the proper officer for levy and sale longer than five days after the same is issued. The officer in whose hands such executions are placed, and whose duty it is to collect the same, shall make levy thereof upon the property of the defendant in execution (or the specific property where it is directed against specific property) when the same can be found, sufficient to make the amount due and advertise for sale not later than the second sale day occurring after the execution is placed in his hands, provided that no failure on his part to comply with this section shall affect the validity of the execution of a later levy thereunder. Executions; delay forbidden. SEC. 63. Be it further enacted, That the next preceding section shall apply to all past-due fines, forfeitures, taxes, and other claims. SEC. 64. Be it further enacted, That it shall be the duty of the city clerk to prepare and post in the vestibule of the city hall, in a conspicuous place, between the first and fifth of February and the first and fifth of October, in each year, a typewritten list, under his certificate, of all fines, forfeitures, taxes, and claims of every description past due by any person, showing the amount, when the same became due, and for what it was due, indicating whether or not execution has been issued. Posting of delinquent list. SEC. 65. The provisions of this Act shall take effect upon

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its approval by vote of the qualified voters of the City of Cartersville as provided in section 66 of this charter; provided, that it shall not be construed so as to terminate the office of any officer of the city until his successor is elected and qualified under this Act and shall not be construed so as to affect or change the regular administration of the city affairs for the remainder of the present term of the board of commissioners. Act, when effective. SEC. 66. Be it further enacted, That the board of commissioners shall cause an election to be held in the city on the second Friday in October, 1917, to determine whether or not this Act shall go into effect. The election managers as then constituted shall hold the election under the regulations governing special elections, except the clerk shall open the books for the registration of voters on the first day of October and keep the same open until the 9th day of October, inclusive, Sunday excepted, and hold the books open each day from 7 o'clock A. M. to 12 M. and from 1 P. M. to 6 P. M. Those registering shall take the oath now required by law and shall be qualified as now required and the election shall be held and the result declared under the same rules and regulations and laws as now govern special elections in the city. The city clerk shall cause the tickets to be printed, which shall, together with all other legitimate expense of the election, be paid for out of the city treasury, and shall deliver the same to the election managers for distribution. The ballots shall have printed on them: The adoption of a new charter for the City of Cartersville as enacted by the General Assembly of 1917, preceded by the words, for and against. Those voting for the adoption of the new charter shall erase the word against. Those opposed to the adoption of the new charter shall erase the word for. If a majority of the votes cast are in favor of the new charter, the same shall be so declared and shall go into effect, subject to the restrictions in this Act, as the charter of the City of Cartersville. It shall be the duty of the clerk to have the date and purpose of the election published in a newspaper published in the city at least once before the election. This Act referred to popular vote.

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SEC. 67. All laws and parts of laws in conflict with this Act are repealed. Approved August 20, 1917. CLARKESVILLE, CITY OF; NEW CHARTER. No. 248. An Act to repeal an Act entitled To incorporate the City of Clarkesville, in the County of Habersham; to define the corporate limits thereof; to confer upon the mayor and council thereof certain powers, privileges and duties; to provide for public schools, and other purposes, approved December 16, 1897, and to incorporate the City of Clarkesville, in the County of Habersham; to create a new charter and municipal government of said city; to define the rights, powers, and duties of the same; to re-establish and define the corporate limits; to create and establish a board of trustees for the public schools of said city and to define their powers and duties; to establish and provide for a public school system; to create a board of assessors and equalize the taxes of said city and define their powers and duties; to provide for the keeping of prisoners of said city in the county jail; to letting of city convicts to the Habersham County authorities to work in the county chain-gang and to enlarge the duties and powers of the mayor and council of the City of Clarkesville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Clarkesville, located in the County of Habersham, and State of Georgia, be and they are hereby incorporated under the name and style of the City of Clarkesville, and the said City of Clarkesville is hereby chartered and made a city under the corporate name of the City of Clarkesville. Corporate name.

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SEC. 2. That under and by virtue of the corporate name of the City of Clarkesville, it shall by that name have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of the State of Georgia or cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging or in any wise appertaining to said City of Clarkesville and as heretofore incorporated, shall be and are hereby vested in the said City of Clarkesville, created by this Act; and the said City of Clarkesville, 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, rules, by-laws, regulations, and resolutions for the transaction of its business, and 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 Clarkesville shall have the right and be able in law to purchase, rent, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements, and hereditaments, easements, and the right of eminent domain and of all property, real or personal, of whatsoever kind within or without the limits of said city for corporate purposes and said City of Clarkesville, created by this Act, shall succeed to all of 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 Clarkesville, and its mayor and council of the City of Clarkesville, as heretofore corporated. General powers. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Clarkesville shall embrace and consist of the territory confined within the following described boundary: Commencing at the southeast end of Soque River bridge next to said city; thence up said river to a point opposite the original northwest corner, between lots two and twenty-three to where the river

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intersects the original land lot line between lots one and twenty-four, in the 12th land district of said county; thence to said corner between lots two and twenty-three and along the line between said lots Nos. two and twenty-three and three and twenty-two in said district and continuing in the same direction along the original land lot line between land lots two and twenty-three, three and twenty-two and four and twenty-one of said district until it intersects the southeast side of the right of way of the Tallulah Falls Railway; thence along the southeast side or line of said right of way until the southeast side of said right of way intersects the original land lot line between lots forty and forty-one, in the 10th land district of said county; thence north 30 west along said original lot line by the northwest corner thereof and continuing in the same direction along the original land lots lines twenty and twenty-one, and eighteen and nineteen in the 10th land district of said county until the point is reached where the original land lot line between lots eighteen and nineteen in 10th district as aforesaid intersects the eastern Soque River; thence up said river along the eastern bank thereof to the bridge, the place of beginning. Territorial limits. SEC. 4. Be it further enacted by the authority aforesaid, That the corporate authority of said city and the territory of jurisdiction of the said city, and the territory of jurisdiction of the governing body and officers thereof, shall extend, for police and sanitary purposes, over all the lands which are now owned or controlled, and all the lands which may be hereafter owned or controlled, by said city, for waterworks, electric lights, power plants, sewerage, easements, drainage or cemetery purposes, within or without the territory indicated in section 3 hereof; and over all mains, pipes, wires, poles, machinery, apparatus and fixtures, which are now or may hereafter be owned, controlled or used by said city for either of said purposes, within or without the territorial limits indicated in section 3 hereof. 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

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may deem necessary to protect such lands and premises referred to in this section, and all rights and interests of said city therein, as fully and completely as if the same were located within the limits of said city proper, as indicated in section 3 hereof. Extension for police and sanitation. SEC. 5. The municipal government of the City of Clarkesville and its corporate powers shall be exercised by a mayor and five councilmen, to be elected from the city at large, and which body shall be known as the Mayor and Council. Mayor and council. SEC. 6. That the mayor and each councilman of said city shall be elected and serve for a term of one year, or until their successors are elected and qualified; that at the first election occurring after the passage of this Act the two candidates for councilmen receiving the highest number of votes shall hold for two years and the other three councilmen shall hold for one year, and at the next regular election thereafter three councilmen shall be elected, and the two candidates receiving the highest number of votes shall hold for two years, and so on at each election thereafter, so that two councilmen at each election shall hold their office for two years, that the mayor and council of said city shall qualify for their respective offices at the first regular meeting of said mayor and council in the month of January of each year, at which time the old mayor and council shall turn over to the new mayor and council their respective offices. The present mayor and councilmen of said city shall continue in their respective offices with their present compensations until the first regular meeting of said mayor and council in the month of January next, 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 Clarkesville 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 or appointed and qualified, unless sooner suspended, removed or discharged by the mayor and

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council of said city, which right and power is hereby given them. Terms of office. Officers holding over. SEC. 7. That should there be a tie for the long and short term in said election between two or more elected councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. Should there be a tie between two or more candidates for mayor or two or more candidates for councilmen, then, in that event, the mayor and council then qualified shall within thirty days call another election to decide by popular vote of voters of said city to decide which of the tied candidates shall be elected and the new mayor and council, nor any part of them, shall not qualify until a mayor and five councilmen shall have been elected and so soon thereafter they shall as a body be qualified for their respective offices by complying with the requirements of this Act. Long and short terms, in case of tie vote. SEC. 8. Be it further enacted by the authority aforesaid, That in the case there is a vacancy in any two or more of the offices of the mayor and council by death, resignation, failure to elect, removal from office, removal from city, or in any other way, a special election shall be ordered by the mayor and council, in the event of no mayor, then by the council alone, and in the event of no council, then by the mayor alone, and in the event of neither, then by any three or more citizens and voters of said city, giving thirty days' public notice in any newspaper of said city, to fill such vacancy; provided, that if any vacancy shall occur within three months of the next regular election of the mayor and council, then, in that event, the mayor and council or such portion of them that remain in office may, in their discretion, refuse to order such election, and await the regular election, but in the event there be not a quorum of the council to compose a regular working body as herein provided, then the mayor and council shall have authority by this Act to select some qualified voter, citizen and freeholder of said city, or as many of them as may be needed to form a quorum and regular working body of said council of said city who shall qualify in manner and form as

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the councilmen regularly elected and when so qualified they shall have all the right and privileges for the remainder of the unexpired terms for which they are elected to fill as if they had been regularly elected, but the council may, in their discretion, if the vacancy occurs within three months of the regular election, either elect or appoint members to fill said vacancy or may leave it to a vote of the citizens of said city, but it shall be mandatory of the mayor and council, or so much of them as may be left, to see that at no time there shall be less members of said council than will constitute a regular working body for all purposes that may be necessary for a period longer than thirty days. Vacancy in office, how filled. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor, or if no mayor, then said council of said city, whenever any election is to be held, shall post at the courhouse and publish in a newspaper published in said city a notice that an election will be held, giving the date of said election and the names of the managers thereof thirty days before the date of said election. Notice of election. SEC. 10. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the County of Habersham, and who reside in the City of Clarkesville, and who have paid all legal taxes and fines imposed and demanded by the authorities of said city, and who have done all work on the streets of said city required by said authorities, and who shall have resided in said city for at least six months next preceding the date of said election and who have registered in the registration book of said city as hereinafter provided, shall be entitled to vote for mayor and councilmen, members of the board of education or to vote in any other election held in said city at the time of their qualification. Qualified voters. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and council shall provide for the registration of voters in said city; that the city clerk shall be registrar and that he shall open the registration books of said city at least twenty days, including Sundays, prior to any municipal election held for any purpose in the said City of

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Clarkesville for the registration of voters within said corporation, which book shall be kept open each and every day (except Sunday) until ten days preceding said election, when it shall be finally closed until after said election for which it was opened. During said time said book remains open it shall be the duty of said clerk upon the application of any voter to register the name of such person, expressing in such register his age, occupation, business, color and his residence and the said applicant shall take the following oath to be administered by said city clerk, to wit: You do solemnly swear that you are a citizen of the United States of America; that you will be qualified to vote for a member of the Legislature of Habersham County at the time of the election for which this registration is being taken, and that you will have resided six months within the corporate limits of the City of Clarkesville at the time of said election; that you will be twenty-one years of age by the day of said election; that you have paid all taxes, fines and all other obligations due the City of Clarkesville to date, so help you God. It shall be the duty of the city clerk to require each applicant to take the above oath with right hand uplifted while said oath is being administered. It shall be the further duty of the clerk to arrange the names registered in alphabetical order and to furnish to the superintendent or managers of said election the said registration book duly certified as the original registration book. It shall be the further duty of the city clerk to furnish a registration list in alphabetical order of all names, properly registered, and deliver the same immediately after the registration book closes to the mayor and council, who have authority by this Act to properly purge said registration list and investigate and if in their opinion any one or more voters registered on said list is not entitled to vote in such election it will be their duty to strike said name or names from said list. That after the said list has been thoroughly purged by the mayor and council it shall be their duty to approve said list and turn over said registration book and list to the election managers. The original book shall be kept at the polls by said managers of the election for the inspection of the

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voters and citizens of said city, but that said election managers shall be governed as to who shall be entitled to vote in said election by the alphabetical list duly approved and turned over to them by the mayor and council of said city. When the election is over such registration book shall be by said managers filed in the office of the clerk of the council, to be by him safely kept. Any person whose name has been left off of said registration list by mistake, inadvertence or any other good reason and he is otherwise entitled to vote, such person shall make application to the mayor and council in special call session in person and present his case and right to vote and if in the opinion of the council such person is entitled to vote under the provision of this Act it shall be their duty to notify instanter in writing the managers of said election, authorizing them to add such person's name to said list that will entitle him to vote in such election. That after the passage of this Act the mayor and council shall prepare a permanent registration book, upon which shall be entered the names of all qualified voters of said city, which shall be revised at such times as the mayor and council may deem wise; that all voters' names entered thereon shall so long as they comply with the provisions of this Act and otherwise entitled to vote as provided herein they shall remain on such permanent registration book and it shall not be necessary for them to again register unless they shall become disqualified under this Act; that the mayor and council shall have the right to investigate by proper hearing and inquire into the right of whether or not any voter or voters shall remain on said permanent registration book and if in their opinion such voter or voters is disqualified for voting they may have his name removed from said permanent registration book; provided, that no voter's name shall not be removed or stricken from said book until he can be heard before said mayor and council and make a counter showing and that before any action can be taken by said mayor and council he shall be notified in writing and served personally by the marshal of said city. Any person not qualified to vote under the provisions of this Act who shall vote or attempt to

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vote in any election of said city shall be guilty of misdemeanor and punished as provided for by the Criminal Code of Georgia. Registration of voters. Oath of voter. Clerk's duty. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to pass such rules and regulations governing all elections held in said city, as may be necessary, when not in conflict with this Act. All elections shall be superintended and managed by three qualified voters of said city who are freeholders, who shall be appointed by the mayor and council, or by the chief of police or marshal 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 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 open for voting at eight o'clock A. M. and close at 6:30 o'clock P. M. according to eastern time. Regulation of elections. SEC. 13. Be it further enacted by the authority aforesaid, That after the votes have been counted by the managers and they shall certify as being true and correct two lists of voters and two tally sheets, then they shall take the two tally sheets, the registration list and the two voters' list and seal them up and then each of said managers shall write with ink his name across the seal or wrapper of said package and then they shall take the ballots and seal them up in a separate box or package and each of said managers write his name across the seal or wrapper of said package and thereupon the two packages to be delivered to the city clerk and be kept by him until ordered by the mayor and council to destroy them in their presence as hereinafter provided. Lists, tallysheets and ballots. SEC. 14. Be it further enacted by the authority aforesaid, That within five days after said election the mayor and council shall convene in special session at which time the managers of said election previously held shall file a written report properly certified by them as being true of the

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result of said election with the city clerk, showing the number of votes cast and for whom cast. After the filing of said reports the mayor and council at such special session shall declare the result and such declaration shall be entered on the minutes of said meeting. Report of result of election. SEC. 15. Be it further enacted by the authority aforesaid, That should any citizen, voter or candidate of said city desire to challenge the vote of any voter offering to vote in any municipal election, such citizen or other person shall furnish to the election managers a list of voters' names he desires to challenge and stating in such writing the grounds for challenging each voter and thereupon it shall be the duty of the election managers to write across the back of such ticket as may be callenged the word challenged, and said managers shall count said votes so challenged, but in the report made by them to the mayor and council they must specify each vote challenged and shall attach such written challenge to their report as may be filed and before declaring the results of said election it shall be the duty of the mayor and council to give all parties interested at least three days' notice of the time and place of hearing and at such hearing they shall have submitted to them all evidence bearing on the qualification of the voter or voters and if in their discretion and opinion such challenged voter or voters is not entitled to a vote they shall throw out such ticket of such voter or voters as they deem proper and then declare the results of eliminating such challenged voter or voters, but if in the opinion of the majority of the council such challenged voter or voters were duly qualified to vote then they shall declare the result as shown by the report of the said managers. Challenge of votes. SEC. 16. Be it further enacted by the authority aforesaid, That the annual election for mayor and council and members of the board of education shall be held on the second Tuesday in December of each and every year, and the officers then elected shall qualify and enter upon the discharge of their duties at the first regular meeting of said mayor and council held in the month of January following said election and shall hold their office for the term hereinbefore

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specified or until their successors are elected and qualified. All other elections other than those specified above shall be held at any time the mayor and council may deem necessary that an election be held except those made mandatory by this Act. Time of annual election. SEC. 17. Be it further enacted by the authority aforesaid, That should any contest arise over any said elections for mayor and councilmen and members of the board of education or any other election held in said city the same shall be determined and disposed of as provided by section 125 of volume 1 of the Code of Georgia, 1910, and the other general laws of the State governing the question of contests arising over the elections for municipal officers. Any one desiring to contest the results of any election, such contestant shall file with the ordinary of Habersham County and also the city clerk of the City of Clarkesville within three days after the said election a notice that he desires to contest said election and at the same time deposit with the ordinary of Habersham County the sum of $5.00 as advanced cost to be credited upon the eventual cost bill of said contest. That within two days after notice is served upon him said ordinary shall cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for an office and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of said city and by placing notices of said contest at three public places within said city; said ordinary shall fix the time of hearing said contest which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross-grounds of contest. The contest shall be heard at the court-house. Said ordinary is authorized to hear and determine any contests, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual cost execution. Contest of election. SEC. 18. Be it further enacted by the authority aforesaid,

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That after the expiration of sixty days from the date of said election the mayor and council shall order the clerk of said council to burn up the ballots of said election in their presence without examining them or allowing the same to be done; provided, no written notice of a contest shall have been filed as provided by this Act. Ballots. SEC. 19. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of mayor, councilman, members of the board of education or any other elective office of said city who has not resided in said city for two years immediately preceding his election and who is not also a qualified voter in municipal elections for officers of said city and entitled to register under the registration law of force in this State and the provisions of this Act. Eligibility to office. SEC. 20. Be it further enacted by the authority aforesaid, That the regular monthly meetings of said mayor and council shall be held on the first Friday in each month, the time of day or night to be fixed by said mayor and council by ordinance, and the said mayor and council shall meet as often as may be necessary in special session to transact business for said city and they shall also have power to adjourn over any regular session to some future date. Said meetings of said council shall be held in the council chamber. Meetings of council. SEC. 21. Be it further enacted by the authority aforesaid, That the persons elected for mayor and councilmen and members of the board of education shall appear at the council chamber on the first Friday night in each and every January, or so soon as practical thereafter, and take and subscribe to the following oath, before any judicial officer of the State of Georgia authorized to administer oaths, 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 (member of council or member of board of education, as the case may be) of the City of Clarkesville to the best of my skill and ability, without favor or affection, that I will adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the

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inhabitants of said city, so help me God; that said oath shall be subscribed to by each of said officers and then entered upon the minutes as aforesaid and they shall forthwith enter upon the discharge of their duties. Oath of office. SEC. 22. Be it further enacted by the authority aforesaid, That all subordinate officers of said city elected by the mayor and council or by the members of the board of education shall before entering upon their respective duties take the following oath: I,....., will well and truly perform the duties of.....(of such office as the case may be) of the City of Clarkesville to the best of my skill and ability, without favor or affection; that I will as such officer at all times be subject to and abide by the laws, ordinances of said city and the rules and regulations of the officials of said city to which I may be subject and be governed; that I will at all times use my best endeavor to carry out and assist in the enforcement of the laws, ordinances and rules of said city, so help me God. Which oath shall likewise be entered on the minutes of the mayor and council or if it be a subordinate officer appointed by the board of education it shall be entered on the minutes of said board. Oath of office. SEC. 23. Be it further enacted by the authority aforesaid, That the power of legislation and the appointment of all subordinate officers of said city shall be vested in the mayor and council of said city. Legislation. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum of the mayor and council of said city except in special case herein provided for, for the transaction of business; in the absence of the mayor, the mayor pro tem. and three councilmen shall constitute a quorum, and in the absence of a quorum any one or more members present at an adjourned or regular session may adjourn from time to time by proper entry on the minutes and compel the attendance of absentees which power is hereby given them. Quorum. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive of the

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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 the meetings of the mayor and council; he shall also preside at the meetings of the board of education as a member ex-officio as is hereinafter provided; he shall have the right to vote, in case of a tie, in all matters pending before the mayor and council; he shall have the power to call a special session of either the mayor and council or the board of education whenever he may deem it necessary to hold a meeting in either of said bodies or if the occasion demands he may call a joint session of the two bodies above referred to and preside as chairman thereof; 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 the same, which veto shall be in writing, and shall plainly set forth the grounds why he vetoes said ordinance, order or resolution and shall file the same with the city clerk; but notwithstanding such veto, such ordinance, order or resolution may be passed by a vote of four-fifths of the mayor and council, to be taken by ayes and nays, and by four members of the council voting for an ordinance, order or resolution it shall be considered passed and the mayor's veto overridden and upon the question of overriding a veto the mayor shall not be entitled to vote in any event; provided, that such vote shall not be taken until four days after the filing with the clerk of such veto. The mayor shall be the presiding officer of what shall be hereinafter termed a police court, unless a recorder be elected as hereinafter provided for, and as such presiding officer shall try all offenders against the law and ordinances of the city, committed within the corporate limits and the police jurisdiction extending beyond the corporate limits of said city, and to punish for the violation of such laws and ordinances of said city by inflicting such punishment as hereinafter provided for as he may deem just and proper. Mayor's duties and powers.

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SEC. 26. Be it further enacted by the authority aforesaid, That the mayor shall receive a salary of $100.00 per annum, payable annually, unless it be changed as provided for in section 104 of this Act, to be paid immediately after the close of the city tax books of each year. The mayor shall receive no other compensation by costs or otherwise. The councilmen shall have an adequate salary to be fixed by an annual ordinance, which in each case shall be passed by each retiring mayor and council; provided, that the succeeding mayor and council shall have the right to elect a recorder as provided for herein and such salary of mayor shall be automatically fixed by section 104 of this Act for such time the mayor is not acting as presiding officer of such police court and no further compensation by cost or otherwise; provided, that the salary of the councilmen shall not exceed $100.00 per annum in total or as a whole. The mayor and council shall elect annually, on the first Friday in January in each year or as soon thereafter as practical, a marshal or marshals, city clerk or clerk of the council, and a city treasurer who shall discharge all the duties imposed by this charter, the laws and ordinances of the city as hereinafter provided. The mayor and council shall at the same time, if in their discretion they deem it proper and necessary, 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, but the mayor and council may, in their discretion, dispense with the services of a regularly employed attorney as the occasion demands. The said mayor and council may, in their discretion, employ an auditor, whose duty it 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 the same to the mayor and council; provided, that the salary of the marshal shall not exceed the sum of $480.00 per annum for each marshal so employed; that the city clerk or the clerk of the council's salary shall not exceed the sum of $75.00 per annum; the salary of the city treasurer not to exceed the sum of $25.00 per annum; that the city attorney's salary shall not exceed the sum of $50.00 per annum; provided,

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further, that the combined salaries of all officers or specially employed shall not exceed the total sum of $900.00 per annum. That the mayor and council may in their discretion, employ a city tax-collector who shall in lieu of the marshal of said city collect all taxes, both special and ad valorem, whose duties shall be prescribed by the mayor and council by ordinance; that he shall receive as compensation the sum of one half of one per cent. on all taxes collected by him and such amount shall be payable on or after December the 20th of each year and in the absence, resignation or removal from office the marshal shall have charge of collecting said taxes; that such tax-collector shall give bond payable to the mayor and council of said city for an amount not less than four thousand dollars and he shall give as security some good and solvent bonding company approved as designated by the mayor and council and the fees therefor shall be paid by the City of Clarkesville. Salaries of mayor and councilmen. Recorder. Clerk. Marshal. Treasurer. Attorney. Audtor. Salaries. Tax-collector. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and councilmen at their meeting on the first Friday annually shall elect one of the councilmen as mayor pro tem. who shall, in case of absence, disqualification or on the refusal of the mayor to act or for vacancy in the mayor's office, perform and discharge all duties and exercise all of the authority of the office of mayor upon taking the usual oath and be clothed with all the authority to act as fully and as completely as the mayor to carry out the provisions of this Act. Mayor pro tem. SEC. 28. Be it further enacted by the authority aforesaid, That 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 for; shall have power to regulate the time, mode and manner of electing or appointing such officers or agents; to fix their fee and salaries; to take their bond; 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

Page 597

without notice; provided, that the salaries of such special officers or agents shall not when added to the salaries of other officers herein specified exceed the maximum amount specified by this Act to be appropriated for salaries. Other agents and employees. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor, or, as herein provided, the mayor pro tem., shall be bound to keep the peace and shall be ex-officio justice of the peace as far as to enable him to issue warrants for offenses committed in said city or within the jurisdiction granted by this Act; it shall be his duty to examine into the facts of each case brought before him and if the facts of the case be not only a violation of the ordinances of said city, but a violation of some State law the mayor or the mayor pro tem. or recorder may, in his discretion, place a fine on such offender for violating said city ordinance and then commit him to jail of Habersham County, there to wait the action of the grand jury of said county or he may, in his discretion, commit such offender to Habersham County jail without imposing a fine for a violation of such city ordinance and fix amount of bail for such offender's appearance at such time and place as he may be required to appear. Mayor as ex-officio justice of the peace. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor shall on the first Friday in January of each year, or so soon thereafter as practical, appoint a committee of three of the members for each committee of the council to compose the following committees: Finance, Street, alleys and sidewalks, Parks, light and sewerage, Cemetery, Sanitary, School and city buildings. It shall be the duty of the mayor to put each of the several councilmen on an equal number of committees as near as it is practical to do and it is also his duty to appoint one of the three councilmen as chairman of such committee and in dividing the chairmanship of each committee to divide the chairmanship among the several councilmen, placing each councilman as chairman of the committee for which he is best suited. Committees of council. SEC. 31. Be it further enacted by the authority aforesaid,

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That 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 four weeks in some newspaper in which the sheriff's advertisements are placed, he shall sell the property levied on before the court-house door in Habersham County on the first Tuesday in each month and between the legal hours for sheriff's sales and in such manner as is now required by law of sheriff's sales, when not in conflict with this Act. If the property be divisable he shall offer it in parcels and shall sell at public outcry to the highest bidder and he shall execute title to the purchaser, which tax title and the recitals therein shall be evidence of the facts therein recited as required in section 885 of the Code of Georgia, 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; acting by authority of the mayor and council he shall be authorized to arrest any violator of the ordinances of said city, or any person guilty of a breach of the peace or of riot of boisterous and disorderly conduct in said city with or without process; provided, that such offender is at the time endeavoring to escape or said offense or violation of said ordinance was committed in the presence of the officer; it shall be his duty to hold such person so arrested until a hearing of the matter before the proper officers can be had, and to this end said arresting officer or his deputy is authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Habersham County for a reasonable length of time. The marshal and his deputies of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal and his deputies of said city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Clarkesville; provided, when the arrest is not made in twelve hours after the offense is committed, said marshal and his deputies are not

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authorized to arrest such offender outside the corporate limits of said city, except in obedience to a written warrant signed by the city clerk and countersigned by the mayor, mayor pro tem. or recorder. Marshal's duties and powers. SEC. 32. Be it enacted by the authority aforesaid, That when any arrest is made by the marshal of said city or his deputies he may take bond for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bond by the mayor, or the mayor pro tem. or recorder. Arrest and bond. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to authorize by ordinance the marshal or his deputies of said city to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Aid of arrests. SEC. 34. Be it further enacted by the authority aforesaid, That the city marshal shall keep within a well-bound book a complete itemized statement, properly dated, all receipts for the city showing who received from, for what purpose, and also all expenditures paid out for the city by him, should he be authorized to pay out any by the mayor and council, showing whom paid to and for what purposes paid and it shall be his duty to furnish to the city treasurer the items, dates, amounts collected, showing who received from and for what purpose, when called on by such treasurer or when money is turned over to the treasurer by said marshal. Record of receipts and expenditures. SEC. 35. Be it further enacted by the authority aforesaid, That the said marshal shall familiarize himself with all the laws and ordinances of said city and shall enforce the same fairly and impartially, but he shall at all times be subject to the direction of the mayor and council of said city. Marshal.

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SEC. 36. Be it further enacted by the authority aforesaid, That the city treasurer shall be the custodian of the funds of the city and shall be the keeper of such records thereof as the mayor and council may prescribe and shall give such indemnity bond as is hereinafter provided for; he shall furnish to the mayor and council at each regular session a monthly financial statement which shall show the exact status and financial conditions of said city treasury. Such statement shall be itemized, stating from whom money received, for what purpose received, date received, and all moneys paid out, where paid out, to whom paid out and for what purpose; such statement shall also show balance in said treasury, if any. He shall be governed by such rules and regulations as the mayor and council may make effecting his office, provided such rules and regulations are not in conflict with this Act. Treasurer's duties. SEC. 37. Be it enacted by the authority aforesaid, That 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 and clerk of the board of education; he shall issue all processes and discharge all duties that shall be required of him by this Act, and the laws, ordinances, rules, regulations and resolutions of the mayor and council; he shall keep a minute book and record all the proceedings that come before the mayor and council and board of education, that it is his duty to issue a warrant in the name of the mayor or other presiding officer of said police court upon an affidavit made by the marshal of said city or any other person for the arrest of any person or persons who have violated any of the laws or ordinances of said city. Said affidavit and warrant shall be in form prescribed for criminal affidavits and warrants in the criminal court of Georgia which shall be addressed to all and singular the marshal, deputy marshal of the City of Clarkesville. It is his duty to issue all fi. fas. and executions for taxes or other amount due said city and to administer oaths for warrants and other processes or proceedings. Clerk's duties. SEC. 38. Be it further enacted by the authority aforesaid,

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That the marshal of said city, the treasurer of the City of Clarkesville, the treasurer of the board of education shall give an indemnifying bond payable to the mayor and council of the City of Clarkesville, which bonds or amount thereof may be fixed by the mayor and council; provided, that in no case shall the bond of the marshal of said city be less than $500.00 nor the bond of the city treasurer be less than $3,500.00, nor the treasurer of the board of education be less than $1,200.00; that the treasurer of the City of Clarkesville and the treasurer of the board of education shall each give a good and sufficient bond and give as surety some good and solvent bonding company to be designated by mayor and council, the fees of which are to be paid out of the general fund of the treasurer of said city by the mayor and council; the marshal of said city shall give a good and sufficient bond in either a bonding company or bond with personal security, which kind of bond shall be left to the discretion of the mayor and council which shall be approved by the mayor and council or a majority thereof. Bonds of officers. SEC. 39. Be it furthehr enacted by the authority aforesaid, That the mayor or any member of the city council of the City of Clarkesville may have charges made against them by the other members of the council or upon the petition of ten qualified voters of said city who are freeholders, which upon said petition the mayor and council shall prefer charges against said members as is described in said petition and thereupon such official shall be tried on said charges for neglect of duty, malpractice in office or other disorderly conduct, or for the violation of the city ordinances of said city, and upon conviction the said mayor and council may impose a fine not exceeding $50.00 or sentence them to work on the streets of said city and they may in the discretion of the mayor and council also be removed from office, or be suspended from discharging the duties of their office for thirty days, and the said mayor and council may in their discretion impose any one or all of the said judgments on any one convicted for the above offense. It shall be the duty of the mayor and council to

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render a full report of said proceedings and have the same entered on the minutes by the clerk which shall be done upon conviction or acquittal of such charges; that in the event that such a number shall have charges preferred against them so as not to leave a quorum to try and determine said charges it shall be the duty of the remaining members to select from the voters of said city impartial citizens of said city to fill said vacancies as is provided for in the latter part of section eight of this Act, which newly appointed members shall sit in session with mayor and council only during the hearing of said charges, unless said members should be suspended or removed from office, and in the event of removal from office and the general election of mayor and council does not occur within three months, then it shall be the duty of the remaining members of the council to call an election, otherwise said appointees shall hold their office until the regular election of mayor and council or until the removal of said suspension. Trial of charges against mayor or councilman. SEC. 40. Be it further enacted by the authority aforesaid, That any officer of the said corporation of the City of Clarkesville, who may be sued for any act under this charter, and that the provision of this charter may be pleaded, and shall be a full defense to any action brought against the mayor and council of said city, or either of them, for any act done by them under and in accordance with ordinance passed in pursuance thereof. Defense of acts under this charter. SEC. 41. Be it further enacted by the authority aforesaid, That no officer of said city shall have any interest in any contract, directly or indirectly, in which the city is interested or is a party; neither shall he or they make any contracts with said city or any department thereof; neither shall any member of the council be allowed to vote upon any question in which he has, directly or indirectly, any personal interest. Interest in contract, etc., forbidden. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and councilmen and subordinate officers

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of said city shall be liable to punishment as any other unofficial person for violation of any of the ordinances, rules or regulations of said city. Liability to punishment. SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and council shall at their regular meeting held during the month of April or so soon as practical thereafter at any adjourned meeting of the aforesaid regular meeting in each and every year, to elect by a majority vote what is known and hereinafter termed as a board of assessors for said city, to be composed of three citizens who are qualified voters and freeholders in said city and who have resided within said city two years or longer, who shall compose said board and whose duty it shall be to annually on the first Monday in June of each year, or so soon thereafter as practical, to assess the fair market value of all real estate and personal property situated in said city or subject to taxation within said city; it shall be the further duty of the board of assessors to see that all taxable property within said city is assessed and returned for taxation at its fair market value, and that valuation, as between the individual taxpayer of said city, shall be fairly and justly equalized, so that each taxpayer shall pay as near as may be only a proportionate share of taxes according to the amount of taxes returned or assessed: it shall be their further duty after they have assessed and returned all property for taxation to return all blanks and assessments thereon of the individual taxpayers of said city back to the city clerk at such time as may be fixed by ordinance of the mayor and council; that they shall be governed by all rules, resolutions and ordinances that may be fixed by the mayor and council which are not in conflict with this Act; that they shall take such oath as may be prescribed by the mayor and council; provided, that no assessor shall pass upon and assess any of his own property or that of a co-assessor, but the property of such board of assessors shall be passed and assessed by the mayor and council of said city in the same manner and under the same laws and ordinances as the assessors are governed. Board of assessors.

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SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and council shall, before said tax returns, together with said assessment, are entered on the tax digest of said city, go over each one and, if in their opinion, said assessors have failed or neglected to make the proper assessments of the tax returns, or any item thereof, of any taxpayer said mayor and council shall have the right to raise or lower the assessment thereon; provided, that the specific items of taxable property so lowered or raised by said mayor and council has not been arbitrated during such year, and, further provided, that in the event that such assessments or returns are either lowered or raised then in that event said mayor and council shall notify such taxpayer and such taxpayer may, if he desires to do so, arbitrate said assessment in the same manner as he would if such assessment had been made by said board of assessors. Revision of tax assessments and returns. SEC. 45. Be it further enacted by the authority aforesaid, That the board of assessors shall have authority to issue subp[oelig]nas for the attendance of witnesses and to require the production of any person, firm or corporation all of his books or its books, papers, documents which may throw any light or give information of the existence of property or liability of property of any class for taxation. If any witness refuses to appear or refuses to produce books or other documents he may be dealt with by said city through and by its mayor or other presiding officer as other offenders of the ordinances of said cities are dealt with or be dealt with as provided by such ordinances, rules and regulations as may be passed by the mayor and council of said city, provided they are not in conflict with the provisions of this Act. SEC. 46. Be it further enacted by the authority aforesaid, That when the board of assessors shall make a correction, change, lower or raise the property of any person or corporation or double tax any firm or corporation or otherwise penalize such firm or corporation for not returning their property for taxation it shall be the duty

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of the board of assessors to immediately give notice to any such taxpayer of any change made in his return or of double taxing or otherwise penalizing for not making return, either personally or by leaving a written notice at his residence or place of business of such changes in said returns or of double taxing of such taxpayer or otherwise penalizing him, in the case of non-residents of the City of Clarkesville they shall be notified of such changes or of double taxing by sending said notice through United States mail to his last known place of address which when done shall be considered sufficient to place said taxpayer on notice of said change in his tax return and other changes. Notice of change in tax return, etc. SEC. 47. Be it further enacted by the authority aforesaid, That if any taxpayer is dissatisfied with the action or assessment of said board, he may within ten days from giving of said notice to him by said board of assessors in case of residents of said city, and within twenty days in case of non-residents of said city, give notice to said board that he demands an arbitration, giving at the same time the name of his arbitrator. The board shall name its arbitrator within three days thereafter and these two, if they can not agree, shall elect a third arbitrator, the majority of whom shall fix the assessment of the property on which said taxpayer shall pay taxes and said decision shall be final. The said arbitrators shall be freeholders and citizens of the City of Clarkesville and they shall render their decision within ten days from the date of the naming of them as arbitrators and upon the failure for said arbitrators to reach a decision said assessment as made by the board of assessors shall stand affirmed and shall be binding in the premises. Arbitration of tax assessment. SEC. 48. Be it further enacted by the authority aforesaid, That before entering upon the hearing the said arbitrators shall take an oath before the mayor of said city or any other officer of said municipality or State authorized to administer oaths that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and assess such property at its fair market value as it stood or existed on the date for returning

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the taxes for that year and that they will further determine the matters submitted to them according to the law, justice and equity of the case or matter for them to determine. Oath of arbitrators. SEC. 49. Be it further enacted by the authority aforesaid, That said arbitrators selected under the provisions of this Act shall be compensated in such manner as the mayor and council may determine by proper ordinance, except the party who seeks an arbitration shall pay his own arbitrator such sum as he may deem fit and appropriate and such party shall pay to the third arbitrator selected one half of whatever the ordinances of said city may provide for. Pay of arbitrators. SEC. 50. Be it further enacted by the authority aforesaid, That the said board of assessors shall on or before the 31st day of July of each year return to the city clerk all return blanks with assessments and endorsements thereon and said clerk shall immediately enter the same on the tax digest of said city in a correct and neat manner; provided, said assessment of the board of assessors is adopted and approved without correction by lowering or raising said return by said mayor and council as provided for herein. Tax digest. SEC. 51. Be it further enacted by the authority aforesaid, That on the first Friday in each September at the regular session of said mayor and council the said mayor and council shall levy and make up the tax levy for that year according to the provisions of this Act, and according to the general laws of the State and the ordinances of said city. Tax levy. SEC. 52. Be it further enacted by the authority aforesaid, That on the first Friday in October in each year (if on Sunday, the next day following) the tax books of said city shall be open for the payment of taxes which shall be kept open by the marshal or other designated officer of said city each day thereafter except Sundays for the purpose of receiving and receipting for all taxes due said city

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and said books shall be kept open until the 20th day of December of each year when said books shall close. Tax books; opening and closing. SEC. 53. Be it further enacted by the authority aforesaid, That immediately after said books are closed the marshal of said city shall make a neat and correct list of all taxpayers who have not paid their taxes for that year, specifying the amounts each are due, the same to be turned over to the clerk of the council to be passed on at the final meeting of the said mayor and council for that year and to be by them turned over to the succeeding mayor and council. Delinquent taxpayers. SEC. 54. Be it further enacted by the authority aforesaid, That on or after the first Tuesday in April and before or on the 31st day of May of each year each individual, firm or corporation owning or having in its custody or control any property, whether as trustee, agent, parent, guardian or administrator or in own right, subject to city taxes, such individual, firm or corporation must return the same for taxes to said city upon blanks to be furnished by said city for that purpose and the said property, whether realty or personalty, must be returned for taxes at its fair market value as it stood or existed on the date fixed by the general law of the State of Georgia for the lien of city taxes to attach. Said property when given in must be itemized in a full and complete manner and be described so that the board of assessors and the mayor and council and other officials of said city may readily identify the same which form of tax blank shall be prescribed by proper ordinances enacted by the mayor and council of said city, provided that said ordinance shall not conflict with the provisions of this Act; that said individual, firm or corporation shall before giving in their taxes for taxation on said blanks take oath, or in case of non-residents which may be done through their agents, which oath shall be as follows: State of Georgia, Habersham County, City of Clarkesville, Personally appeared before me..... an officer fully authorized

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by law to administer oaths, the undersigned deponent, who on oath says: That I do solemnly swear that the return I am about to make shall be a just, true and correct statement of all real or personal property of every kind which I hold or own on the day fixed by the authorities of the State of Georgia for returning State and county taxes for this year, or was interested in, either in my own right or the right of any person or persons whomsoever, either as parent, guardian, executor, administrator, agent, trustee or any other manner whatever, to the best of my knowledge, information and belief; that I do further swear that I will return for taxes all notes, accounts, judgments, executions, bonds, stock and all other evidences of value not exempt by law for taxation, in my right or possession (the following clause to be added if the citizen or person giving in tax lives or is domiciled within the city limits of the City of Clarkesville) (whether said money, notes, accounts, judgments, executions, bonds and stock are actually within the limits of the City of Clarkesville or not); I further swear that all property given in for taxes shall be at a fair market value of such property as it stood or existed on the date for the lien of city taxes to attach; I further swear that I have not conveyed or assigned to others or removed or caused to be removed out of the city any property to avoid returning the same for city taxes. I further swear that I will correctly and truthfully answer all questions asked me by the city tax-receiver of said city, the marshal thereof, or any person designated by the proper authorities of said city. All the above and foregoing oath I do solemnly swear to abide by, so help me God. Returns for taxation. Oath of taxpayer. SEC. 55. Be it further enacted by the authority aforesaid, That when any taxpayer gives in or returns his property for taxes and takes the oath in the preceding section he shall do so before the city clerk or some other officer authorized by law at the place where said oath was taken and that said oath shall be administered while such taxpayer holds up his right hand and after said oath is taken in this manner it shall be the duty of the officer before whom such oath is taken to certify on said return that such

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taxpayer took it in the manner prescribed by this and the preceding section and if such oath be taken before some officer without the limits of the City of Clarkesville he shall attach his official seal thereto. Oath, how administered. SEC. 56. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and power to provide by ordinance penalties for failure to make return of property for taxation as required by this Act; they shall also have power and authority to provide when and how taxes due said city shall become due and in what length of time and in what period it shall be paid, to fix a penalty for the nonpayment of taxes when due, and to this extent they may in their discretion double tax, and to issue executions against all persons who do not pay their taxes at the time of the closing of tax book of said city as provided by this Act; they shall have also full power and authority to pass such ordinances as they may deem necessary to carry out the provisions of this Act and to govern the giving in, assessing, arbitrating and the collection of taxes, provided such ordinances are not in conflict with this Act. Penalty for failure to return. SEC. 57. Be it further enacted by the authority aforesaid, That all property subject to taxation by the City of Clarkesville shall be given in by the owner or agent thereof for taxes on a blank return as may be provided by the mayor and council and that no return shall be accepted by the clerk of the council or the board of assessors unless said property is given in for taxation on a blank as may be prescribed by the mayor and council of said city. Blank for tax return. SEC. 58. Be it further enacted by the authority aforesaid, That no tax return shall be accepted for the clerk of the council or city clerk, the board of assessors or any other officer authorized to receive said return unless said return is sworn to by the taxpayer or his agent taking the oath as prescribed by this Act and administered while such taxpayer or his agent holds his right hand uplifted and that no tax return shall be received by said board of assessors, city clerk or other officer of said city authorized to receive

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the same unless the officer before whom said oath was taken certifies that said oath was taken as prescribed herein. Oath to tax return. SEC. 59. Be it enacted by the authority aforesaid, That any person who has been double taxed or otherwise penalized for failure to make return for their taxable property to the city clerk of said city and who desires to be relieved of said double tax or penalty shall make written application to the mayor and council of said city, assembled in regular session, within ten days after said notice is received by said defaulting taxpayer, passed on at the first regular meeting of said council after said notice is received; provided, that if said notice is received less than three days before the next regular meeting of said council, then it shall be filed within ten days and be passed over to the regular meeting of said mayor and council. Thereupon it shall be the duty of the mayor and council of said city to inquire into the facts in regard to the double taxing of such taxpayer and if it is apparent that the failure to return for taxes the property of such taxpayer within the time prescribed by the laws and ordinances was due to providential or other good cause and that such taxpayer did not have an opportunity to make the return as aforesaid, the mayor and council of said city in their discretion may pass an order on said application relieving said applicant of such double tax or other penalty as may be prescribed by the ordinance of said city and therefore it shall be the duty of the city clerk to enter such taxpayer's name on the tax digest of said city without such double tax or penalty being added thereto. Relief from double tax or penalty. SEC. 60. Be it further enacted by the authority aforesaid, That the date of the return for taxation of property within the limits of the City of Clarkesville, subject to taxation by said city, shall be returned for taxation or the lien shall attach for said city taxes on the same date each year as the date fixed by the authorities of the State of Georgia each year for the return of State and county taxes, as provided by the law of the State of Georgia. Date of tax lien. SEC. 61. Be it further enacted by the authority aforesaid, That if for any reason a clerical mistake is made in

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the tax return of any taxpayer before the same is entered on the digest of said city said party against whom such mistake operates he shall apply to the board of assessors to have said mistake corrected if it is apparent that a mistake has been made, and in the event that said mistake is not discovered until said return is placed upon the tax digest of said city, said party shall make application to the mayor and council of said city, who shall investigate the matter and if it is apparent that a mistake has been made it shall be the duty of the mayor and council to correct such mistake and note the same on the tax digest. Correction of error in return. SEC. 62. Be it further enacted by the authority aforesaid, That the city clerk, board of assessors or other officers of said city authorized to receive returns of taxes are required to receive the returns, or cause them to be made, and to collect the taxes thereon for former years of any person, firm or corporation which has failed to make proper returns and pay such taxes. Such taxes when received or returned shall be assessed according to the law or ordinance and rate of taxes as was in force at the time the default occurred and shall be so specified on the tax digest of said city. Back taxes. SEC. 63. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the City of Clarkesville and the government thereof 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. Ad valorem tax rate. SEC. 64. Be it further enacted by the authority aforesaid, That for the purpose of providing a sinking fund for paying the principal and interest of any bond heretofore issued, or that may be hereafter issued, by said city authorities, and for the payment of the annual or semiannual interest on said bonds and for the payment of legal and equitable judgment and decrees against said city the said

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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 the laws of Georgia, as provided in sections 865, 867, 869, 870 and 871 of the Civil Code of Georgia of 1910 and the other general laws of the State of Georgia and for the purpose specified in those sections. Those sections above referred to being made a part of this Act and charter. Sinking-fund and interest, additional tax for. SEC. 65. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to levy and collect annually, in addition to that already provided for in this Act, a tax not exceeding one-half of one per cent. on all the taxable property of said city for the purpose of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose. Tax for schools. SEC. 66. Be it further enacted by the authority aforesaid, That sections 872 to 875, both inclusive, of the Civil Code of Georgia of 1910 shall apply to the taxation of all railroads of said city of Clarkesville and to carry out the provisions thereof said sections are hereby made a part of this Act. Railroad taxation. SEC. 67. Be it further enacted by the authority aforesaid, That sections 876 to 878, both inclusive, of the Civil Code of Georgia of 1910 shall apply as to garnishments and interests of tax executions for the City of Clarkesville, and to carry out the provisions thereof said sections are hereby made a part of this Act. Garnishments, etc. SEC. 68. Be it further enacted by the authority aforesaid, That sections 879 to 885, both inclusive, of the Civil Code of Georgia of 1910 shall apply as to the mode and procedure to collect by levy and sale all municipal taxes due said city, and the manner in which redemption of property sold may be made, and to carry out the provisions thereof said sections are hereby made a part of this Act and any tax deed made in pursuance of the clause and foregoing sections shall be admissible in any court and the recitals shall be evidence of the facts therein recited as required in section 885 of the Code of Georgia. Levy and sale. Redemption.

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SEC. 69. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city by themselves or by their agents and employees, to register their names, business, calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration or for a license to prosecute, carry on or engage in said business, calling, or profession such amount as the mayor and council shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder; provided, further, that no person shall carry on said business under said license at any other place, except by special permit of the said mayor and council; said mayor and council shall have full power and authority to grant another person right to continue the same business under the same license whenever said business shall have changed hands, but no person shall continue said business under said license without special permission from the mayor and council. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, or who engage in or attempt to engage in such business, profession or occupation before compliance with the provisions of such ordinance. Provided, further, it shall not be within the power or authority of the mayor and council of the City of Clarkesville, or any other official therein, to give or grant any license to conduct or carry on any business, avocation, or calling in said city, in violation of the laws of this State in reference to the observation of the Sabbath day nor power or authority to give, grant or permit any license or any authority to keep for sale, to manufacture, give away, barter, sell or exchange within the limits

Page 614

of said city any spirituous, alcoholic, malt, vinous or intoxicating liquors, drinks, bitters, beverages or concoctions. Businesses; registration and licenses. SEC. 70. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to use the funds raised by means of issuing license under this section for any purpose termed extraordinary expenses under the statute laws of the State of Georgia, or they may use the same for paying ordinary expenses of said city. They shall not be restricted in the use of said moneys, so long as they are expended so as to produce public benefit to the citizens of the city as a whole. A separate account of all moneys so raised shall be kept by the clerk and treasurer and any appropriation of the same shall be specified out of what funds it shall be paid. Use of funds from licenses. SEC. 71. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Clarkesville shall have full power and authority to declare any business or calling that by reason of its nature might tend to increase idleness a nuisance, and refuse to grant a license to a person, firm or corporation to pursue such calling or profession or to carry on such business within the corporate limits of said city. Nuisances. SEC. 72. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to require and compel and make all male persons between the ages of sixteen and fifty years subject to road or street duties, residents of said city, work on the streets, alleys and thoroughfares within the corporate limits of said city not to exceed ten days in each year, at such time or times as the mayor and council may order and provide for by proper ordinance, or to pay a commutation tax in lieu thereof, not to exceed $5.00 in any one year, to be paid at such time or times as may be by proper ordinance designated. Should any person liable to work on the streets, alleys and thoroughfares under this section fail or refuse to do so or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, he shall be deemed guilty

Page 615

of a violation of this section, and, on conviction in the police court of said city, shall be fined in a sum not exceeding $10.00 or imprisonment in the city prison or the jail of Habersham County or by labor in the chain-gang of said city not exceeding twenty days. The mayor and council shall pass such ordinances as they may deem proper and necessary for enforcing the provisions of this section and for the collection of such tax. Road work, and commutation tax. SEC. 73. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to impose a license tax on all dogs owned or kept within said city and shall have power and authority to pass such ordinance as they deem necessary to collect such tax or otherwise enforce the provisions of this section, and may authorize and direct the marshal or his deputy of said city to impound or kill any dog or dogs at large, within the limits of said city, whose owner has failed or refused to pay said tax, or in lieu thereof provided an ordinance making it an offense against the laws and ordinances of said city to keep or maintain dog or dogs within said city without paying the license tax prescribed by the ordinances of said city and to pass such other ordinances as the mayor and council may deem proper and necessary for the enforcement of this section. Dogs, license tax on. SEC. 74. Be it further enacted by the authority aforesaid, That there shall be within the territory included within the corporate limits of the City of Clarkesville, as provided for in this Act, an independent school district which shall be governed by a board of education hereinafter provided for. School district. SEC. 75. Be it further enacted by the authority aforesaid, That on the second Tuesday in December of each and every year hereafter there shall be elected certain citizens who, together with certain other ex-officio officers of said city, shall compose, and shall hereinafter be known as, the Board of Education, consisting of five members to be elected by popular vote, as hereinafter provided, and the mayor of said city and one councilman who shall be ex-officio members of said board of education, which board

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shall contain in all seven members, five of which shall constitute a quorum; that said ex-officio members shall be entitled to vote as the other members of said board, and mayor of said city as a member thereof shall be chairman of said board of education. Board of education. SEC. 76. Be it further enacted by the authority aforesaid, That after the passage of this Act, the five members of the board of education who shall be elected as the mayor and council, as provided for in this Act, shall be elected in the same manner as the mayor and council; the two candidates receiving the greatest number of votes shall hold their terms for two years and the other three candidates receiving the next highest vote shall hold their term for one year each. It shall be the duty of the election managers to furnish a certified report under their hands and official signatures showing the number of votes received at such an election by each candidate for said board, at the same time each year, as the results of the election for mayor and council are declared, and said mayor and council shall at such time declare the result of said election and declare which of said two candidates received the highest number of votes and then they shall declare which of the next three candidates received the next highest number of votes, and when so declared these five shall constitute, together with the mayor and councilmen aforesaid, the board of education, upon their qualification as hereinafter provided. Election of board. SEC. 77. Be it further enacted by the authority aforesaid, That all the provisions of this Act regarding the election and qualification of the mayor and council which is not in conflict with the two preceding sections shall apply to the election and qualification of the five members of the board of education who are elected as the mayor and council. Qualification. SEC. 78. Be it further enacted by the authority aforesaid, That no person shall be eligible to said board of education who is not a male citizen of said city, and a freeholder thereof, qualified to vote in a municipal election of

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said city on the date of said election in which he is a candidate; that he has been a resident of said city for two years next preceding his election; that he has at least one child whose age is between six and sixteen years, inclusive, and which child is either attending the school of said city or was a member of the last term of said school for at least five months of such last term; provided, further, that no councilman shall be eligible to be a member ex-officio of said board unless he shall have one or more children whose age is between six and sixteen years, inclusive, and which child is either attending the school of said city or was a member of the last term of said school for at least five months of such last term, but in the event no member of the council for such year is eligible under the foregoing provisions then any member of said council shall be eligible to be a member of said board. Eligibility to board. SEC. 79. Be it further enacted by the authority aforesaid, That on the first regular meeting night, or so soon as practical thereafter, in each and every year every new mayor and council shall elect some member of said council, who shall be eligible as set forth in the preceding section, as a member ex-officio of the board of education as provided for in this Act who shall be elected or appointed by a majority vote of said mayor and council as herein provided for. Ex-officio member. SEC. 80. Be it further enacted by the authority aforesaid, That said board of education shall be a body corporate with the right to sue and be sued, plead and be impleaded in any of the courts of this State. Board incorporated. SEC. 81. Be it further enacted by the authority aforesaid, That the city clerk shall be the clerk of said board of education and shall be present at the meetings of said board and be subject to all rules and regulations of said board, provided, they are not in conflict with this Act nor the ordinances of said city; that he shall keep a separate minute book for said board of education and thereupon record all the proceedings of said board of education and shall receive a sum not exceeding $1.00 per meeting of each session

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of said board of education, said compensation to be fixed by the mayor and council of said city and to be paid out of the general funds of said city. Clerk. SEC. 82. Be it further enacted by the authority aforesaid, That at the first regular meeting of said board of education, or so soon thereafter as practical, it shall elect some member of said board as treasurer who shall be subject to all the rules and regulations of said board of education; provided, they are not in conflict with this Act and the ordinances of said city; he shall qualify as provided in this Act by giving bond in an amount not less than is provided for in this Act. Such treasurer shall furnish to the city clerk for the inspection by the mayor and council and the board of education a financial statement every sixty days beginning with the first one at the end of the first school month of the fall term of said school and continuing to furnish said report every sixty days until the end of the last month of the spring term at which time such treasurer shall prepare a final statement showing the financial condition of the treasury for the entire school year including the fall and spring terms, all statements to show amount of money received, balance on hand and all the disbursements properly itemized and dated. Said statement when turned over to the city clerk shall be kept by him for the inspection of the board of education and the mayor and council of said city. Treasurer SEC. 83. Be it further enacted by the authority aforesaid, That the said board of education shall have the right to fix its time of meeting, provided it shall not be at a time when such meeting would conflict with the meetings of the mayor and council; that they shall pass such rules and regulations as they may deem proper governing said board and the management of said schools, provided, that such rules and regulations shall not be in conflict with the provisions of this Act or the ordinances of said city. They shall have power to establish and maintain a system of public and high schools within said city and prescribe the number of grades in each; they shall have power to hire superintendents,

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teachers, janitors and all necessary help and assistance, and to fix the term of school months to be taught each year, and the compensation and duties of the superintendents, teachers and other help and to designate the books to be used in said schools and fix the amount of matriculation fee of students residing within the city and to fix the amount to be paid by, and the terms on which, parties living outside the city limits may send pupils to said schools; to provide free schools for the children within the limits of said city and to provide the dues and incidentals for children attending said school without the limits of said city; to provide free books, knives, charts, and school apparatus for such industrial school and high schools as the school board shall deem wise and expedient, and such as may be agreed upon by them; they shall have the power to regulate the conduct and demeanor of all superintendents, teachers and all other help and the pupils of said schools; said board shall provide separate schools for white and colored children; said board shall be clothed with full power and authority to negotiate loans, if such should be necessary, for the payment of its teachers or other employees, either through the mayor and council of said city, or directly of itself in behalf of, and to be binding upon, said board and its successors, which said loans shall not exceed its own income from the State, county, city or otherwise for the year in which the loan is contracted and from which said income or incomes are to be repaid. Meetings, powers, etc. SEC. 84. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. It is hereby made the duty of the mayor and council of the City of Clarkesville to levy and collect as a tax the amount so reported to them by the said board, if possible to do so under this Act, if not, so much of said amount as can be levied and assessed, and to turn the proceeds thereof over to the treasurer of said board; provided, however, that the amount so reported

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and collected shall not exceed five mills on the taxable value of the property of the City of Clarkesville, according to the city assessment. It shall be the duty of the mayor and council of said city to turn over to the treasurer of said board at the end of each month a warrant or order for all moneys in the hands of the city treasurer belonging to said board of education from whatever source collected until the full amount allowed to said board is paid over to them. Report of estimate. SEC. 85. Be it further enacted by the authority aforesaid, That the said mayor and council shall have authority to pay the treasurer of the board of education a salary, if in their discretion they think it wise and necessary, not exceeding $30.00 per annum; they shall have the further power and authority to require at any time a special report from the treasurer of the board of education showing the financial condition of such treasury. Salary of treasurer. SEC. 86. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have exclusive supervision and power over the school buildings and grounds of all schools within said city. School buildings. SEC. 87. Be it enacted by the authority aforesaid, That if for any reason a vacancy should occur in said board of education of the office held by the mayor thereof, then the mayor pro tem. shall by operation of this Act become a member ex-officio with the same powers as the mayor, who shall hold such position until a mayor of said city shall be elected and qualified; that if for any reason the councilman's office of said board shall become vacant then the mayor and council shall elect another member of said council to serve on said board in the manner as hereinbefore provided for by this Act; that should there become for any reason more than two vacancies in the office of the members of said board, then the provisions of section eight of this Act for filling vacancies in the mayor and council shall prevail and such vacancies filled according to the term of said section. Vacancy on board, how filled. SEC. 88. Be it further enacted by the authority aforesaid, That there shall be what shall be known by this Act as

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police court conducted in such a manner and at such time 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 the 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 102 of this Act, such recorder shall exercise all the powers conferred by this section and in this Act as may hereafter be given such recorder. Police court. SEC. 89. Be it further enacted by the authority aforesaid, That said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the incorporated limits or to such other limits and jurisdiction as may be given power by this Act to the said city to have police jurisdiction over, and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinances of said city under the authority of this Act. The jurisdiction of the said police court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of Georgia, when such charge is entered upon the docket of the court and when the offense is alleged to have been committed within the incorporate limits of said city or any other limits of said city that the said mayor and council may have power to police. 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 Clarkesville, within the limits prescribed by law, and said mayor or other presiding officer shall have the same power as judges of the superior courts of this State to punish for contempt by a fine not to exceed $50.00 or imprisonment in the city prison, or the Habersham County jail, not to exceed thirty days, in the discretion of the presiding officer of said police court. Jurisdiction, powers, etc.

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SEC. 90. Be it further enacted by the authority aforesaid, That said mayor or other presiding officer of said police court shall be to all intents and purposes a justice of the peace as has hereinbefore been conferred upon the mayor of said city by section 29 of this Act. Presiding officer. SEC. 91. Be it further enacted by the authority aforesaid, That there shall be kept in said police court one or more dockets, upon which shall appear names of each person for whom a warrant has been issued, which shall be entered by the clerk of the council, who has violated any of the ordinances of the City of Clarkesville or the State penal laws, and each person summoned before said court by a subp[oelig]na or other writ issued therefrom for the violation of any ordinance of the city or any State penal law shall be entered on said docket or dockets, together with the names of the witnesses against them and a brief statement of the offense with which they are charged. Dockets. SEC. 92. Be it further enacted by the authority aforesaid, That upon the trial of such person or persons the sentence 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 said police court in such respective cases. Said court or presiding officer thereof shall have the power to compel the attendance of witnesses residing in the City of Clarkesville or the County of Habersham, in all proceedings; or persons charged with the violation of any of the city ordinances, by a subp[oelig]na or summons, which subp[oelig]na or summons shall be issued by the city clerk and bear attest in the name of the mayor or recorder, or if no clerk of the council or if said clerk is not available, then it 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 subp[oelig]na or summons as for contempt of court, within the limits of punishment for violation of city ordinances. Such subp[oelig]na or summons

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shall be served by any officer of the marshal's force of said city and any person who may be charged with contempt of court, as herein provided, may be arrested by a warrant as the offenders of the other ordinances of said city; provided, that no subp[oelig]na 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. The ministerial officer of said court shall be the marshal, who shall be the chief of police, and in his absence one of his deputies, any of whom may execute the mandates of the court, and to whom, in the alternative, all and final processes thereof shall be directed. Docket entries. Powers of court. SEC. 93. Be it further enacted by the authority aforesaid, That any person convicted before the mayor, recorder or other presiding officer of said city, sitting as a police court, may enter an appeal from the judgment of said court to the council of said city; provided, the appeal be entered within twenty-four hours; and provided, that all cost be paid and bond, with good security, be given, payable to mayor and council of said city, to abide the judgment of said council; any person convicted on such an appeal by the council may have the right of certiorari to the superior court of Habersham County from such decision and judgment of which certiorari shall proceed under the provisions of the laws of the State of Georgia in such cases made and provided; provided, that all costs are first paid and bond given in double the amount of the fine imposed, with good security, which bond shall be approved by the mayor, recorder or other presiding officer for the appearance of the defendant to answer final judgment of the court; provided, that nothing in this section shall prevent the applicant for such certiorari or the appellant to the mayor and council from filing the proper pauper affidavit in lieu of the payment of cost or giving bond for cost as now required by law and this Act, and in case final judgment should be rendered in favor of defendant, the said City of Clarkesville shall refund to the defendant the sum he may have paid on said sentence. Appeals. Certiorari. SEC. 94. Be it further enacted by the authority aforesaid,

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That in any case where any person has deposited with said city or any officer thereof a sum of money as a bond for his appearance in said police court of a person charged with an offense, which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and be paid over by said police court to the city treasurer, as the property of the City of Clarkesville, in the event the party does not appear at the time appointed, for whose appearance said sum of money was deposited as a bond; provided, that unless he shall make it appear under oath that his nonappearance was due to providential hindrance. Deposit, forfeiture of. SEC. 95. Be it further enacted by the authority aforesaid, That when any bond is given to the mayor pro tem., recorder, marshal, or other officer of said city by any person or persons charged with an offense against the ordinances of said city, or arrested for such offenses, for his or her appearance at any session of said police court or at any other time such person so giving bond shall fail to appear at the time appointed in said bond, for his or her appearance, 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, calling on them to show cause in said court, at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the marshals force of the city at least five days prior to the return day or trial day thereof, upon the principal and sureties personally, or in the absence of either from the city, county or State in which said city is located, then by one newspaper publication of said scire facias five days before the return or trial term thereof. If at the return or trial term of time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond by the presiding officer of said police court against said principal and his or her sureties. On the entering of said judgment the city shall issue execution against the principal and surety in conformity with such judgment, and in the form and manner prescribed by execution by the city for taxes

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which shall be collected in the same manner as tax executions are collected as provided for in this Act. Bond forfeiture. SEC. 96. Be it further enacted by the authority aforesaid, That all appearance bonds given for the appearance of any person or persons who are charged with the violation of any of the ordinances of said city shall be made payable to the mayor and council of said city and in no event shall any bond be accepted by said city for an amount less than $25.00 which shall be approved by the presiding officer of said police court. Appearance bonds. SEC. 97. Be it further enacted by the authority aforesaid, That upon every arrest and conviction it shall be the duty of the mayor or other presiding officer of said city to collect out of every person so convicted the sum of $1.00 as arresting fee of such officer making the arrest and the further sum of fifty cents as city clerk's cost for issuing warrant, subp[oelig]nas and other processes and the sum of fifty cents per diem or fraction thereof for each witness who files with the city clerk his subp[oelig]na to collect said witness fee. Costs. SEC. 98. Be it further enacted by the authority aforesaid, That persons sentenced to labor by said police court shall be turned over to the superintendent of streets, chairman of the street committee or other officer in charge of the streets and public works to be put to work on said streets or public works in and around said city; that the said mayor and council shall in their discretion order any person shackled either singly or doubly; to confine them or such person during the night or such other times that no work is carried on while said sentence is in force; that in order to enforce discipline or compel work or labor of such person the mayor and council shall in their discretion appoint a whipping boss to inflict such punishment as may be reasonably necessary and that no whipping shall be administered except in the presence of the mayor and two councilmen and a licensed physician of said city or in the presence of three councilmen of said city and which whipping shall be entirely private and in a private place where

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no one except those actually engaged in inflicting such punishment or as witnesses aforesaid shall see such punishment. Punishment by labor. Corporal punishment. SEC. 99. Be it further enacted by the authority aforesaid, That the mayor and council are hereby authorized to pass all such ordinances, make such rules as effectually establish and maintain a city chain-gang in said city which shall be maintained and kept in compliance with the preceding section so far as it goes and which shall be governed by the same rules and regulations as govern other municipal and county chain-gangs in this State under the provisions of the Code of Georgia, unless otherwise provided herein. Chain-gang. SEC. 100. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to provide by ordinance for the charge and collection of all items of cost in cases brought into said court such as are incident and lawfully chargeable to the prosecution of such cases as may be heard and determined in the police court or before the mayor and council, all costs to be paid into the city treasury as fines and forfeitures and where no specified fee or item of cost is specified for any particular item by this Act, then the mayor and council shall provide and specify the amount by proper ordinance and upon failure or refusal of any person to pay any fine or costs imposed by the mayor and council or the police court, the same shall be enforced and collected by execution as city taxes are collected. Costs, fines, and forfeitures. SEC. 101. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or his deputy of said city to arrest, with or without a warrant, subject, however, to the provisions of the Penal Code of Georgia of 1910, any person or persons within the corporate limits of said city or within the police jurisdiction authorized by this Act who at the time of said arrest or before that time, have been guilty of violating any ordinances of said city or State criminal law, and which may be done upon the information of any one or more citizens and to hold such person

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or persons until a warrant is issued, and until a hearing of the matter before a proper officer of said city or any other officer having jurisdiction to try the same can be had, and to this end said arresting officers of said city are authorized to imprison and confine any person arrested by them in the city prison or Habersham County jail until a warrant is issued as provided for herein and passed on by the presiding officer of said 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 with violation of any criminal laws of this State that are now given to sheriffs of this State with reference to the pursuit, arrest and detention of persons charged with crime. The said officers shall be further governed in making such arrest by the provisions of section 31 of this Act as to marshal's duties. Arrests. Imprisonment. SEC. 102. Be it further enacted by the authority aforesaid, That whenever the mayor and council shall deem it necessary for the best interest of the City of Clarkesville 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; that on such disqualification of the recorder the mayor shall preside, and if he is absent or disqualified, then the mayor pro tem. shall preside and if both of them are absent or disqualified, then any other member of said council shall be elected or appointed to act as recorder during such absence. Recorder. SEC. 103. Be it further enacted by the authority aforesaid, That said recorder shall be elected in the following manner: That upon the vote of any four councilmen and approved by the mayor or upon a unanimous vote of five councilmen a recorder may be elected, which vote shall be

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for recorder and against recorder, then if for recorder carries before said mayor and council, then a vote shall be taken as to whom shall be elected recorder and a majority of said mayor and council shall elect in the manner and way other matters are voted on by said mayor and council. Election of recorder. SEC. 104. Be it further enacted by the authority aforesaid, That the said mayor and council shall have the right to fix the term for which said recorder shall be elected; provided, he shall not be elected for less than sixty days and his term to begin on the first of some month of that year, but he shall not be elected to hold beyond the term of the mayor and council who elected him; that his salary shall be fixed by the mayor and council, but such salary shall not exceed the sum of $10.00 per month. That in the event a recorder shall be elected by any new mayor and council, then the salary of the said mayor shall be $24.00 per annum, payable as provided by section 26 of this Act. That in the event a recorder is not elected or his office discontinued for any portion of a year, then in that event the mayor shall act as presiding officer of said police court and receive the sum of $8.33 1-3 for each month he serves as mayor and presides in said police court and said mayor shall receive the sum of $2.00 per month he serves as mayor only and the recorder presides at the police court; provided, that in no event shall the mayor's and recorder's salaries combined exceed the sum of $175.00 per year; that said recorder's salary shall be payable monthly and the mayor shall receive his salary as hereinbefore provided for. Term of office, and salary. SEC. 105. Be it enacted by the authority aforesaid, That the said recorder when elected or appointed by the mayor and council as aforesaid he shall have exclusive jurisdiction over said police court in as full a manner as the mayor, if he were presiding; that his duties and powers shall be confined to such matters as shall come before him as the presiding officer of said police court, but shall not extend to any other matter not appearing before him as such officer in said court; he shall have the right to fix such times as

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he may deem proper for holding such police court; he may in his discretion order or direct the marshal of said city to swear out a warrant for any person whom he believes in good faith has violated any of the laws or ordinances of said city; that he shall have power, in the event the marshal of said city is not available, to make an arrest of any person who is likely to escape, to appoint any special officer to make such an arrest and have such person brought before him and tried as other violators of the laws of said city are dealt with; that the said mayor shall not have right to preside in said police court or try any offenders for violating the city ordinances, except when there shall be no recorder present in said city qualified to act as hereinbefore provided. Jurisdiction. SEC. 106. Be it further enacted by the authority aforesaid, That there may be a board of health for said city, to consist of the three members composing the sanitary committee of said city and two other citizens of said city who shall be elected or appointed by the mayor and council by a majority vote and they shall hold office for one year and until their successors are appointed and qualified. The chairman of the sanitary committee of said city shall be chairman of said board of health and each of said members of said board of health shall be entitled to same right to vote on all matters that may be pending before said board, and the mayor and council shall prescribe by ordinance the proper rules and regulations for said board; prescribe their duties, time and place of meeting; they shall have the right to fix the salaries of the members appointed or elected by the mayor and council, provided, that it shall not exceed one hundred dollars per annum for the two salaries combined. Said board shall not be established except when in the discretion of a majority of the mayor and council, they shall deem it necessary and when so elected and appointed they together with the three councilmen composing the sanitary committee shall constitute said board of health and 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

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and introduction of infectious and contagious diseases of all kinds; they shall exercise absolute power over the subject of quarantine; shall have power to inspect foods, milk, fruits, meats, fish and game and all other things of like character sold in said city, and shall report to the mayor and council all persons selling any impure articles, and the said mayor and council 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 council shall enforce all sanitary rules and regulations and prescribe penalties for violation of the same; shall abate all nuisances and enforce all ordinances for the general health of the city; all of which shall be done and enforced by the said board of health under such ordinances, rules and regulations as may be provided by the mayor and council or enforced by the mayor and council. Board of health. SEC. 107. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Clarkesville shall have the power to condemn all unsafe or dangerous structures in said city, and remove or cause the same to be moved at the expense of the owner after due notice to him to remove the same, and the expenses incurred by said mayor and council in removing said dangerous structures shall be enforced by execution, levy and sale; in addition thereto the person may be tried for having and keeping such dangerous structures and upon conviction may be punished as prescribed by the ordinances of said city; that said mayor and council shall have a right to condemn any dwelling or mercantile structure, any closet, stable or other building or structure within said city or within the sanitary limits as hereinafter provided in this Act that shall be infected, contaminated or contain any infectious or contagious diseases or germs and bacteria of such diseases, by tearing down, dynamiting or by fire any such building which shall be necessary for the preservation of the public health and likewise for the prevention of such infections and contagions from being communicated, transmitted or

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being in any other manner placed or carried so as to subject any person within said city to such disease or diseases; provided, that no building shall be condemned, except on the recommendation of the city board of health, if no board of health, then upon recommendation of a physician, and upon a vote of four-fifths of the mayor and council of the said city; provided, further, that said building or buildings shall be condemned in such manner as is provided by the Code of the State of Georgia of 1910, sections 5206 to 5246, inclusive, which several sections shall constitute under this Act the procedure by which said condemnation shall be had; provided, further, that said mayor and council of said city shall be liable to other property owners for any damage they may sustain by reason of such destruction of such condemned house and in the event that said mayor and council and such property owner as aforesaid can not agree they shall arbitrate the matter as provided for in the aforesaid condemnation proceedings; provided, further, that nothing in this Act shall be so construed as to deprive the owner of the actual value of his property so taken or used. Condemnation and removal of dangerous structures. SEC. 108. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish such quarantine regulations against persons who have been exposed to contagious or infectious diseases; and they are hereby given the authority to pass any such ordinances, rules or regulations as they may deem proper to enforce any quarantine regulation for the protection of said City of Clarkesville, its citizens or any other person therein; and for this purpose their jurisdiction shall extend two miles in every direction beyond the city limits with the right to police such territory whenever the health of the citizens of said city or territory embraced therein shall make it necessary to do so. Quarantine regulations. SEC. 109. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Clarkesville shall have the right and power and authority to declare what shall be a nuisance and to provide punishment

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of persons who may create or continue a nuisance; they shall have power to abate any nuisance within said city as provided for in the Code of the State of Georgia of 1910, section 5331, and the other general laws of the State governing nuisances in cities and that in the event any building or structure should become a nuisance the mayor and council may order the same abated and removed by said owner and unless the same is done within a reasonable time the mayor and council shall proceed to have the same removed and abated by the provisions of sections 5329, 5330 and 5331 and 5332 of the Code of Georgia of 1910. Nuisances. SEC. 110. Be it further enacted by the authority aforesaid, That the 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 buildings or other structures, except those built of stone, brick, concrete or other material which is not subject to fire nor shall there be any building or part thereof covered with shingles or any other kind of wood within said limits. Should any one erect or cause to be erected within the fire limits established by the mayor and council any house, or other thing out of any material except that described above, said mayor and council shall cause the same to be removed after five days' notice at the expense of the owner or owners of such building or buildings; provided, that such owner shall begin within five days to remove the same and complete the removal within a reasonable time thereafter, the expense of such removal to be collected by execution issued by the authority of the mayor and council in the name of the City of Clarkesville against such owners by the city clerk and shall enforce the same as city taxes are collected as provided by this Act; provided, that the provisions of this section shall not be applicable to any buildings that have already been erected and completed prior to the passage of this Act. Said mayor and council shall in their discretion enlarge said fire limits, from time to time, as to them may seem meet and proper, but under no circumstances after a fire limit has been established under this section shall the area within the

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fire limit be diminished or decreased except on unanimous vote of five councilmen. Fire limits and regulations of buildings, etc. SEC. 111. Be it further enacted by the authority aforesaid, 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 by the mayor and council by ordinance, and a failure on the part of one 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 by said ordinance. Building permits. SEC. 112. Be it further enacted by the authority aforesaid, That the mayor and council of said City of Clarkesville shall have full power and authority to condemn land for the purpose of opening streets, alleys, sidewalks and other public passways for said city or for the purpose of laying out new streets, alleys, sidewalks, or other public passways for said city, or for the purpose of widening, straightening or otherwise changing or altering any street, alley, sidewalk or other public passway in the City of Clarkesville. If the owner, his agent or attorney of the land through which said new street, alley, sidewalk or other public passway is proposed to be opened, straightened, altered or otherwise changed or altered, claims that the owner shall be damaged thereby, and if the owner of the land, his agent or attorney, and the mayor and council are not able to agree as to the amount of damages that will be done the owner of the land by the opening of said public passway then said mayor and council shall proceed to condemn and arbitrate said matter. Condemnation of land for streets, etc. SEC. 113. Be it further enacted by the authority aforesaid, That when said mayor and council shall desire to condemn any property for municipal purposes within or without said city they shall cause to be served by the marshal of said city on the owner thereof, his agent or attorney a notice of their intention to condemn such land and that said proceeding shall be had under and by virtue of

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sections 5206 to 5246, inclusive, of the Code of Georgia of 1910, which section shall comprise the method and proceeding and said sections are hereby made a part of this Act and charter. Notice of condemnation. SEC. 114. Be it further enacted by the authority aforesaid, That said mayor and council of said city shall have full power and authority to regulate traffic and sales upon its public streets; to regulate the speed of trains, streets cars, locomotives, motorcycles, automobiles, wagons, buggies or any other kind of vehicle or device for transportation or other purpose; to prevent fast driving of any animal or other propelling power through or on the streets within said city; that the said mayor and council shall have power to either lay off, vacate, close, alter, pave, curb, and keep in good order and repair roads, streets, alleys, thoroughfares, sidewalks, crosswalks, driveways, drains and gutters for the use of the public or for any citizen thereof; to improve and light the same, and have them kept free from obstruction on, under or above them; to regulate the width thereof; to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and put in good order, free and clear of obstruction by the owner and occupants thereof or of the real property adjacent thereto; they shall have the further right 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 same with right to pay for such improvement out of the taxes of said city as provided by the laws of Georgia or 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 of each owner thereof and to require any railroad or street-railroad company having or which may hereafter have track running through or across the streets, alleys or ways of said city, so improved, to macademize 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

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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 against said company or companies and enforced and collected by an execution, levy and sale as city taxes are collected as provided by this Act. Sundry regulatory powers. SEC. 115. Be it further enacted by the authority aforesaid, That said mayor and council of the said City of Clarkesville shall have full power and authority to order, demand and require the owner of any real estate, his agent or tenant in possession of such property to grade, pave and otherwise keep in good order and condition the sidewalks abutting on their real estate in the City of Clarkesville and said mayor and council shall have full power and authority to have all sidewalks made uniform and to order the same paved or made from just such material as they may order and just such widths and thicknesses, styles or shapes as said mayor and council may order; provided, the said mayor and council caused to be served by the city marshal or other officer upon said owner of real estate, his agent, attorney at law or tenant in possession if to be found in the County of Habersham or notice directed to such owner, specifying and describing the sidewalk to be constructed or improved and the way to be improved and the material to be used in improving the same, and if the said owner of real estate does not within thirty days from the date of service of said notice or from the date of the entry of the city marshal or other officer of search for said owner, his agent, attorney at law or tenant in possession in the County of Habersham shall fail to commence to comply with such order and the terms of the notice, then, in that event, the said mayor and council by this Act have full power and authority to have said sidewalks built, constructed and improved and to collect the expense thereof from such real estate owner, and in the event the same is not paid within thirty days after the completion of the work, and demand has been made on the said owner if to be found in the County of Habersham and if not to be found in the County of Habersham then without demand. Sidewalk paving.

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SEC. 116. Be it further enacted by the authority aforesaid, That the mayor and council shall, in order to collect for the above improvements specified in the foregoing section when done by the city, shall order the clerk of the council to issue an execution against said real estate or against said owner and the said real estate in the name of the City of Clarkesville and in its favor for the full amount of such expense and cost, and such execution shall be a lien on the real estate abutting on said sidewalks so improved and said lien shall date from the commencement of the work on said sidewalks and shall be superior to all liens for taxes except those due the State and county until the same is fully paid and the real estate so improved shall be subject to be levied upon and sold by the city marshal at Clarkesville, or the sheriff of Habersham County, after advertising as sheriff's sales are usually advertised in the County of Habersham, and be sold, and said sale shall operate to convey the title to said real estate to the purchaser as completely and absolutely as the conveyance of the owner would or could and said officer shall execute a deed to the purchaser in accordance with his bid. Collection by execution. SEC. 117. Be it further enacted by the authority aforesaid, That said mayor and council of the City of Clarkesville shall make all sidewalks uniform, or as near as can be done, considering the land and situation. Uniform sidewalks. SEC. 118. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Clarkesville, in Habersham County, shall have power, and the same is hereby conferred on them, to issue bonds to an amount not exceeding fifty thousand dollars ($50,000.00); provided, the qualified voters of said city shall at an election or elections to be held for that purpose, by a constitutioional majority, vote in favor of issuing said bonds, and said mayor and council are hereby empowered and authorized to call an election at any time for the issuing of such bonds or any part thereof as they may deem to the best interest of said city, in accordance with the provision of the Code of Georgia of 1910, sections 440 to 462, inclusive. Bond issues.

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SEC. 119. Be it further enacted by the authority aforesaid, That said bonds shall be of such denominations as the said mayor and council shall decide upon and direct; they shall bear such rate of interest not to exceed six per cent. per annum as may be determined upon by said mayor and council. Bonds. SEC. 120. Be it further enacted by the authority aforesaid, That the said mayor and council are hereby authorized, with the proceeds arising from the sale of any bonds of said city as provided for by this Act they may construct a system of waterworks for said city, to construct, build and equip an electric or gas lighting system for said city; to provide for said city a suitable and proper system of sewerage, a crematory, a system of public schools, paving or macadamizing streets, erection of necessary public buildings, an adequate fire department; buy acreage and establish parks within said city; to improve or build any streets, lanes, alleys, walkways, parks or other public property of said City of Clarkesville. Said mayor and council, instead of erecting a system of waterworks or a system of electric or gas lights, may in their discretion use such portions of the aforesaid fund as may be necessary and rent or lease from other parties such water or lights as mayor and council may deem best; provided, the notice of election specifies the person contracted with and the terms of the contract. Said mayor and council in addition to supplying said city with such water and lights as are necessary for public purposes are also authorized and empowered to contract with private individuals and corporations to furnish water, electricity or gas and to charge for and collect for the same, whatever may be agreed upon, provided, that no contract shall be longer than the end of the terms of office for which the said mayor and council were elected, unless it is voted on and the general laws of the State governing the same are complied with, that the aforesaid bonds shall be redeemed and interest thereon paid as provided herein. Uses of proceeds of bond sales. SEC. 121. Be it further enacted by the authority aforesaid,

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That the mayor and council of Clarkesville shall have full power and authority to borrow money and to contract for the loan of money or temporary loan to meet casual deficiencies, which contract shall aid the City of Clarkesville for the payment of the same, subject to the restrictions of the Constitution of the State of Georgia in Code of Georgia of 1910. Temporary loans. SEC. 122. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to buy acreage and establish a park within said city, and to maintain the same and pay for the same out of the taxes and revenues of said city; provided, it shall be done in accordance with the general laws of said State and the provision of this Act. Park. SEC. 123. Be it further enacted by the authority aforesaid, That all orders for the payment of money due on contracts, accounts or other indebtedness against said city shall be audited by the mayor and council of said city at a regular meeting of the same, and the funds of said city shall be paid out by an order drawn on the treasurer in favor of the party to whom the debt is due, which shall be signed by the mayor and clerk of the council on the face thereof and endorsed on the back of said order by each member of the council present by writing his name across the same in his own handwriting, that all orders drawn shall be serially numbered and a stub of the same shall be kept in a bound book showing the serial number, the date, to whom drawn and the amount and which order shall be noted in the minutes of said mayor and council and a special book to be kept by the clerk for entering up each order drawn which shall specify full and complete data of each order. No money shall be drawn from the treasury of said city, except in the manner above specified. Payments after audit. SEC. 124. Be it further enacted by authority aforesaid, That the mayor and council of Clarkesville shall make or cause to be made a quarterly statement and account of the financial condition of said city, such statement shall be itemized, stating from whom money received, for what purpose

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received, date received, and all money paid out; said statement shall show when paid out, what amount paid, to whom paid, and for what purpose. Such statement shall also show what amounts are due said city and the liabilities of the city and the balance in the treasury, if any. Such quarterly statements shall be published in the newspaper published in said city, if any newspaper is published therein; if not, then published by posting said statement at three of the most public places of said city. Financial statements published. SEC. 125. Be it further enacted by authority aforesaid, That the mayor and council shall have power whenever they deem it necessary, and to the best interest of the city, to establish a bureau or bureaus for the commercial and business interest of the city, to be known as the Clarkesville Board of Trade, Clarkesville Chamber of Commerce, or any other such appropriate name having as its purpose to promote the commercial and business interest of said city, and the said mayor and council may prescribe the scope of work of each, the duties devolving upon its memberships, its officers and appropriate such sums for its maintenance and operation of each under the law, as they may deem proper. Bureau for business interests. SEC. 126. Be it further enacted by the authority aforesaid, That all matters pending before the mayor and council or the board of education shall upon a majority vote of the respective bodies be considered as passed unless it is provided otherwise in this Act, and any ordinance, resolution or other question pending before either of the aforesaid bodies failing to get the requisite number of votes shall stand affirmed, or as it were if no vote had been taken before such respective body. Ordinances and resolutions. SEC. 127. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Clarkesville shall in addition to the powers hereinbefore granted have the right, power and authority, as follows: Added powers. (a) To grant franchises, permits, easements and right of way in, on, and under the streets, alleys, lanes, sidewalks, parks or other property of the city, upon such terms,

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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 the regular meetings of the mayor and council. Franchises, easements, etc. (b) To define the fire limits in said city and to regulate the character of the buildings and the erection thereof within such limit; to regulate the construction of buildings as to foundation 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 officers as often as may be designated of buildings, 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 and building regulations. (c) To compel persons about to undertake any work which may be dangerous, or likely to involve liability upon the city, to execute a bond with good and sufficient security conditioned for the payment of any damage that may be sustained by any person from such work. Dangerous works. (d) 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 execution for city taxes. Nuisances. (e) To regulate butcher pens, tanyards, livery-stables,

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fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept or in which noxious odors may become dangerous or injurious to the health of the public, or any part of it, to license same only in such localities as may be least offensive to the public, and to revoke the license for the 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. Offensive places. (f) In order to guard against danger of damage by fire, said city shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the materials out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gathering and may require the erection of fire-escapes in all buildings, not private residences, three or more stories in height. Fire regulations. (g) To regulate or prevent the posting of advertising signs, bills, or other advertising matter or notices within the corporate limits of said city. Advertisements posting of (h) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city and to require the owner or keeper of any dog or dogs to muzzle the same in such manner as the mayor and council may prescribe, whether said dogs are upon the streets and other thoroughfares of said city or upon the private property of the owner of such dog. Impounding of animals. (i) To regulate and control all hotels and public houses within the city and to revoke the license of the same in case they should become disorderly. Hotels, etc. (j) To require owners of lots to drain same, to fill up excavations or depressions, cut and remove weeds and other vegetation, and, upon failure to do so after reasonable notice, to have same done at owner's expense and enforce collection by execution against property. Drainage of lots.

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(k) To require the owner 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. Obstructions of sidewalks. (l) 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. (m) 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. (n) To create, if they deem necessary, the office of food inspector of the City of Clarkesville, 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 Habersham, the products of which are offered for sale within the corporate limits of the City of Clarkesville, 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 person to sell or offer for sale the products thereof within the corporate limits of the City of Clarkesville, 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 meats, vegetables, fruits, milk and other 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 inspection. Regulations. (o) To provide a proper building code for the erection and repair of all structures built in said city, and in any case of violation of said code, passed in pursuance of this

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Act, the said mayor and council shall be empowered, after a five days' notice, to have such structure removed at the expense of its owner or builder, and an execution issued therefor from the city clerk. Building code. (p) 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 buildings. fixtures, etc. (q) To regulate the construction, maintenance, and repair of conduits, pipes, wires, poles, plants and all other equipment, used, or to be used for lighting, heating, telephone or telegraphic purposes, or for the generation, conveyance or application of electricity, gas or heat. Conduits, wires, poles, etc. (r) 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 street or sidewalk, to remove the same to any place designated by the mayor and council, through the street committee, 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 to assess the cost thereof against the person, firm or corporation, and execution shall issue for the cost thereof against such owner, firm or corporation, or agent, to be collected as other executions issued by the clerk. Removal of poles. (s) To regulate the construction, maintenance, and repair on all plumbing, water pipes, septic tank, sewer and all other means by which sewerage is conveyed in said town and to prescribe the material used in conveying the same or connected in any wise with said sewerage. Plumbing and sewerage. (t) To preserve peace and good order, prevent vice and immorality; quell riots and dispense disorderly assemblages; to prevent cruelty to children and to animals; to suppress gaming and gaming houses, and places of ill fame

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and assignation houses, or houses kept for immoral purposes; to prohibit gaming and destroy any instrument or device 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 and 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. Preservation of order and suppression of vice, etc. Extension for policing. (u) To protect places of divine worship in said city, to regulate the opening of stores, soda founts, drug stores and other places wherein things are bartered and sold and to prescribe whether the same shall be open on Sunday and if so the hours. Places of worship. (v) 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 and may be prescribed by ordinance. Police raids. Warrant. (w) To establish a fee bill for officers of said city, all such fees when collected to be paid into the city treasury. Fees of officers. (x) The mayor and council of the City of Clarkesville 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

Page 645

may now be owned or hereafter owned by said city, to erect, 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 the best interest of said city; to supply the city with lights, water for fire purposes as may be necessary, also for flushing sewers, sprinkling streets and for all other purposes as may be prescribed by ordinance. They shall regulate and provide for the private use of water and lights and ice and place of payment therefor, and in default of payment for water, light, or ice they may shut them off and keep the same shut off until the arrears are fully paid. If it becomes necessary to enforce payment the city clerk shall issue execution for the amount due for lights, water or ice which shall be levied and collected as other executions. The mayor and council may expend so much of the income of 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 from time to time shall appoint such other agents and servants as may be necessary to operate said plant 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 shall give bond in some solvent surety company approved by the mayor and council in such sum as the mayor and council shall prescribe for the faithful discharge of his duties for the prompt payment of all money that he may collect to the city treasurer, which bond shall be made payable to the City of Clarkesville. 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

Page 646

for water, lights, or ice for a longer period than one year, nor shall they by contract limit or restrain their own power, nor their successors, to make such contracts with other persons 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 system or 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, light, ice, sewerage, etc. Regulation. Income. Election and removal of superintendent, etc. Rules. Ordinances. SEC. 128. Be it further enacted by the authority aforesaid, That when any execution or fi. fa. provided for in any of the several sections of this Act shall issue illegally or shall be proceeding illegally such person, firm or corporation against whom said fi. fa. or execution is proceeding shall, if he desires to do so, file an illegality with the levying officer to such fi. fa. in writing and otherwise attack such fi. fa. or execution in the same manner as is provided for in the Code of the State of Georgia of 1910, sections 5305, 5306, 5307, 5308, 5309, 5310, and 5311, and the other general laws of said State, and that said illegality shall be returned by the levying officer for trial to the justice court or notary public court that is held in the City of Clarkesville or the City Court or Superior Court of Habersham County, the one having jurisdiction, as the case may be, and the procedure under the general laws of said State shall be in the same manner as if the execution or fi. fa. had been issued by any one of the above courts. Illegality of executions. SEC. 129. Be it further enacted by the authority aforesaid, That when any execution or fi. fa. provided for in any of the several sections of this Act shall be claimed by a person not a party to the execution such person, firm or corporation shall interpose a claim thereto with the levying officer under the rules, restrictions and regulations that govern claim cases in the courts of this State, unless otherwise provided for herein and such claim shall be returned for trial to the justice's court or notary public's court that is held in said City of Clarkesville or the City Court or the

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Superior Court of Habersham County, the one having jurisdiction, as the case may be, and the procedure under the general laws of said State shall be in the same manner as if the execution or fi. fa. had been issued by any one of the said courts. Claims to property. SEC. 130. Be it further enacted by the authority aforesaid, That 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 said city and its citizens. Welfare clause. SEC. 131. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority 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, properly indexed, to be known as the Code of the City of Clarkesville, and when the same is adopted by the mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificate of the clerk of said city certifying the same to be the code of the ordinances and laws of said city. Code of city laws. SEC. 132. Be it further enacted by the authority aforesaid, That the words city clerk, clerk of the council, and clerk of the mayor and council shall by this Act be synonymous and wherever used in the several sections of this Act shall be one and the same person. Clerk. SEC. 133. Be it further enacted by the authority aforesaid, That 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 the 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 whenever they deem it expedient and wise to do so. Acts and ordinances in effect.

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SEC. 134. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power, in their discretion, to hire out and dispose of the convicts convicted in the police 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 chain-gang in said city. Convicts. SEC. 135. Be it further enacted by the authority aforesaid, That the rules of practice in the police 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 police court shall have opportunities to employ counsel if they so desire. Police-court practice. SEC. 136. Be it further enacted by the authority aforesaid, That whenever, by the provisions of this Act, the mayor and council or other authority of said city shall have power beyond the limits of said city for sanitary quarantines or police purpose it shall not be deemed or intended herein that said municipality shall have any right of taxation nor shall it be responsible or charged with the maintenance or upkeep of any road or bridge beyond the limits specified herein. Police and sanitation out of city limits. SEC. 137. Be it enacted by the authority aforesaid, That all officers elected by popular vote and the subordinate officers, unless otherwise removed by the provisions of this Act, consisting of W. S. Erwin, mayor, and Edward Berry, H. E. Edwards, M. Franklin, Garnett McMillan and J. P. Stewart, councilmen, and T. B. Franklin, clerk of the council, and M. Franklin, city treasurer, and members of the board of education, consisting of W. R. Asbury, E. Beall, J. K. Burns, J. C. Edwards and O. M. Maudlin, shall hold their respective offices until the first day of January, 1918, or so soon thereafter as their successors can be elected and qualified and they shall by this Act be entitled to hold said offices until the aforeset time, unless otherwise removed by the provision of this Act. Officers holding.

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SEC. 138. Be it further enacted by the authority aforesaid, That an Act entitled To incorporate the City of Clarkesville, in the County of Habersham; to define the corporate lines thereof; to confer upon the mayor and council thereof certain powers, privileges and duties; to provide for public schools and other purposes, approved December 16, 1897, is hereby expressly repealed. Act of 1897 repealed. SEC. 139. Be it further enacted by the authority aforesaid, That all Acts heretofore approved by the General Assembly relating to the City of Clarkesville, except that specified in the preceding section and such part or parts of such other subsequent Acts as may not 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. Acts operative. SEC. 140. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. COLQUITT MAYOR'S SUCCESSION AND SALARY. No. 231. An Act to amend an Act entitled 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, etc., approved August 7, 1915, which said Act appears on pages 534 to 567, inclusive, of the Georgia Laws for the year 1915, so as to allow the mayor of said city to succeed himself, and so as to allow the city council of said corporation to fix the salary 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 from and after the passage of this Act, an

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Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, in the County of Miller, and all amendments thereto; to create a new charter and municipal government for said corporation, and for other purposes, approved August 7, 1915, same being known as Act No. 47, appearing on page 534, of the Georgia Laws for the year 1915, be and the same is hereby amended as follows: Act of 1915 amended. SEC. 2. Be it enacted by the authority aforesaid, That by striking from section 5 of said Act, the following words which appear in lines 7 and 8 of said section: and after January 1, 1916, no mayor shall be elected to succeed himself, so that when amended said section 5 shall read as follows: 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. One councilman shall serve for a period of four years from January 1, 1916, one councilman for three years from said date, and 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 1, 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

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term of four years, from January 1, 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 January 1, 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 1, 1916, or until his successor is elected and qualified, and the councilman receiving the next largest number of votes shall be elected for the term of one year, from January 1, 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 or otherwise, a special election shall be ordered by the 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. Read. Mayor and councilmen; election and succession. SEC. 3. Be it further enacted, That by striking out subdivision c of section 9 of said Act, and inserting in lieu thereof the following which shall be designated as subdivision c of said section 29, to wit: The mayor shall receive such salary as may be fixed by the city council, said salary to be paid monthly, and shall receive no other compensation by costs or otherwise. Mayor's salary. SEC. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 20, 1917.

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COVINGTON RECORDER'S ELECTION AND SALARY. No. 124. An Act to amend an Act creating a charter for the City of Covington, approved December 11, 1895, establishing a new charter for the said City of Covington. 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 paragraph seven of the charter of the City of Covington, approved December 11, 1895, be amended as follows, to wit: By adding after the word elect in the third line of said paragraph seven a recorder and to define his duties, so that said charter when so amended shall read as follows, to wit: Be it further enacted, That said mayor and council, at their first meeting or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect: a recorder, and to define his duties; a marshal, a deputy marshal; a clerk; a treasurer; a tax-receiver and a tax-collector. The clerk and treasurer may be elected from their own body or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver and tax-collector. The mayor and council shall also fix the compensation to be paid these officers and may take from them such bonds as they may deem proper, conditioned for the faithful discharge of their duties, shall give bond, and shall take and subscribe an oath faithfully to discharge the duties of the office to which he has been elected. Act of 1895 amended. Read. Recorder's election. All laws and parts of laws in conflict with this Act the same are hereby repealed. And further enacted, That the salary of said recorder shall not exceed one hundred and fifty dollars; and said salary shall be deducted from mayor's salary that is now in force. Salary. Approved August 17, 1917.

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CUTHBERT SCHOOL-TAX RATE. No. 5. An Act to amend an Act entitled An Act to create and incorporate the City of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the City of Cuthbert, and to provide for the maintenance and support of the same; to provide for the election of officers and to prescribe their duties, rights, and powers; to authorize condemnation of private property for public uses; to authorize the establishment of a city chain-gang, and for other purposes, approved August 15, 1910, and the Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 15, 1910, entitled An Act to create and incorporate the City of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the City of Cuthbert; and to provide for the maintenance and support of the same; to provide for the election of officers and to prescribe their duties, rights and powers; to authorize condemnation of private property for public uses; to authorize the establishment of a city chain-gang, and for other purposes, together with all amendments thereto, be and the same are hereby amended, as follows: Act of 1910 amended. SECTION 1. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 25 of said Act be amended by striking therefrom the two words one fourth in lines sixteen and seventeen, and inserting in lieu thereof the two words one half. Tax rate. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That said Act be further amended by inserting between the words empowered and after, in line eight of section 53 of said Act, the two words and required, and also by striking from said section 53 of said Act the two words one-fourth

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in lines ten and eleven and inserting in lieu thereof the two words one-half, and also by inserting between the words tax and not, in line ten of said section 53 of said Act, the words sufficient to defray the necessary expenses of said public schools for the ensuing year as shall be so estimated and submitted by said board of education, so that when thus amended said section 53, of said Act, will read as follows: Be it further enacted, That said board of education shall determine as soon as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the city council of Cuthbert at their regular meeting in July of each year, and the said city council of Cuthbert are hereby authorized and empowered and required, after the said Act shall have been ratified by the qualified voters of said city, to levy, assesses, and collect an ad valorem tax sufficient to defray the necessary expenses of said public schools for the ensuing year as shall be so estimated and submitted by said board of education, not to exceed one-half of one per cent. on all the property in said city subject to taxation, and when said tax is so levied, assessed and collected, the same shall remain in a separate fund in the treasury of the said city, subject to be drawn only by the board of education under such rules and regulations as said board of education may prescribe. Read. School-tax estimate and rate. SEC. 3. Provided, that foregoing amendments may be submitted to a referendum vote, for ratification or rejection by the voters of said city, upon the written petition of one-third of the registered qualified voters of said city to the city council of Cuthbert, Ga., and the said city council shall thereupon submit the same to be voted on at the next regular election to be held in and for said city on the first Wednesday in December, 1917, at which election the ballots shall have printed on them, in addition to the names of the candidates, the words: For the amendments, and Against the amendments; and if a majority of said voters shall vote in favor of said amendments, then the same shall be considered approved and ratified; but if a

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majority shall vote against said amendments, then the said amendments shall be considered rejected and repealed; provided, however, that the aforesaid written petition shall be signed by one third of the registered qualified voters of said city, and shall be filed with the clerk of the council, at least thirty days before the said next regular election to be held on the first Wednesday in December, 1917, as aforesaid, so that proper notice of said election may be given to the citizens of said city; and in the event that no such petition as aforesaid shall be filed thirty days beforehand, as aforesaid, then no such referendum vote shall be had, and the aforesaid amendments shall be considered to have been approved by the voters of said city, and shall automatically stand as ratified; the purpose and intent of this section being to give the voters of said city an opportunity to vote on these amendments if they desire; provided, however, nothing herein contained shall interfere or prevent the board of education of the City of Cuthbert, and the city authorities from making its assessments, levy and collections of taxes for the ensuing current school year, under the terms of the foregoing amendments; nor shall the rejection of the said amendments, if rejected, at said election, nullify or affect the assessment, levy and collection of taxes thereunder for the ensuing current school year, the said board of education and the city authorities being hereby authorized to act under and in accordance with the terms of the foregoing amendments, in any event, for and during the ensuing current school year; the time being now too short to submit these amendments to a referendum vote, before the said assessments, levy, etc., must be made for the ensuing current school year 1917-18. This Act referred to popular vote. SEC. 4. All laws and parts of laws in conflict with the foregoing are hereby repealed. Approved July 30, 1917.

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DEMOREST, CITY OF; NEW CHARTER. No. 184. An Act to repeal the charter of the City of Demorest in Habersham County, Georgia, approved October 6, 1891, and all Acts amendatory thereof; and to incorporate the City of Demorest, in Habersham County, Georgia, and define the limits thereof; to create a city council and a city board of education, and grant election powers and privileges for the same; to authorize the establishment of systems of schools, public lighting, water supply and drainage for said city, and the passage of all ordinances and by-laws for the government of said city, and to provide penalties for a violation of such ordinances and by-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 from and after the passage of this Act, the Act incorporating the City of Demorest, in Habersham County, Georgia, approved October 6, 1891, and all Acts amendatory thereof be and the same are hereby repealed. Act of 1891 and amendments repealed. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the City of Demorest, in the County of Habersham, be and the same is hereby incorporated under the name of the City of Demorest. That the principal government of the City of Demorest shall be vested in a city council, composed of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the City of Demorest, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy process and retain to them and their successors for the use of the City of Demorest any estate, real or personal, of whatever kind or nature, and shall by the same be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof as they may see fit. Corporate name. General powers.

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SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said City of Demorest shall commence at the southeast corner of land lot No. 72 in the tenth land district; running thence along the northeast line of said land lot to its junction with the northeast line of land lot No. 45; thence along the northeast line of said land lot No. 45 to the point where the southeast bank of Hazel Creek is intersected by said northeast line; running thence along said southeast creek bank to the point where the said creek bank is intersected by the north line of block No. 79 of the City of Demorest; running thence along said north line in a westerly direction to the point where said line joins the southeast line of Central Avenue; thence along said southeast line to the point where said line intersects with the southwest line of Massachusetts Boulevard; thence directly across said Central Avenue to the point of intersection of the northwest line of Central Avenue and the southwest line of Massachusetts Boulevard; thence along the northwest line of Central Avenue to the point where said northwest line crosses the northeast line of land lot No. 45; thence along said northeast line to the northeast corner of land lot No. 45; thence along the northwest line of land lot No. 45 to the northeast corner of land lot No. 46; thence along the northwest line of land lot No. 46 to the point in block No. 102 of the City of Demorest where the southeast bank of Hazel Creek is intersected by the said northwest line of land lot No. 46; thence along the said creek bank to the point in block No. 115 of the City of Demorest, where said creek bank is intersected by the northwest line of land lot No. 46; thence along said northwest line of land lot No. 46 to the northwest corner of land lot No. 46; thence along the southwest lines of land lots Nos. 46 and 71 to the southwest corner of land lot No. 71; thence along the southwest lines of land lots Nos. 71 and 72 to the point of beginning, including all lands within these boundaries, the same being in the tenth land district of Habersham County, Georgia, and shall hereafter comprise the territory incorporated as the City of Demorest. Territorial limits.

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SEC. 4. Be it further enacted by the authority aforesaid, That the mayor shall be ex-officio a justice of the peace with authority to issue warrants, to commit offenders, to fine for contempt and otherwise punish as provided by this Act, for offenses committed within the corporate limits of said city, and to bind over to the Superior Court of Habersham County or to commit to the common jail of said county offenders violating the laws of this State. Mayor SEC. 5. Be it further enacted by the authority aforesaid, That an election shall be held in the City of Demorest, at such places as the council shall designate, on the second Tuesday in December in each year, for a mayor, four councilmen, a city treasurer and a board of education to be composed of three members, who shall hold office for one year or until their successors are elected and qualified, and should there fail to be an election in said city at the time above specified, from any cause whatsoever, or should any vacancies occur by death, resignation or other cause, the city council of said city shall order an election held in said city by posting a notice in three public places. Said notice shall be posted at least fifteen days previous to said election. The polls of all elections for the city officers and board of education shall be opened at eight o'clock A. M. and closed at four o'clock P. M., and said elections shall be held under the superintendence of a justice of the peace and two freeholders or of three freeholders, as the city council may direct, said freeholders to take an oath for the due performance of their duty as such superintendents and to have all the powers incident to superintendence of elections of this State. Election of mayor and council, and of other officers. SEC. 6. Be it further enacted by the authority aforesaid, That all male persons who have arrived at the age of twenty-one years and are citizens of the United States and who have been bona fide residents of the State of Georgia for twelve months and bona fide residents of said city for six months, next preceding the election at which they offer to vote, shall be deemed to be qualified at such election and shall be entitled to vote at any and all elections held by the authority of said city; provided, said person or persons

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shall have registered as provided by the ordinances of said city. Qualified voters. SEC. 7. Be it further enacted by the authority aforesaid, That the superintendents of all elections, held under the provisions of this Act, shall duly declare the result of said election, and, in case of elections for city officers, shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within five days from said election, qualify by taking an oath to well and truly perform their duty to the best of their ability; said oath to be taken before the retiring mayor or a justice of the peace and to be entered on the minutes of the city council. The newly elected officers shall enter upon the discharge of their duties on the second day of January following their election. Declaration of result. Oath of office. SEC. 8. Be it further enacted by the authority aforesaid, That any male person who is a citizen of the United States shall be eligible to any office in the City of Demorest, provided such person is twenty-one years of age and has resided in the State of Georgia for twelve months and in the City of Demorest for six months next previous to election; provided no person under thirty years of age shall be eligible to the office of mayor. Eligibility to office. SEC. 9. Be it further enacted by the authority aforesaid, That the city council shall have authority to appoint such marshals, clerk of the council, street commissioners and health officers as may be deemed necessary, and shall prescribe the fees of such subordinate officers and require such bonds for a faithful performance of their respective duties as may be deemed proper. They shall have power to remove them from office. Officers appointive. SEC. 10. Be it further enacted by the authority aforesaid, That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the Constitution of the United States, the Constitution of this State or laws made in pursuance thereof, and said city council shall have full power and authority

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to enact all ordinances, by-laws, rules and regulations necessary for the government of said city and securing the protection and health of the citizens thereof; to establish systems of drainage, waterworks, street lighting and all other appliances for the health and prosperity of the citizens of said city, and shall have power and authority to issue bonds for the establishment of the same in the same manner as is now provided by the Constitution and laws of the State of Georgia. Corporate powers. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor shall hold a police court in said city for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations, punishment to be inflicted not to exceed a fine of fifty dollars or labor on the streets of said city not to exceed fifty days, or confinement in the calaboose or guard-house of said city not to exceed forty days, or any one or more of such penalties, and in addition thereto such costs of the proceedings as may be imposed. Said fine shall be collected by execution issued by the city clerk against the offender. Police-court SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized to assess, levy and collect such taxes upon the real and personal property, within the corporate limits of said city, as they shall deem necessary for the support and government of said city, not inconsistent with the laws of this State, also to levy such tax on business occupations, shows or other performances exercised or exhibiting within the corporate limits, as may be deemed proper; provided, that the sum levied shall not exceed fourteen (14) mills on the dollar for general purposes and six (6) mills additional for school purposes in any one year, exclusive of special taxes. Taxation. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council is hereby authorized to enforce by ordinance the collection of city taxes by authorizing the clerk of council to issue tax fi. fas. against the property and persons of all defaulting and delinquent taxpayers and to authorize them by ordinance to empower the marshal of

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said city to levy upon and sell any and all property, both real and personal, for its taxes or its owner's taxes and to authorize said marshal to sell said real estate or personal property before the door of the city hall of Demorest, after he has advertised the same for sale in the paper published in the City of Demorest, if there be one, if not, in the paper in which the sheriff's advertisements in said county are published, once a week for four consecutive weeks prior to said sale, and after having given the property owner or owners the same notice of levy as required of the sheriff when he makes a levy upon real estate, and to authorize the marshal, as aforesaid, to execute deeds to the purchaser of said real estate at his sale. Tax executions. SEC. 14. Be it enacted by the authority aforesaid, That all sales of real estate made by the marshal of the City of Demorest heretofore for taxes are declared and confirmed valid; and all deeds heretofore made by him under said tax sales are declared valid and of full force. Tax sales. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to require the property owners to build and construct sidewalks along by and in front of their property and provide for the style of same and the class of work, and in the event of the failure of the property owner to construct said sidewalks when notified to do so, then the mayor and council are authorized to build the same and to have the clerk issue a fi. fa. against the person and the property for the cost of same and the marshal shall have the right to levy upon and sell the property under the same, as under a tax fi. fa. Sidewalks. SEC. 16. Be it further enacted by the authority aforesaid, That the city council shall have power to open and lay out such streets and alleys as the public interest of said city may require; to widen, straighten, vacate or otherwise change the streets, lanes, alleys, and sidewalks of said city and keep the same in good repair and to remove all obstructions and nuisances from the same; to regulate all public houses, butcher pens, tanyards, livery-stables, blacksmith shops, forges and the like and to remove the same or

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any of them or any building or buildings in case they should become dangerous or injurious to the health or prosperity of the citizens of said city; to protect places of public worship, and schools and school grounds; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fill open wells or other excavations on unenclosed premises; to have control and jurisdiction of all soil-pits, private drains and sewers, water-closets, privy vaults and dry wells in said city with full power to pass such rules and regulations concerning them as they may deem best for the preservation of the health of the inhabitants of said city. Streets. Sunday regulations. SEC. 17. Be it further enacted by the authority aforesaid, That the city council shall have power to establish, within the corporate limits of said city, a system of free common schools and shall have power to levy a tax not exceeding six (6) mills on the dollar upon the taxable property of said city for the support of said school system. When the mayor and council of the City of Demorest recommend the assessing, levying and collecting of a local tax in said City of Demorest for the purpose of establishing and maintaining a system of public schools, an election shall be held in the City of Demorest on the day to be appointed by the mayor and council of said city on the question of local taxation for the purpose of maintaining a system of public schools for said city and all male persons who are qualified to vote for the mayor and council of said city shall be entitled to vote in said election. All voters who favor the adoption of the provisions of this section of this Act shall have written or printed on their ballots the words, For local tax, and those who oppose shall have printed or written on their ballots the words, Against local tax, and in case two-thirds of the qualified voters of said city shall in said election vote for local tax, then the mayor and council of the City of Demorest are authorized to establish such system of public schools, levy and collect the necessary tax to carry out the provisions of this section. Notice of such

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election shall be given by the mayor of the city in the newspaper published in said city, or in some newspaper of general circulation in said city, once a week for two weeks, and to post said notice at one or more of the most public places in said city for fifteen days next preceding said election. The managers of said election shall count the votes, make note of same on the election returns, and return all papers relating to the election, including the ballots, to the mayor and council of said city, who shall examine the election returns and declare the result of said election at their next regular meeting after said election, and enter the result of said election on the minutes of the mayor and council of said City of Demorest. Public-school system. Taxation for schools, election as to. SEC. 18. Be it further enacted by the authority aforesaid, That when the mayor is presiding at police court or at any meeting of the city council, he shall have power to punish for contempt, by fine not to exceed five dollars or imprisonment not exceeding forty-eight hours for each offense. He is authorized and required to enforce all the laws, rules and regulations of said city, to administer oaths to all subordinate officers of said city after having taken the oath of office himself before a justice of the peace of said county or other officer authorized by law to administer oaths. Police court. powers. SEC. 19. Be it further enacted by the authority aforesaid, That no person shall be entitled to vote in any election in said city until all taxes levied against him by said city except for the year in which said election is held have been paid. Qualified voters. SEC. 20. Be it further enacted by the authority aforesaid, That the regular meetings of the city council shall be open to the public. Meetings of council. SEC. 21. Be it further enacted by the authority aforesaid, That any officers of the city, either elective or appointed, shall be removed from office on proof and conviction before the city council of having drank, sold or given away any intoxicating liquor as a beverage. Removal from office. SEC. 22. Be it further enacted by the authority aforesaid,

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That no person shall be permitted to cast a vote at any election held under the provisions of this Act, unless he shall previously be registered as a voter in the manner to be prescribed by the said city council. Voters to be registered. SEC. 23. Be it further enacted by the authority aforesaid, That the city council shall, by ordinance, provide for a system of voting similar to what is known as the Australian ballot system. Secret ballots. SEC. 24. Be it further enacted by the authority aforesaid, That W. S. Roberts, F. E. Moore and J. P. Brown be and they are hereby constituted the board of education of said city for the remainder of the year of 1917, or until their successors are elected and qualified, and that J. S. Adams, as mayor, and G. H. Cason, Pink Carpenter, E. H. Lamb and J. C. Rogers, as councilmen, W. F. Chrisler, as treasurer, be and they are hereby constituted the mayor and council, treasurer and board of education, respectively, of said city for the remainder of the year 1917, or until their successors are elected and qualified. Board of education. SEC. 25. Be it further enacted by the authority aforesaid, That the municipality hereby created be and it is hereby clothed and charged with the duty to assume and carry out all obligations and unexecuted contracts heretofore made by the municipality herein abolished. Contracts unexecuted. SEC. 26. Be it further enacted by the authority aforesaid, That ordinances, by-laws, rules and regulations which were of force immediately before the passage of this Act, in said city, be and they are hereby enacted for the government of the municipality hereby created, except in so far as they shall conflict with this charter or with the Constitution of this State. This Act hereby establishes a new charter for the City of Demorest and is to supersede and take the place of the Act to incorporate the City of Demorest, approved October 6, 1891, and all amendments thereto. Ordinances and rules effective. SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1917.

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DOUGLAS WARDS, AND ELECTIONS. No. 113. An Act to amend the charter of the City of Douglas, in the County of Coffee, and the amendatory Acts thereof; to provide for the division of said City of Douglas into four political wards, and to provide for the election of one councilman from each of said four wards, and for the election of one councilman at large for said City of Douglas; to provide for salary for councilmen of said City of Douglas; to provide for closing of voters' list of said City of Douglas; and to provide for time when candidates for mayor and councilmen for said City of Douglas shall qualify for said election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act creating a new charter for the City of Douglas, in the County of Coffee, approved December 20, 1899, and the Acts amendatory thereof be and the same are hereby amended as follows: by providing that the said City of Douglas be and the said City of Douglas is hereby divided into four political wards, and said political wards are defined as ward number one, ward number two, ward number three and ward number four. Said wards described as follows: Ward number one shall embrace all that part of said City of Douglas lying west of center of Madison Avenue and north of the center of Ward Street; ward number two shall embrace all that part of the said City of Douglas lying east of the center of Madison Avenue and north of the center of Ward Street; ward number three shall embrace all that part of the said City of Douglas lying west of center of Peterson Avenue and south of center of Ward Street; ward number four shall embrace all that part of said City of Douglas lying south of the center of Ward Street and east of the center of Peterson Avenue. Act of 1899 amended. Wards defined. SEC. 2. Be it further enacted by authority of the same,

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That one councilman shall be elected for the said City of Douglas from each of the four said wards described in section one and that one councilman at large shall be elected for said City of Douglas. Councilmen. SEC. 3. Be it further enacted by authority of the same, That each councilman shall be paid the sum of one hundred dollars per year for his services, to be paid from the general funds of said City of Douglas, monthly. Salary. SEC. 4. Be it further enacted by the authority of same, That candidates offering for mayor and councilmen of said City of Douglas shall qualify as candidates for mayor and councilmen of said City of Douglas fifteen days before the election of said officers is to be held, and that they pay such assessment, if any shall be made, as may be required by said City of Douglas to qualify for said offices, and that their names and payment of such assessment, if any, be filed with the clerk of said City of Douglas fifteen days before said election. Qualification of candidates. SEC. 5. Be it further enacted by the authority of the same, That no name shall be placed on the ticket for said mayor and councilmen who are not regularly qualified voters of said City of Douglas and who have not complied with section four of this Act. SEC. 6. Be it further enacted by the authority of the same, That the registration books of the said City of Douglas shall be closed by the clerk of the said City of Douglas at six o'clock P. M. twenty days before the date of the election of said officers. Registration of voters. SEC. 7. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1917. EAST POINT SCHOOL-TAX ELECTION. No. 140. An Act to authorize and empower the City Council of East Point, in the County of Fulton, to hold an election for the purpose of submitting to the qualified voters of said

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City of East Point the question of local taxation for the support and maintenance of the public schools of said City of East Point; to prescribe the qualification of voters for said election; to prescribe the manner in which said election shall be held and the results determined and declared, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the city council of East Point, in the County of Fulton, be and they are hereby authorized and empowered to hold an election, after the approval of this Act, for the purpose of submitting to the qualified voters of said City of East Point the question of local taxation for the support and maintenance of the public schools of said City of East Point, as provided for by an Act of the General Assembly approved August 19, 1912, creating a new charter for the said City of East Point. School-tax election. SEC. 2. Be it further enacted by the authority aforesaid, That said election shall be held and governed by the same rules and regulations as govern the election for the mayor and council of said City of East Point, and the qualification of the voters shall be the same, and the returns of said election shall be made, and the results determined and declared in the same manner as prescribed for elections of the mayor and council of said City of East Point. Rules governing. SEC. 3. Be it further enacted by the authority aforesaid, That notice of said election shall be published in a newspaper published in the City of East Point at least once a week for two weeks before the election is held, or, if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the corporate limits of said city at least ten days prior to the election. Notice. SEC. 4. Be it further enacted by the authority aforesaid, That those favoring local taxation for public schools shall have written or printed on their ballots, For local taxation for public schools, and those opposed shall have

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written or printed on their ballots, Against local taxation for public schools. Ballots. SEC. 5. Be it further enacted by the authority aforesaid, That two-thirds of those voting shall be necessary to carry the election for local taxation. Two-thirds vote required. SEC. 6. Be it further enacted by the authority aforesaid, That in the event any election held in pursuance to this Act should fail to result favorably to local taxation for the support of the public schools, the city council of East Point, in their discretion, may at any time submit the matter to another election under the same rules and regulations as are herein prescribed, after the lapse of one year from any election when the same shall have been previously defeated. Resubmission. SEC. 7. Be it further enacted by the authority aforesaid, That all laws or parts of laws thereof in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. EAST POINT ASSESSMENT PAYMENTS, AND SCHOOL-TAX RATE. No. 223. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, whereby paragraph two of section forty-two of said Act will be amended so as to allow the abutting property owners of any street, sidewalk or curbing improved to pay for such improvements on terms of one-fourth cash and the balance in three equal installments of one, two and three years, instead of one-fourth cash and the balance in installments of one and two years; whereby section fifty-nine of said Act will be amended so as to increase the ad valorem tax rate for the support and maintenance of the public schools of said City of East Point from thirty-five one hundredths of one per cent to one half of one per cent. of the value of all the taxable property within

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the corporate limits of said City of East Point, 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 forty-two of the Act of the General Assembly, approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, be amended as follows: By striking all that portion of the second paragraph of said section, on page 891, of the Acts of 1912, beginning with the words one-fourth, in line four of said paragraph and ending with the word two in line five of said paragraph, and the following inserted in lieu thereof: one-fourth cash and the balance in three equal installments of one, two and three years, so that said paragraph of said section, when amended, shall read as follows: Whenever any street, sidewalk or curbing improvements shall be authorized or laid by the City of East Point, the abutting property owner shall be allowed to pay for the same as follows: one-fourth cash and the balance in three equal installments of one, two and three years from the date of said improvements, with interest thereon at seven per cent. (7%) per annum. The city shall have a lien on the abutting property to secure said payment, and the City of East Point shall have the right to sell and transfer all such liens and claims to third parties, who shall be protected by the same lien and rights that the city has and holds against abutting property. Nothing in this section shall be construed to deprive the property owner the right of paying for the same in cash at the completion of the work, if he desires to do so. Act of 1892 amended. Read. Installment payments. SEC. 2. Be it further enacted by the authority aforesaid, That section fifty-nine of said Act be and the same is hereby amended as follows: By striking all that portion of said section beginning with the word provided in line ten, on page 899 of the Acts of 1912, and ending with the word cent. in line twelve of said section, and the following inserted in lieu thereof: Provided, that said mayor and council shall have no authority to levy and collect an

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valorem tax of more than one-half of one per cent. of the value of all the taxable property within said city for school purposes, so that said section, when amended, shall read as follows: That said board of education shall, as soon as practicable after their election, submit to the mayor and council an estimate of the amount of money needed by them to operate the public schools for the current scholastic year. An annual estimate shall be submitted to the city council by said board of education on or before the first day of March of each year, and such assessments shall be levied and collected in the manner and at the time other taxes are levied and collected for city purposes; provided, that said mayor and council shall have no authority to levy and collect an ad valorem tax more than one-half of one per cent. of the value of all the taxable property within said city for school purposes. Said mayor and council shall pay over to the treasurer of said board of education such tax when levied and collected for the support of said schools. Said mayor and council shall have the authority to appropriate any special taxes collected by said city from any source whatever to the maintenance of said schools. The board of education shall not have the authority to contract any debt during any year in excess of the appropriation for the public schools for that particular year. School-tax rate. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts thereof in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. ELBERTON SCHOOL-TAX RATE. No. 12. An Act to amend an Act providing a system of public schools for the City of Elberton, approved November 22, 1900, by striking from line 5 of paragraph 10 of said Act the words three-tenths, and inserting in lieu thereof the words one-half, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by authority of the same, That section 10 of the Act approved November 22, 1900, Acts 1900, page 293, be and the same is hereby amended by striking from line 5 of said section the words three-tenths and inserting in lieu thereof the words one half, so that when so amended said section shall read as follows: Section 10. Be it further enacted by the authority aforesaid, That the city council of the City of Elberton be and the same is hereby authorized and empowered to levy and collect, as other taxes are levied and collected, a special tax upon the taxable property of said city of not exceeding one-half of one per centum in addition to all other taxes now authorized, to be known as the school tax, which shall be covered into the city treasury of said city, and appropriated by the city council for school purposes only, as the need of the public schools may require. Act of 1900 amended. Read. School-tax rate. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. FORSYTH WARDS, AND ALDERMEN. No. 27. An Act to divide the City of Forsyth into six wards; to define the boundaries of each ward; to provide that in the next election for mayor and aldermen of the City of Forsyth that the aldermen to be selected shall be selected from the wards which shall have no representation upon the council for the year 1918; and to provide further that in all municipal elections after the year 1917 the aldermen to be elected shall come from wards that will not be represented by those councilmen who hold over the second year, so that after the year 1918 the municipal government shall consist of a mayor from the city at large and one councilman from each of the six wards of said city, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the City of Forsyth shall be divided into six wards, as hereinafter defined and bounded, and that in the next election for mayor and aldermen of said City of Forsyth, the aldermen to be elected shall be selected from those wards which will have no representation for the year 1918 among the aldermen who hold over for said year, and in all municipal elections after the year 1917, the aldermen to be elected from wards that will not be represented by councilmen who hold over for the second year, so that after the year 1918 the governing body of said city shall consist of a mayor from the city at large and one alderman from each of said wards. Six wards. Aldermen. SEC. 2. The City of Forsyth shall consist of six wards, to be numbered 1, 2, 3, 4, 5, and 6, defined and bounded as follows: No. 1 shall begin at the southeast corner of the square in said city at the middle of the intersection of Main and Lee streets, and run south along Lee street and the Russellville Road to the city limits; thence east with the city limits to middle of Macon Road; thence along the middle of said road and Main street to starting point. No. 2 shall begin at the same point No. 1 does and run east along Main street and the Macon Road to city limits; thence with city limits to western boundary of the Central of Georgia Railway Company's right of way; thence along said right of way to North Lee street; thence along said street to starting point. No. 3 shall begin at the right of way on south side of the Central of Georgia Railway Company where the same crosses North Lee street, and run north along said street and the Cabaniss Road to city limits; thence south along said city limits until it reaches the western boundary of said Central of Georgia Railway Company; thence along said right of way to starting point. No. 4 shall begin at the beginning point of No. 3 and run north along Lee street and the Cabaniss Road to city limits; then in a westerly and southern direction with said city limits, until it intersects an old road or alley that

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runs between the residences of T. R. Talmadge and J. J. Cater; thence to the center of Railroad avenue; thence north to southern boundary of Central of Georgia Railway Company's right of way; thence east along said right of way to starting point. No. 5 shall begin at the same point where Nos. 3 and 4 begin and run south to the beginning point of No. 1; thence west along Main street to the center of Church street; thence north to center of Johnson street; thence west along center of Johnson street and National Highway to city limits. No. 6 shall include all territory lying between Nos. 1 and 5. Ward boundaries. SEC. 3. The mayor of said city shall be elected from the city at large by a majority of the qualified voters thereof, without regard to said wards. The aldermen shall be elected one from each ward, but nothing herein shall be construed to affect the tenure of office of those three aldermen whose term of office do not expire until January, 1919, but in the election of 1917, and each succeeding year the aldermen to be elected shall be chosen from the ward or wards having no representation upon the council by the qualified voters of said city, but no persons shall be declared elected from any ward that has a representative on the council, nor shall there ever be elected more than one alderman from any ward in said city at any one time. Provided, however, that within thirty days from the approval of this Act, it shall be the duty of the mayor and aldermen of said city to call a special election to determine whether this Act shall become operative or not, said election to be held under such rules and regulations as the mayor and aldermen may prescribe, returns of said election to be made by the managers thereof to the mayor and aldermen of said city, who shall canvass the same, and declare the result. Those favoring the adoption of this Act shall have on their tickets, For division into wards, and those opposing shall have on their tickets, Against division into wards. Should a majority of those voting favor the division, or the mayor and aldermen fail to order said election within thirty days from the approval hereof, then this Act shall become immediately operative. Mayor and aldermen; election.

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SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be and same are hereby repealed. Approved August 4, 1917. FORT GAINES COUNCILMEN'S TERMS. No. 57. An Act amending an Act entitled An Act to amend an Act creating a new charter for the City of Ft. Gaines, approved August 12th, 1914, providing for a method of filling offices in case of a tie; changing the number of councilmen of said city; providing for terms and election thereof, and for other purposes, correcting errors, 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 section three (3) of the Act approved August 14th, 1915, entitled An Act to amend an Act creating a new charter for the City of Fort Gaines, approved August 12th, 1914, providing for the method of filling offices in case of a tie; changing the number of councilmen of said city; providing for terms and elections thereof, and for other purposes, be and the same is hereby amended as follows, to wit: By substituting in said section three in the last line in said section the word six instead of the word two, so that the last two lines of the said Act shall read as follows: their respective successors shall be elected for a term of six years. Act of 1915 amended. Term of office. SEC. 2. Be it further enacted by the authority aforesaid, That said section shall be further amended by adding thereto the following words, to wit: Provided, further, that the councilmen elected on the second Tuesday in December, 1916, shall determine by lot which of the terms each shall have. 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 8, 1917.

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GIBSON SCHOOL-TAX RATE. No. 192. An Act to amend an Act creating a new charter for the Town of Gibson, in the County of Glascock; to incorporate said town and define its territorial limits, approved August 20th, 1913, Acts of 1913, page 821, so as to change the rate of tax that may be levied and collected by said town for educational purposes from thirty-five one-hundredths of one per cent. to fifty one-hundredths of one per cent., and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 57 of an Act passed in 1913, Acts of 1913, page 821, be amended by striking from the eleventh line of said section the words thirty-five and inserting in lieu thereof the word fifty, so that said section when amended will read as follows: Be it further enacted, That said board of education shall, as soon as practicable after their election, submit to the mayor and council an estimate of the amount of money needed by them to operate the public schools, for the current scholastic year, and an annual estimate shall be submitted to the town council by said board of education on or before the first day of March each year, and such assessments shall be levied and collected in the manner and at the time other taxes are levied and collected for town purposes; provided, that no tax collected for the support of public schools shall exceed fifty one-hundredths of one per cent. Said mayor and council shall pay over to the treasurer of said board of education such tax when levied and collected for the support of said schools. Said mayor and council shall have the authority to appropriate any special taxes collected in said town from any source whatever for the maintenance of said schools. The board of education shall not have the authority to contract any debt during any year in excess of the appropriation for the public schools for that particular year. Act of 1913 amended. Read. Estimate and tax rate.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. GRAYSON ALDERMEN, AND ELECTIONS. No. 23. An Act to amend the charter of the Town of Grayson, Georgia, approved December 16, 1901, under the town name of Berkely, Georgia, and the amendment thereto approved on December 17, 1902, which changed the name to Grayson, Georgia, by changing the number of aldermen from three to four; to change the term of office of the aldermen from one to two years, and to change the date of the annual municipal election from the second Monday in January to the second Monday in December of each year. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly, approved December 16, 1901, creating the charter of said Town of Grayson (under the name of Berkely, Georgia), and the amendment thereto, approved December 17, 1902, be and the same is hereby amended by striking out the word three and inserting in lieu thereof the word four, wherever it appears in said charter or the amendment thereto, so as to change the number of aldermen from three to four. Acts of 1901 and 1902 amended. Four Aldermen. SEC. 2. Be it further enacted by the authority aforesaid, That section 5 of said charter be and the same is amended by striking out the word January, and inserting in lieu thereof the word December, wherever it appears in said section and charter, so as to change the date of the annual municipal elections from the second Monday in January to the second Monday in December of each year. Under this Act the next annual election shall be held on the second Monday in December, 1917. Date of election. SEC. 3. Be it further enacted by the authority aforesaid,

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That section 5 of said charter is further amended so as to change the term of office of the aldermen from one to two years each, beginning with the next annual election to be held on the second Monday in December, 1917, as hereinbefore provided. When said election is held the two candidates receiving the highest vote shall be elected for two years, and the two candidates receiving the next highest vote shall be elected for one year, but on the next regular election and thereafter their successors shall be elected for a term of two years. Term of office. 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 4, 1917. GRIFFIN COMMISSION GOVERNMENT. No. 214. An Act to amend the charter of the City of Griffin, Georgia, abolishing the Mayor and Council of the City of Griffin and providing for the establishment for the City of Griffin of a commission form of government in connection with a city manager; to provide for a number of said commissioners; to prescribe their powers and duties; to provide for the election of a city manager, and to prescribe his powers and duties; to provide for the mode and manner of election of said commissioners; to provide for the salary of said commissioners and city manager, and to abolish certain boards and commissioners now provided for under the present charter, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 15th, 1910, and Act approved August 6th, 1913, and the several Acts incorporating the City of Griffin, in Spalding County, Georgia, and the municipal government of said city, and the

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Acts amending the same, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council or board of aldermen, as provided in said Act approved August 15th, 1910, and any Acts amendatory thereto, or previously passed, that were not repealed by said Act, are hereby expressly repealed, and the offices of mayor and aldermen are hereby abolished. Acts of 1910 and 1913 amended. SEC. 2. Be it further enacted, That the charter of said city providing for a board of commissioners of light and water and sewers, approved July 23, 1903, or any Act amendatory thereto, is hereby repealed, and the said board is abolished. Board abolished. SEC. 3. Be it further enacted by the authority aforesaid, That in lieu of a mayor and aldermen for the City of Griffin, Georgia, there is hereby created and established a commission of three citizens, who shall be known as the board of commissioners for the City of Griffin. Said commissioners are hereby given all rights, powers, and authority heretofore vested in the mayor and council of the City of Griffin, Georgia, under the charter granted the said city by the Acts approved August 15th, 1910, August 6th, 1913, or any previous Acts passed by the Legislature of this State, not repealed by the Acts of 1910 and 1913. Board of commissioners created. SEC. 4. The said commissioners shall be elected by the qualified voters of said city and shall be citizens of said city, who, under the Act of August 15th, 1910, are eligible to be mayor of said city. Election and eligibility. SEC. 5. The said commissioners are hereby vested with all the powers, rights, and authority granted the board of commissioners of light and water and sewers, as provided in the Act of July 23rd, 1903. Powers. SEC. 6. The said commissioners shall be elected for a term of two years, or until their successors are elected and qualified, unless removed in accordance with the provisions of this Act. Should there be more than three candidates for this board, the three receiving the highest number

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of votes shall be declared elected. In case there was a tie vote between the candidates, so that it could not be determined what three candidates received the highest votes, a new election shall be ordered by the ordinary of the county, in not less than ten days or more than fifteen days from the election, which election shall be only between the candidates receiving the same number of votes, and this election shall be under the same rules and regulations governing the first election and elections shall be called as often as may be necessary by the ordinary until the candidate or candidates may be elected. Term of office. New election on tie vote. SEC. 7. The commissioner receiving the highest number of votes at the regular election shall be designated as chairman of the commission; and in case it should appear that no commissioner received the highest number of votes, then the members of the commission shall designate one of their members as chairman. Each of said commissioners shall receive a salary of $12.50 per month, except the chairman, who shall receive $25.00 per month. Chairman. Salaries. SEC. 8. In said commission shall be vested all the powers heretofore vested in the mayor, or the mayor and council of the City of Griffin, Georgia. It shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and shall have all the rights and powers heretofore given the mayor, or the mayor and council, or to any board or commission hereby abolished. Powers. SEC. 9. Said board shall be subject to recall, and their acts to the initiative and referendum as hereinafter provided in this Act. Recall, etc. SEC. 10. The chairman of said board shall have the administration and executive powers heretofore vested in the mayor of said city. Administrative powers. SEC. 11. Be it further enacted, That whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have the authority to approve or disapprove, or to amend the same. In no case shall an ordinance be put upon its passage

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unless it has been read at two separate meetings of the board. It shall take at least two members of the commission to act. Two commissioners shall be a quorum. In case any legislation is defeated or passed over the protest of the chairman, he shall have authority to suspend the operation of the same for ten days, during which time it shall be published in the official newspaper and a referendum or initiative election may be called as hereinafter provided for. Legislation. Quorum. SEC. 12. Be it further enacted by the authority aforesaid, That the commissioners shall select and appoint a city manager within thirty days after their election and qualification, who shall be the administrative head of the municipal government, and who shall be responsible for the efficient administration of all departments. He shall be appointed without regard to his residence, political beliefs or affiliations. During the absence or disability of the city manager, the commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be: City manager. Appointment. ( a ) To see that all laws and ordinances are enforced. Powers. ( b ) To appoint and remove all subordinate officers and employees in all departments; all appointments to be upon merit and fitness alone. ( c ) To exercise control over all departments and divisions created therein, or which may be hereafter created by the commissioners. ( d ) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote. ( e ) To recommend to the commissioners for adoption such measures as he may deem necessary and expedient. ( f ) To prepare and submit to the commissioners an annual budget. ( g ) To keep the commissioners fully advised as to the financial condition and needs of the city.

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( h ) To supervise and direct the official conduct of all appointive city officers, except as herein otherwise provided. ( i ) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of material and supplies for the city, and see that the same are received as contracted for; and ( j ) To perform such other duties as may be prescribed herein or may be required of him by ordinance or resolution of the commissioners. SEC. 13. Be it further enacted by the authority aforesaid, That the city manager may be removed from his office or employment at any time by a majority vote of said commissioners, and said commissioners shall fix his compensation or salary. Provided, that the present city clerk and treasurer, city attorney, and other officers of the city (except the mayor and aldermen), whose terms of office are now fixed by charter or ordinance, and which officers or employees shall be continued by said commissioners, and shall hold their respective offices and receive compensation as at present provided therefor until the expiration of the terms for which they were elected or appointed, unless sooner removed for cause by law, in the manner at present existing. Upon the election and qualification of said commissioners the term of the mayor and all of the aldermen shall terminate. Removal from office. Present officers continued. SEC. 14. Be it further enacted by the authority aforesaid, That the commissioners shall each year cause to be printed a detailed, itemized statement of receipts and disbursements of the city and a summary of its proceedings during the preceding year. Statement and summary. SEC. 15. Be it further enacted by the authority aforesaid, That the commissioners may require the said city manager to come before them at any time, and answer questions either orally or in writing, and may require from said city manager, at any time they see fit, written reports upon any matter involving the city that they deem proper;

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and the city manager shall report weekly to said commission his general actions and doings, and shall regularly, at stated intervals, at least quartely, file full and complete reports of the various departments of the city. Reports by manager. SEC. 16. Be it further enacted by the authority aforesaid, That the said city manager shall devote his entire time to the office, and the members of the commission shall devote as much of their time as may be necessary. The said commission shall meet at least twice each month at stated periods, and shall hold their meetings in public; shall keep minutes of their proceedings, and shall record all their actions thereon. All votes shall be taken by aye and no, and shall appear on the minutes. They shall be required to meet at such times and as often in extra meetings as any two of them or the chairman may designate or call. The chairman shall appoint one of the commissioners chairman pro tem., who may exercise the routine duties of the chairman in case of his absence or inability to act for any reason. In case of a vacancy in the office of any commissioner, or if he cannot act, the chairman shall immediately call a special election, which shall be had as special elections are had under the present charter and ordinances of the city. The secretary of said commission shall be the officer whose duties correspond now to the clerk of the city, and the said officer may also be secretary of the city manager. Time devoted. Meetings. Chairman pro tem. Vacancy in office. Secretary. SEC. 17. Be it further enacted by the authority aforesaid, That the secretary of the said commissioners shall prepare a book similar to the registration book now used for the purpose of receiving the signatures of the voters of said city to call a recall election. He shall in like manner keep books for the purpose of calling referendum and initiative elections. Said books shall be opened at any time upon petition in writing signed by one hundred citizens of the said city entitled to vote, which shall plainly and distinctly set forth the purpose and reason for such election and the character of the election to be called, together with the legislation proposed or opposed, in due form, or the

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name of the officer to be recalled. In case a petition for recall election shall be filed and the books opened, the said election shall be called by the chairman whenever twenty-five per cent. of the registered voters of said city shall in person go to the office where said book is kept, and within thirty days from the opening of such books personally sign the same, calling such election, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Books for voters' signatures for elections on recall, etc. SEC. 18. Be it further enacted by the authority aforesaid, That whenever a recall, or initiative, or referendum election is called, the same shall be ordered by the chairman to be held not less than twenty and within thirty days after a sufficient number of the registered voters have signed the book to call the same. Any party or political organization shall have the right in the meantime to hold a primary under the State law governing primaries for the selection of candidates for office, or for the expressions of the wishes and beliefs of such political parties or organizations on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running at such election and any other citizen eligible to hold the office may likewise become a candidate, and all rules now governing ordinary and special elections shall govern recall, initiative, and referendum elections; and all offenses against the purity of elections, ballots, and primaries shall apply to recall, initiative, and referendum elections or primaries. Elections for recall, initiative, or referendum. SEC. 19. Be it further enacted by the authority aforesaid, That no commissioner shall, before going into office, solicit votes for himself or others, or promise any person to appoint him to office, or promise to vote for such person or any other person to any office or agency or employment under the city. For a violation of this provision the said commissioner shall be liable to be punished under conviction as for a misdemeanor, the punishment to be defined by the Criminal Code of Georgia, section 1065. Penalty for soliciting votes, etc.

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SEC. 20. Be it further enacted by the authority aforesaid, That any person who shall by offering money or other things of value, or by use of intoxicating liquors, or by promise of employment or office, or by any method now or hereafter declared criminal when such method is used to influence votes in elections of this State, undertake to influence or procure any person to sign the book calling for recall, initiative, or referendum election, shall be guilty of misdemeanor and shall be punished, upon conviction thereof, as provided in the Criminal Code of Georgia for the punishment of misdemeanors under section 1065. Any person signing said book who is not entitled to sign the same, and any person who signs the name of or impersonates any other person shall be likewise punished upon conviction. Penalty for other forbidden acts. SEC. 21. Be it further enacted by the authority aforesaid, That the corporate name and organization of the City of Griffin is hereby in all respects preserved as in the original Act of 1910, and the Acts amendatory thereof; and all Acts not inconsistent with this Act are hereby declared of force. Corporate name. SEC. 22. The first election under this Act shall be held on the first Wednesday in December, 1918, and every two years thereafter, on the same date, under the rules and regulations now provided for holding election for mayor and aldermen, and the managers of the election shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed into the office. Elections, when held. SEC. 23. The board of commissioners so elected shall go before some officer of Spalding County, authorized to administer oaths, and take the oath now prescribed by section 46 of the city ordinances of the City of Griffin, Georgia, and will then be fully qualified to discharge the duties prescribed by this Act until their successors are elected and qualified. Oath of office. SEC. 24. The mayor and council shall hold their offices as now fixed until said board of commissioners are elected and qualified, and at the next city election to be held on the

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first Wednesday in December, 1917, the aldermen or councilmen then elected shall be only for a term to expire on the first Wednesday in December, 1918, or until the board of commissioners under this Act are elected and qualified. Mayor and council. SEC. 25. Be it further enacted, That a special election in the City of Griffin to be held under the same rules and regulations as to registration and qualifications of voters and other conditions of city election, except it shall be a general election in said city, and not by wards, the polls of said election to be at the city hall, on the 3rd Wednesday in October next, between 7 A. M. and 6 P. M. The tickets for said election shall have written or printed thereon the words: For commission government, or Against commission government, and if a majority of those voting in said election vote for commission government, then this Act shall be in full force and effect. This Act referred to popular vote. SEC. 26. 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 20, 1917. GRIFFIN COMMISSION GOVERNMENT. * * Senate Bill No. 172, and the same as next preceding Act which is House Bill No. 568. No. 206. An Act to amend the charter of the City of Griffin, Georgia, abolishing the Mayor and Council of the City of Griffin, and providing for the establishment for the City of Griffin of a commission form of government in connection with a city manager, to provide for a number of commissioners; to prescribe their powers and duties; to provide for the election of a city manager, and to prescribe his powers and duties; to provide for the mode and manner of election of said commissioners; to provide for the salary of said commissioners and city manager, and to abolish certain boards and commissioners

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now provided for under the present charter, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 15th, 1910, and Act approved August 6th, 1913, and the several Acts incorporating the City of Griffin, in Spalding County, Georgia, and the municipal government of said city, and the Acts amending the same, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council, or board of aldermen, as provided in said Act approved August 15th, 1910, and any Acts amendatory thereto, or previously passed, that were not repealed by said Act, are hereby expressly repealed, and the offices of mayor and aldermen are hereby abolished. Acts of 1910 and 1913 amended. SEC. 2. Be it further enacted, That the charter of said city providing for a board of commissioners of light and water and sewers, approved July 23rd, 1903, or any Act amendatory thereto, is hereby repealed, and the said board is abolished. Board abolished. SEC. 3. Be it further enacted by the authority aforesaid, That in lieu of a mayor and aldermen for the City of Griffin, Georgia, there is hereby created and established a commission of three citizens, who shall be known as the board of commissioners for the City of Griffin. Said commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and council of the City of Griffin, Georgia, under the charter granted the said city by the Acts approved August 15th, 1910, August 6, 1913, or any previous Acts passed by the Legislature of this State, not repealed by the Acts of 1910 and 1913. Board of commissioners created. SEC. 4. The said commissioners shall be elected by the qualified voters of said city and shall be citizens of said city, who, under the Act of August 15th, 1910, are eligible to be mayor of said city. Election and eligibility. SEC. 5. The said commissioners are hereby vested with all the powers, rights and authority granted the board of

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commissioners of light and water and sewers, as provided in the Act of July 23rd, 1903. Powers. SEC. 6. The said commissioners shall be elected for a term of two years, or until their successors are elected and qualified, unless removed in accordance with the provisions of this Act. Should there be more than three candidates for this board, the three receiving the highest number of votes shall be declared elected. In case there was a tie vote between the candidates, so that it could not be determined what three candidates received the highest votes, a new elecion shall be ordered by the ordinary of the county, in not less than ten days or more than fifteen days from the election, which election shall be only between the candidates receiving the same number of votes, and this election shall be under the same rules and regulations governing the first election and elections shall be called as often as may be necessary by the ordinary until the candidate or candidates may be elected. Term of office. New election on tie vote. SEC. 7. The commissioner receiving the highest number of votes at the regular election shall be designated as chairman of the commission; and in case it should appear that no commissioner received the highest number of votes, then the members of the commission shall designate one of their members as chairman. Each of said commissioners shall receive a salary of $12.50 per month, except the chairman, who shall receive $25.00 per month. Chairman. Salaries. SEC. 8. In said commission shall be vested all the powers heretofore vested in the mayor, or the mayor and council of the City of Griffin, Georgia. It shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and shall have all the rights and powers heretofore given the mayor, or the mayor and council, or to any board or commission hereby abolished. Powers. SEC. 9. Said board shall be subject to recall, and their acts to the initiative and referendum as hereinafter provided in this Act. Recall, etc. Administrative powers. SEC. 10. The chairman of said board shall have the administrative

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and executive powers heretofore vested in the mayor of said city. SEC. 11. Be it further enacted by the authority aforesaid, That whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have the authority to approve or disapprove, or to amend the same. In no case shall an ordinance be put upon its passage unless it has been read at two separate meetings of the board. It shall take at least two members of the commission to act. Two commissioners shall be a quorum. In case any legislation is defeated or passed over the protest of the chairman, he shall have authority to suspend the operation of the same for ten days, during which time it shall be published in the official newspaper and a referendum or initiative election may be called as hereinafter provided for. Legislation. Quorum. SEC. 12. Be it further enacted by the authority aforesaid, That the commissioners shall select and appoint a city manager within thirty days after their election and qualification, who shall be the administrative head of the municipal government, and who shall be responsible for the efficient administration of all departments. He shall be appointed without regard to his residence, political beliefs or affiliations. During the absence or disability of the city manager, the commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be: City manager. Appointment. ( a ) To see that all laws and ordinances are enforced. Powers. ( b ) To appoint and remove all subordinate officers and employees in all departments; all appointments to be upon merit and fitness alone. ( c ) To exercise control over all departments and divisions created herein, or which may be hereafter created by the commissioners. ( d ) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote.

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( e ) To recommend to the commissioners for adoption such measures as he may deem necessary and expedient. ( f ) To prepare and submit to the commissioners an annual budget. ( g ) To keep the commissioners fully advised as to the financial condition and needs of the city. ( h ) To supervise and direct the official conduct of all appointive city officers, except as herein otherwise provided. ( i ) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of material and supplies for the city, and see that the same are received as contracted for; and ( j ) To perform such other duties as may be prescribed herein or may be required of him by ordinance or resolution of the commissioners. SEC. 13. Be it further enacted by the authority aforesaid, That the said city manager may be removed from his office or employment at any time by a majority vote of said commissioners, and said commissioners shall fix his compensation or salary. Provided, that the present city clerk and treasurer, city attorney, and other officers of the city (except the mayor and aldermen) whose terms of office are now fixed by charter or ordinance, and which officers or employees shall be continued by said commissioners, and shall hold their respective offices and receive compensation as at present provided therefor until the expiration of the terms for which they were elected or appointed, unless sooner removed for cause by law, in the manner at present existing. Upon the election and qualification of said commissioners the term of the mayor and all of the aldermen shall terminate. Removal from office. Present officers continued. SEC. 14. Be it further enacted by the authority aforesaid, That the commissioners shall each year cause to be printed a detailed, itemized statement of receipts and disbursements

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of the city and a summary of its proceedings during the preceding year. Statement and summary. SEC. 15. Be it further enacted by the authority aforesaid, That the said commissioners may require the said city manager to come before them at any time and answer questions, either orally or in writing, and may require from said city manager, at any time they see fit, written reports upon any matter involving the city that they deem proper; and the city manager shall report weekly to said commission his general actions and doings, and shall regularly, at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. Reports by manager. SEC. 16. Be it further enacted by the authority aforesaid, That the said city manager shall devote his entire time to the office, and the members of the commission shall devote as much of their time as may be necessary. The said commission shall meet at least twice each month at stated periods, and shall hold their meetings in public; shall keep minutes of their proceedings, and shall record all their actions thereon. All votes shall be taken by aye or no, and shall appear on the minutes. They shall be required to meet at such times and as often in extra meetings as any two of them or the chairman may designate or call. The chairman shall appoint one of the commissioners chairman pro tem., who may exercise the routine duties of the chairman in case of his absence or inability to act for any reason. In case of a vacancy in the office of any commissioner, or if he cannot act, the chairman shall immediately call a special election, which shall be had as special elections are had under the present charter and ordinances of the city. The secretary of said commission shall be the officer whose duties correspond now to the clerk of the city, and the said officer may also be secretary of the city manager. Time devoted. Meetings. Chairman pro tem. Vacancy in office. SEC. 17. Be it further enacted by the authority aforesaid, That the secretary of the said commissioners shall prepare a book similar to the registration book now used for the purpose of receiving the signatures of the voters

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of said city to call a recall election. He shall in like manner keep books for the purpose of calling referendum and initiative elections. Said books shall be opened at any time upon petition in writing signed by one hundred citizens of the said city entitled to vote, which shall plainly and distinctly set forth the purpose and reason for such election and the character of the election to be called, together with the legislation proposed or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election shall be filed and the books opened, the said election shall be called by the chairman whenever twenty-five per cent. of the registered voters of said city shall in person go to the office where said book is kept, and within thirty days from the opening of such book personally sign the same, calling such election, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Books for voters' signatures for elections on recall, etc. SEC. 18. Be it further enacted by the authority aforesaid, That whenever a recall, or initiative, or referendum election is called, the same shall be ordered by the chairman to be held not less than twenty and within thirty days after a sufficient number of the registered voters have signed the books to call the same. Any party or political organization shall have the right in the meantime to hold a primary under the State law governing primaries for the selection of candidates for office, or for the expressions of the wishes and beliefs of such political parties or organizations on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running at such election, and any other citizen eligible to hold the office may likewise become a candidate, and all rules now governing ordinary and special elections shall govern recall, initiative, and referendum elections; and all offenses against the purity of elections, ballots, and primaries shall apply to recall, initiative, and referendum elections or primaries. Election for recall, initiative, or referendum. SEC. 19. Be it further enacted by the authority aforesaid, That no commissioner shall, before going into office,

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solicit votes for himself or others, or promise any person to appoint him to office, or promise to vote for such person or any other person to any office or agency or employment under the city. For a violation of this provision the said commissioner shall be liable to be punished, under conviction, as for a misdemeanor, the punishment to be defined by the Criminal Code of Georgia, section 1065. Penalty for soliciting votes, etc. SEC. 20. Be it further enacted by the authority aforesaid, That any person who shall by offering money or other things of value, or by use of intoxicating liquors, or by promise of employment or office, or by any method now or hereafter declared criminal when such method is used to influence votes in elections in this State, undertake to influence or procure any person to sign the book calling for recall, initiative, or referendum election, shall be guilty of misdemeanor and shall be punished, upon conviction thereof, as provided in the Criminal Code of Georgia for the punishment of misdemeanors under section 1065. Any person signing said book who is not entitled to sign the same, and any person who signs the name of or impersonates any other person, shall be likewise punished upon conviction. Penalty for other forbidden acts. SEC. 21. Be it further enacted by the authority aforesaid, That the corporate name and organization of the City of Griffin is hereby in all respects preserved as in the original Act of 1910, and the Acts amendatory thereof; and all Acts not inconsistent with this Act are hereby declared of force. Corporate name. SEC. 22. The first election under this Act shall be held on the first Wednesday in December, 1918, and every two years thereafter, on the same date, under the rules and regulations now provided for holding election for mayor and aldermen, and the managers of the election shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed into the office. Elections, when held. SEC. 23. The board of commissioners so elected shall go before some officer of Spalding County, authorized to administer oaths, and take the oath now prescribed by section

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46 of the city ordinances of the City of Griffin, Georgia, and will then be fully qualified to discharge the duties prescribed by this Act until their successors are elected and qualified. Oath of office. SEC. 24. The mayor and council shall hold their offices as now fixed until said board of commissioners are elected and qualified, and at the next city election to be held on the first Wednesday in December, 1917, the aldermen or councilmen then elected shall be only for a term to expire on the first Wednesday in December, 1918, or until the board of commissioners under this Act are elected and qualified. Mayor and council. SEC. 25. Be it further enacted, That a special election in the City of Griffin to be held under the same rules and regulations as to registration and qualifications of voters and other conditions of city election, except it shall be a general election in said city, and not by wards, the polls of said election to be at the city hall, on the third Wednesday in October next, between 7 A. M. and 6 P. M. The tickets for said election shall have written or printed thereon the words: For commission government, or Against commission government, and if a majority of those voting in said election vote for commission government, then this Act shall be in full force and effect. This Act referred to popular vote. SEC. 26. 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 21, 1917. HAWKINSVILLE ADDITIONAL TAX. No. 188. An Act to amend the charter of the City of Hawkinsville, in Pulaski County, Georgia, approved December 18, 1902, and Acts amendatory thereof, so as to authorize the city council of said city to assess, levy and collect an additional ad valorem tax on all property real and personal within the corporate limits of said city, not

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exceeding one half of one per centum upon the value of said property, under certain limitations and restrictions. SECTION 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 purpose of supplementing the revenue for the support and maintenance of the government of said City of Hawkinsville, and to pay the ordinary current expenses of said city, the city council of said city shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an additional ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding one-half of one per centum upon the value of said property; provided, this additional tax of one half of one per centum shall be assessed, levied, and collected for one year only and when said additional tax shall have been assessed, levied, and collected for said year, then the power and authority conferred by this Act shall cease and determine. Additional tax for one year only. 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 17, 1917. HOSCHTON WATER, SEWERS, LIGHTS, AND RAILWAY FRANCHISES. No. 6. An Act to amend the charter of the Town of Hoschton, Georgia, in the County of Jackson, approved September 19, 1891, so as to empower the mayor and council of the said town to install a system of waterworks and sewers, or of either, by day-labor or by contract; to install an electric-light plant for the generation and distribution of electrical energy, or the distribution of the same, only, or to grant a franchise to an individual, firm or corporation, to do so within the corporate limits of said town: to grant a franchise or franchises to

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an individual, firm or corporation to build, construct, own, maintain and operate a steam or electric street-railway or interurban railway through and over the streets of said town of Hoschton, and for 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 Hoschton, Georgia, through its mayor and council, is hereby authorized and empowered to construct, establish, own, and operate a system of waterworks, sewerage, electric lights or any of them in said town, for the purpose of supplying the inhabitants of said town and consumers within said town, generally, with water, sewers and lights or any of these, and said mayor and council is hereby empowered to do all things necessary for such purposes; to purchase and own real estate necessary for and to be used in connection with said system or systems, whether within or without the corporate limits of said town, and if necessary to condemn private property as provided by law for such purposes; to contract for such machinery and equipment as may be necessary in exercising the above authority and to make contracts with the inhabitants of said town and the consumers therein, generally, for the furnishing of water, lights and sewers. Said mayor and council is further authorized and empowered to construct, own and operate a transformer station, to contract with another corporation, firm or individual for electrical energy and distribute the same to the consumers of said town, as aforesaid; to contract with an individual, firm or corporation, for the distribution of water and lights, or either, or electrical energy, to the consumers of said town, and to grant to such individual, firm or corporation, such franchise or franchises, in regard to the use of the streets and public property of said town, as may be necessary for such purposes. Water, sewers, lights, powers as to. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the Town of Hoschton, Georgia, shall be and is hereby empowered

Page 696

to grant franchise or franchises or right of way to an individual, firm or corporation to build, construct, own, maintain and operate through and over the streets of said town an electric or steam street or interurban railway. Grant of railway franchise. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 31, 1917. JEFFERSON TAX ASSESSMENT AND RATE. No. 241. An Act to amend an Act incorporating the City of Jefferson, Jackson County, Georgia, approved December 12, 1899, so as to provide for the making of returns of property, both real and personal, for taxation (to limit tax rate) in said city and for the collection of taxes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the clerk and treasurer of the City of Jefferson, Georgia, shall be and he is hereby made the tax-receiver and tax-collector of said city, and his duties in the respective capacities shall be to receive returns of personal and real property for taxation in said city and to collect the general taxes levied by said city and such other duties as shall be more specifically set out in this Act. Clerk made tax-receiver and tax-collector. SEC. 2. Be it enacted by the authority aforesaid, That all persons, firms, corporations and companies (except those required to make returns to the Comptroller-General) subject to tax in said city of Jefferson, Georgia, shall make their returns of personal and real property to the clerk and treasurer of said city, who shall hereinafter be designated tax-receiver, when acting in this capacity, and such returns shall be made at the office of such tax-receiver between March 1st and June 1st of each year hereafter. Returns for taxation. SEC. 3. Be it further enacted by the authority aforesaid, That on or before the 15th day of June each year hereafter

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the tax-assessors of said city shall take the returns of real property of said city and value said property for taxation and file their assessments or valuation with the tax-receiver by said date; and the tax-receiver shall, on or before July 1st of each year, prepare and have in his office a complete digest of the taxpayers and property of said city. Assessments for taxation SEC. 4. Be it further enacted by the authority aforesaid, That should it come to the attention of said tax-receiver or tax-assessors that any property in said city, subject to taxation for city purposes, has not been returned within the time as hereinbefore required, it shall be the duty of such tax-receiver to make a return of such property, assess the same and enter as a supplement to the tax digest, and a double tax on said property shall be collected from such defaulter; provided, such defaulter shall have the right to appeal to the mayor and council in the event he is dissatisfied with the valuation made upon his property, and he shall proceed as now provided by law, and said city council may relieve such defaulter from said double tax. Unreturned property. Appeal by defaulter. SEC. 5. Be it further enacted by the authority aforesaid, That all ad valorem taxes shall be due and payable to the tax-collector of said City of Jefferson at his office August 1st of each year and the books of such officer shall close December 15th, at which time executions shall issue for all due and unpaid taxes. Taxes, [Illegible Text] due. SEC. 6. Be it further enacted by the authority aforesaid, That the levy of taxes on property for any one year by the mayor and aldermen for all purposes shall not exceed fifteen (15) mills on each dollar of the value of the property taxable in said City of Jefferson. Tax rate limited. SEC. 7. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 20, 1917. KIRKWOOD WARDS, AND SCHOOL BOARD. No. 133. An Act to amend an Act establishing a new charter for the Town of Kirkwood, in the County of DeKalb, approved

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August 15, 1910, and the several Acts amendatory thereof, for the purpose of changing the ward lines of said town; and for the purpose of enlarging the board of education of said town, providing for the election of the members thereof, fixing their term of office, providing for the officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority aforesaid, That from and after the passage of this Act, the Town of Kirkwood, in the County of DeKalb, shall be divided into four wards, described as follows: Ward one shall consist of territory within the following boundary: Commencing at a point formed by the intersection of the center line of North Warren street and Hardee street, in said town, and running thence eastwardly along the center of Hardee Street to Hillcrest Avenue, and continuing thence eastwardly along land lot line to eastern limits of Town of Kirkwood; thence southwardly along said eastern limits to the southern limits of said town; thence westwardly along southern limits of said town to the center of South Warren Street; thence north along the center of South Warren Street to center of Boulevard Drive, at the junction of North Warren Street; thence north along the center of North Warren Street to the point of beginning. Wards defined. Ward two shall consist of territory within the following boundary: Commencing at a point formed by the intersection of the center line of North Howard Street and Hardee Street, and running thence north along the center of North Howard Street to DeKalb Avenue and continuing thence in a straight line northwardly to the northern limits of said town; thence westwardly along the northern limits of said town to the western limits of said town; thence southwardly along said western limits to the Georgia Railway Power Company's South Decatur car-track, at the intersection of land lot line; thence eastwardly along said land lot line to North Warren Street, at junction of

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Hardee Street; thence eastwardly along center of Hardee Street to point of beginning. Ward three shall consist of territory within the following boundary: Commencing at a point formed by the intersection of North Howard Street and Hardee Street, and running thence eastwardly along the center of Hardee Street to Hillcrest Avenue and continuing in a straight line eastwardly along the land lot line to the eastern limits of said town; thence northward along said eastern limits to the northern limits of said town; thence northwestwardly along said northern limits to a point formed by the junction of the second ward line and the said limits; thence in a straight line southwardly to the center line of North Howard Street; thence southwardly along the center of North Howard Street to the point of beginning. Ward four shall consist of territory within the following boundary: Commencing at a point formed by the intersection of the center line of North Warren Street and Hardee Street, and running thence south along the center of North Warren Street to Boulevard Drive, at junction of South Warren Street; thence southwardly along the center of South Warren Street to the southern limits of said town; thence west along said southern limits to line between Town of Kirkwood and City of Atlanta; thence north along said line to a point two hundred feet south of Boulevard DeKalb; thence east along the line dividing said City of Atlanta and said Town of Kirkwood to the right of way of the Georgia Railway Power Company's South Decatur car-track; thence following the curve in said right of way to the junction of said western limits and land lot line; thence eastwardly along said land lot line to North Warren Street and point of beginning. SEC. 2. Be it further enacted by authority aforesaid, That the board of education of Town of Kirkwood shall consist of seven members: the mayor, who shall be an ex-officio member; two members from the town at large, any one member from each of the four wards of the town; provided, however, that the members of the board, as now

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constituted, shall continue to hold their offices until the expiration of their terms of office, irrespective of the ward in which they may reside. Board of education. SEC. 3. Be it further enacted by the authority aforesaid, That the two members at large shall be elected by ballot on the 19th day of September, 1917. The mayor and council of said town shall provide by ordinance for this election, notice of which shall be published in the paper carrying the sheriff's advertisements of the County of DeKalb, and posted in three conspicuous places in said town, at least twenty days before the election. One member shall be elected to hold office until the first Monday in January, 1921, and the other shall be elected to hold office until the first Monday in January, 1923, and until their successors are elected and qualified. Election of members at large. SEC. 4. Be it further enacted by authority aforesaid, That on the first Wednesday in December, 1917, there shall be elected from the first and third wards of said town two members to the board of education to succeed C. M. Kennimer and J. M. Estes (whose terms expire in May, 1918), to hold office until the first Monday in January, 1922, and until their successors are elected and qualified. Election for wards one and three. SEC. 5. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1919, there shall be elected from the second and fourth wards of said town two members of the board of education to succeed the two members whose terms of office expire in May, 1920, to hold office from May, 1920, until the first Monday in January, 1924, and until their successors are elected and qualified. That with September, 1917, shall cease and terminate the right and claim of S. J. Bryan and M. S. Ransom to membership on the board of education of the Town of Kirkwood and that in the election held for the two members at large of the board of education, there shall be elected by ballot, September 19, 1917, a member to succeed to the place now claimed by S. J. Bryan and M. S. Ransom. That said newly elected member shall be elected for the unexpired term, which office expires in May, 1920, and upon his election

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and qualification, the claim and right of membership of S. J. Bryan and M. S. Ransom shall terminate. The registration book for the special election to be held on September 19, 1917, as provided by this bill, shall be opened by the clerk of the Town of Kirkwood immediately upon the passage of resolutions calling for this election by the mayor and council of the Town of Kirkwood and same shall be kept open up to five days before said date and then closed. Thereafter the clerk shall prepare and furnish registration lists as provided in other special elections, but this particular registration is an exception to the registration required by the present charter of the Town of Kirkwood. Election for wards two and four. Successors to holding members. Registration of voters. Special registration. SEC. 6. Be it further enacted by the authority aforesaid, That on the first Wednesday in December of each year prior to the expiration of the term of office of any member of the board of education herein provided for, there shall be held an election to elect the successors of any such members whose terms of office shall be for four years, and until their successors are elected and qualified, and all succeeding terms shall in like manner be filled. Election of successors. SEC. 7. Be it further enacted by authority aforesaid, That all elections for members of the board of education herein provided for shall be held, returns made, and results declared, in the same manner and under the same rules and regulations as elections for mayor and councilmen of said town are held. If any vacancy should occur in the board of education by reason of death, resignation, removal from the ward or from the town, or otherwise, it shall be filled by the mayor and council as now provided by the charter of said town. Conduct of elections. Vacancies. SEC. 8. Be it further enacted by the authority aforesaid, That on Wednesday, September 26, 1917, following the election hereinbefore provided for and the declaration of the result as required by law, the new board, with the added members, shall hold an election at the usual time, 8 o'clock P. M., at the city hall of Kirkwood, and reorganize by the election of a chairman and a secretary-treasurer from their

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members and the persons so elected shall take the place of the present chairman and secretary-treasurer and all controversies now existing with reference to same shall cease and determine, but the persons so elected shall serve for a term ending the first Monday in January, 1918, and their successors shall be elected for a term of one year at the time, it being understood that the mayor of the town is an ex-officio member of the board of education after this amendment as well as prior to this amendment. Reorganization, etc. SEC. 9. Be it further enacted by the authority aforesaid, That the public school system of the Town of Kirkwood, as provided under the Act of the General Assembly of Georgia, approved August 15, 1910, establishing a new charter for the Town of Kirkwood, and the several Acts amendatory thereof, except as herein amended and changed, shall be and the same are hereby continued of full force and effect. Public-school system. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1917. LAFAYETTE EAST BOUNDARY LINE, ETC. No. 229. An Act to amend the Act to amend, codify and consolidate various Acts incorporating and amending the charter for the corporation of the City of LaFayette, in the County of Walker, and extend and define the corporate limits thereof; to provide for sanitation and sewerage of said city, and for the general welfare of its residents, and for other purposes, approved August 17, 1914, by changing the east boundary line thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of

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this Act the eastern boundary line of the City of LaFayette, Walker County, Georgia, shall be changed as follows: Beginning at the point where the present corporate limits of the city intersect with the original land line forming the western boundary of land lots Nos. 47, 62, 83, etc., running thence north along said original land line to the point where said land line intersects with Chattooga Creek, thence north along the bed of said creek to the point where said creek intersects with the present corporate limits of the city, leaving out of the corporate limits of said city all of the territory east of said described line. Change of eastern boundary line. SEC. 2. Be it further enacted, That the lien of the City of LaFayette for taxes for the year 1917, on any of the property, real or personal, included within the territory removed from the corporate limits of said city by this Act, shall not be lost by reason of said property being outside of the corporate limits of said city at the time said taxes become due, and the marshal of said city shall have authority to levy and sell any of said property to satisfy any tax fi. fas. of said city for taxes due for the year 1917, notwithstanding said property is at the time of said levy and sale outside the limits of said city, provided, same is at the time within the limits of the territory included within the corporate limits of said city prior to this Act. Tax lien not lost. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws, special, local or general, be and the same are hereby repealed so far as they are in conflict with this Act. Approved August 20, 1917. LAFAYETTE SCHOOL BOARD TERMS. No. 95. An Act to amend the charter of the City of LaFayette, in the County of Walker, approved August 17, 1914, as amended by Act approved August 19, 1916, by amending section 4 of the amendatory Act approved August

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19, 1916, by changing the terms of office of members of the school board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, section 4 of the Act approved August 19, 1916, amending the charter of the City of LaFayette, Georgia, be and the same is hereby amended to read as follows: That on the first Tuesday in December, 1917, in the general election, there shall be elected by the qualified voters in each of the five wards of said city a member of the school board from said ward, whose terms of office shall be as follows, and until their successors are elected and qualified, to wit: The members of said school board elected from the first and second wards shall serve for a term of one year from January 1, 1918; the members of said school board elected from the third and fourth wards shall serve for a term of two years from January 1, 1918, and the member of said school board elected from the fifth ward shall serve for a term of three years from January 1, 1918, and, thereafter, the members of said school board shall be elected for terms of three years. Said members of said school board shall be residents of the ward from which they are elected; shall be freeholders in their own right, twenty-one years of age, or more, and shall be elected in the same manner and with the same restrictions as provided for the election of the councilmen of said city; provided, however, that in case of a vacancy on said school board, that the other four members of said school board shall fill said vacancy by appointment, by appointing some person of the same qualifications to serve until the next general election in said city, at which time a member of said school board shall be elected by the qualified voters in the ward in which the vacancy occurred, who shall serve for the unexpired term; that said school board, before being eligible, or any member thereof, shall have resided in the City of LaFayette for at least twelve months. Act of 1916 amended. Read. Election and terms of office of school board. SEC. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved August 14, 1917. LAGRANGE; SALE OF WATER, GAS, ELECTRICITY, AND OTHER PUBLIC UTILITIES. No. 55. An Act to amend the charter of the City of LaGrange, to authorize the said city to sell and furnish water, gas, electric lights and power, and other public utilities, outside of the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the City of LaGrange is hereby amended, and the said city is authorized and empowered to sell and furnish water, gas, electric lights and powers, and any other public utilities, outside of the corporate limits of said city; and to make contracts therefor for such term of years as the mayor and council of said city shall determine to be the best for said city. Authority to sell out of the city. 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 8, 1917. LAGRANGE TERRITORIAL LIMITS EXTENDED. No. 161. An Act to amend the charter of the City of LaGrange so as to extend the corporate limits of the said City of LaGrange, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That from and after twelve o'clock midnight, December 31, 1919, the incorporate limits of the City of LaGrange shall be extended as follows, to wit: Beginning at a point on the southern boundary of the City of LaGrange, where the corporate limits of said city cross the western edge of the right of way of the Atlanta and West Point Railroad Company, and running thence in a southerly direction along the west line of said right of way to a point where said right of way intersects with the northern boundary line extended westward of a certain tract of land, a plat whereof is recorded in Deed Book 14, page 327, Records of Troup County, and said corporate limits continuing from said point of intersection eastward along said extended northern boundary, until said tract of land is reached, and thence eastward, southward and westward with the boundaries of said tract as shown by said plat, and continuing westward in line with an extension of the southern boundary until the west line of the above right of way is reached; thence southerly along the west line of said right of way until the lot line between land lots 147 and 174, in the 6th land district of Troup County, is reached; thence west along the said land lot line until the corner, where the lands of Unity Cotton Mills and N. R. Adamson join on said land line; thence northward with the dividing line between the lands of the same owners until the land of Hillside Cotton Mills is reached; thence westward along the property line between said Adamson and Hillside Cotton Mills, until the west line of said Hillside Cotton Mills land is reached; thence northward along the west boundary of the land of Hillside Cotton Mills until the land of Mrs. J. D. Jenkins is reached; thence eastward along the property line between said Hillside Cotton Mills and Mrs. J. D. Jenkins until the east boundary of the land of the said Mrs. J. D. Jenkins is reached; thence northerly along the dividing line between the lands of the said Mrs. J. D. Jenkins on the west and Hillside Cotton Mills and the land known as the Wisdom-Ridley Addition on the east, until the southern boundary of the right of way of the Atlanta, Birmingham and Atlantic Railway Company is reached;

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thence easterly along the southern boundary of said right of way until it intersects with the corporate limits of the City of LaGrange. Territorial limits extended. SEC. 2. Be it further enacted by the authority aforesaid, That from and after twelve o'clock midnight, December 31, 1919, the corporate limits of the City of LaGrange, except as provided in section 1 of this Act, shall be extended one mile in an air line in every direction from the present corporate limits of the said City of LaGrange. One-mile extension. SEC. 3. Be it further enacted by the authority aforesaid, That this Act and the provisions thereof shall not go into effect until and unless the Act to incorporate the Town of Southwest LaGrange, now before the General Assembly of Georgia, has been passed and approved. When effective. * * See Act relating to Southwest LaGrange, infra. SEC. 4. Be it further enacted by the authority aforesaid, That when the territory of the said Town of Southwest LaGrange is taken into the City of LaGrange, as provided in this Act on December 31, 1919, all municipal assets and property of the Town of Southwest LaGrange shall become the property of the City of LaGrange; and the City of LaGrange shall become liable for and shall pay all the legal municipal liabilities of the Town of Southwest LaGrange. Southwest LaGrange to be taken in. SEC. 5. Be it further enacted by the authority aforesaid, That nothing herein shall be taken or have the effect of repealing the charter of the Town of Southwest LaGrange, except when the territory thereof is taken into the territory of the City of LaGrange, as herein provided. Charter repeal. 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 18, 1917. LAWRENCEVILLE SCHOOL-TAX RATE. No. 163. An Act to amend an Act of the General Assembly of Georgia, approved December 15, 1893, establishing a system

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of public schools in the Town of Lawrenceville, Georgia, by striking from section five (5) of said Act, and wherever it occurs in said Act, the words one-half, and substitute therefor the words three-fourths, to provide that a tax of one-half of one per cent. shall be levied directly, and that one-fourth of one per cent. shall be appropriated by the mayor and council of said Town of Lawrenceville, out of the general taxes collected, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and the same is hereby enacted by authority of the same, That said section five (5) of said Act be and the same is hereby amended by striking the words one half and inserting in lieu thereof three-fourths. Said section is further amended by providing that only one-half of one per cent. shall be levied directly for school purposes, and one-fourth of one per cent. shall be appropriated by the mayor and council to the school fund of the general taxes of the city so as to make the three-fourths of one per cent. herein provided for; provided, that this Act shall not be construed to make the rate of said town more than the present rate of $1.50 per hundred dollars, so that said section when so amended will read as follows: Act of 1893 amended. SEC. 5. The revenues derived by the Town of Lawrenceville from the following sources shall be appropriated to provide for schoolhouses as aforesaid, and the support and maintenance of said public school, and shall be, as collected by the corporate authorities of the town, turned over to the board of education, to wit: First, the net proceeds of the sale of the bonds hereinafter provided for; second, the mayor and council shall levy such tax upon all property in said town subject to taxation as will be sufficient, when added to the sums received from all other sources, to support and maintain said schools for at least nine scholastic months in each year and shall collect same by the first day of May in each year and pay it over to said board of education; but said tax shall not exceed three-fourths of one per cent. per annum, to be collected as follows: Not over one-half of one per cent. shall be levied upon all the taxable

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property for school purposes, and one-fourth of one per cent. received from the taxable property per annum shall be appropriated by the mayor and council out of the general taxes collected for said town to the school fund, so as to make the three-fourths of one per cent. per annum herein provided for; and no part of said school tax shall be used for any other purpose than in the support and maintenance of the public schools, or in providing furniture or buildings therefor, or paying the bonds hereinafter referred to and the accruing interest thereon; provided, that this Act shall not be construed to make the tax of said town more than the present rate of one and 50-100 dollars ($1.50) on the hundred dollars. Read. Appropriation of revenues. Tax rate. Tax rate. limited. 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, 1917. LESLIE COUNCILMEN; ELECTIONS AND TERMS. No. 14. An Act to amend sections 3 and 6 of the Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911, so the town councilmen receiving the highest and next highest number of votes in the next regular election after the passage of this Act shall serve for two years; the other two councilmen elected shall serve for one year only; providing that at each subsequent annual election two councilmen shall be elected for two-year terms, and that a mayor and clerk and treasurer shall be elected to two-year terms biennially, beginning with the 1917 election. In every election for mayor and councilmen and clerk and treasurer, the polls shall open at eight o'clock A. M., and close at one o'clock P. M., and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of same, That the Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911, be and the same is hereby amended by striking section three of said Act and substituting in lieu thereof the following: An election shall be held in said Town of Leslie, Georgia, annually, for the election of two councilmen, on the second Wednesday in December, at which time two councilmen shall be elected for a term of two years, and biennially on the same date of said annual election a mayor and clerk and treasurer shall be elected for a term of two years. At the first regular meeting of the mayor and town council of Leslie, or as soon thereafter as practicable, after each biennial election, said mayor and town council shall elect one of said councilmen mayor pro tempore; provided, however, that at the regular election to be held on the second Wednesday in December, 1917, a mayor, four councilmen, and a clerk and treasurer shall be elected. The two candidates for councilmen receiving the highest and next highest number of votes shall be elected to two-year terms, and shall serve until their successors are elected and qualified. The other two candidates elected as councilmen shall serve for one year only; provided, further, that at each succeeding annual election two councilmen shall be elected for a term of two years, and shall serve until their successors are elected and qualified; and beginning with said 1917 election a mayor and a clerk and treasurer, said clerk and treasurer being one and the same person, shall be elected biennially to two-year terms, said biennial election shall be held every second year on the second Wednesday in December. Act of 1911 amended. Councilmen, mayor, and clerk; elections and terms of office. SEC. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That section 6 of said Act be and the same is hereby amended by striking out the figure nine in the fourth line of said section 6 and inserting in lieu thereof the figure eight; and by striking out the figure four in the fifth line of said section 6 and inserting in lieu thereof the figure one, so that said section when so amended shall require the polls to be open at eight

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o'clock A. M., and closed at one o'clock P. M., in every election held under the provisions of this Act. Polls; opening and closing. SEC. 3. It is hereby further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. LESLIE COUNCILMEN; ELECTIONS AND TERMS. * * Senate Bill No. 74, and the same as the Act next preceding, which is House Bill No. 214. No. 62. An Act to amend sections 3 and 6 of the Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911, so the two councilmen receiving the highest and next highest number of votes in the next regular election after the passage of this Act shall serve for two years; the other two councilmen elected shall serve for one year only; providing that at each subsequent annual election, two councilmen shall be elected for two-year terms, and that a mayor and clerk and treasurer shall be elected to two-year terms biennially, beginning with the 1917 election. In every election for mayor and councilmen, and clerk and treasurer, the polls shall open at eight o'clock A. M., and close at one o'clock P. M., 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 Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911, be and the same is hereby amended by striking section 3 of said Act and substituting in lieu thereof the following: An election shall be held in said Town of Leslie, Georgia, annually, for the election of two councilmen, on the second Wednesday in December, at

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which time two councilmen shall be elected for a term of two years, and biennially on the same date of said annual election a mayor and clerk and treasurer shall be elected for a term of two years. At the first regular meeting of the mayor and town council of Leslie, or as soon thereafter as practicable, after each biennial election, said mayor and town council shall elect one of said councilmen mayor pro tempore; provided, however, that at the regular election to be held on the second Wednesday in December, 1917, a mayor, four councilmen, and a clerk and treasurer shall be elected. The two candidates for councilmen receiving the highest and next highest number of votes shall be elected to two-year terms, and shall serve until their successors are elected and qualified. The other two candidates elected as councilmen shall serve for one year only; provided, further, that at each succeeding annual election two councilmen shall be elected for a term of two years, and shall serve until their successors are elected and qualified; and beginning with said 1917 election a mayor and a clerk and treasurer, said clerk and treasurer being one and the same person, shall be elected biennially to two-year terms; said biennial election shall be held every second year on the second Wednesday in December. Act of 1911 amended. Councilmen, mayor, and clerk; elections and terms of office. SEC. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That section 6 of said Act be and the same is hereby amended by striking out the figure nine in the fourth line of said section 6, and inserting in lieu thereof the figure eight and by striking out the figure four in the fifth line of said section 6 and inserting in lieu thereof the figure one; so that said section when so amended shall require the polls to be opened at eight o'clock A. M., and closed at one o'clock P. M., in every election held under the provisions of this Act. Polls; opening and closing. SEC. 3. It is hereby further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1917.

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LILLY TERRITORIAL LIMITS. No. 145. An Act to amend An Act to amend, consolidate and supersede the Act incorporating the City of Lilly, in the County of Dooly, State of Georgia, to create a new charter and municipal government for said corporation; to declare the right and powers of the same; to establish a system of public schools in and for said city; to create a board of education for said city; to authorize the county school commissioner to pay or turn over to said board such part of the county school funds as may be a just pro rata share of said city; to provide for the election of said board of education and the government of said school; to define the powers and duties of said board of education in relation to said school, and for other purposes, approved August 21, 1911. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of the Act approved August 21, 1911, creating the City of Lilly, in the County of Dooly, in the State of Georgia, be amended by inserting in the second line of said section between the words one and mile the word half, so that said section when amended shall read as follows: Section 2. Be it further enacted, That the corporate limits of said city shall extend one half mile in every direction from the present site of the A., B. A. freight and passenger depot of the City of Lilly, Dooly County, Georgia. Territorial limits. reduced. 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, 1917. LINCOLNTON, TOWN OF; NEW CHARTER. No. 30. An Act to incorporate the Town of Lincolnton, in the County of Lincoln; to define the limits thereof; to provide

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for the election of a mayor and councilmen therefor, and their successors; to grant power and privileges to the same; to provide for the working of sidewalks and streets in said town; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health whenever in the judgment of the mayor and council of said town said action may be advisable; to declare and define the police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define the method of arriving at the value of such property and compensating the owner therefor; to authorize the Town of Lincolnton to establish a system of waterworks and a system of electric lights or to grant franchises for the same, under such restrictions as are provided for by the State law, whenever in the judgment of the mayor and councilmen of said town such course may be deemed advisable; and to issue bonds for any one or all of said purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting of licenses to all kinds of businesses, trades, callings, professions and the forfeiture of the same; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the Town of Lincolnton; to provide a system of public schools for said town, and to issue bonds for same, whenever in the judgment of the mayor and council of said town said action may be advisable; to provide for a levy of taxes to meet the expenses of said town and school system; to provide for the assumption of all present liabilities and an acquisition of all assets of said town as at present incorporated; to repeal the Act heretofore passed creating a charter for said town and all Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Town of Lincolnton, in the County of Lincoln, be and the same is hereby incorporated

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as a town under the name of the Town of Lincolnton. Corporate name. SEC. 2. CORPORATE LIMITS. Be it enacted, That the corporate limits of said town shall be as follows: Three quarters of one mile in all directions from the center of the lot in said town where the old court-house of Lincoln County recently stood, making said corporate limits a circle one and one-half miles in diameter; but the corporate limits of said town may, however, be extended to one mile in every direction from the center of said old court-house lot, by submitting the question of extension to the legal voters of said town; a notice of an election for this purpose shall be given by the mayor, whenever ordered by the council to do so, for thirty days, at which election if a majority of the legal voters of said town shall vote for extension, then the limits shall be extended; provided, that said election shall not occur oftener than once in each year. Territorial limits. Extension. SEC. 3. OFFICERS. Be it further enacted, That the present mayor, A. W. Burch, and five councilmen, to wit: W. B. Crawford, H. D. Bentley, R. T. Humphreys, W. O. Dallis, and C. J. Perryman, of said Town of Lincolnton, shall be mayor and councilmen, respectively, of said town under this charter until the first day of January, 1918, and until the mayor and councilmen provided for in this charter are elected and qualified. That the clerk and treasurer now in office shall also be and is hereby made clerk and treasurer of said town under this charter until his successor is elected and qualified. That the present officials of said town shall have and exercise all the rights, powers and authority conferred by this charter, until their successors, as provided in this charter, are elected and qualified. Present officers hold. SEC. 4. MAYOR AND COUNCILMEN. Be it further enacted, That the corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the Town of Lincolnton, that they may sue and be sued, plead and be impleaded, have a seal and exercise all corporate powers that may be necessary in the performing of their duties. General corporte powers. SEC. 5. MAYOR AND COUNCILHOW ELECTED. Be it further

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enacted, That after the passage of this Act, an election shall be held in said town for the election of a mayor and five councilmen on the second Saturday in December, 1917, and on the second Saturday in each succeeding December thereafter there shall be held an election in said town to elect a mayor and five councilmen thereof. If any such election should not be held at the time designated the same shall thereafter be ordered held by the mayor and council of said town, after giving twenty days' notice in writing of the time and place of holding such election by posting the same at one or more public places in said town. That the mayor and council elected under this charter shall take office on the first day of January, 1918. Election of mayor and council. SEC. 6. ELECTIONS. Be it further enacted, That the term of office of said mayor and councilmen shall be one year from January the first of each and every year until their successors are elected and qualified. That they shall be ineligible to hold any other office or position under said town except tax-assessor, and they shall not contract, directly or indirectly, with said town or any department thereof. No one shall be eligible to hold the office of mayor and councilmen who is not qualified to vote for the members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for officers in this State, and certificate of managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. That if any vacancy should occur in the office of mayor or councilmen from any cause the same shall be filled by said board. That the mayor and council shall provide for the registration of the voters of said town prior to each annual election, or special election, that may be held in said town, and all persons who have been residents of said State twelve months, and residents of said town six months next preceding the day of holding such election, and who are qualified under the laws of this State to vote for the members of the General Assembly, shall be entitled to register and vote in any election held in said town, and the registration books shall remain open at the place

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of business of the clerk and treasurer of said town, not less than ten days, and shall close five days before an election. The mayor and councilmen shall have the right to purge said books of all persons not eligible to vote. When the qualified voters of said town have once registered, their registration shall be permanent so long as they remain residents of said town. Term of office. Ineligibility, etc. Conduct of elections. Vacancy in office. Registration of voters. SEC. 7. SALARIES. Be it further enacted, That the salary of the mayor and councilmen and other officers shall be fixed by the mayor and councilmen of said town at their first meeting in each year, and which shall not be changed during their term; except, if necessary, the mayor and council shall have the right at any time to increase or decrease the salary of the marshal, if he be paid a salary, and shall have the right at any time and without notice to discharge any marshal or policeman and to hire another marshal or policeman. Salaries. Marshal. SEC. 8. OATH OF MAYOR AND COUNCILMEN. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, before the retiring mayor or some officer of the State authorized to administer oaths: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the Town of Lincolnton for the ensuing year, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability, without fear or favor, so help me God. Should the mayor or councilmen be absent when the other officers qualify, he or they may take the oath of office as soon as possible thereafter. Said oaths shall be entered upon the minutes of the said town. Oath of office. SEC. 9. ELECTION OF MAYOR PRO TEM. Be it further enacted, That at the first meeting in January in each year the said mayor and council shall elect one of said councilmen mayor pro tem., whose duties shall be to serve as mayor during the sickness, absence or any other disqualification of the mayor. Should said election not be held at said time, or the mayor pro tem. resigns or declines to

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serve, said mayor and council shall have the right to elect at any subsequent meeting a mayor pro tem. Mayor pro tem. SEC. 10. QUORUM OF COUNCIL. Be it further enacted, That the mayor or mayor pro tem. and three other councilmen shall for all purposes under this charter constitute a quorum for the transaction of all business, though a smaller number may adjourn from day to day. Provided, however, that when there are no more than the mayor or mayor pro tem. and three councilmen present, it shall require at least three affirmative votes to pass any resolution or ordinance. Said mayor and council shall hold their meetings within the limits of said town, and at such times and places as they see proper. That at the first meeting of the mayor and council after each election, the said councilmen shall elect a clerk and treasurer, who shall not be the mayor, but may be one of the councilmen. Quorum of council. Meetings. SEC. 11. MUNICIPAL OFFICERS. Be it further enacted, That said mayor and council shall have power and authority to elect a clerk and treasurer, which offices are hereby combined; the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment may be necessary; street overseer, attorney, town physician, and such other officers as the necessities of the town may demand, they may be ordinance prescribe the term of office and the duties of such officers and fix their salaries. The clerk and treasurer shall be required to give bond for the faithful performance of his duties, the amount of said bond to be fixed by said mayor and councilmen. Officers of the town. SEC. 12. COMMITTEES OF COUNCIL. Be it further enacted, That at the first meeting in January, after the election of mayor and councilmen, the mayor shall appoint by order a street committee, a finance committee, an ordinance committee, light committee, a public building committee, and such other committees as the mayor may deem necessary for the proper administration of the affairs of said town. Committees of council. SEC. 13. LEGISLATIVE POWERS. Be it further enacted, That said mayor and council shall have power to pass all

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such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws in so far as they are not in conflict with this Act are made a part hereof, and to provide penalties for their violation. The mayor shall have the right to vote in case of a tie only. Legislative powers. SEC. 14. ADMINISTRATIVE POWERS. Be it further enacted, That they shall have power and authority to lay off, open, close and alter alleys, sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footwalks, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners and occupants of the property next adjoining thereto; to establish and regulate the markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle or other animals or fowls of any kind from going at large in said town; to protect places of divine worship in and about the premises; to abate or cause to be abated anything, which, in the opinion of the mayor and council, shall be a nuisance; to regulate the keeping of dynamite and other combustibles; to abate or cause to be abated nuisances in form of lewd or bawdy-houses suspected of being such; to provide in or near said town places for the burial of the dead, and to regulate the interments therein; to provide for the regular building of houses or other structures and for making of division fences by the owner of adjacent premises, and a drainage of lots by proper drains and ditches; to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town; to preserve peace and order therein, and for this purpose the said mayor or mayor pro tem. shall appoint, when necessary,

Page 720

a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all officers appointed by the mayor and council, and to fix their terms of office and compensations, require and take from them bonds, when necessary, payable to the Town of Lincolnton in its corporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duty; to direct or authorize or prohibit the erection of waterworks, gas works, electric lights of said town; to prevent injury to or pollution of same or to the same or to the water or healthfulness of said town; to make such rules and regulations as they may deem proper, regulating the running of locomotives or cars, automobiles or motor cars or trucks, whether run by steam, electricity, or other power; to enact ordinances providing for the inspection and taxation of the delivery within the incorporate limits of said town, of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership or by any other person or persons, directly or indirectly, and to enact ordinances providing for penalty for violating same. Said town is further authorized to regulate and provide for the weighing of cotton, corn, hay, coal, and other articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for protection of the inhabitants of said town against small-pox and other contagious or infectious diseases, or for the care of those who may have such diseases or suspected of having them. Sundry powers. SEC. 15. BILLS, HOW AUDITED. Be it further enacted, That all bills for supplies, for work done, for services rendered, or all other claims or demands of whatever kind and character against the said town shall be filed with the clerk and treasurer and by him referred to the chairman of the committee that incurred the expense or having in charge that particular branch of the business of the town. That no funds shall be paid out of the town treasury except the bill, account or other claim, as the case may be, being first approved

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by the chairman of the committee having charge of that particular department, and after said approval the treasurer of said town shall pay said bill upon the warrant of the clerk countersigned by the mayor, or mayor pro tem., if the mayor be absent or disqualified, and not otherwise. Audit of bills, payments, etc. SEC. 16. POLICE POWERSPENALTIES BY ORDINANCE. Be it further enacted, That said mayor and council shall have the power to prohibit, by ordinance, the keeping or maintaining of lewd women, or lewd houses, the keeping of any room or rooms for gambling, the pursuing of one's ordinary avocation on the Sabbath; from loitering or idling within the jurisdiction of said town. Police court of said town shall have jurisdiction to try persons for commission of any of said offenses committed within the limits of said town, and, upon conviction, punish offenders as hereinafter provided. The said mayor and council shall furthermore have full authority to punish by fine, imprisonment in guard-house or at labor upon the streets or other public works in said town. Lewdness, gaming, and loitering; punishment. SEC. 17. POLICE COURT. Be it further enacted, That there shall be in the Town of Lincolnton a court known as the police court of the Town of Lincolnton. Jurisdiction of said court shall extend to all offenses herein provided for, and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. Said police court shall be held by the mayor, and in his absence, disqualification or illness, by the mayor pro tem., at such times and places in the said town as in his judgment may be necessary. Said police court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard-house or chain-gang of said town for a term of not more than sixty days, either or all, in the discretion of said police court; that it shall not be necessary for the officers of said town in making arrest for an affidavit to be made or warrant to be issued to authorize any arrest for violations of the ordinances of said town. Police Court. Jurisdiction. Punishment.

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SEC. 18. PRACTICE IN POLICE COURT. Be it further enacted, That all trials in the police court of said town shall be held under such rules and regulations as the mayor and council may adopt. Trials. SEC. 19. PUNITIVE POWERS, ETC., POLICE COURT, CONTEMPTS, ETC. Be it further enacted, That the said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summons for witnesses, books, papers, in as full and complete manner as the courts in the State may now do; to punish as for contempt failure to obey its legal summons, or grant continuances under rules of law, to take bonds and recognizances for appearances at its session, and to forfeit the same under rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court; provided, that no fine for contempt shall exceed the sum of ten ($10.00) dollars, or imprisonment in the guard-house for more than five days. Contempts. SEC. 20. CERTIORARI AND APPEAL. Be it further enacted, That any person convicted in the police court of said town for violations of any of the ordinances or by-laws thereof, shall have right of certiorari to the Superior Court of Lincoln County. No appeal to the council or to the mayor and council shall be allowed in any case. Certiorari. No appeal. SEC. 21. MAYOR AND MAYOR PRO TEM. EX-OFFICIO JUSTICE OF THE PEACE. Be it further enacted, That the mayor and mayor pro tem. of said town shall have, in addition to their jurisdiction as municipal officers, the jurisdiction of justices of the peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said town's police jurisdiction it shall be the duty of the mayor or mayor pro tem., as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the court having jurisdiction of the offense. Mayor as justice of the peace.

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SEC. 22. FUGITIVE FROM JUSTICE. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the mayor or mayor pro tem. of said town shall be sufficient authority for escape, and punished not exceeding penalties hereinbefore provided. Fugitives; arrest, etc. SEC. 23. AD VALOREM TAX. Be it further enacted, That for the purpose of raising revenue to defray the ordinary expenses incident to the proper support and maintenance of town government, that said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town, and which is not exempt by State law, not to exceed one half of one per cent., but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and the laws of the State of Georgia. Tax ad valorem. Rate. Additional tax. SEC. 24. TAX-ASSESSORS. Be it further enacted, That the mayor and council of the Town of Lincolnton shall elect at their first or second meeting in each calendar year, three upright, discreet and intelligent persons, who shall be freeholders and residents of said town, as tax-assessors, who shall hold their office for one year, or until their successors are elected and qualified. Said tax-assessors may be elected from among the members of the town council, or from among other persons, and should any vacancy occur in said board of assessors, by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duties of the office of assessors, 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 Town of Lincolnton, and will make a true and just valuation of all property therein subject to

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taxation, according to fair market value, so help me God. Said oath shall be entered upon the minutes of said town. Tax assessors. Oath of office. SEC. 25. NOTICE TO PROPERTY OWNERS OF ASSESSMENT. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person, the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors, and specifying the property, the valuation of which has been increased. Notice of increased assessment. SEC. 26. APPEAL FROM ASSESSMENTS. Be it further enacted, That the tax-assessors may hear, during the progress of their investigation, such evidence as to the value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said town. Said appeal shall be substantially as follows: The undersigned, being dissatisfied with the action of the town assessors with reference to the valuation of his (or her) property subject to taxation in said town, comes within four days from the date on which the notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of said town (Signature)..... Upon filing said appeal with the clerk of said town, it shall be the duty of the mayor to fix a date upon which said hearing will be had and give the appellant five days' notice in writing of said hearing; notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing the mayor and council shall hear all legal and competent testimony and enter judgment accordingly. The appeal herein-before provided for shall be signed by the taxpayer, his agent or attorney at law. Appeal. Form of appeal. Hearing. SEC. 27. AGRICULTURAL LANDS. That all lands within the corporate limits of said town, which are used strictly for

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agricultural purposes, shall be returned for taxes as farming lands, and cut up in building lots or mapped out for town lots, the same shall be returned and taxed as town property. SEC. 28. STREET TAX. Be it further enacted, That every male person between the ages of twenty-one and fifty years, who has resided in said town thirty days shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, at such 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, at such times as the mayor and council may determine. Should any person liable to work the streets under this section fail [Illegible Text] refuse to do so, or to pay the said tax-assessors in lieu thereof, having received three days' written notice served upon him in person, or by leaving at his most notorious place of abode notice to do so shall be guilty of a violation of this section, and, on conviction in the police court of said town, shall be fined in the sum not exceeding twenty dollars, nor less than the amount of the street tax so assessed or by imprisonment in the guard-house, or by labor in the chain-gang in said town, not exceeding thirty days. Said mayor and council may pass such ordinances as they deem proper for the enforcing of this section. Street work or commutation tax. SEC. 29. STREET IMPROVEMENTS, ASSESSMENTS FOR. Be it further enacted, That the mayor and council of said town shall have the power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said town with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than two thirds of the cost of paving or otherwise improving the streets and sidewalks, including two thirds of the cost of curbing necessary, on the real estate abutting on such a street or sidewalk. Said mayor and council shall have the power and authority to assess one-third of the cost

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of grading, paving or macadamizing, constructing said drains, crossing or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and on third on the real estate on the other side of the street so improved. The real estate abutting on the street shall not pay more than two thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad having tracks running through or across the streets of said town shall be required to pave or macadamize or otherwise improve streets in such proportions as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessments against all real estate for the above purpose, as to them 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 improved, or according to the area of said property, either or all as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the town clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessments, which execution may be levied by the marshal or any policeman of the said town on such real estate, and, after advertising and other proceedings as in the case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sales shall vest absolute title in the purchaser. Said city marshal or policeman acting for him shall have authority to eject occupants and put purchasers in possession; provided, the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, stating the amount

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which he admits to be due, which amount admitted to be due, together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Lincoln County, and there tried and the issue determined as in cases of illegality filed for the purpose of delay only. The mayor and council shall have the power and authority to pave the whole surface of the streets, without giving any railroad or street railroad company or other property-holder occupancy of the street the option of having the space to be paved by themselves or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessment or abutting lands on street or sidewalk paving, curbing, macadamizing, grading or draining, shall have rank and priority of payments next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they in their discretion think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said town and to collect the cost thereof by execution against the adjacent property owners and railroad companies or other occupants of the streets or alleys of said town. Assessments for street improvements. Execution. Affidavit of illegality. Lien. SEC. 30. SPECIFIC TAXES AND LICENSES. Be it further enacted, That the mayor and council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc.; livery-stables, lots, drays and other vehicles, auctioneers, venders, master itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions, theatrical, histrionic, operatic performances and other like performances of all kinds, whether given in the theaters, opera houses, halls or other houses, or in tents, itinerant lighting-rod dealers, immigrant agents, peddlers of clocks, stoves, machines or other article of merchandise whatsoever, itinerant venders of any and all kinds of goods,

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wares, merchandise or other things, pool and bagatelle tables kept for public playing, every table, device or stand or place for the performance of any game or play, whether played with sticks, balls, rings, upon flying horses or contrivances, bicycles, vehicles or skating rinks, insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters or fish, vegetables, fruits, breads and other articles of food, contractors and builders, and all machinists or artisans, barber shops, pawn brokers and upon all and every establishment, business, calling, trade or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia, in the amount fixed by ordinance as a condition precedent to beginning or continuing in any business, trade, profession or calling for which any specific tax or license is required by said town by ordinance, and shall fail and refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in said town, and may be fined or imprisoned, in the discretion of the court, not to exceed double the amount of the tax for each day's violation of this ordinance. The provisions of this section shall apply to all persons, natural or artificial. Licenses and regulation of businesses. SEC. 31. REVOCATION OF LICENSE. Be it further enacted, That the mayor and council shall have the right to revoke at any time, without notice and without trial, any license that may have been issued by said town, prorating and returning the unearned portion of the fee or tax charged. Revolution of licenses. SEC. 32. FISCAL YEAR. Be it further enacted, That the fiscal year of said town shall be from January 1st to December 31st, from which and to which dates all license shall date. Should any person apply for license in said town for any business for which business a license is required, at any time after the fiscal year has begun, the mayor and council shall have the power and authority to require of such person the same amount as required for license for

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the whole year; provided, that no change in the same shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 33. MUNICIPAL IMPROVEMENT BONDS. Be it further enacted, That said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of the said public utilities, and public school buildings in the manner hereinafter provided, whenever said mayor and council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property, and they can not agree with the owners thereof as to compensation to be paid, they may take such property upon the following terms: Bond issues. SEC. 34. POWER OF CONDEMNATION; CONDEMNATION PROCEEDINGS. Be it further enacted, That the mayor and council shall cause to be served on such owner or owners, or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be used, the time and place, when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation of property. SEC. 35. CONDEMNATION, CONTINUED. Be it further enacted, That it shall be the duty of the mayor and council to appoint one freeholder; provided, that the owner or owners, or his or their agents, shall fail or refuse such freeholder, then the mayor and council shall appoint a second freeholder, and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath, faithfully to discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land, and render their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the town clerk. Should the first two freeholders as above provided for be unable to agree upon a third, then the said mayor and council shall likewise appoint the third freeholder. Assessment. and award.

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SEC. 36. APPEALS FROM AWARDS OF ASSESSORS. Be it further enacted, That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the Superior Court of Lincoln County. The mayor and council may, after payment to the owner or owners, or his or their agents, of the sum found by the assessors, proceed to appoint, lay off, straighten, or otherwise change said street, ward, alley or land pending an appeal by the owner or owners, of any land sought to be condemned for such purposes. Appeals. SEC. 37. BUILDING PERMITS, CONDEMNATION AND NUISANCES. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have the power to prevent the erection of any buildings within said town without the person or persons wishing to build first applying in writing to the mayor and council and obtaining a special written permit. Said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected. This applies to all buildings or structures, however insignificant the value of the building or structure may be when completed; and whenever in the judgment of the mayor and council any building or structure is dangerous to the life or health of the citizens. On proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails, a time to be determined by the mayor and council, then said mayor and council may likewise pass and enforce any 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 the same. Buildings. Permits. Nuisances. SEC. 38. TAXES, MUNICIPAL CLAIMS, ETC., HOW COLLECTED. Be it further enacted, That the mayor and council shall have full power and authority to enforce by execution the collection of any debt or claims due said town for taxes,

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licenses, rents, impounding fees, forfeitures for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts, and demands due said town; said execution to be issued by the clerk of said town and to bear attest in the name of the mayor against the property, person, corporation or firm against which or whom any such debt or demand is owing, such execution to be directed to all and singular the marshal, deputy marshal, and policemen of the Town of Lincolnton, who are authorized to levy the same upon the property against which it is issued, or on the property of the person against whom such execution shall have been issued and the same shall be sold in the following manner, to wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws of sheriff's sales, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the day of sale, and if the property levied upon shall be real estate, he shall advertise the same, once a week for four weeks, in public gazette wherein the sheriff's sales are advertised for the County of Lincoln or in some newspaper published in the Town of Lincolnton, before selling the same. All sales as above prescribed shall be at public outcry, to the highest bidder, and for cash. Said marshal or deputy marshal making such sales shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of this State have. Executions for taxes, etc. Levy and sale. SEC. 39. CLAIMS AND ILLEGALITIES. Be it further enacted, That when any execution shall be sued and levied as provided in the preceding section, claims or illegalities may be interposed under the same rules and regulations as are now provided for by the law for claims and illegalities under tax fi. fas. for State and county taxes, such claims or illegalities

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to be returned to and heard at the Superior Court of Lincoln County. Claims, and Illegality of executions. SEC. 40. PUBLIC SCHOOLS. Be it further enacted, That the mayor and council of said town may provide by ordinance such rules and regulations as to them may seem proper in order to establish and maintain a system of free schools in said Town of Lincolnton, that all fees, forfeitures and costs arising from the police court of said town to be used for school purposes, or for the improvement of the streets of said town, or other purposes. Public schools. SEC. 41. ELECTIONS FOR SCHOOLS. Be it further enacted, That the ordinary of Lincoln County may order an election in the Town of Lincolnton, within six months after the approval of this Act, or at any subsequent time upon the petition of one-fourth of the qualified voters of said town, and upon the application of the mayor and councilmen of said town in reference to the establishment of a free school system as provided for in the foregoing section of this Act. All persons voting at said election shall have written or printed on their ballots: For free schools, or Against free schools, and if the question shall be decided affirmatively by a two-thirds majority, this Act shall become operative, and the mayor and council shall proceed to establish said schools in accordance with the same. Election. SEC. 42. DRAINAGE AND SEWERAGE SANITATION. Be it further enacted, That said mayor and council shall have power and authority by ordinances 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 town, or outside corporate limits of said town, if such be necessary to the public welfare; provided, before so doing they shall regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the State. Drainage, sewerage, etc. SEC. 43. SANITATION. Be it further enacted, That said mayor and council shall have full power and authority to

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require the owners of any improved property, his or their agent or tenant in possession, to provide suitable privy or water-closet accommodation upon such premises as may be prescribed by ordinance by the said mayor and council. Sanitary requirements. SEC. 44. QUARANTINE. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious or infectious diseases in said town. Quarantine. SEC. 45. BOARD OF HEALTH. Be it further enacted, That said mayor and council shall have authority in their discretion to establish and put into operation a board of health, and to pass all ordinances and regulations, prescribing penalties for violation of same, necessary for the purpose of maintaining such board of health, and providing penalties for such violation, to prevent the spread of any contagious or infectious disease; also to have complete control of persons who have been exposed to contagious or infectious diseases; and to make any and all necessary arrangements for the protection of the inhabitants of said town. Board of health, and regulations. SEC. 46. PRISON AND CHAIN-GANG. Be it further enacted, That the mayor and council of said town shall have the power to establish a guard-house and work-gang in said town and confine at labor there any person who has been sentenced by the court of said town to confinement in the guard-house or to work upon the streets, sidewalks, or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work-gangs and enforce the same through its proper authorities. Guard-house and work-gang. SEC. 47. PUBLIC UTILITIES AND FRANCHISES. Be it further enacted, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railway, waterworks, gas works, electric light wires, lines and systems, or they shall have the right and power to

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grant right-of-ways to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said mayor and council may prescribe; provided, the said mayor and council shall not grant any franchise or easement for a longer period than thirty (30) years. Public utilities [Illegible Text] franchises. SEC. 48. MUNICIPAL BONDS. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said town in such sums and to such times as they shall see proper, not to exceed in the aggregate at any time the sum of twenty thousand dollars ($20,000.00) and in such denominations and in such amounts as they see fit; said bonds not to be at interest at a rate in excess of seven per centum per annum, and to run a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of maintaining and operating a system of waterworks, system of electric lights, a system of public schools and the erection and finishing of the necessary buildings for such schools and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said mayor and council may determine to be for the best interest of the town; provided, however, that said bonds shall not be issued for the above said purpose until the same have been submitted to vote of qualified voters of said town, and approved by two-thirds majority of the qualified voters in said town voting in such election. Bond issues. Purposes. SEC. 49. ELECTION FOR BONDS. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purpose hereinbefore provided, of which election, there shall be given thirty days' notice by publication in the organ in which legal advertisements

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of Lincoln County are published, or in some paper published in the Town of Lincolnton, and also by publishing a written notice in three public or conspicuous places in said town, stating the day of election, the amount of bonds to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semiannually, and when the bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same person and in the same manner and under the same rules and regulations as for mayor and council; same qualification of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words, For bonds, or Against bonds, and unless for bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if for bonds shall receive a two-thirds majority, said bonds may be issued. Election for bonds. Ballots. SEC. 50. TAXES TO PAY BONDS. Be it further enacted, That should the mayor and council determine, in accordance with the provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Bond tax. SEC. 51. EXISTING PROPERTY AND ORDINANCES. Be it further enacted, That said town in its incorporate name shall have, own and possess all property of whatever description now owned by the Town of Lincolnton as at present incorporated,

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and shall keep up and maintain and operate the present public utilities operated in said town until other plants shall have been provided; that all debts, contracts and obligations of every description now owing to or by said Town of Lincolnton as at present incorporated shall inure to or become chargeable against the Town of Lincolnton in its corporate name and capacity under this charter, as under this charter incorporated; that all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the mayor and council of the Town of Lincolnton, as at present incorporated, not in conflict with this charter and now of force, are hereby made of binding force and effect in the Town of Lincolnton as hereby incorporated, until the same shall have been repealed or superseded by ordinances, rules and regulations adopted by the Town of Lincolnton under this charter. Existing ordinances, contracts, debts, and property. SEC. 52. CHARTER DEFENSES, PROTECTION OF OFFICERS. Be it further enacted, That any officer of said corporation of the Town of Lincolnton, who may be sued for any Act or thing done in his official capacity, may be justified under this charter, and that the provision of this charter may be pleaded, and shall be a full defense to any action brought against the mayor and council of said town, or either of them, for any act done by them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Officers; defenses hereunder. SEC. 53. COMMON JAIL. Be it further enacted, That until a guard-house is established in said town, the mayor and council are authorized to use the common jail of Lincoln County as a place of confinement for violators of the town ordinances, including those guilty of contempt of court, and those under arrest accused of violating the ordinances of said town, unless bond is given as is hereinbefore provided. Before said common jail shall be used as aforesaid, the mayor and council of said town shall make satisfactory arrangements therefor with the proper authorities. Jail. SEC. 54. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. LULA; CLOSING OF ATHENS STREET. No. 15. An Act to amend an Act approved August 23, 1905, providing a new charter for the Town of Lula, in the County of Hall, so as to vest in the mayor and council of said town additional authority and power to enable said mayor and council of the Town of Lula to close the street in said town known as Athens street, or any portion 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 the Act of the General Assembly of the State of Georgia, approved August 23, 1905, providing a new charter for the Town of Lula, in Hall County, Georgia, be and hereby it is amended as follows: That in addition to the powers conferred by said Act the mayor and council of said Town of Lula shall have full power and authority to close the street of said town known as Athens street, and to discontinue its use as a thoroughfare, or any portion thereof at such point or points as may be determined by the said mayor and council by proper action at a regular or called meeting. Act of 1905 amended. Closing of street. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. LYTLE, CITY OF, INCORPORATED. No. 167. An Act to incorporate the City of Lytle, in the County of

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Walker; to define the corporate limits thereof; to provide for election and appointment of officers for the same; to prescribe their powers and duties and the manner of their election; to provide for the levying and collection of taxes; to create and maintain city schools, water and sewerage system, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the City of Lytle, in the County of Walker, State of Georgia, be and is hereby incorporated under the name of The City of Lytle. Corporate name. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be as follows: Beginning at the northeast corner of E. N. Wagner's lot; thence running north with the Crawfish Spring or Dry Valley Road to a point east of the Lytle Supply Company; thence west with public road leading west on south line of said Supply Company property, to the north and south lines between land lots Nos. 171 and 172; thence south with said line to the east and west line between lots Nos. 189 and 190; thence south 1,845 feet; thence east 2,160 feet; thence north 210 feet; thence east 550 feet to point of beginning. Territorial limits. SEC. 3. Be it further enacted that the municipal officers of said city shall be a mayor, five councilmen, recorder, marshal, tax-collector, clerk and such officers as may be appointed by the mayor and councilmen of said city acting concurrently or by the mayor with the advice and consent of a majority of the council may deem necessary for the good order, government and welfare of said city, and shall prescribe the duties and compensation of such other officers. Mayor council, and officers. SEC. 4. Be it further enacted, That the mayor and council of said city, until next regular annual election for officers of said city, shall be D. B. F. Selman, mayor, D. G. Elder,

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T. M. Webb, H. Brummet, H. H. Miller, and G. L. Coin, council, which annual election shall be held on first Saturday in December, 1917, at which election all voters who own real property within corporate limits who are qualified to vote for members of General Assembly shall be entitled to vote in said election. In said election there shall be elected a mayor, five councilmen and a recorder, whose terms of office shall be until next general election, or until their successors are elected and qualified; other officers named above shall be appointed by the mayor and council in manner above set forth. First Saturday in December each year shall be annual elections. Mayor and council. Election of officers. SEC. 5. Be it further enacted, That the [Illegible Text] of said city, or in his absence from the city, or inability or disqualification, the mayor pro tem., shall try all crimes, violations of rules and ordinances in the first instance, whose decision shall be final, with the right of appeal within four days to city council, from whose decision the right of certiorari shall lie. Said mayor shall have power to hold courts of inquiry and bind over and assess bail for State offenses, and collect therefor cost allowed in such cases in the courts of Georgia, with fees to be governed and paid pursuant to State law. Said mayor and council shall have control over all streets, alleys, sidewalks and other property of every character of said city and be closed with right to change, alter or make streets, alleys, driveways or other ways of travel or use to said city, with the further right to use and condemn private property for public use, etc., and have as mayor and council all powers given them by general law. The mayor and council, or mayor pro tem. and council, shall fill by appointment all vacancies in any office of said city caused by death, resignation or otherwise, whose appointment shall be good till next regular election. The mayor shall not vote in cases of appointment if such vote case would produce a tie. The mayor shall name all committees that may be provided for by rules or by-laws or ordinances. Said mayor shall have the right to veto the passage of any rule, ordinance or by-laws or franchise, whose veto shall only be overridden by

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four votes of council. Mayor pro tem. shall have like powers with mayor. Duties, powers, and rights. SEC. 6. Be it further enacted, That said mayor and council shall have the right to, in any manner aforesaid, grant licenses, franchises, rights of way, easements, etc., to individuals or corporations; provided, such grants do not conflict with laws of Georgia. Said officers aforesaid shall have power to levy and collect taxes and revenue to support and maintain said city, to levy and collect such taxes as do not now exceed the rate fixed by State law, and shall further have authority to enforce collection of said tax by execution as now provided by general law. Said city in manner aforesaid, through proper officers, shall provide, or have the right so to do, a direct road or a commutation tax and enforce same by imprisonment in city jail or work on streets; provided, however, that no defaulter shall be imprisoned or worked on said street for a greater time than three days for each day defaulted. The time of said road service or street work shall be no greater than same number of days obtaining in county with rights for emergency work as governed by State law. The city recorder shall by virtue of his office be treasurer and tax-collector of said city and shall enter into such bonds payable to mayor and council as they may require and whose compensation shall be fixed by mayor and council in manner above set out. Said mayor and council may appoint a board of tax-assessors, board of health, and prescribe the duties and compensation, if any, of each. Said city may create and maintain a chain-gang and conform to State laws upon same. Franchises and easements. Taxes. Street work. Recorder's duties. Assessors. Chain-gang. SEC. 7. Be it further enacted, That the mayor and council shall prescribe rules, by-laws or ordinances, and shall have power to punish for all violations of laws and ordinances where not in conflict with State laws, and have power to punish by fine or imprisonment for contempt of municipal court, the manner of conducting trials for offenses, whether warrants or affidavits of accusation shall issue, or such manner as they deem prudent. The mayor of said city

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shall sign all warrants, writs, executions, etc., and processes and the city marshal shall serve and execute same. Should offenders be caused to labor on said streets or property as above provided, said offenders shall be in custody and control of said marshal, which marshal shall be under control at all times, officially, of said mayor and council. All prisons and prisoners in said city shall be in manner aforesaid. All fines and forfeitures shall go into and belong to the general city funds. Said mayor and council shall make and adopt all by-laws, rules and regulations as they deem necessary for the enforcement of good city government. The recorder shall be ex-officio secretary of council and shall, with mayor, sign all by-laws, ordinances and rules. Any male person of legal age who would be a qualified voter in annual election in said city shall be eligible to hold office in said city. No one shall vote in said election who does not reside in said city bona fide for six months prior to election, or own property as mentioned above. Punishment, power of. Sundry provisions. SEC. 8. Be it further enacted, That said officers for said city have the right to quarantine against infectious or contagious diseases; to create and maintain a sewerage, light and water system; to have fire department and to levy a tax to create and maintain same; to permit, by franchise, corporations or individuals to create and maintain any one or more of the above systems on such terms as said city may adopt. Should said city create same, it shall first be necessary to order and hold an election for same, which election shall be ordered by the mayor, thirty days' notice being given by advertising in some county gazette before said election can be held, and all qualified voters shall vote For sewerage, light and water, as the case may be, and those against, Against sewerage, light and water, and two-thirds of those voting shall be sufficient to carry said issue in the affirmative. Said mayor and council shall have the right to build and maintain sidewalks and to cause the abutting owners to erect and maintain them, and to levy without consent of people a revenue therefor, and assess abutting owners for such and collect by execution amounts due for such. In the election for sewerage, light and water,

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per cent. to maintain said sewerage, light and water shall also be printed on said tickets. Health regulations; and other powers. SEC. 9. Be it further enacted, That said officers shall have power to fix all rates of all taxes and street or road duty and fine in said city, except as provided in section 8 of this Act; and to eject trespassers, remove and abate nuisances in manner as provided by general law. Shall have the right to fix all general and special taxes for said city as may be deemed necessary for such city government and to do all special and general acts as not prohibited by Constitution and laws of this State, etc., and not inconsistent therewith. The oath of office of each officer shall be as prescribed by by-laws or ordinance. The authority to take this oath of office and to act shall be upon the certificate of three managers of the annual election, which managers shall be any three freeholders of said city of legal age, who may be appointed to hold such election by mayor and council, or if mayor and council do not nominate managers, then the justice of the peace of the city or district G. M. may appoint the managers, or in his absence or refusal, then notary public may appoint. Elections to open at eight (8) A. M. and close at four (4) P. M. Taxes, etc. Nuisances. Oath of office. Election managers. SEC. 10. Be it further enacted, That all executions shall be directed to all and singular the marshals of said city and constables and sheriff or his deputy. That December 20th of each year shall be the last day in which to pay city taxes for the year, and all executions for collection of taxes shall issue as soon thereafter as mayor and council may fix; cost and fees for collecting taxes shall be done as if in a justice court with like fees, costs, etc. Executions for taxes. SEC. 11. Be it further enacted, That said city shall have the right to sue and be sued; plead and be impleaded; with the right to issue bonds for city purposes; to contract; to accept grants or gifts; to buy and sell property for city uses, either inside or outside city limits. General powers. SEC. 12. Be it further enacted, That said mayor and council shall have the right to require that stock of any

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kind, every character, be kept up, and to impound the same in manner as general law provides or to require that none be kept up, in the discretion of said officers, and to make any and all by-laws and regulations not illegal or inconsistent with general law of this State, or any individual rights thereunder. Conduct and control of said city shall be and is vested in mayor and council, with right to abate all nuisances, to permit shows, parks or works at all times as may to them seem best. Impounding of live stock. SEC. 13. Be it further enacted, That the mayor and council named herein may take the oath of office at once before any officers of county authorized to administer oaths. Oath of Office. SEC. 14. Be it further enacted, That all levies of taxes shall not exceed one per centum on the assessed tax valuation for general purposes and one-half of one per cent. in addition to above for special purposes; provided, however, any amount may be levied and collected for establishing light, water, or sewerage systems; provided, in no instance shall a greater rate than ten per cent. of assessed taxes in said city, and no bond issue shall exceed ten per cent. of the value of property in said city, be levied, using assessed tax values as basis. In case special elections for any of aforesaid purposes shall be called the mayor of said city shall call, by advice of council, said elections as aforesaid in this Act. Tax rate. SEC. 15. Be it further enacted by the authority aforesaid, That said City of Lytle shall have the right to inaugurate at any time a system of public schools to be in force in said city, and upon and first submitting to the qualified voters of said city in an election called as provided in a previous section the question as follows: For public schools in Lytle, Georgia, and Against public schools in Lytle, Georgia, and a majority of those voting shall be sufficient to carry For public schools. It shall also be lawful for said city to vote on the question of issuing bonds for Public schools, and vote for bonds in an amount not exceeding what law of Georgia permits, which election on bonds shall be held in manner as other elections in said city,

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but requiring a two-thirds of those voting to carry for bonds. Tickets in said bond election shall be on separate tickets, For bonds for public schools, bonds to be validated as general law now requires. That when said public school system is voted in, on above directions, officers of said public schools shall have the right to draw direct from State funds the pro rata (to deal direct with the State Department of Education) part per capita as regulated by State Department of Education, and that said school system shall be controlled by trustees, and any qualified voter shall be eligible as trustee, who shall be appointed by mayor and city council and whose appointment shall be for and during the term of one year each, unless said city authorities shall desire to appoint for a longer time, in which event an appointment shall be for a term not exceeding three years for each trustee; provided, all vacancies shall be filled by council as aforesaid. Five trustees shall be appointed to govern said school, who shall elect a chairman, secretary and treasurer and any other officers which said board of trustees may deem best. That said school system shall have all powers given by State law to fix incidental fees, matriculation fees and any and all matters touching the legal government of said school, which shall have right to tax and assess and collect a rate not greater than one-half of one per cent. and as law of Georgia now provides, and said system shall be clothed with all legal powers necessary to carry into effect said system and being in legal accord with laws of this State. Public schools. Election. Trustees. SEC. 16. Be it further enacted, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1917.

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MACON HEALTH OFFICER; CLOSING OF ALLEY; PLAYGROUND COMMISSION, AND TERRITORY REDUCTION. No. 211. An Act to amend the charter of the City of Macon, so as to abolish the board of health, and create in lieu thereof a health officer; to close a public alley of the City of Macon; to create playground commissioner; to change the incorporate limits of the City of Macon, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the City of Macon is amended in the following particulars, to wit: That that section of the charter of the City of Macon dealt with in chapter IX of said charter, as shown by the official code of the City of Macon embracing sections 55 to 64, both inclusive, be and the same is hereby repealed. Charter of Macon amended. Be it further enacted by authority aforesaid, That in lieu of said chapter IX creating a board of health, there is hereby created a health department of said city, which shall be presided over by one official elected by the mayor and council of the City of Macon, whose term of office shall be for the period of two (2) years. Said officer shall have under his care and immediate supervision everything pertaining to the health of said city. Said officer shall have as his subordinate officers the sanitary inspector, the meat inspector, the milk inspector, the food and plumbing inspector, and the city's bacteriologist, all of whom shall constitute his board of advisors, and each of whom shall be answerable to said health official for the faithful discharge of his duties. The said health officer shall report to the mayor and council any act or acts on the part of any one or more of his official board, which, in the judgment of said officer, merits the discharge of such official, and the mayor and council shall have authority to discharge such official or officials upon proof submitted, either of incompetency, failure

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to discharge their duties, or misconduct in office. The said health officer shall have an office at the city hall, and be paid such a salary as may be fixed upon by the mayor and council of said city from time to time. Health department. Officers and subordinates. Be it further enacted, That said health officer shall conduct his office under such rules and regulations as may be adopted from time to time by the said mayor and council, either in the form of ordinances or of resolutions. Rules, etc. Be it further enacted, That said health officer shall be authorized from time to time to make such suggestions as he may deem wise and expedient to the said mayor and council of the City of Macon, looking to the passage of such rules and regulations or ordinances, as will best promote the purposes for which this department is created. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, That the charter of the City of Macon is further amended so as to authorize the mayor and council of the City of Macon to close up the alley that is supposed to run through square ninety-six (96), a distance of one hundred and twelve and one half (112 1/2) feet, more or less, said alley never in fact having been actually open to the public, although it appearing upon the original plan of the City of Macon in laying out square ninety-six (96) of said city, same to extend from Arch street through said square ninety-six (96) to Oglethorpe street. Full authority is given to the mayor and council to completely abolish said alley and incorporate the land in the surrounding property so that said alley can not exist through said square. Closing of alley. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Macon is hereby vested with full power and authority to create and establish by ordinance a commission to take charge of and manage the various playgrounds in the City of Macon, and prescribe the powers and duties of such commission, the terms of office of commissioners, and the compensation, if any, to be paid each, providing that said commission shall never have

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authority to bind the City of Macon, by contract or otherwise, for any amount in excess of the annual appropriation (if any) made by the mayor and council to such playground commission. Playground commission. Be it further enacted by authority aforesaid, That said charter be amended by cutting out of the incorporate limits of the City of Macon the following described territory, to wit: Starting at a point where the county lot line, which runs between lots seventy-five (75) and seventy-six (76), intersects the south line of Main street or Milledgeville road, and running along the south line of said street or road one thousand and eighty (1,080) feet to a point where it intersects the east line of Reese street; thence, angle left sixty-five (65) degrees and sixteen (16) minutes and running along the east line of Reese street thirty (30) feet to the center line of Broad street; thence, angle left ninety (90) degrees and fifty (50) minutes and running along the center line of Broad street one thousand and twenty-three and five-tenths (1023.5) feet to the east line of Short street; thence, angle left ninety (90) degrees and fifty-six (56) minutes and running along the east line of Short street four hundred and sixty-two (462) feet to the south line of Milledgeville road or Main street; thence, angle left sixty-six (66) degrees and fifteen (15) minutes and running along the south line of Main street or Milledgeville road to starting point. Territory taken from city limits. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 20, 1917. MANCHESTER CORPORATE POWERS EXTENDED. No. 75. An Act to amend an Act approved August 16, 1909, entitled an Act to incorporate the City of Manchester, in the Counties of Meriwether and Talbot, and State of

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Georgia; to define its corporate limits; to provide a charter therefor; to provide for a municipal government of said town; to confer certain powers and privileges on same; to name the mayor and councilmen of said town, and to provide for the election of the same, and for other purposes, to enlarge and extend the powers of the City of Manchester, and the mayor and council of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the above-recited Act be amended by adding the words and beyond immediately after the word within, where it appears at the end of the 22nd line of said section of said Act, as it appears in the published Acts of 1909, and just before the word the, which is the first word in the 23rd line of said section of said Act, so that said section when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory hereinafter described be and they are hereby incorporated under the name and style of the City of Manchester, and by that name shall be hereby invested with all of the rights, powers and privileges incident to municipal corporations in this State, and the said City of Manchester, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and council may seem best, and which shall be consistent with the laws of the State of Georgia, and the United States. And the said City of Manchester shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, and heriditaments,

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of what kind or nature soever, within and beyond the limits of said city, for corporate purposes. Act of 1909 amended. Read. Corporate name and powers. SEC. 2. Be it further enacted by the authority aforesaid, That the said Act be amended by striking out the whole of section 15, and inserting in lieu thereof the following: Section 15. Be it further enacted by the authority aforesaid, That any policeman of said City of Manchester shall release any person arrested upon said person giving a bond to be approved by the mayor, mayor pro tem., or chief of police, or any person performing the duties of the last aforesaid officers of said city, conditioned to pay the obligee in said bond an amount fixed by the said bonding officer in the event said person arrested does not appear before the corporate authorities of the said city at the time and place specified in the bond, and from time to time until the said person arrested is tried for the offense for which he or she was arrested. And should such person fail to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the mayor's court of the said City of Manchester, as the mayor and council may by proper ordinance provide. Said mayor and council shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and to take such bonds to secure their attendance, and to take and receive of parties such bonds as may be necessary to secure their attendance or compliance with the orders or sentence of the court, and to forfeit said bonds before the mayor's court and to pass ordinances to carry these provisions into effect. Appearance bonds. Fortfeiture. Witnesses. SEC. 3. Be it further enacted by the authority aforesaid, That the said Act be amended by striking out the whole of section 38, and inserting in lieu thereof the following: Section 38. Be it further enacted by the authority aforesaid, That the said City of Manchester shall have the power and authority to contract for and purchase lands, easements, riparian rights, rights of way, water, water rights, watercourse or watercourses, or any part of such waters and all other rights in property, real and personal, to be used in the construction, erection, extension, use and maintenance

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of waterworks, lighting, gas, heating, power, sewerage systems and all other public utilities, which power shall extend to lands, easements, riparian rights, rights of way, water, water rights, watercourse, watercourses, or any part of such waters and all other rights in property, real and personal, either within or beyond the corporate limits of said city, and the said city for the same purposes shall have the power to condemn lands, easements, riparian rights, rights of way, water, water rights, watercourse, watercourses, or any part of such waters and all other rights in property, real and personal, for such distances and in such directions, either within or beyond the corporate limits of said city as the mayor and council may determine to properly construct, install, maintain, use and operate said waterworks, lighting, gas, heating, power, sewerage system and all other public utilities. And the said City of Manchester shall have the power and authority to rent, lease, assign, sell and convey any and all property, real and personal, within and beyond the limits of said city, which the said city may receive, own or acquire. The said City of Manchester shall have the power, right, easement and franchise of laying, constructing, erecting, extending and maintaining its mains, pipes, conduits, drains, poles, wires and all other equipment for waterworks, lighting, gas, heating, power, sewerage systems and all other public utilities along, in, on, through, above, under, and across the highways of the Counties of Meriwether and Talbot without cost, and shall have full power and authority to enact and enforce such rules, regulations and ordinances as the mayor and council of said city may deem necessary to protect the water basin and watershed from contamination, and protect the said waterworks, lighting, gas, heating, power, sewerage system and all other public utilities, including the mains, pipes, conduits, drains, poles, wires and all other equipment, whether the same may be within or beyond the corporate limits of said city by ordinance, and punish violations of the same. The said City of Manchester shall have the power to operate waterworks, lighting, gas, heating, power, sewerage systems and all other public utilities

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within and beyond the corporate limits of said city, and to sell, furnish, and deliver water, lighting, gas, heating, power and any and all other substances, products, articles and commodities of what kind soever, owned, made, manufactured, produced, bought, handled, received, or acquired by the said City of Manchester, within and beyond the corporate limits of said city, collect for same, and make contracts therefor. Public utilities, powers as to. SEC. 4. Be it further enacted by the authority aforesaid, That said Act be amended by adding to it the following sections, to wit: Section 45. Be it further enacted by the authority aforesaid, That if an election held in and for said city is contested, notice of the contest shall be filed with the ordinary of Meriwether County, setting forth the specific grounds of contest within three days after said election has been held, and said ordinary shall within two days after he receives said notice cause a copy of the same to be served by the sheriff or his deputy on the contestee and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice thereof to be served on the mayor and clerk of the council of said city. The ordinary shall fix the time of hearing said contest, which shall not be later than twelve days after said election has been held, of which time both parties shall have five days' notice before the hearing, and the contest shall be held in the county court-house of Meriwether County. Said ordinary is authorized to and shall determine any contest, and the losing party shall pay all cost, for which the ordinary shall issue execution, if necessary, to collect same. Section 46. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Manchester may in their discretion by giving ten days' notice call an election to determine whether or not the office of city recorder shall be created. The last registration list of qualified voters in said city shall be used in said election, and the language of the ballots shall be, For City Recorder, and Against City Recorder. A majority of the votes cast shall determine the question; and when the office of city recorder shall be so created, the recorder shall be elected at

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the next regular meeting by the mayor and council of said city, and when so elected it shall be his duty 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 said court as the mayor now has or may have. When sitting at a recorder's court he shall have full power and authority to try all offenders against the ordinances of said city and impose such penalties for the violations thereof as may be prescribed by the ordinances of said city. He shall have the same power the mayor now has or may have to preserve order, fine for contempt of court, compel attendance of witnesses, issue warrants and such other authority as the mayor now has or may have for the purpose of governing and controlling said court and for the enforcement of the ordinances of said city. In any hearing before him where it appears from the evidence that a State offense has been committed, it shall be his duty to require the offender to give bond to appear at the proper court to answer such offense. No appeal shall be had from the recorder's court to the council of said city, but any person convicted in said recorder's court shall have the right of certiorari to the Superior Court of Meriwether County under the same rules and regulations as now govern petitions for certiorari from the decisions of the council of said city. Section 47. Be it further enacted by the authority aforesaid, That the time for holding said recorder's court and compensation of the said recorder shall be fixed by ordinance at the time of his election and when so fixed shall not be diminished or increased during the term for which determined. The said recorder when so elected shall hold his office until the next regular annual election of the mayor and council of said city, but may be removed at any time at the pleasure of the said mayor and council. He shall take such oath, and give such bond as the mayor and council may require. The clerk of said city shall act as clerk and treasurer of said recorder's court, and clerk shall not receive any additional compensation for such services. Section 48. Be it further enacted by the authority aforesaid, That the mayor and council of said city may also elect

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a recorder pro tem., who shall serve in the absence, inability or disqualification of the said recorder, who shall exercise the same power and authority and perform any and all duties as fully and completely as the said recorder while so acting. The said recorder pro tem. shall qualify in the same manner, and receive such compensation as the mayor and council may determine. The said mayor and council may, by ordinance, prescribe other duties and confer such other authority as they may deem necessary upon the said recorder or recorder's court. Section 49. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, such person may be apprehended wherever he or she may be found in this State, and the warrant of the recorder, recorder pro tem., mayor or mayor pro tem., shall be sufficient authority for his or her arrest, return and trial upon the charges resting against him or her. Said warrant may be served by any police officer of said city anywhere in the State or by any other arresting officer of this State, and should any person after trial and conviction of violating any of the ordinances of said city escape, such person may be apprehended wherever found in this State and the warrant as provided for in this section shall be sufficient authority for the arrest and return of such person, and all persons thus escaping from the custody of said city shall be tried for such escape and punished as provided by ordinance for such offense. Section 50. Be it further enacted by the authority aforesaid, That the mayor and council of said city may, in their discretion, elect a chief of the fire department, and as many firemen as they may deem necessary for proper protection against fires in said city, and may purchase and provide hooks, ladders, hose, carts, and all other paraphernalia and equipment that may be necessary for the proper conduct of the said fire department. Said chief and firemen shall take and subscribe an oath that they will faithfully discharge such duties as chief and firemen to the best of their ability. The chief shall examine all flues and chimneys in said city and discharge such other duties connected with his office

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when, and as required by the mayor and council of said city. The firemen shall perform such duties as may be required of them by the said mayor and council. The duties of the chief and firemen and their compensation shall be fixed by ordinance. Section 51. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to enact ordinances for the purpose of preventing the spread of contagious and infectious diseases, to declare and maintain quarantine regulations against such diseases, and to punish violations of any of the quarantine regulations. The said city shall have the power and authority to build or establish a pesthouse within and beyond the corporate limits of said city and for this purpose may buy, hold, condemn, lease, or receive real estate within and beyond the corporate limits of said city. The said mayor and council shall have the power to compel the removal to the pesthouse of any person who has the smallpox or any contagious or infectious disease when in their judgment it is best for the welfare and health of the said city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the said city to vaccinate all persons who are unable to procure said vaccination, and may pass necessary ordinances to enforce the provisions of this section. Section 52. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby empowered and authorized, by themselves or through a committee, to examine into the working of the business of any office or employee of said city, and the said mayor and council may investigate the conduct of any officer or employee of said city, either by themselves or through a committee, and, to properly conduct said examination or investigation, shall have the power to send for the person or papers of such officer or employee and compel their attendance upon said examination or investigation, swear witnesses and compel the production of books and papers of all other persons as they may deem necessary in said

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examination or investigation. Section 53. Be it further enacted by the authority aforesaid, That any officer of the City of Manchester who may be sued for any act or thing done or performed in his official capacity may be justified under the provisions of the charter of said city, amendments thereto and ordinances passed in pursuance thereof, and the same shall be a full defense to any action brought against such officer for any act or acts done or performed under and in accordance with the provisions of the said charter, amendments thereto and ordinances passed in pursuance thereof. Section 54. Be it further enacted by the authority aforesaid, That in the event the mayor, councilman, or any other officer of said city shall, while in office, be guilty of malpractice, wilful neglect in office or abuse of the powers conferred upon him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the council of said city and upon conviction shall be removed from office as provided for by ordinance. Section 55. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to control and regulate the running and operating of all street cars, vehicles and all power-driven machines and to prevent all noises emanating or arising from any source or cause whatsoever which may disturb the peace and comfort of any person within the corporate limits of said city, and to pass all ordinances necessary to carry out the provisions of this section, and punish violations of the same. Section 56. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to condemn any building within the fire limits of said city when in their judgment it becomes necessary for the health and safety of the inhabitants of said city, and when such building has been condemned the owner thereof shall be given the privilege of destroying or removing same beyond the said fire limits, and if he fails or refuses to do so within a reasonable length of time, the mayor and council of said city shall have the same removed, destroyed, or disposed of at the

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expense of the owner thereof, for which execution may be issued against the said owner. Section 57. Be it further enacted by the authority aforesaid, That the said City of Manchester shall have the power to use and employ for use in connection with its waterworks, lighting, gas, heating, power, sewerage system and all other public utilities any stream or streams of water, watercourse or watercourses or any part of such waters, within or beyond the corporate limits of said city which the mayor and council of said city may deem necessary; to use said waters by employing the same for power to run or move machinery, or for pumping through the water mains and distributing over the said city and for other purposes, making compensation therefor, and the said City of Manchester shall have the power to condemn any and all property, real and personal, as the mayor and council of said city may deem necessary for the purpose set forth herein. Section 58. Be it further enacted by the authority aforesaid, That the said City of Manchester is hereby authorized and empowered to condemn land for the erection of public buildings for said city, for parks, schools, fire or police uses and needs, and any and all other public purposes, within and beyond the corporate limits of said city in the manner provided by law for the condemnation of land for public use. Section 59. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall elect three upright and intelligent citizens of Manchester, of sound business discretion, to serve as a public utilities commission, one of which shall be designated chairman of said commission, and the said commission shall exercise a general supervision over the waterworks, lighting, gas, power, sewerage system and all other public utilities of said city, and make regular reports of the conditions existing at the said works, plants and systems to the mayor and council of said city, when so required. The chairman of said commission shall approve all pay-rolls and bills on account of said works, plants, systems and all other public utilities before same shall be paid. All labor on account of said works, plants, systems and all other public utilities

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shall be employed and salaries fixed by the said commission with the approval of the mayor and council of said city. The term of office of said commissioners, duties, powers, and privileges and also their compensation shall be fixed by ordinance. Section 60. Be it further enacted by the authority aforesaid, That the said City of Manchester shall have the power to build, equip, construct, install, maintain, use and operate an ice factory and coldstorage plant in connection with its waterworks and power plants for the purpose of supplying the demand for ice and cold-storage service within and beyond the corporate limits of said city, make contracts and collect for same, and make deliveries within and beyond the limits of said city, providing same has been ratified by a majority of all votes cast at an election for that purpose. Section 61. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to grant franchises, easements and rights of way in, through, across, above, under, over, and on the public streets, lanes, alleys, sidewalks, parks and all other property of said city upon such terms and conditions as they may fix; provided, that franchises shall not be granted for a period longer than thirty years, nor without compensation to said city, to be provided for by ordinance. Contest of election. Recorder. Election as to office. Recorder's election, duties, and powers. Certiorari; no appeal. Recorder's court. Term of office. Oath and bond. Clerk. Recorder pro tem. Fugitives from [Illegible Text] Escapes. Fire department. Duties. Health regulations. Examinations of offices, etc. Officer's defense hereunder. Impeachment for malpractice, etc. Regulation of vehicles. Condemnation of buildings. Water-courses for utilities. Condemnation. Public utilities commission. Ice factory, etc. Franchises, easements, etc. 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, 1917. MARIETTA STREET-PAVING ASSESSMENTS. No. 1. An Act to amend an 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 corporation, and for other purposes, approved August 15th, 1904, and Acts amendatory thereof, so as to authorize the mayor and council of

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said city to improve the sidewalks, streets, avenues, public alleys, other public places, or any portion thereof, in said city, by paving, repaving, curbing, recurbing, guttering, reguttering, draining, and redraining the same with such form of improvement as to them may seem proper, and assess the cost thereof against the abutting owners upon the petition of a majority of said owners for such improvement; to declare liens and authorize the issuance of execution against abutting properties and owners thereof for the cost of such improvement; also to install manholes, catch-basins, culverts and draining pipes, whenever in their discretion public necessity may require it; to provide that no cost for paving, repaving or improving any street intersection, or expense incurred for engineering, surveying, grading, installation of manholes, catch-basins, culverts or draining pipes shall be assessed against the abutting property or owner thereof, but shall be paid out of the general fund of said city or any special fund for street improvements; to provide for notice by advertisement pending the consideration of any ordinance for any of such improvements allowing all parties at interest a hearing before said mayor and council upon any objection offered against the passage of such ordinance; to require any party subject to such assessment to begin legal proceedings to prevent the same within fifteen days from the passage of an ordinance for such improvement against the owners or operators of any street-car company owning or operating street-cars upon track or tracks on a street where such improvement is had, for the cost of paving, repaving or improving the full width of sixteen feet of such street where they have two tracks and eleven feet where they have one track on said street; to provide for furnishing a statement to the abutting owners of such sidewalk or street, and street-car company, owners or operators of a track or tracks upon the street improved, of the cost of such improvement, and to provide

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a method for such owners or company to contest the amount of such cost by affidavit of illegality to the execution issued therefor, and to provide said affidavit as a remedy to such owners or company to contest the cost of any improvement that may be done by said mayor and council upon any street or sidewalk for the improvement of which such owner or company shall be liable for assessment; to provide when such assessments shall become due with the option to person, company or corporation liable therefor to pay the same in cash or one-fifth in cash and the balance in four equal annual installments bearing interest at the rate of seven per cent. per annum from date of ordinance authorizing such improvement, by giving notes for such deferred payments payable to said mayor and council; to provide for the transfer of any execution issued for any assessment by the marshal of said city and for the redemption of property sold under said execution; to provide that said Act shall not affect the paving and improvements now in course of construction; to authorize said city to require the construction of all sanitary sewers and connections in any portion of said city when the same shall have been ordained to be paved before such improvement is made, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the charter of the City of Marietta which was approved August 15, 1904, and the Acts amendatory thereof be and the same are hereby amended, so as to authorize and empower the mayor and council of said city to improve any sidewalk, street, avenue, public alley, other public place, or any portion thereof, in said city, upon petition therefor as hereinafter provided, by paving, repaving, curbing, guttering and draining the same, with such form of improvement as to them may seem proper, and assess the cost thereof upon abutting owners thereof, and any street-car

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company, corporation or person owning, operating or controlling a street-car track thereon. Act of 1904 amended. Street-improvement assessments. SEC. 2. Be it further enacted by the authority aforesaid, That the cost for paving, repaving or improving a sidewalk or portion thereof shall be assessed against the property owners abutting on said sidewalk or portion thereof paved, repaved or improved. Assessments. SEC. 3. Be it further enacted by the authority aforesaid, That the cost of paving, repaving or improving any street, avenue, public alley, or other public place or portion thereof, be assessed against the abutting property owners of each side of the street, avenue, public alley, or other public place or portion thereof so paved, repaved or improved, except that where a street-car company or other company, person or corporation has tracks on said street, avenue, public alley, other public place or portion thereof so improved, the company, corporation or person owning, operating or controlling the same under lease or contract shall be assessed for the cost of paving, repaving or improving said street, avenue, public alley, other public place or portion thereof for the full distance that such tracks extend along said street or public place of such pavement, repavement 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, repaved or improved. How made. SEC. 4. Be it further enacted by the authority aforesaid, That the assessment against each abutting owner under the provisions of this Act shall be pro rata and determined by the amount of the frontage of such owner upon the sidewalk, street, avenue, alley or other public place, paved, or repaved, improved or reimproved. Ratably to frontage. SEC. 5. Be it further enacted by the authority aforesaid, That said city is empowered to install and construct in or

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upon any street, avenue, alley or other public place, manholes, catch-basins, necessary draining pipes, including storm water drainage and culverts, whenever, in its discretion, the public necessity may require it, the cost of which, with such engineering, surveying and grading as the city may see proper to do, in or upon any street, avenue, alley or other public place, which it is hereby empowered to do, shall be paid by the city out of its treasury, and no part of such cost shall be included in the assessment provided for in this Act, nor shall any part of the cost for the improvement of a street intersection be assessed against an abutting owner, but such cost shall likewise be paid by the city, less the assessment made under this Act against the owner, operator or controller of street-car track or tracks located on such intersection. In cases where no track is located on such intersection the whole cost of improvement shall be paid by the city. Manholes, drain-pipes, etc. Cost not included in assessments. SEC. 6. Be it further enacted by the authority aforesaid, That no sidewalk, street, alley or other place shall be paved, repaved or improved, until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majorty of the persons, companies or corporations, or the owner or owners of a majority of the front footage of abutting property, subject to assessment for the cost of paving, repaving or otherwise improving the sidewalk, street, avenue, public alley, public place or portion thereof proposed to be paved or repaved; provided, that a sidewalk or any portion thereof on either side of any street or public place may be paved or repaved, improved or reimproved, including the curbing thereof, upon the petition of a majority of the persons, companies or corporations, or the owner or owners of a majority of the front footage of abutting property, who would be subject to assessment for the improvement of such street or public place; or upon the petition of a majority of all the abutting property holders, or the owner or owners of a majority of the front footage of abutting property, on both sides of

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any street or other public place for the improvement, as provided in this Act, of the sidewalk or section thereof on either side of said street or public place, the cost of which shall be assessed against the abutting owners of the sidewalk or section thereof so improved. Ordinances must authorize improvements, on petition, etc. SEC. 7. Be it further enacted by the authority aforesaid, That in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in interests of owners' undivided interests shall be counted as one person; provided, that in any case where the improvement is petitioned for by the owner or owners of a majority of the frontage of abutting property, such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Petitions. SEC. 8. Be it further enacted by the authority aforesaid, That the ordinance authorizing the paving, repaving, improving or reimproving of any sidewalk, street, avenue, alley or other public place under the provisions of this Act 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 ordinance an advertisement shall be inserted at least one time in the newspaper of said city in which the advertisement of sheriff sales in said county are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalk, street, avenue, public alley, public place or portion thereof to be paved, repaved 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 a meeting of said mayor and council to be held at a time stated in said advertisement and make any objection that they may desire to urge against the passage of such ordinance, and a copy of said advertisement shall be mailed

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to each person, company or corporation whose post-office address is known, fifteen days before said meeting for hearing objections. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting and after hearing objections, if any are made to the passage of such ordinance, said mayor and council shall have the right and power, in their discretion, to order such pavement, repavement or other improvement to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not, within fifteen days thereafter, begin 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 said mayor and 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 as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting upon such paving, repaving or improvement for the amount of the assessment, against the owner thereof, to date back to the approval of the original ordinance and declare the same at the time said ordinance is passed. Ordinances. Advertisement. Hearing. Conclusive presumption of assent. Lien. SEC. 9. Be it further enacted by the authority aforesaid, That after the adoption of the ordinance provided for in section 8 of this Act, a written statement shall be furnished by the clerk of the mayor and council of said city to each abutting owner, person, company or corporation subject to the assessment, herein provided for, showing his, her or its pro rata part of such assesment, and it shall be the duty of such person, company, or corporation, so notified, to pay said clerk within thirty days after the receipt of such statement, the entire amount of the assessment against such person, firm or corporation; provided,

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that any person, firm or corporation so notified shall have the right to pay the assessment so levied in five installments to be paid as follows: 20 per cent. within thirty days after the receipt of said notice and the remaining 80 per cent. in four annual installments of 20 per cent. each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of 7 per cent. per annum, payable annually, and to said mayor and council or order. The benefit of the payment by installment may be taken advantage of by any such property owner, company, or corporation by giving notes for the deferred payments as herein provided at the time of making the cash payment. In the event any property owner, company or corporation shall desire to pay the balance due under such assessment after exercising the option to pay installments as hereinbefore provided at 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. The notice for assessment herein provided for shall be served personally upon each of said property owners and each agent of such company or corporation residing within the limits of said city, and where such owner or agent is a non-resident of said city it will be sufficient service that said notice or statement be mailed to said property owner or agent at the last post-office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property by reason of which such assessment is made. Notice of assessments. Payments. SEC. 10. Be it further enacted by the authority aforesaid, That if any person or persons, company or corporation, shall fail or refuse to pay to the clerk of the mayor and council of said city, his, her or its assessment as required by this Act, at the expiration of the thirty days after the service of the statement, as provided in the preceding section, or in lieu thereof fully comply with the provisions of said section relating to the payment of such assessments, said clerk will be authorized to issue execution

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bearing test in the name of the mayor of said city, and specifying the improvement for which it is issued, against the owner and also the property of such owner abutting upon the sidewalk, street, avenue, alley, other public place or portion thereof, so improved, which execution will be a lien against such property from the date of the ordinance authorizing said improvement and bearing interest at the rate of seven per cent. per annum from the date on which it is issued. Said execution, when issued, shall be delivered to the marshal of said city, who shall execute the same by levying and selling the property described therein for the amount due, together with all cost that may accrue thereon. The law applicable to sales under other executions issued by said city shall apply as to the levy, notice, advertisement and sale made under said execution, and said marshal shall have authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Executions. Levy and sale. SEC. 11. Be it further enacted by the authority aforesaid, That 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. Notice of lien. SEC. 12. Be it further enacted by the authority aforesaid, That the marshal of said city shall be authorized to transfer and assign any execution issued under the provisions of this Act and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers under other executions issued by said city. Transfer of Executions. SEC. 13. Be it further enacted by the authority aforesaid, That any defendant in such execution or owner of

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property against which the same is issued shall have the right to file an affidavit of illegality, upon the ground that the same has issued or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount, so admitted, to be paid before said affidavit shall be received, and said affidavit shall be received for the balance), provided, that any such defendant, who has not within fifteen days after the passage of the ordinance authorizing such improvement, begun legal proceedings to prevent the assessment for the cost thereof, shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the clerk of the superior court where it shall be tried at the first term of the court under the law of this State that is applicable to the trial of illegalities, and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the supreme court as in cases of illegality originating from executions issued by the superior courts of this State. Illegality of executions. SEC. 14. This Act is intended to provide a complete method for improving streets in the City of Marietta, when the total cost thereof is to be assessed against abutting property and street railway companies, and all other Acts and parts of Acts relating thereto inconsistent with the provisions of this amendment are hereby repealed, except that this Act shall not affect the paving and improvements now in course of construction in said city. Intent of this Act. SEC. 15. The mayor and council of the City of Marietta 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. Ordinances. SEC. 16. Be it further enacted by the authority aforesaid,

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That all laws in conflict with this Act be and are repealed. Approved July 28, 1917. MARIETTA; REPEAL OF ACT OF 1914. No. 120. An Act to repeal an Act entitled An Act to amend an Act approved August 20th, 1906, entitled `An Act to authorize the mayor and council of the City of Marietta, in the County of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the City of Marietta, to be sold for the purchasing, establishing, maintaining, building, and acquiring a system of waterworks for said City of Marietta, and to authorize the issuing of said bonds, and the assessing, levying and collecting of a tax on all property, both real and personal, in said City of Marietta for the purpose of paying interest upon said bonds as well as the principal thereof, and for the purpose of creating the board of lights and waterworks, and making them a body corporate, to define their powers and duties, and for other purposes,' so as to provide further for the board of lights and waterworks to have the power and authority to levy and collect an annual sewer tax on each property owner or person who uses the public sewers of said city, and for other purposes; approved August 14th, 1914. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act approved August 14, 1914, entitled an Act to authorize the mayor and council of the City of Marietta, in the County of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the City of Marietta, to be sold for the purchasing,

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establishing, maintaining, building, and acquiring a system of waterworks for said City of Marietta, and to authorize the issuing of said bonds, and the assessing, levying and collecting of a tax on all property, both real and personal, in said City of Marietta for the purpose of paying interest upon said bonds as well as the principal thereof, and for the purpose of creating the board of lights and waterworks, and making them a body corporate, to define their powers and duties, and for other purposes, so as to provide further for the board of lights and waterworks to have the power and authority to levy and collect an annual sewer tax on each property owner or person who uses the public sewers of said city, be and is hereby repealed. Act of 1914 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 17, 1917. MAXEYS; SCHOOLS, IMPROVEMENTS, ETC. No. 245. An Act to amend an Act entitled an Act incorporating the Town of Maxeys, in the County of Oglethorpe, said Act approved August 22, 1907, so as to authorize the mayor and council of the Town of Maxeys to call an election and submit to the qualified voters of said Town of Maxeys the question of establishing and maintaining a public school system for said town; and for establishing and maintaining an electric light and waterworks system for said town; and to construct, grade and pave streets and sidewalks in said town; and to authorize the mayor and council of said Town of Maxeys to issue bonds for the construction and maintenance of said schools, building or buildings; and for the purpose of construction of said waterworks and electric light system; and for the purpose of constructing, grading and paving of said streets and sidewalks of said town; and

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to authorize the mayor and council of said Town of Maxeys to levy and collect a tax annually for the purpose of establishing and maintaining said public school system and said electric light and waterworks system; and for the purpose of constructing, grading and paving of said streets and sidewalks of said Town of Maxeys, and to authorize the mayor and council of the Town of Maxeys to apportion the cost of constructing, grading, paving and maintaining said streets and sidewalks in said town among the landowners affected by the construction, grading, paving and maintaining of said streets and sidewalks, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above-referred to Act of the General Assembly, incorporating the Town of Maxeys, approved August 22nd, 1907, be and the same is hereby amended as follows: Act of 1907 amended. SECTION 1. That there shall be established in the Town of Maxeys, of Oglethorpe County, a system of public schools, and the mayor and council of said town are hereby authorized and empowered to establish, devise, and design, adopt and maintain a system of public schools for said town, to acquire and hold, either by purchase, lease, or gift, property for such purposes, and to enact all reasonable rules and regulations for the government and operation of said system of public schools from time to time as may meet the requirements thereof, and as will not conflict with the laws and Constitution of the State of Georgia. Public schools. SEC, 2. Be it further enacted, That the mayor and council of the said Town of Maxeys, in addition to the taxes which they may now lawfully levy and collect under the charter of said town, shall have the authority to levy and collect an annual ad valorem tax upon all the taxable property, both real and personal, within the corporate limits of said town, sufficient to establish, support and maintain said public schools, erect school buildings, hire teachers, and for such other purposes as may be incidental to the establishment,

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support and maintenance of said school system; said taxes to be assessed, levied and collected in the manner to be prescribed by the law and such ordinances as may be hereafter prescribed by the mayor and council of the Town of Maxeys for the collection of such taxes, provided that the rate of said taxes shall not be more than five mills. School tax. SEC. 3. That the mayor and council of the Town of Maxeys shall have power and authority to establish and maintain a system of waterworks, and electric lights, or either, in said Town of Maxeys, for the purpose of furnishing and supplying its inhabitants and the town, as well as consumers generally, with water, lights, electric power facilities, or any or either of them, and said mayor and council shall have the power which may be necessary for such purposes, including the right and power to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the town territorial limits, and, if necessary, to condemn the same in accordance with the provisions of the laws of Georgia as found in sections 5206 et seq. of the Civil Code of Georgia. Said mayor and council shall have authority to make contracts for the purchase of plants, machinery, material, equipment, etc., and make contracts with the inhabitants of said town and with consumers generally for the furnishing of water, lights, electric power, or any or either of them and may charge and collect reasonable compensation for furnishing and supplying the same. They shall also have power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the town and the public with electric lights or power, water, or any or either of them, and to make such contracts with such person, firm or corporation for water, electric lights or power, or any or all of them, as may to said mayor and council seem proper; provided, further, that said mayor and council shall have all other and further authority as may be necessary to carry into operation the provisions of this section. Water, lights, etc. Condemnation of property. Franchises. SEC. 4. That the mayor and council of the Town of

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Maxeys shall have and they are hereby given power for paving and curbing the streets, alleys and sidewalks within the corporate limits of the Town of Maxeys, and for constructing such sewers and drains and gutters as they may deem necessary. Street improvements. SEC. 5. That the mayor and council of the Town of Maxeys shall have power and authority to assess abutting property owners such proportion of the costs for paving and curbing of the streets, alleys and sidewalks within the corporate limits of the Town of Maxeys, and for the construction of sewers and drains and gutters as they may deem necessary, and as may be deemed equitable and just by said mayor and council of the Town of Maxeys. Assessments of abutting property. SEC. 6. That the mayor and council of the Town of Maxeys shall have power and authority to assess any street railroad company or other railroad company traversing the streets or alleys within the corporate limits of the Town of Maxeys such proportion of the cost of paving and curbing any such streets or alleys as may be deemed just or equitable by the said mayor and council of the Town of Maxeys. Of railroads. SEC. 7. That the mayor and council of the Town of Maxeys shall have full power and authority to enforce collection of the amount of any assessment levied as aforesaid for any of the work aforesaid, either upon the streets, alleys or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner from the date of the ordinance making such assessment, any such execution being a lien on the real estate superior to all other liens save only tax liens, which executions may be levied by the marshal of the Town of Maxeys, on such real estate, and after advertisement and other proceedings as in case of tax sales, the same shall be sold at public outcry, to the highest bidder, such sale to take place before the door of the council chamber of the Town of Maxeys, and after advertising once a week for four weeks in the newspapers in the County of Oglethorpe in which sheriff's sales are published. Such sales shall vest

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title in the purchaser, and the town marshal shall have authority to put such purchaser in possession; provided, however, that the owner of such real estate shall have full right to contest any such execution by affidavit of illegality as in cases of illegality, such affidavit being returnable to the Superior Court of Oglethorpe County to be there tried and the issue determined subject to the penalties provided, as in cases of illegality filed for delay. Executions for assessments. Lien. Levy and sale. SEC. 8. That the mayor and council of the Town of Maxeys shall have full power and authority to make such contract or contracts for doing the work herein set out of paving and curbing the streets, alleys and sidewalks within the corporate limits of the Town of Maxeys and for constructing such sewers, gutters or drains as they may deem necessary, providing in said contracts the terms and conditions of payment for said work and incorporating therein all things needful for effectuating the work herein contemplated. Contracts. SEC. 9. That the mayor and council of the Town of Maxeys shall have full power and authority to prescribe by ordinance such rules as in their discretion may be deemed necessary for the accomplishment of the work therein contemplated, providing for the payment of the assessments levied upon abutting property owners or upon street-railroad companies or other railroad companies in a lump sum, or in quarterly, semiannual or annual installments, deferred installments to bear interest at the rate not to exceed seven per cent. per annum. Ordinances. SEC. 10. That the mayor and council of the Town of Maxeys, in addition to the taxes which they may now lawfully levy and collect under the charter of said town, shall have the authority to levy and collect an ad valorem tax upon all of the taxable property, both real and personal, within the corporate limits of said town, sufficient to construct and maintain the proportionate part of the said Town of Maxeys in the building and erection and construction and paving and curbing of said streets, alleys and sidewalks. Ad valorem tax.

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SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor and council of the Town of Maxeys may issue its bonds, either for the payment of its debts or for the public improvements of the nature and character outlined in the preceding sections or for any other permanent and necessary public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia which may now be in force or which may hereafter be enacted. Bond issues. SEC. 12. Be it further enacted by authority aforesaid, That before any of the improvements provided for by the provisions of this amendment shall be undertaken or put into operation that the same shall first be submitted to the qualified voters of the Town of Maxeys for their approval or disapproval, and a majority of the qualified voters of said town voting at said election shall determine and decide the same. The mayor and council of said town shall by proper ordinance provide for the submission of said question or questions to the qualified voters of said Town of Maxeys for their ratification or rejection. Submission to popular vote. 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 20, 1917. McRAE MAYOR AND ALDERMEN. No. 175. An Act to amend section four of the charter of the City of McRae, Acts 1909, page 1152, so as to provide for the term of office and time of election of the mayor and aldermen of said city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section four of the charter of the City of McRae, Acts 1909, page

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1152, be and the same is hereby amended by striking from said section the whole of the first sentence thereof, and substituting in the place of said sentence, the following: The term of office of the mayor of said City of McRae shall be for two years, and until his successor is elected and qualified, and that the first election for mayor under this amendment shall be first Tuesday in December, in the year 1917, and biennially on the first Tuesday in December thereafter; provided, however, that this amendment shall in no manner affect the term of office of the present mayor of the city of McRae. The term of office of each alderman of said city shall be two years, and until his successor is elected and qualified; except the term of office of three of the aldermen to be elected under the terms of this amendment at the first election hereunder, who shall hold office for one year only. The first election for aldermen under this amendment shall be the first Tuesday in December, in the year 1917, at which election three alderman shall be elected for a term of two years, and three aldermen shall be elected for a term of one year, and the three getting the most votes at said first election shall hold for two years. Thereafter on the first Tuesday in December annually three aldermen for said City of McRae shall be elected for a term of two years. Act of 1909 amended. Terms of office. 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 18, 1917. METASVILLE, TOWN OF, INCORPORATED. No. 8. An Act to incorporate the Town of Metasville, in the County of Wilkes; to define the corporate limits thereof; to prescribe for the election of officers; to prescribe their powers, duties, and compensation; to provide for the working of the streets in said town and the collection of taxes, and for other purposes therein contained.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Town of Metasville, in the County of Wilkes, be and is hereby incorporated under the name of Metasville, by which name it shall sue and be sued, plead and be impleaded. Corporate name. SEC. 2. Be it further enacted, That the incorporate limits of said town shall extend in every direction one mile from the post-office now located in said town, the said post-office being made the center of said town and its limits extending in a radius of one mile in every direction therefrom. Territorial limits. SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a mayor and four councilmen whose term of office shall be two years and who shall be elected by the qualified voters of said town; the first election of said mayor and councilmen to be held on the first Monday in December, 1917, and an election to be held each second year thereafter for the purpose of electing said mayor and councilmen. Said election shall be held and conducted as are elections for members of the General Assembly and any person residing in said town three (3) months prior to the time of an election and otherwise qualified to vote for members of the General Assembly shall be eligible as an elector. Mayor and council. Elections. SEC. 4. Be it further enacted, That the term of office of the mayor and councilmen shall begin on January 1st after their election, as prescribed in section 3 of this Act and they shall hold for two years, or until their successors have been elected and qualified. Term of office. SEC. 5. Be it further enacted, That W. B. Wansley shall act as mayor of said town from and after the passage of this act upon taking oath, before any person authorized under the laws of this State to administer an oath, to faithfully perform the duties of mayor of said town as provided

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in this Act until the 1st day of January, 1918, or until his successor has been elected and qualified; and that W. L. Candler, W. J. Garrett, J. G. Prather and W. S. Wolfe shall act as councilmen upon the same condition as prescribed for said mayor and upon taking an oath that they will faithfully perform all the duties of a councilman of said town as prescribed in this Act. Mayor and council named. SEC. 6. Be it further enacted, That said mayor and councilmen shall elect one of their council as clerk and also elect a marshal and shall pay such compensation to said clerk and marshal as they deem proper. Clerk and marshal. SEC. 7. Be it further enacted, That said mayor and council shall have authority to cause the roads, streets and lanes of said town to be worked by the residents in said town who are subject to road duty under the laws of the State of Georgia and levy such road tax or street tax as they deem for the best interest of said town; provided, said mayor and council shall not be authorized to collect more than four dollars per capita from those subject to road duty. Said mayor and council shall have authority to make any and all by-laws, rules and regulations or ordinances necessary for the government of said town and the peace and good order thereof and to fix license fees for the transacting of business in said town which are not inconsistent with the laws and Constitution of the State of Georgia; to punish by fine or imprisonment or both in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of said town, to punish such offenders by fine of not more than $50.00, or by work on the public streets of said town for not more than thirty days, either or both of said penalties, in the discretion of the mayor. The mayor and council shall have the authority to fix the cost in all such cases of violation of ordinances of said town. Street work or tax. General powers. SEC. 8. The mayor and council shall be empowered to levy a tax for the support of the government of said town not to exceed five mills, and shall fix the compensation of

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all employees of said town, except the mayor and council who shall serve without compensation. Taxation. Pay of officers. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to cause the enforced collection of all kinds of fines in the same manner as taxes are collected by the State of Georgia for the State and county taxes, provided, all sales for the collection of taxes and fines shall be conducted by the marshal of said town before the door of the council chamber, to be designated by the mayor and council. Collections, enforcement of. SEC. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1917. MOLENA; AMENDING ACT. No. 91. An Act to amend an Act to incorporate the Town of Molena, in Pike County, Georgia, approved August 23rd, 1905, and for other purposes. SECTION 1. Be it enacted by the laws 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 of August 23rd, 1905, be amended as follows: Section 2 of said Act of August 23rd, 1905, is amended by striking the words: Elected and qualified on the first Monday in January in each year, in lines four and five of said section, and substituting in lieu thereof: Elected on first Monday in November of each year and qualify on the first Monday in November of the following year. Act of 1905 amended. SEC. 2. Be it further enacted by the authority aforesaid, That said section when so amended shall read: Elected on first Monday in November of each year and

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qualify on the first Monday in November of the following year. Read. 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, 1917. NEWNAN ALDERMEN'S PAY. No. 44. An Act to amend an Act entitled An Act to create a new charter for the City of Newnan, in the County of Coweta, approved December 8th, 1893, by striking the word three in line six of section nineteen of said Act and inserting in lieu thereof the word five, and also by striking the words twenty-five, in line seven of said section nineteen, and inserting in lieu thereof the words one hundred, and also by adding thereto that extra compensation not to exceed two hundred dollars per annum may, in the discretion of the mayor and aldermen, be provided for the chairman of the street committee, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act section nineteen of said Act, creating a new charter for the City of Newnan, approved December 8th, 1893, be and the said section is hereby amended by striking the word three in line six of said section and inserting in lieu thereof the word five, and by striking the words twenty-five in line seven of said section nineteen and inserting in lieu thereof the words one hundred, and by adding to said section nineteen that extra compensation not to exceed two hundred dollars per annum may, in the discretion of the mayor and aldermen, be provided for the chairman of the street committee. The said section as amended shall read as follows: Section 19. Be it further enacted, That said

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mayor and aldermen shall have power and authority, and it shall be their duty to fix the salaries of the mayor and aldermen, and of all other officers, agents and employees of said city not hereinbefore mentioned and provided for; provided, that the salary of the mayor shall not exceed five hundred dollars per annum, and the salary of the aldermen shall not exceed one hundred dollars per annum; provided further, that the mayor and aldermen may, in their discretion, provide extra compensation for the chairman of the street committee not to exceed two hundred dollars per annum. Act of 1893 amended. Read. Salaries. 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 7, 1917. NEWNAN NUISANCE ABATEMENT. No. 125. An Act to amend an Act entitled An Act to create a new charter for the City of Newnan, in the County of Coweta, approved December 8th, 1893, by providing that the mayor and aldermen of said City of Newnan shall have authority to declare and define, by ordinance, what shall constitute a nuisance in said city; provide for the abatement of the same, with notice; to provide punishment for failing or refusing, after notice, to abate any nuisance 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 the said charter of the City of Newnan, approved December 8th, 1893, be and the said charter is amended so as to provide that the mayor and aldermen of said City of Newnan shall have power and authority to declare and define, by ordinance, what shall constitute a nuisance in said city.

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Said mayor and aldermen shall also have power and authority to require, after giving notice, any nuisance in said city to be summarily abated. Said mayor and aldermen shall also have power and authority to punish, after notice to abate has been given, any person failing or refusing to abate any nuisance in said city. Be it further enacted, That all proceedings for the abatement of nuisances in said city shall be in and by the mayor's court of said city. Act of 1893 amended. Nuisances to be defined and abated. SEC. 2. Be it further enacted by the authorities aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. NEWNAN SCHOOL BOARD. No. 189. An Act to amend an Act entitled An Act to establish a system of public schools in the City of Newnan, Ga., 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 schoolhouses, and for other purposes, after submitting the same to the qualified voters of said City of Newnan, approved December 26th, 1886, by striking all of section three (3) of said Act, and to provide in lieu thereof for the creation and election of a new board of education for said city, prescribe the qualification and number of the members thereof, their terms of office, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section three of said Act establishing said system of public schools for the City of Newnan, approved December 28th, 1886, be and the said section three of said Act is hereby repealed. Act of 1886 amended.

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SEC. 2. Be it further enacted by the authorities aforesaid, That the present members of the board of education of said city shall be and constitute the board of education of said city for the year 1917. At the regular annual 1917 election of mayor and aldermen for said city three members of said board of education shall be elected, who shall hold office for a term of three years, and until their successors are elected and qualified, who, together with T. E. Atkinson, T. B. Davis, I. N. Orr, Frank Wilkinson, P. F. Cuttino, E. M. Cole, W. C. Wright and R. O. Jones, shall constitute the board of education for said city for the year 1918. At the regular annual 1918 election of aldermen for said city two members of said board of education for said city shall be elected, who shall hold office for a term of three years, and until their successors are elected and qualified, and the said two members, together with said three members to be elected in 1917 and P. F. Cuttino, E. M. Cole, W. C. Wright and R. O. Jones, shall constitute the board of education for the year 1919. At the regular annual 1919 election of mayor and aldermen for said city two members of said board of education for said city shall be elected, who shall hold office for a term of three years and until their successors are elected and qualified who, together, with the members of said board heretofore elected under the terms of this Act, shall constitute the board of education for the said City of Newnan. Successors to the members of said board of education elected under the terms of this Act shall be elected to the expiration of the said members' terms of office. The election to fill vacancies caused by expiration of terms of office shall be held annually on the same day that municipal elections are held, at the same time, subject to the same regulations and by the same managers of said municipal elections, and those receiving the highest number of votes shall be declared elected. All vacancies occurring otherwise than by expiration of terms shall be filled by the remaining members of the board, and those thus chosen shall hold office for balance of the unexpired term. No person shall be eligible to

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the office of board of education who would be ineligible to the office of mayor and alderman of said city. Board of education; election and terms of office. Vacancies. SEC. 3. 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, 1917. OAK PARK TOWN CHARTER REPEALED. No. 118. An Act to repeal an Act entitled An Act to incorporate the Town of Oak Park, and for other purposes, approved August 18, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the town of Oak Park, in the County of Emanuel; to fix the corporate limits thereof; to provide for mayor and aldermen and other officers; to define their powers and duties, and for other purposes, approved August 18, 1906, be and the same is hereby repealed. Act of 1906 repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. OCILLA SCHOOL-TAX RATE. No. 199. An Act to amend the Act of August 8th, 1913, establishing a public school system in the City of Ocilla, Irwin County, Georgia, creating a board of education, describing their duties and powers, providing for the raising of revenue to maintain said school, and for other purposes, by authorizing an ad valorem tax on all

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of the taxable property of said city for school purposes, an amount not to exceed seven mills, or seventy cents on the one hundred dollars, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act establishing a public school system in the City of Ocilla, Irwin County, Georgia, approved August 8th, 1913, be and the same is hereby amended in the following manner, to wit: By striking from the sixth and seventh lines of the eighth paragraph of said Act the words: three and one-half mills, or thirty-five cents on the $100.00, and inserting in lieu thereof the words: seven mills, or seventy cents on the $100.00, so that when amended said section shall read as follows, to wit: Section 8, Be it further enacted, That said board of education shall, as early as practicable each year, by resolution, require the mayor and aldermen of said city to levy and collect an ad valorem tax on all the taxable property of said city for school purposes for that year, an amount not to exceed seven mills, or seventy cents on the $100.00, and when collected to be turned over to said board properly, to be used for the purposes of this Act. That the State School Commissioner shall pay over directly to the officer designated by said board the pro rata share of the State school funds due and coming to the children taught in the school under this Act, to be by the board expended in the maintenance of said schools. There shall be a separate school for the whites and blacks under this Act. Act of 1913 amended. Read. School-tax rate. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1917. REBECCA PUBLIC SCHOOL SYSTEM. No. 249. An Act to amend an Act to incorporate the Town of Rebecca, approved August 15, 1904, and Acts amendatory

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thereof, and by amendment to make provision for a system of public schools for said Town of Rebecca; for the holding of an election whereby the qualified voters of said town shall determine whether or not such system shall become operative; to provide for a board of education under said system; to define and prescribe the duties, power and authority of said board of education; to provide for the election of the members of said board of education; to provide for the levying and collection of school taxes, and for the payment of State school funds direct to said board of education by State authorities, and for the maintenance of public schools in said Town of Rebecca, and for other purposes. SECTION 1. Be it further enacted by the authority aforesaid, That the town council of Rebecca are hereby authorized and empowered to establish, support, maintain and control a system of public schools, which shall be provided for in this Act for the Town of Rebecca, Turner County, Georgia; provided, however, that before a local tax can be levied and collected as herein provided for public schools, the mayor and town council of their own motion, or when requested to do so in writing by fifteen freeholders of said town, shall call and advertise an election in newspaper published in Ashburn, Ga., once a week for four weeks, to be held at the same place as other elections are held in said town, at which election all persons qualified to vote for mayor and aldermen shall be qualified to vote, said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed under the provisions of this charter and the laws and Constitution of the State of Georgia. The electors at such elections shall write or have written on their ballots, For tax for public schools, or Against tax for public schools, and in the event that the necessary majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; and provided, further, that if at such election the vote should be against

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taxation for public schools, then the mayor and town council are authorized and empowered to call another election for such purpose at any time, provided, a period of two months shall intervene between each election. Public-school system. Election for tax. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town under the corporate name of the Rebecca board of education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public school. Said board shall consist of seven members to be elected by the qualified voters of said town. At the first election four members shall be elected for a term of two years, and three members shall be elected for a term of one year, and thereafter election for members of the board of education shall be held annually on the first Thursday in December in each year, and the term of members elected after first election shall be for a term of two years. All vacancies on the board of education shall be filled by the board for office until their successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership upon said board except such person as would be eligible to election of alderman of said town. That said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State. Board of education. SEC. 3. Be it further enacted by the authority aforesaid, That the officers of the said board of education shall be a president, vice-president, secretary and treasurer, and such other officers as the board of education may deem advisable. The secretary and treasurer each, 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

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the board of education to faithfully account for all moneys coming into his hand 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 bond in any of the courts of this State for any breach of said bond by the secretary or treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no moneys except by orders of the board. Their office shall be for one year and until their successors are elected and qualified. Officers of the board. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall have power, and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the white children, and also for the colored children of said town, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and town council of Rebecca. Powers and duties. SEC. 5. 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, which said board shall meet at least once a month in regular session, and which said minutes and other books shall be subject to the inspection of the mayor and town council, or any other interested citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said 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 beginning and closing of said schools, they shall have the right to remove or suspend such teachers and superintendent whenever in the discretion of the members of said board they may deem

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such action to be for the interest of said school, and their action in so doing shall be conclusive in all cases, and not subject to review by anybody or court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws, rules and regulations for the government of said board and for the control of said teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and do any and all other acts which they may deem best to promote the best educational interest of said town, not in conflict with State laws. Meetings and minutes. Regulation of school system. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of said town. Gifts. SEC. 7. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide schoolhouses by renting, leasing, purchasing or building suitable buildings. Schoolhouses. SEC. 8. Be it further enacted by the authority aforesaid, That the said board of education shall keep accurate accounts of all moneys or property received by them for the use of said public schools, and of all expenditures made by them; these accounts shall be at all times open to the inspection of the mayor and council of Rebecca, or any interested citizen of said town. The members of said board shall be personally liable to the corporation of Rebecca for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purpose. Accounts of receipts and expenditures. SEC. 9. Be it further enacted by the authority aforesaid, That said board shall annually make to the mayor a report of said schools and shall accompany said report with a full itemized statement of all the moneys received and expended by said board, and present vouchers therefor. This report shall contain an estimate of the amount of funds required

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for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said mayor and council, when so requested. Reports and estimates. SEC. 10. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be one year, and no officer shall have any compensation for his services, except the secretary and treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification, not to exceed, however, fifty dollars per annum; provided, however, that said board by unanimous vote can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Terms of office. SEC. 11. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and town council of Rebecca shall be authorized and empowered to assess, levy and collect a tax not to exceed one per cent. per annum; that is to say, ten dollars on every thousand dollars of property, on all the taxable property of every kind whatever in said town, which said school tax shall be used solely and exclusively for the purpose of establishing and maintaining said schools; and providing, further, that it shall be lawful, in the sound discretion and best judgment and with consent and concurrent approbation of the mayor and town council, for the said board of education to charge and require a small incidental or matriculation fee for each scholar admitted into said schools, which amount shall in no event exceed the rate of one dollar per month. Tax levy. Rate. 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 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 any tuition for such course of study as is now provided by law in the public schools of the several

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counties of this State, except the incidental or matriculation fee above mentioned, but the board of education may, in their discretion, require children living outside of the limits of said town to pay tuition for and during the school terms; provided, all such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for, as shall likewise any other fees. Children entitled. Tuition of non-residents. 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 expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and town council, and when the taxes for such purpose is levied and collected, the collecting officer of said town shall pay over the same to the treasurer of said board of education; said taxes shall be collected and assessed as the other taxes of said town are; said taxes to be paid out under order of the said board, under such regulations and requirements as they shall provide. Amount to be raised by taxation. SEC. 14. Be it further enacted by the authority aforesaid, That the board of education of Turner County, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said Town of Rebecca, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the board of education of Rebecca. County board and schools excluded. SEC. 15. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the board of education of Rebecca the pro rata share of the State 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 Rebecca, increased by the number of children of school age residing without the limits of said town, but residing within the limits of Turner County who attend such school. For each

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child of school age residing within the corporate limits in Turner County, but attending said public schools of Rebecca, the Town of Rebecca is entitled to receive, for each year, the amount apportioned for the State school fund for each child of school age residing in the County of Turner. The amount thus to be paid shall be paid at such time as the teachers of the counties are paid, and when paid shall be expended by said board for the support and maintenance of the said public schools of Rebecca. It shall be the duty of the board of education to have, prepare and furnish the State School Commissioner, immediately upon the establishment of said public schools, and annually thereafter, in the fall of each year, at such time as they may establish, a list of census of all school children of school age residing in the County of Turner who attend said public schools in said county. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. Proportion of State fund. Census. SEC. 16. Be it further enacted by the authority aforesaid, That all assessments of taxes and all funds arising from or collected under this Act shall be by the corporate authorities of the Town of Rebecca kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purpose herein designated; and the mayor and town council shall keep a separate, full and distinct itemized account showing all moneys raised, when, how and from whom and what, and the disposition of the same, to whom, when and for what purposes paid out. Separation of school funds. SEC. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917.

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RHINE, TOWN OF, INCORPORATED. No. 170. An Act to incorporate the Town of Rhine, in the County of Dodge; to define the limits thereof; to provide for the election of a mayor and councilmen therefor, and for their successors; to grant power and privilege to the same; to provide for the working of sidewalks and streets in said town; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health, whenever in the judgment of mayor and council of said town said action may be advisable; to declare and define the police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define the method of arriving at the value of such property and compensating the owner therefor; to authorize the Town of Rhine to establish a system of waterworks and a system of electric lights under such restrictions as are provided for by the State law, whenever in the judgment of the mayor and councilmen of said town such course may be deemed advisable, and to issue bonds for any one or all of said purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting of license to all kinds of business, trades, callings, professions, and the forfeiture of the same; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the Town of Rhine; to provide a system of public schools for said town, and to issue bonds for same, whenever in the judgment of the mayor and council of said town said action may be advisable; to provide for a levy of taxes to meet the expenses of said town and school system; to provide for the assumption of all present liabilities and an acquisition of all assets of said town as at present incorporated, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That the Town of Rhine, in the County of Dodge, be and the same is hereby incorporated as a town, under the name of the Town of Rhine. Corporate name. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: One-half mile in all directions from the east corner of a certain brick building owned by Mrs. Mamie Maloy, now occupied by King Brown, bankers, in said town. Territorial limits. SEC. 3. Be it further enacted, That the present mayor, W. W. Pruett, and four aldermen, to wit: Griffin Mizell, Jr., R. E. Ponder, Thomas A. Reeves and W. T. Ryals, of said Town of Rhine, shall be mayor and councilmen, respectively, of said town under this charter until the first day of January, 1918, and until the mayor and councilmen provided for in this charter are elected and qualified. That the clerk and treasurer now in office shall also be and is hereby made clerk and treasurer of said town under this charter until his successor is elected and qualified. That the present officials of said town shall have and exercise all the rights, powers and authority conferred by this charter until their successors, as provided in this charter, are elected and qualified. Present officers hold. SEC. 4. Be it further enacted, That the corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of mayor and council of the Town of Rhine, they may sue and be sued, plead and be impleaded, have a seal and exercise all corporate powers that may be necessary in the performing of their duties. Mayor and council. SEC. 5. Be it further enacted, That after the passage of this Act, an election shall be held in said town for the election of a mayor and four councilmen on the second Wednesday in December, 1917, and on the second Wednesday in each succeeding December thereafter there shall be held an election in said town to elect a mayor and four councilmen thereof. If any such election should not be held at the time designated, the same shall thereafter be ordered held by the mayor and council of said town, after giving

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twenty days' notice in writing of the time and place of holding said election by posting the same at one or more public places in said town. That the mayor and council first elected under this charter shall take office on the first day of January, 1918. Election of mayor and council. SEC. 6. Be it further enacted, That the term of office of said mayor and councilmen shall be one year from January first of each and every year until their successors are elected and qualified. That they shall be ineligible to hold any other office or position under said town except tax-assessor, and they shall not contract, directly or indirectly, with said town or any department thereof. No one shall be eligible to hold the office of mayor or councilman who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for officers of this State and the certificate of the managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office which they have been elected to. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation or removal or other cause, the mayor, or, in case his seat is vacant, the majority of the councilmen, shall order a new election, notice of which shall be given at least twenty days before the election is held, the same to be conducted as provided in this Act; that the mayor and council shall provide for the registration of the voters of said town prior to each annual election or special election that may be held in said town, and all persons who have been residents of said State twelve months and residents of said town six months next preceding the day of holding such election, and who are qualified under the laws of the State to vote for members of the General Assembly, shall be entitled to register and vote in any election held in said town, and the registration books shall remain open at the place of business of the clerk and treasurer of said town not less than ten days, and shall close five days before an election. The mayor and councilmen shall have the right to purge said books of all persons not eligible to vote. Said registration

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books shall be open at all times for the inspection of any citizen. Term of office. Eligibility. Vacancy in office. Registration of voters. SEC. 7. Be it further enacted, That the mayor and council at the first meeting in November of each and every year shall fix the salary of mayor and councilmen, clerk and treasurer, marshal and other officials of said town for the ensuing year; provided, that should the said mayor and council at their meeting in November fail to fix the salaries herein provided for, then the salaries for said officers for the ensuing year shall remain the same as the salaries fixed by the last council for the present year. The salary of the mayor, councilmen, clerk and treasurer shall not be changed during their respective terms in office; but, if necessary, the mayor and council shall have the right at any time to increase or decrease the salary of the marshal, if he be paid a salary, and shall have the right at any time and without notice to discharge any marshal or policeman and to hire another marshal or policeman. Salaries. SEC. 8. Be it further enacted, That before entering on the discharge of their duties the mayor and councilmen shall subscribe to 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 Town of Rhine for the ensuing year, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability, without fear or favor, so help me God. Should the mayor or councilmen be absent when the other officers qualify, he or they may take the oath of office as soon as possible thereafter. Said oaths shall be entered upon the minutes of said town. Oath of office. SEC. 9. Be it further enacted, That at the first meeting in January of each year the said mayor and council shall elect one of said councilmen mayor pro tem., whose duties shall be to serve as mayor during the sickness, absence or any other disqualifications of the mayor. Should said election not be held at said time, or the mayor pro tem. resign or decline to serve, said mayor and council shall have the right to elect at any subsequent meeting. Mayor pro tem.

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SEC. 10. Be it further enacted, That the mayor or mayor pro tem. and two other councilmen or three 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, though a smaller number may adjourn from day to day; provided, however, that when there are no more than three councilmen present, it shall require at least three affirmative votes to pass any resolution or ordinance. Said mayor and council shall hold their meetings within the limits of said town, and at such times and places as they see proper. That at the first meeting of the mayor and council after each election the said councilmen shall elect a clerk and treasurer, who shall not be the mayor or councilman. Quorum. Meetings. SEC. 11. Be it further enacted, That said mayor and council shall have the power and authority to elect a clerk and treasurer, which offices are hereby combined; the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment may be necessary; street overseer, attorney, town physician, and such other officers as the necessities of the town may demand; they may by ordinance prescribe the term of office and the duties of such officers and fix their salaries or compensation. The clerk and treasurer shall be required to give bond for the faithful performance of his duties, the amount of said bond to be fixed by said mayor and councilmen. Clerk and treasurer. Marshal and policemen. SEC. 12. Be it further enacted, That at the first meeting in January, after the election of mayor and councilmen, the mayor shall appoint by order a street committee, a finance committee, an ordinance committee, light committee, a public building committee, and such other committees as the mayor may deem necessary for the proper administration of the affairs of said town. Committees of council. SEC. 13. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws in

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so far as they are not in conflict with this Act are made a part hereof; and to provide penalties for their violation. The mayor shall have the right to vote in case of a tie only. Legislative powers. SEC. 14. Be it further enacted, That they shall have power and authority to lay off, open, close and alter alleys, sidewalks, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean by the owners and occupants thereof, or the owners and occupants of the property next adjoining thereto; to establish and regulate the markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle or other animals or fowls of all kinds from going at large in said town; to protect places of divine worship in and about the premises; to abate or cause to be abated anything, which in the opinion of the mayor and council shall be a nuisance; to regulate the keeping of dynamite and other combustibles; to abate or cause to be abated nuisances in the form of lewd or bawdy-houses or houses suspected of being such; to provide in or near said town places for the burial of the dead and to regulate the interments therein; to provide for the regular building of houses or other structures and for making of division fences by the owners of adjacent premises, and a drainage of lots by proper drains and ditches; to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town; to preserve peace and order therein; and for this purpose the said mayor, or mayor pro tem., shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all officers appointed or elected by the mayor

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and council, and to fix their terms of office and compensation, require and take from them bonds, when necessary, payable to the Town of Rhine in its corporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duty; to direct or authorize or prohibit the erection of waterworks, gas works, electric lights of said town; to prevent injury to or pollution of same or to the same or to the water or healthfulness of said town; to make such rules and regulations as they may deem proper, regulating the running of locomotives or cars, automobiles or motor cars or trucks, whether run by steam, gasoline, electricity or other power. Said town is further authorized to regulate and provide for the weighing of cotton, corn, hay, coal and other articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for protection of the inhabitants of said town against smallpox and other contagious or infectious diseases, or for the care of those who may have such diseases or suspected of having them. Sundry powers as to various matters. SEC. 15. Be it further enacted, That all bills for supplies, for work done, for services rendered, or all other claims or demands of whatever kind and character against the town shall be filed with the clerk and treasurer and by him referred to the chairman of the committee that incurred the expense or having in charge that particular branch of the business of the town; that no funds shall be paid out of the town treasury, except the bill, account or other claim, as the case may be, being first approved by the chairman of the committee having charge of that particular department, and after said approval the treasurer of said town shall pay said bill upon the warrant of the clerk, countersigned by the mayor or mayor pro tem., if the mayor be absent or disqualified, and not otherwise. Payment of bills. SEC. 16. Be it further enacted, That the said mayor and council shall have the power to prohibit, by ordinance, the keeping or maintaining of lewd women, or lewd houses, the

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keeping of any room or rooms for gambling, the pursuing of one's ordinary avocation on the Sabbath; from loitering or idling within the jurisdiction of said town. Police court of said town shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of said town, and, upon conviction, punish offenders as hereinafter provided. The said mayor and council shall furthermore have full authority to punish by fine, imprisonment in guard-house or at labor upon the streets or other public works in said town. Lewd and gaming places, and other offenses. SEC. 17. Be it further enacted, That there shall be in the Town of Rhine a court known as the police court of the Town of Rhine. Jurisdiction of said court shall extend to all offenses herein provided for, and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. Said court shall be held by the mayor, and in his absence, disqualification or illness, by the mayor pro tem., and at such time and places in the said town as in his judgment may be necessary. Said police court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard-house or chain-gang of said town for a term of not more than sixty days, either or all, in the discretion of said police court; that it shall not be necessary for the officers of said town in making arrest for an affidavit to be made or warrant to be issued to authorize any arrest for violation of the ordinances of said town. Police court. Punishment. SEC. 18. Be it further enacted, That all trials in the police court of said town shall be held under such rules and regulations as the mayor and council may adopt. Trials. SEC. 19. Be it further enacted, That the said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summonses for witnesses, books, papers in as full and complete manner as the courts in the State may now do; to punish as for contempt failure to obey its legal summons,

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or grant continuances under rules of law; to take bonds and recognizances for appearances at its session, and to forfeit the same under the rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court; provided, that no fine for contempt shall exceed the sum of ten dollars ($10.00), imprisonment in the guard-house for more than five days. Contempts. SEC. 20. Be it further enacted, That any person convicted in the police court of said town for violations of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Dodge County. No appeal to the council or to the mayor and council shall be allowed in any case. Certiorari. SEC. 21. Be it further enacted, That the mayor and mayor pro tem. of said town shall have, in addition to their jurisdiction as municipal officers, the jurisdiction of justices of the peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said town's police jurisdiction, it shall be the duty of the mayor or mayor pro tem., as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the court having jurisdiction of the offense. Committals for trial. SEC. 22. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the mayor or mayor pro tem. of said town shall be sufficient authority to arrest said offender and bring him back to said town for trial, and, upon conviction, said offender shall be punished as in this charter provided. Fugitives from justice. SEC. 23. Be it further enacted, That for the purpose of raising revenue to defray the ordinary expense incident to the proper support and maintenance of town government,

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that said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town, and which is not exempt by State law, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax, in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Taxation ad valorem. SEC. 24. Be it further enacted, That the mayor and council of the Town of Rhine shall elect, at their first or second meeting in each calendar year, three upright, discreet and intelligent persons, who shall be freeholders and residents of said town, as tax-assessors who shall hold their office for one year or until their successors are elected and qualified; said tax-assessors may be elected from among the members of the town council or from among other persons; and should any vacancy occur in said board of assessors by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council; said mayor and council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe to the following oath: I,....., do solemnly swear that I will faithfully perform the duties of tax-assessor of the Town of Rhine, and will make a true and just valuation of all property therein subject to taxation, according to fair market value, so help me God. Said oath shall be entered upon the minutes of said town. Tax-assessors. Oath of office. SEC. 25. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person, the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors, and specifying the property, the valuation of which has been increased. Notices to taxpayers. SEC. 26. Be it further enacted, That the tax-assessors

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may hear, during the progress of their investigation, such evidence as to the value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property as fixed by the assessors, he shall have the right to appeal to the mayor and council; said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said town. Said appeal shall be substantially as follows, to wit: The undersigned, being dissatisfied with the action of the town assessors with reference to the valuation of his (or her) property subject to taxation in said town, comes within four days from the date on which the notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of said town. (Signature)..... Upon the filing of said appeal with the clerk of said town, it shall be the duty of the mayor to fix a date upon which said hearing will be had and give the appellant five days' oral or written notice of said hearing; notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing the mayor and council shall hear all legal and competent testimony and enter judgment accordingly. The appeal hereinbefore provided for shall be signed by the taxpayer, his agent, or attorney at law. Assessment and appeal. Hearing. SEC. 27. That all lands within the corporate limits of said town, which are used strictly for agricultural purposes, shall be returned for taxes as farming lands, and assessed as such, and when lands are used or cut up in building lots or mapped out for town lots, the same shall be returned and taxed as town property. Assessment of farm lands. SEC. 28. Be it further enacted, That every male person between the ages of twenty-one and fifty years, who has resided in said town thirty days, shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, at such 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, at such

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times as the mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the said assessments in lieu thereof, having received three days' written notice served upon him in person, or by leaving at his most notorious place of abode notice to do so, shall be guilty of a violation of this section, and, on conviction in the police court of said town, shall be fined in a sum not exceeding twenty dollars, not less than the amount of the street tax so assessed, or by imprisonment in the guard-house, or by labor in the chain-gang in said town, not exceeding thirty days. Said mayor and council may pass such ordinances as they deem proper for the enforcing of this section. Street work, or commutation tax. SEC. 29. Be it further enacted, That the mayor and council of said town shall have the power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said town with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, against the real estate abutting on such a street or sidewalk. Said mayor and council shall have the power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing said drains, crossing or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third on the real estate on the other side of the street improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street-railway company or other railroad having tracks running through or across the streets of said town shall be required to pave or macadamize or otherwise improve streets in such proportions as the mayor and council may prescribe. Said mayor and council shall have full power and authority to

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equalize, by an ordinance passed for that purpose, the assessment against all real estate for the above purpose, as to them 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 improved, or according to the area of said property, either or all as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the town clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessments, which execution may be levied by the marshal or any policeman of the said town on such real estate, and, after advertising and other proceedings as in the case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sales shall vest absolute title in the purchaser. Said city marshal or policeman acting for him shall have authority to eject occupants and put purchasers in possession; provided, the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Dodge County, and there tried and the issue determined as in cases of illegality including the assessment of damages if the jury finds same was filed for the purpose of delay only. The mayor and council shall have power and authority to pave the whole surface of the streets, without giving any railroad or street-railroad company, or other property holder occupancy of the street option of having the space to be paved by themselves, or by contract at his or her

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instance, the object being to prevent delay and secure uniformity. The lien for assessment of abutting lands for street or sidewalk paving, curbing, macadamizing, grading, or draining shall have rank and priority of payments next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they in their discretion think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said town and to collect the cost thereof by execution against the adjacent property owners and railroad companies or other occupants of the streets or alleys of said town. Street-improvement assessments. Lien. Execution. Levy and sale. Affidavit of illegality. Railroads. Rank of lien. SEC. 30. Be it further enacted, That the mayor and council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc., livery-stables, garages, lots, drays, and other vehicles, auctioneers, venders, master itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions, theatrical, histrionic, operatic performances and other like performances of all kinds, whether given in the theaters, opera houses, halls or other houses, or in tents, itinerant lightning-rod dealers, immigrant agents, peddlers of clocks, stoves, machines or other articles of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables, kept for public playing, every table, device, or stand or place for the performance of any game or play, whether played with sticks, balls, rings, upon flying horses or contrivances, bicycles, vehicles or skating rinks, insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters or fish, vegetables, fruits, breads

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and other articles of food, contractors and builders, and all machinists or artisans, barber shops, pawnbrokers, and upon all and every establishment, business, calling, trade or avocation not heretofore mentioned, in the amount fixed by ordinance as a condition precedent to beginning or continuing any business, trade, profession or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession or calling for which any specific tax or license is required by said town by ordinance, and shall fail and refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in said town, and may be fined or imprisoned, in the discretion of the court, not to exceed double the amount of the tax for each day's violation of this ordinance. The provisions of this section shall apply to all persons, natural or artificial. Licensing and regulation of occupations. SEC. 31. Be it further enacted, That the mayor and council shall have the right to revoke at any time, without notice and without trial, any license that may have been issued by said town, prorating and returning the unearned portion of the fee or tax charged. Revocation of license. SEC. 32. Be it further enacted, That the fiscal year of said town shall be from January first to December thirty-first, from which and to which dates all licenses shall date. Should any person apply for license in said town for any business for which business a license is required, at any time after the fiscal year has begun, the mayor and council shall have the power and authority to require of such person the same amount as required for license for the whole year; provided, that no change in the same shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 33. Be it further enacted, That said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of the said public utilities, and public school buildings in the manner hereinafter provided. Whenever said mayor and council shall, in the exercise of their authority conferred in this charter,

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find it necessary to take private property, and they cannot agree with the owners thereof as to compensation to be paid, they may take such property upon the following terms: Bond issues. SEC. 34. Be it further enacted, That the mayor and council shall cause to be served on such owner or owners, or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be used, the time and place, when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation of property. SEC. 35. Be it further enacted, That it shall be the duty of the mayor and council to appoint one freeholder; and the owner of said property sought to be condemned one freeholder; provided, that the owner or owners, or his or their agents, shall fail or refuse to appoint such freeholder, then the mayor and council shall appoint a second freeholder, and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land and render their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the town clerk. Should the first two freeholders as above provided for be unable to agree upon a third, then the said mayor and council shall likewise appoint the third freeholder. Assessment and award. SEC. 36. Be it further enacted, That either party dissatisfied with the award of the assessors may, within four days after same is filed, enter an appeal to the Superior Court of Dodge County. The mayor and councilmen, after payment to the owner or owners or his or their agents of the sum found by the assessors, proceed to take and possess said condemned land and to appoint, lay off, straighten or otherwise change said street, ward, alley, or occupy, use or

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improve said land pending an appeal by the owner or owners. Appeal from award. SEC. 37. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have the power to prevent the erection of any buildings within said town without the person or persons wishing to build first applying in writing to the mayor and council and obtaining a special written permit; said application and permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected. This applies to all buildings or structures, however insignificant the value of the building or structure may be when completed; and whenever in the judgment of the mayor and council any building or structure is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails, after a time to be determined by the mayor and council, they shall have the right to abate said nuisance. The said mayor and council may likewise pass and enforce any ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building permits. Condemnation as nuisance. SEC. 38. Be it further enacted, That the mayor and council shall have full power and authority to enforce by execution the collection of any debts or claims due said town for taxes, licenses, rents, impounding fees, forfeitures for laying sewers or drains, for cleaning or repearing privies, for abating nuisances, and for any and all levies, assessments, debts, and demands due said town, said execution to be issued by the clerk of said town and to bear attest in the name of the mayor against the property, person, corporation or firm against which or whom any such debt or demand is owing, such execution to be directed to all and

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singular the marshal, deputy marshal and policemen of the Town of Rhine, who are authorized to levy the same upon the property against which it is issued, or on property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to-wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for sheriff's sale, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the day of sale, and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in public gazette wherein the sheriff's sales are advertised for the County of Dodge or in some paper published in the Town of Rhine, before selling the same. All sales as above described shall be at public outcry, to the highest bidder for cash. Said marshal or deputy marshal making such sales shall execute title to the purchaser, and shall have same power to place the purchaser in possession as sheriffs of this State have. Executions for taxes and other demands. Levy and sale. SEC. 39. Be it further enacted, That when any execution shall be issued and levied as provided in the preceding section, claims or illegalities may be interposed under the same rules and regulations as are now provided by the law for claims and illegalities under tax fi fas. for State and county taxes, such claims and illegalities to be returned to and at the Superior Court of Dodge County. Claims and affidavits of illegality. SEC. 40. Be it further enacted, That the mayor and council of said town may provide by ordinance such rules and regulations as to them may seem proper in order to establish and maintain a system of free schools in said Town of Rhine; that all fees, forfeitures and costs arising from the police court of said town be used for school purposes, or for the improvement of the streets of said town, or other purposes. Public school system.

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SEC. 41. Be it further enacted, That the ordinary of Dodge County may order an election in the Town of Rhine within six months after the approval of this Act, or at any subsequent time upon the petition of one-fourth of the qualified voters of said town, and upon the application of the mayor and councilmen of said town in reference to the establishment of a free school system as provided for in the foregoing section of this Act. All persons voting at said election shall have written or printed on their ballots, For free schools, or Against free schools, and if the question shall be decided affirmatively by a two-thirds majority, this Act shall become operative, and the mayor and council shall proceed to establish said schools in accordance with the same. Election for schools. SEC. 42. Be it further enacted, That said mayor and council shall have power and authority by ordinances 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 town, or outside corporate limits of said town, if such be necessary to the public welfare; provided, before so doing, they shall regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the State. Drainage and sanitation. SEC. 43. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy, or water-closet accommodations upon such premises as may be prescribed by ordinance by the said mayor and council. Sanitation. SEC. 44. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious or infectious diseases in said town. Quarantine. SEC. 45. Be it further enacted, That said mayor and council shall have authority in their discretion to establish

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and put into operation a board of health, and to pass all ordinances and regulations necessary for the purpose of maintaining such board of health, and providing penalties for such violation, to prevent the spread of any contagious or infectious diseases; also to have complete control of persons who have been exposed to contagious or infectious diseases; and to make any and all necessary arrangements for the protection of the inhabitants of said town. Board of health, and regulations. SEC. 46. Be it further enacted, That the mayor and council of said town shall have the power to establish a guard-house and work-gang in said town and confine at labor there any person who has been sentenced by the court of said town to confinement in the guard-house or to work upon the streets, sidewalks, or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work-gangs and enforce the same through its proper authorities. Guard-house and work-gang. SEC. 47. Be it further enacted, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railway, waterworks, gas works, electric light wires, lines and systems, or they shall have the right and power to grant right of way to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said mayor and council may prescribe; provided, the said mayor and council shall not grant any franchise or easement for a longer period than thirty (30) years. Public utilities. SEC. 48. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said town in such sums and to such times as they shall see proper, not to exceed in the aggregate at any time the sum of twenty thousand dollars ($20,000.00), and in such denominations and in such amounts as they see fit; said bonds not to be at interest at a rate in excess of seven per centum per annum, and to run a greater period than thirty years from their date of issue, but may bear a less rate of interest

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and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of maintaining and operating a system of waterworks, or system of electric lights, or of sanitary sewerage, or system of street railway, or a system of public schools and the erection and finishing of the necessary buildings for such schools, or street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said mayor and council may determine to be for the best interests of the town; provided, however, that said bonds shall not be issued for the above said purpose or purposes until the same shall have been submitted to a vote of the qualified voters of said town, and approved by two-thirds majority of the qualified voters in said town voting in such election. Bond issues. Purposes. SEC. 49. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purpose hereinbefore provided, of which election there shall be given thirty days' notice by publication in the organ in which legal advertisements of Dodge County are published, or in some paper published in the Town of Rhine and also by publishing a written notice in three public or conspicuous places in said town, stating the day of election, the amount of bonds to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semiannually, and when the bonds shall be finally paid off. Said election shall be held on the day published in said notice at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same persons and in the same manner and under the same rules and regulations as for mayor and council; same qualifications of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words, For bonds,

Page 812

or Against bonds, and unless For bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if For bonds shall receive a two-thirds majority, said bonds may be issued. Election as to issue of bonds. SEC. 50. Be it further enacted, That should the mayor and council determine, in accordance with the provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Taxation for bonds. SEC. 51. Be it further enacted, That said town, in its incorporate name, shall have, own and possess all property of whatsoever description now owned by the Town of Rhine as at present incorporated, and shall keep up and maintain and operate the present public utilities operated in said town until other plants shall have been provided; that all debts, contracts and obligations of every description now owing to or by said Town of Rhine as at present incorporated shall inure to or become chargeable against the Town of Rhine in its corporate name and capacity under this charter, as under this charter incorporated; that all by laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the mayor and council of the Town of Rhine, as at present incorporated, not in conflict with this charter and now of force, are hereby made of binding force and effect in the Town of Rhine as hereby incorporated, until the same shall have been repealed or superseded by ordinances, rules and regulations adopted by the Town of Rhine under this charter. Present status preserved. SEC. 52. Be it further enacted, That any officer of said

Page 813

corporation of the Town of Rhine, 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 town, or either of them, for any act done by them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Justification of officer hereunder. SEC. 53. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1917. ROCKMART TERRITORIAL LIMITS EXTENDED. No. 52. An Act to amend an Act approved August 15, 1904, incorporating the City of Rockmart, Georgia, by extending the corporate limits of the City of Rockmart, 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 15 of the Act incorporating the City of Rockmart, Polk County, Georgia, as approved August 15, 1904, be amended by adding thereto the following, to wit: Said city limits shall extend to and embrace all territory included within the following boundaries: Beginning at the southeast corner of land lot number eight hundred and sixty-six (866) in the eighteenth district and the third section of Polk County, Georgia, being the southeast corner of the city limits of the said City of Rockmart, and running east along the south line of land lot number eight hundred and sixty-seven (867) a distance of 500 feet; thence north parallel with the present city limits through land lot numbers 867, 862, 795, to the point of intersection with said lines and the right of way of the Southern Railway Company; thence east along the south side of the right of way

Page 814

of the Southern Railway Company a distance of 200 feet; thence north through land lot numbers 795 and 790 to a point 700 feet north of Walnut Street; thence due west, parallel with Walnut Street, through land lot numbers 790, 791 and 792, all of said above-described land lots lying and being in the eighteenth district and the third section of Polk County, Georgia; also extending said line west parallel with the present city limits and 750 feet north thereof, through land lot number 778 in the twenty-first district and the third section of Polk County, Georgia, to the intersection of said line with Euharlee Creek; thence south along Euharlee Creek to the intersection of said creek with the present city limits on the north line of land lot number 851, so that said section, when so amended, shall read as follows: Section 15. Be it further enacted, That the corporate limits of Rockmart, in the County of Polk, shall extend to and embrace all the territory within the boundary lines described as follows: Land lot numbers 793, 794, 863, 864, 865, and 866 in the eighteenth district and the third section of Polk County, Georgia, also beginning at the southeast corner of land lot number eight hundred and sixty-six (866), being the southeast corner of the city limits of the said City of Rockmart, and running east along the south line of land lot number eight hundred and sixty-seven a distance of 500 feet; thence north parallel with the present city limits through land lot numbers 867, 862, 795, to the point of interesection of said line with the right of way of the Southern Railway Company; thence east along the south side of the right of way of the Southern Railway Company a distance of 200 feet; thence north through land lot numbers 795 and 790, to a point 700 feet north of Walnut Street; thence due west parallel with Walnut Street through land lot numbers 790, 791 and 792, all of the above described land lots lying and being in the eighteenth district and the third section of Polk County, Georgia; also extending said line west, parallel with the present city limits and 700 feet north thereof, through land lot number 778 in the twenty-first district and the third section of Polk County, Georgia, to the intersection of said line with Euharlee

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Creek; thence south along Euharlee Creek to the intersection of said creek with the present city limits, on the north line of land lot number 851; also land lot numbers 849, 850, 851, 852, 853, 854, 923, 924 and 925, all lying and being in the twenty-first district and the third section of Polk County, Georgia. That the city limits may be extended upon a petition signed by two-thirds of the taxpayers of the territory sought to be included; any part of the territory inside of the city limits may be excluded upon a two-thirds vote of the qualified voters of said city voting at a regular election or an election to be called for that purpose, said election to be called by the mayor and council. Act of 1904 amended. Territory embraced. 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 8, 1917. ROME CHARTER AMENDMENTS. No. 105. An Act to amend an Act creating a new charter and municipal government for the City of Rome, Floyd County, Georgia; to amend, consolidate and supersede the several Acts incorporating said city; to define the corporate limits thereof, and for other purposes, approved August 18th, 1916; to provide for the submission of this Act for ratification or rejection to the qualified voters of the City of Rome at a special election to be held 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 section 2 of an Act entitled An Act to create a new charter and municipal government for the City of Rome, Floyd County, Georgia; to amend, consolidate and supersede the several Acts incorporating said city; to define the corporate limits thereof, and for other purposes,

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approved August 18th, 1916, be and the same is hereby amended by striking from said section 2 of said Act all of said section after the words Dean street, in the sixty-third line thereof, and inserting in lieu thereof the following words, to wit: Thence southerly along the east side of Dean street to the south side of Union street; thence westerly along the south side of Union street to the west side of Maple street; thence north up the west side of Maple street to the south side of Silver Creek street, designated on Dietz's map of Rome and East Rome as Silver street; thence west along the south side of said street and continuing along and between Anchor Dock Mills and Hawk's Foundry; thence along the southerly side of said street in a westerly direction to the west side of the Rome and Cave Spring road; thence southerly along the west side of the Rome and Cave Spring road to the land line running east and west between land lots Nos. two hundred and eighty-four (284) and three hundred and seventeen (317); thence west along the north boundary line of land lots Nos. three hundred and seventeen (317) and three hundred and eighteen (318) and three hundred and nineteen (319) to the Coosa River; thence northerly along said river at low water mark on the east side thereof until it strikes the southern boundary of the Nixon estate; thence due east along said southern boundary line of the Nixon estate to the western boundary line of the Shadyside addition; thence due north along said western line of the Shadyside addition and continuing due north across the Coosa River to low water mark on the northern bank of said river; thence easterly along said northern bank of the Coosa river at low water mark to the western line of land lot number two hundred and forty-four (244); thence north along said land line to its intersection with the west side of the right of way of the Central of Georgia Railway Company; thence along said west side of said right of way to the southern side of Shorter avenue; thence along the southern line of said avenue to the west side of River street; thence north along said west side of River street across the Central of Georgia Railway Company right of way to the

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north side of said right of way; thence northwesterly along said right of way to the beginning point. Act of 1916 amended. Territorial boundaries. SEC. 2. Be it further enacted, That section 3 of said Act be and the same is hereby repealed and a new section in lieu thereof be and is hereby enacted as follows: Section 3. Be it further enacted, That the governing and legislative authority of said city shall be vested in a city directory of seven members, who shall be named and styled the `Rome City Directory.' The members of said directory shall have attained the age of twenty-one (21) years, and shall have been residents and citizens of said city for two years next preceding their election, and shall be qualified voters of the city of Rome. Each member of said directory shall receive two hundred dollars ($200.00) per annum. The member hereinafter designated as chairman by this Act shall be paid an additional twenty-five dollars ($25.00) per month. Said directors shall be elected for a term of two (2) years, and until their successors are elected and qualified, subject, however, to the recall as hereinafter provided. The present members of the commission of said city, viz: D. W. Simmons, as chairman, and H. B. Arrington, F. B. Hollbrooks, James P. Jones, and E. E. Lindsey, together with C. Terhune, and C. C. Walden, who are hereby added to said directory for said express term, shall serve as directors under this Act until the first Monday in April, 1918, and until their successors are elected and qualified, subject, however, to the recall, salary limit and other conditions herein provided. Rome City Directory. Membership. Salaries. Terms. SEC. 3. Be it further enacted, That section 4 of said Act be and the same is hereby repealed and a new section in lieu thereof is enacted as follows: Section 4. Be it further enacted, That an election shall be held in said city on the first Tuesday in March, 1918, and biennially thereafter, to elect a Rome City Directory to consist of seven directors, one from each ward in the city, but all of them elected by vote of the whole city, who shall hold office as is herein provided; at the same time there shall be elected a city recorder, city attorney and city physician. At the

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first meeting of the city directory after the election they shall fix the salaries of each. That in the event that no candidate for director shall receive a majority of the vote polled in said election, a second election shall be held on the second Tuesday in March after the said first election, at which only the two leading candidates for directors in each ward may be candidates; in said second election those candidates receiving the highest vote shall be declared elected. At the first regular meeting of the directors after their election they shall elect one of their number chairman and one of their number chairman pro tem. They shall also elect a secretary of the directors and fix his salary. Election of directory and officers. SEC. 4. Be it further enacted, That section 11 of said Act be and the same is hereby amended by striking out of said section all that part thereof after the word charter, in the third line, and before the word shall, in the fourth line, and inserting in lieu thereof the words, The chairman of the directors, or if he cannot act then the chairman pro tem. Sections amended. SEC. 5. Be it further enacted, That section 12 of said Act be amended by adding after the word liquors, in the nineteenth line of said section, the words or knowingly permitted others to do so for me. SEC. 6. Be it further enacted, That section 14 of said Act be amended by striking from said section the words, First commissioner and the commissioner, in lines twenty-four and twenty-five, and inserting in lieu thereof the words, chairman of the board of directors or in the event he is sought to be recalled, then the chairman pro tem. SEC. 7. Be it further enacted, That section 19 of said Act be and the same is hereby repealed and a new section is enacted in lieu thereof as follows: Section 19. Be it further enacted, That the chairman of the directors shall be the executive head of the city. He shall devote not less than two hours each day to the duties of the office and shall see that all laws and ordinances of the city are enforced.

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He shall preside over the deliberations of the directors and shall have a vote on all questions. He shall preserve order and decorum at the meetings of the directors and shall enforce the rules of that body, and shall have power to punish all persons for contempt of the rules. Not later than one month before the end of each fiscal year, he shall prepare and submit to the directors an annual budget for the ensuing fiscal year, based upon detailed estimates furnished by the several departments of the government; he shall be a member of all boards except the board of education, the trustees of Carnegie Library, bond trustees, and the civil service trustees. Chairman of directors; his duties and powers. SEC. 8. Be it further enacted, That section 23 of said Act be amended by striking out the words three commissioners, in the eighteenth and twenty-first lines of said section, and inserting in lieu thereof the words a majority of the directors. Sections amended, and repealed. SEC. 9. Be it further enacted, That section 23 of said Act is hereby repealed. SEC. 10. Be it further enacted, That sections 24 and 25 of said Act be repealed and the following three sections are enacted in lieu thereof to be known as sections 23, 24 and 25: Section 23. Be it further enacted, That the directors shall have power to elect a city sexton, an auditor, three city assessors; they may fix their salaries and prescribe their duties, except as otherwise provided in this Act. All salaries shall be fixed by the directors prior to the election of said officers, and shall not be increased, directly or indirectly, during their term of office. A majority of the directors may remove said officers. The present officers shall hold their offices upon the same conditions they now hold them subject to this Act until the first Monday in April, 1918, or until their successors are elected and qualified. Before entering on the discharge of their duties, the said officers shall give such bond, payable to the City of Rome, in such sum as may be prescribed by ordinance or resolution, to be approved by the directors, and they shall each take and subscribe to an oath in addition to any specific oath for

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that particular office that they will faithfully perform the duties of their office. Section 24. Be it further enacted, That said directors shall select some chartered bank doing business in said city as a custodian of public funds in lieu of a treasurer to be known as the `city depository.' The bank shall be one that has been examined and approved by the Federal or State examiners, and which shall offer the highest rate of interest on the deposits. Said bank shall be required to give bond in some bonding company licensed by and qualified to do business in this State. Before selecting the depository, the secretary of the directors shall address a letter to each of the banks in the city, asking for sealed bids, stating the amount of interest they are willing to pay, and stating the amount of the bond they will be required to give, and when said bids are opened the bank offering the highest rate of interest and complying with the provisions of this section shall be made the city depository for two years. Section 25. Be it further enacted, That all moneys received by any officer or employee or commission of the city for or in connection with the business of the city shall be paid promptly to the proper custodian and by him turned into the city treasury and deposited in such city depository. Said city directors are empowered to change the city depository for cause, but shall comply with all the provisions of this Act before selecting another depository. Municipal officers City depository. Moneys to be deposited. SEC. 11. Be it further enacted, That section 27 be and the same is hereby repealed. Sections repealed. SEC. 12. Be it further enacted by the authority aforesaid, That section 28 of this Act be and the same is hereby repealed. SEC. 13. Be it further enacted, That the following ten sections be enacted to be known in said original Act as sections 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, to wit: New sections. SEC. 27. Be it further enacted, That a civil service board is hereby created for the City of Rome to consist of five members as follows: J. H. O'Neill, John M. Graham,

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H. R. McClatchey, J. D. McCartney and J. M. Bradshaw. Their term of office shall begin immediately and they shall hold their office for one year, or until their successors are appointed by the directors. They shall meet within ten days after their appointment and elect one of their number as chairman. The members of the board shall receive no salary, but all of their expenses, approved by the chairman, shall be paid by the city. Any member of the board may be removed by a two-thirds vote of the directors for neglect, incapacity or malfeasance in office, after written charge upon at least ten days' notice, and after a public hearing. The board shall employ a secretary and examinerhe may or may not be a citizen of the city,and shall fix his salary. Provision shall be made in the annual budget and appropriation bill for the salary of the secretary and examiner, and for the expenses of the board. Civil-service board. SEC. 28. Be it further enacted, That the civil service board shall make and promulgate rules for the appointment, promotion, suspension, transfer, lay-off, reinstatement, and removal of all city officers and employees not renumerated in section 23 of said amended Act. Such rules shall among other things, provide: Rules for city officers. ( a ) For the standardization and classification of all positions and employments in the civil service of the city. The classification into groups and subdivisions shall be based upon and graded according to their duties and responsibilities and so arranged as to promote the filling of the higher grades, so far as practicable, through promotion. All salaries shall be uniform for like service in each grade as the same shall be standardized and classified by the civil service board. The civil service so standardized and classified shall not include officers elected by the people, nor the judges, and may or may not include the directors of executive departments, or the superintendents, principals and teachers of the public schools, as may be directed by the council. Classification of employees. Salaries. ( b ) For open competitive tests, to ascertain the relative fitness of all applicants for appointment to the classified

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civil service of said city, including mechanics and laborersskilled and unskilled. Such tests shall be practical and relate to matters which will fairly measure the relative fitness of the candidates to discharge the duties of the position to which they seek to be appointed. Notice of such tests shall be given not less than ten days in advance by public advertisement in at least one newspaper of general circulation, and by posting a notice in the city hall. The board may by unanimous vote provide for non-competitive tests for any position requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, but all such actions of the board with the reasons therefor shall be published in its annual report. Competitive tests. ( c ) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in examination, and for the filling of places in the civil service of the city by selection from not more than the three candidates graded highest on such eligible list. Eligible lists shall remain in force not longer than two years. In the absence of an appropriate eligible list, any place may be filled temporarily without examination for a period limited by the rules, but not to exceed sixty days, during which time the board shall hold the necessary examination for filling the place permanently. With the consent of the board persons may be temporarily employed for transitory work without examination, but such employment shall not continue for more than sixty days, or be renewed. No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to or assigned to perform any duties of any position subject to competitive tests unless he shall have been appointed to the position from which transfer is made as the result of an open competitive test equivalent to that required for the position to be filled, or unless he shall have served with fidelity for at least two years immediately preceding in a similar position in the city. Each list of eligibles with the respective grades shall be open to public inspection. Any person appointed from

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an eligible list and laid off for lack of work or of appropriation shall be placed at the head of the eligible list and shall be eligible for reappointment for the period of eligibility as provided by the rules of the board. Eligible lists. Temporary employment. [Illegible Text] [Illegible Text] [Illegible Text] ( d ) For a period of probation not exceeding six months before an appointment or employment is made permanent. Probation. ( e ) For reinstatement on the eligible lists of persons who without fault or delinquency are separated from the service. Reinstatement. ( f ) For promotion from the lower grades to the higher, based upon competitive records of efficiency and seniority to be furnished by the departments in which the person is employed and kept by said civil service board, or upon competitive promotion tests, or both. Appointments to such higher positions as shall be specified by the board may, if the city directors approve, be made after competitive tests in which persons not in the service of the city may also compete as well as applicants for such positions from the lower grades of the service or from other branches thereof; and the appointments shall be made to such higher positions from those standing highest as in the case of other competitive tests. An increase in compensation within a grade may be granted upon the basis of efficiency and seniority records. Promotions. SEC. 29. Be it further enacted, That it shall be the duty of the civil service board to supervise the execution of the civil service sections and the rules made thereunder, and it shall be the duty of all persons in the public service of said city to comply with said rules and aid in their enforcement. The said board shall keep public records of its proceedings, of the markings and gradings upon examinations, and of all recommendations or certificates of the qualifications of applicants for office or employment; and it shall also keep a public record of the conduct and efficiency of each person in the service of the city, to be furnished by the head of the department in which such person is employed, in such form and manner as the board may prescribe.

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The board may make investigations concerning the facts in respect to the execution of the civil service sections and of the rules established thereunder and concerning the general condition of the civil service of the city or any branch thereof. The board shall fix standards of efficiency and recommend measures for co-ordinating the operation of the various departments and for increasing individual, group and departmental efficiency. Each member of the board, or any person whom the board may appoint to make such investigation, shall have power to administer oaths, to compel the production of books and papers and to subp[oelig]na witnesses. The board shall keep a complete public roster of all persons in the service of the city and certify to the proper official the name and compensation of each person employed; also every change occurring in any office or employment, and no treasurer or other public disbursing officer shall pay and no comptroller or other auditing officer shall authorize the payment of any salary or compensation to any person holding a position in the classified service, unless the pay-roll or account for such salary or compensation shall bear the certificate of the board that the person named therein has been appointed or employed and is performing service in accordance with the provisions of this charter and the rules hereby authorized. Any sums paid contrary to the provisions of this section may be recovered from any officer paying or authorizing the payment thereof and from the sureties on his official bond. Supervision. Rules. Records. Duties and powers of board. Payments. SEC. 30. Be it further enacted, That any officer or employee in the classified service may be removed, suspended, laid-off, or reduced in grade by a two-thirds vote of the directors for any cause which will promote the efficiency of the service; but he must first be furnished with a written statement of the reasons therefor and be allowed a reasonable time for answering such reasons in writing, which answer, if he so requests, shall (so far as the same is relevant and pertinent) be made a part of the records of the board; and he may be suspended from the date when such written statement of reasons is furnished him. No

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trial or examination of witnesses shall be required in such case except in the discretion of the officer making the removal. In all cases provided for in this paragraph the action of the city directors shall be final. The civil service board shall also have the right to remove or reduce any official or employee upon written charges of misconduct preferred by any citizen, but only after reasonable notice to the accused and full hearing. It shall also be the duty of the board to fix a minimum standard of conduct and efficiency for each grade in the service, and whenever it shall appear from the reports of efficiency made to said board, for a period of three months, that the conduct and efficiency of any employee has fallen below this minimum, such employee shall be called before the board to show cause why he should not be removed, and if upon hearing no reason is shown satisfactory to the board he shall be removed, suspended or reduced in grade as the board shall determine. Removal or suspension. SEC. 31. Be it further enacted, That no person shall wilfully or corruptly make any false statement, certificate, mark, grading or report in regard to any examination or appointment held or commit any fraud upon the impartial execution of this article or of the civil service rules and regulations. No person in the classified service shall directly or indirectly, give, solicit or receive or be in any manner concerned in giving, soliciting or receiving any assessment, subscription or contribution for any candidate for office, or purpose whatever. No person whosoever shall orally or by letter solicit or be in any manner concerned in soliciting an assessment, subscription or contribution for any candidate for office from any person holding a position in the classified service. No person shall use or promise to use his influence or official authority to secure any appointment or prospect of appointment to any position classified and graded under this charter as a reward or return for personal or partisan political service. No person about to be appointed to any position classified and graded under this charter shall sign or execute a resignation dated or undated in advance of such appointment.

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No person in the service of the city shall discharge, suspend, lay off, degrade, or promote, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten to do so, for with-holding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person shall take part in preparing any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected from any person in the classified service of the city; and no person shall knowingly send or present, directly or indirectly, in person or by letter, any political assessment, subscription or contribution to, or request its payment by any person in the classified service. No person in the service of the city shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any nomination or election to public office. No person holding office or place classified and graded under the provisions of this article shall act as an officer of a political organization or take any active part in a political campaign or serve as a member of a committee of any such organization or circulate or seek signatures to any petition provided for by any primary or election laws other than an initiative or referendum petition, or act as a worker at the polls in favor of or opposed to any candidate for election or nomination to a public office, whether Federal, State, county or municipal. Fraud and other forbidden acts. SEC. 32. Be it further enacted, That no question in any examination held hereunder shall relate to political or religious opinions, affiliations or service, and no appointment, transfer, lay-off, promotion, reduction, suspension, or removal shall be affected or influenced by such opinions, affiliations or service. Political and religious opinions not to affect. SEC. 33. Be it further enacted, That any person who shall wilfully, or through culpable negligence, violate any of the provisions of this article or of the rules of the board made in pursuance thereof shall be guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not less

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than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. If such person be an applicant for examination he shall be excluded therefrom. If he be an eligible his name shall be removed from the eligible list, and if he be an officer or employee of the city he shall thereby be removed forthwith from the service. Penalty for violation. SEC. 34. Be it further enacted, That any taxpayer in the city may maintain an action to recover for the city any sum of money paid in violation of the civil service provisions, or to enjoin the board from attaching its certificate to a pay-roll or account for services rendered in violation of this charter or the rules made thereunder and the rules made under the foregoing provisions shall for this and all other purposes have the force of law. Taxpayer's right of action. SEC. 35. Be it further enacted, That all the officials and employees now in office coming under the provisions of this section shall hold their positions until the first Monday in April, 1918, subject to the city directors, or until their successors are appointed by the civil service board. Holding officials. SEC. 36. Be it further enacted, That prior to the first Monday in April, 1918, after all civil service rules have been made and promulgated and all examinations held, the civil service board shall appoint all city officials and employees necessary to the service of the city, not elected by the people and not enumerated in section 9 of this Act and, having fixed their salaries, report the same to the directors who shall, at their first regular meeting after the first Monday in April, 1918, ratify the action of the board and install said officials and employees in offce, and put into effect all the provisions of the civil service law. All the present officials and employees coming under the provisions of this Act shall hold their positions until the first Monday in April, 1918, or until their successors are appointed and installed. Appointments by civil-service board. SEC. 14. Be it further enacted, That section 29 of said

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Act shall be designated as section 37 and is hereby amended by striking out the words: three members of the commission, in the thirteenth and fourteenth lines of said section, and inserting in lieu thereof the words: four members of the directory. Section amended. SEC. 15. Be it further enacted, That the numbers of the sections 30, 31, 32, 33, 34, 35, 36 and 37 of said Act be changed and shall be designated, respectively, as sections 38, 39, 40, 41, 42, 43, 44 and 45. Section numbers changed and sections amended or repealed. SEC. 16. Be it further enacted, That section 38 of said Act shall be designated as section 46 and is hereby amended by adding at the end of said section the following words, to wit: Provided, such costs shall be turned into the treasury of the city. SEC. 17. Be it further enacted, That the numbers of sections 39 and 40 of said Act be changed and designated, respectively, as sections 47 and 48. SEC. 18. Be it further enacted, That section 41 of said Act be designated as section 49 and is hereby amended by striking from lines five and six the words: The first commissioner to appoint a member of the commission, and inserting in lieu thereof the following words: the chairman of the directors to appoint one of the directors. SEC. 19. Be it further enacted, That the numbers of sections 42, 43, 44, 45, 46 and 47 of said Act be changed and designated, respectively, as sections 50, 51, 52, 53, 54 and 55. SEC. 20. Be it further enacted, That section 47 of said original Act be amended by striking from said section in line five thereof the word saloon. SEC. 21. Be it further enacted, That the numbers of sections 48, 49, 50, 51, 52, 53 and 54 of said Act be changed and designated, respectively, as sections 56, 57, 58, 59, 60, 61 and 62. SEC. 22. Be it further enacted, That section 55 of said

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Act shall be designated as section 63 and is hereby amended by adding to said section the following words: Provided, that no temporary loan authorized by this section shall be made without public notice at least two weeks before final action by the directors and the approval of a majority of all the directors. SEC. 23. Be it further enacted by the authority aforesaid, That section 56 of said Act shall be designated as section 64 and is hereby amended by adding to said section the words: All moneys turned over to them must be immediately by them turned over to the proper custodian and by him deposited in the city depository and on the same terms as the city deposits. SEC. 24. Be it further enacted, That the numbers 57, 58, 59, 60, 61, 62, 63 and 64 of said original Act be changed and designated, respectively, as sections 65, 66, 67, 68, 69, 70, 71 and 72. SEC. 25. Be it further enacted, That section 65 of this Act be and the same is hereby repealed. SEC. 26. Be it further enacted, That the numbers of sections 66, 67, 68, 69 and 71 of said original Act be changed and designated, respectively, as sections 73, 74, 75, 76 and 77. SEC. 27. Be it further enacted, That section 70 of said Act be and the same is hereby repealed. SEC. 28. Be it further enacted, That section 72 of said Act shall be designated as section 78 and is hereby amended by striking out in line five the word four and inserting the word two; by striking out of said section, in lines thirty-three and thirty-four, the words: the first commissioner, or, in his absence or disqualification, the first commissioner pro tem, and inserting in lieu thereof the word directors. SEC. 29. Be it further enacted, That the numbers of sections 73, 74, 75, 76, 77, 79, 80, 81, 83 and 84 of said original

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Act be changed and designated, respectively, as sections 79, 80, 81, 82, 83, 85, 86, 87, 88 and 89. SEC. 30. Be it further enacted, That section 78 of said Act shall be designated as section 84 and is hereby amended by striking out of line six the words first commissioner and inserting the words, chairman of the board of directors. SEC. 31. Be it further enacted, That section 82 of said Act be and the same is hereby repealed. SEC. 32. Be it further enacted, That section 85 of said Act be designated as section 90 and paragraph h of said section be amended by striking out of the nineteenth line of said paragraph the words: through the superintendent of public works, and inserting in lieu thereof the words: through the marshal of said city. SEC. 33. Be it further enacted, That the numbers of sections 93, 94, 95, 96, 97, 98, 99, 100 and 101 of said original Act be changed and designated, respectively, as sections 98, 99, 100, 101, 102, 103, 104, 105 and 106. SEC. 34. Be it further enacted, That section 91 be amended by striking therefrom the figures 1919 where they occur in lines twelve and thirteen and inserting in lieu thereof the figures 1918. SEC. 35. Be it further enacted, That section 92 of said Act shall be designated as section 97 and is hereby amended by striking from line eleven of said section the words, first commissioner or in his absence the first commissioner pro tem., and inserting in lieu thereof the words, chairman of the directors or in his absence the chairman pro tem. SEC. 36. Be it further enacted, That section 102 of said Act shall be designated as section 107 and is hereby amended by striking out the first nine lines thereof and in lieu thereof insert the following words: The marshal of said city shall be the health officer and food inspector of the city. He shall have power to use the entire police force as aids in his work. The city physician shall aid the marshal in performing

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his duties when called upon by him. Said marshal shall have authority. Said section is also hereby amended by striking from the lines three, four, five, six and seven of paragraph g of said section the words: said commission may elect a food inspector for said City of Rome and to fix, by ordinance, his term of office, compensation and duties, or they may select some other official of said city to perform these duties. The said inspector provided for in this clause, and inserting in lieu thereof the words: the city marshal. Also amend said section by striking therefrom paragraph h and inserting in lieu therefor the following paragraph: Health and food in- (h) The money now deposited by the commissioners in the Exchange National Bank of the City of Rome derived from the sale of hospital bonds shall be loaned by the city attorney with the concurrence of the bond trustees of the City of Rome at not less than 6 per cent. nor more than 7 per cent. per annum, secured by Federal, State or city bonds, or by real estate of not less than twice the value of the amount loaned thereon, and the interest therefrom shall be kept as a separate fund to provide each year medical and surgical service for charity patients living in the City of Rome, who are unable to pay for such service, in some first-class private hospital. Said hospital shall be strictly fire proof; shall be provided with complete laboratory and X-ray equipment, employing a competent fulltime, salaried person for the same. As soon as said money is loaned the contract for such hospital services shall be made by the present bond trustees of the City of Rome, and it shall be their duty to see that the contract is faithfully carried out. They shall receive no salary for such services. Loan of money on deposit. Hospital service. SEC. 37. Be it further enacted, That section 103 of said Act shall be designated as section 108 and is hereby amended: Sections amended. 1st. By striking the words: chief of police, in line three of said section, and inserting in lieu thereof the words: marshal, as heretofore provided.

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2nd. By striking the words: commission by resolution, in line five of said section, and inserting in lieu thereof the words: civil service board. 3rd. By striking from said section the words: chief of police, in the sixth line of said section, and inserting in lieu thereof the word marshal. 4th. By striking from lines eight, nine and ten of said section the words: except the chief of police shall not be placed under civil service regulations. 5th. By adding to the end of said section the words: Until the first Monday in April, 1918, or until their successors are appointed by the civil service board. SEC. 38. Be it further enacted, That section 104 of said Act shall be designated as section 109 and is hereby amended by striking from said section the words chief of police, whenever they appear, and inserting in lieu thereof the word marshal. SEC. 39. Be it further enacted, That the number of section 105 of said original Act be changed and designated as section 110. SEC. 40. Be it further enacted, That section 106 of said Act shall be designated as section 111 and is hereby amended by striking from lines ten, eleven and twelve of said section the words: commission or the first commissioner of said city to perform services for the City of Rome, and inserting in lieu thereof the words: Directors of said city to perform services for the City of Rome, or by any citizen or Rome, in the enforcement of law. SEC. 41. Be it further enacted, That section 107 of said Act shall be designated as section 112 and is hereby amended: 1st. By striking from the fourth line of said section the word commission and inserting in lieu thereof the words: civil service board. 2nd. By striking from the lines seven and eight of said

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section the words: adopted by ordinance, and inserting in lieu thereof the words: in force. 3rd. By inserting in said section, between the words elected and said, in line ten of said section, the words: until the first Monday in April, or until their successors are appointed by the civil service board. SEC. 42. Be it further enacted, That section 108 of said Act shall be designated as section 113 and is hereby amended by striking from the line two the word may and inserting in lieu thereof the word shall. SEC. 43. Be it further enacted, That section 109 of said Act shall be designated as section 114 and is hereby amended by striking from line seven the word may and inserting in lieu thereof the word shall. SEC. 44. Be it further enacted, That section 110 of said Act shall be designated as section 115 and is hereby amended by adding to and at the end of said section the following words: It shall be the duty of the fire chief to carry out the provisions of this section. SEC. 45. Be it further enacted, That section 111 of said Act shall be designated as section 116 and is hereby amended by adding to and at the end of said section the following words: It shall be the duty of the fire chief to carry out the provisions of this section. SEC. 46. Be it further enacted, That the numbers of sections 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127 and 128 of said original Act be changed and designated, respectively, as sections 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 and 133. Section numbers changed. SEC. 47. Be it further enacted, That wherever in said Act the words commissioners, commission, commissioner or first commissioner, appear, the same are hereby stricken out and the words directors, directory, director or directory chairman are inserted in lieu thereof. Words changed. SEC. 48. Be it further enacted by the authority aforesaid,

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That at the expiration of thirty days from the passage and approval of this Act, the first commissioner shall call a special election, as special elections are now called and held under the present charter of the City of Rome, for the purpose of submitting to the qualified voters of the City of Rome this Act for ratification or rejection. All qualified voters of said city shall be entitled to vote in this election. Those desiring to ratify this Act and amending the charter of said city shall have written or printed on their ballot: For charter amendments, and those who are against ratifying this Act and are opposed to the amendments herein proposed shall have written or printed on their ballots: Against charter amendments. The laws of the city governing regular elections shall be applicable in this election. The day following said election, between the hours of eleven and twelve o'clock, the commissioners of said city, or a majority of them, shall meet at the city hall in open session and canvass the returns and declare the result. In the event a majority of the voters in said election shall vote for charter amendment, then in that event the provisions of this Act shall become of full force and effect; but, on the other hand, in the event a majority of voters in said election vote against charter amendment, then this Act shall be void and of no force or effect. Election for ratifying this act. SEC. 49. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1917. ROSWELL, TOWN OF; NEW CHARTER. No. 108. An Act to create a new charter for the Town of Roswell, in the County of Cobb, State of Georgia, to establish a municipal government for said town; to define the rights, powers and duties of the same; to repeal all conflicting laws, and to consolidate and supersede all

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prior Acts or orders of incorporation or amendments, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Roswell, located in the County of Cobb, State of Georgia, be and are hereby incorporated under the name and style of the Town of Roswell and the said Town of Roswell is hereby chartered and made a town under the corporate name of the Town of Roswell, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the said Town of Roswell, shall be and are hereby vested in the said Town of Roswell, as created by this Act; and the said Town of Roswell, as created by this Act, may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said town, as to said mayor and council may seem best, and which shall be consistent with the laws of the State of Georgia, and the laws of the United States; and the said Town of Roswell shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate, or estates, real or personal, land, tenements and hereditaments, and of whatever kind, and within or without the limits of said town, for corporate purposes. Said Town of Roswell 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 Town of Roswell, and its mayor and council, as a body corporate, as heretofore incorporated. Corporate name. General powers. Succession.

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SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at the southeast corner, where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek a boundary line, to the mouth of Oxbow Creek; thence north along Oxbow Creek to where the line of Cobb County crosses said creek; thence west along the line of Cobb and Milton Counties to Canton road; thence west to the northwest corner of land lot No. 388; thence south on a line with the west line of said land lot No. 388 to the southwest corner of land lot No. 381; thence east along the line of land lots Nos. 381, 418, 420 to a point where the south line of lot No. 420 crosses the Chattahoochee River; thence in an eastern direction along the northern bank of said river to the starting point at the mouth of Vickery Creek. Territorial limits. SEC. 3. Be it further enacted, That the three wards in said town, as they now exist, shall remain as now laid out until changed by authority of law. Three wards. SEC. 4. Be it further enacted, That the municipal government of said Town of Roswell shall consist of and be vested in a mayor and six councilmen; that the present mayor and the six councilmen of said Town of Roswell, who were elected in January, 1917, shall continue in the offices to which they were elected until the second Monday in January, 1918, or till their successors are elected and qualified, and said mayor and said councilmen shall exercise all the powers and authority conferred upon the mayor and council of said Town of Roswell created by this charter. Mayor and council. SEC. 5. Be it further enacted, That on the 2nd Monday in January, 1918, there shall be elected for said town by the qualified voters therein a mayor and six councilmentwo of said councilmen to be elected from each of the three wards in said town, and annually thereafter on the 2nd Monday in January there shall be elected for said town, by the qualified voters therein, a mayor and six councilmentwo councilmen from each of the three wards in said town. The term of office of the mayor and councilmen elected under

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the provision of this section shall be one year, commencing on the 1st Monday in February next after their election, and until their successors are elected and qualified. On the said 1st Monday in February after their election the mayor and councilmen-elect shall meet in the town council chamber, or other usual place for holding council meetings in said town, and then they 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 Town of Roswell during my term of office, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide by ordinance for regular meetings, not less than one a month and may hold such special or called meetings as the business of the town may require and to be convened as provided by ordinance. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal or otherwise the mayor and council, or, in case the mayor's office is vacant, the council, shall order an election for the purpose of filling such vacancies, by giving notice such as may be provided by ordinance and by publication in a newspaper published in said town, or if none such, then said notice to be posted in three of the most public places in said town, and such elections shall be held, returns made and results declared in the same manner as in the regular election for mayor and councilmen as hereinafter described; provided, that in case such vacancy or vacancies occur within ninety days preceding the regular election in said town, then in that event the said vacancy or vacancies may be filled by the mayor and councilmen of said town, and persons so elected shall be duly qualified to fill such vacancies. Should the mayor or any member of council fail or refuse to perform the duties of his office for a period of three consecutive months, provided such failure

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is not from providential causes, the office may be in the discretion of the council or the mayor and remaining members of council declared by resolution vacant and the vacancy or vacancies filled as before provided. Election of mayor and council. Term of office. Oath of office. Meetings. Vacancy in office. SEC. 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said town shall be managed by a justice of the peace, or some other judicial officer and three freeholders, one from each ward, who are citizens of said town and own real estate therein; and each of said managers, before entering on this duty, shall take and prescribe before some justice of the peace, or some other officer qualified to administer oaths or before each other the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept copies of two lists of voters and two tally sheets. All elections shall be held at the council chamber in said town, and the voting shall be by ballot. At the election of mayor and councilmen, separate ballot boxes shall be kept for the election of council members, so that each ward shall be entitled to vote separately for councilmen, but the election of mayor shall be by the qualified voters of the entire town, the polls shall be opened at 8 o'clock A. M. and close at 3 o'clock P. M. Persons receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks of all elections held under the provisions of this charter shall be appointed by the mayor prior to the election and the mayor and council shall determine and provide for the pay of managers and clerks. Elections, conduct of SEC. 7. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the ordinary of Cobb County, Georgia. The other shall be placed in a package and sealed and

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forthwith delivered to the clerk of said town who shall faithfully keep the same and at the first meeting of the mayor and council occurring after the expiration of three days from said election, and within thirty days after said election, deliver the said package to the mayor and councilmen, who shall open the same and declare the result. If the result of any election held in said town is contested, notice of said contest shall be filed in writing with the ordinary of Cobb County, plainly setting forth the grounds of contest, within three days after said election and upon the payment of ten dollars as a guarantee of cost in advance by the contestant, or contestants, to said ordinary. The said ordinary shall within two days after the contest is filed make a copy of the same to be served by the sheriff or his deputy on the contestee, if said contest is for an office; and if the result of any election in which any question is submitted is contested, then said ordinary shall cause the notice and copy of the contest to be served on the mayor of said town. Said ordinary shall fix the time for hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' written notice. The contestant shall pay the sheriff or his deputy, in advance, two dollars for service and notice of the contest, and the contest shall be held at the court-house in said county. The ordinary is authorized, empowered and directed to hear and determine any contest and the losing party shall pay all cost, for which the ordinary shall issue the usual execution, when necessary. Result of election, how declared. Contest of election. SEC. 8. Be it further enacted, That all persons qualified to vote in this State for members of the General Assembly and who shall have paid all taxes legally imposed and demanded by the authorities of said town and who shall have resided in said town three months prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held under the provisions of this charter. Qualified voters. SEC. 9. Be it further enacted, That the mayor and council

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of said town shall have full power and authority to provide by ordinance for the registration of all voters prior to any election of municipal officers, bond elections, special election of any kind, or any other municipal election in said town, to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as required by the rules of said town, and to fix suitable penalties for the violations of such registrations, ordinances or parts of same. Registration of voters. SEC. 10. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said town unless he shall have resided in said town not less than one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said town, and who has not been convicted and sentenced for any violations of the criminal laws of Georgia, involving moral turpitude, and who is entitled to register under the registration laws of said town; provided, that in the election of councilmen no person shall be eligible who has not resided in the ward from which he is elected for not less than three months immediately preceding the election at which he is voted for. Eligibility as mayor or councilman. SEC. 11. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held on the first Monday in February in each year after the regular municipal election in January, for the purpose of reorganization, the council shall elect one of their number mayor pro tem. for a term of one year, who shall, in the absence or disqualification of the mayor or during a vacancy in said office, perform and discharge all the duties, and exercise all of the authority of the office of mayor upon taking the usual oath. The mayor and council shall also, at said meeting, elect a town clerk and treasurer, said clerk and treasurer may be one and the same person. They shall also at said meeting elect a marshal, who may be chief of police, and as many policemen as in their judgment may be necessary, a city attorney, if they deem one needed, and such other town officers as the mayor and council shall deem

Page 841

necessary in the government of said town. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; all official bonds shall be made payable to the Town of Roswell. Said mayor and council shall have power and authority in their discretion to suspend and remove such officers from office, or impose fines on said officers; provided, before removal or fine, said officer shall be entitled to a hearing before the mayor and council on the charges preferred under such rules as the mayor and council at said meeting to fix their own salaries and the salaries, fees or compensation of all the other officers, agents or employees of said town, which, once fixed, shall not be changed during the term of office of said officers, agents or employees. All of said officers, agents and employees shall be elected or appointed for a term of not more than one year or until their successors are elected or appointed and qualified. Mayor pro tem. Clerk and treasurer. Marshal, and policemen. SEC. 12. Be it further enacted, That the mayor, or the mayor pro tem., and four councilmen shall constitute a quorum for the transaction of business and the majority of the votes shall determine questions before them, provided, that the mayor or the mayor pro tem., if he be presiding in the absence of the mayor, shall vote only in a case of a tie vote. Quorum. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer of the Town of Roswell. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully and impartially executed and enforced and that all of the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said town, and he shall preside at all meetings of the council; he shall have the power to convene the council in extra session whenever in his judgment it becomes necessary, and shall also do so whenever requested by a majority of the councilmen in writing. He shall be ex-officio a member of the board of education and of all other boards authorized by

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law in said town now in existence or hereafter created. He shall have authority to approve the bonds of any officer of said town required to be taken. Mayor's duties and powers. SEC. 14. Be it further enacted, That the mayor of said town, or, in his absence or disqualification, the mayor pro tem., or, in the absence or the disqualification of both of these officers, any one of the councilmen elected as herein prescribed shall hold a mayor's court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said town and on conviction shall punish such offenders by a fine not to exceed one hundred dollars, or imprisonment in the guard-house of said town not to exceed sixty days, or by compelling them to work upon the streets of said town not exceeding sixty days, and any one or more of such punishment may be ordered in the discretion of the court, and the offender shall also be liable for the cost of the proceedings. Said court shall have full power to punish by fine, imprisonment, or work on the streets persons guilty of contempt to said court, said fine in no case to exceed ten dollars and said imprisonment or street work not to exceed ten days. Said court shall have full power and authority to issue executions directed to the marshal and his deputies, for the enforcement of any and all fines imposed and for the collection of all cost, to provide for the enforcement of its sentence, to imprison in the guard-house in said town any and all persons who may be convicted of offenses under this Act or the ordinance and regulations passed in pursuance thereto, where the penalty is imprisonment, and to imprison in said guard-house any and all persons guilty of such offenses where the penalty is a fine and until such fine and cost is paid or otherwise discharged according to law. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, or arrested for the violation of any ordinance, order, or by-laws, rules or regulation and when the offense charged is a violation of a municipal law, the marshal shall take a bond in the amount so fixed, payable to the mayor of said town, and said bond and its securities

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to be approved by said presiding officer, or in lieu thereof the marshal may take a cash deposit of said amount and if said offenders shall fail to appear at the time and place fixed for said trial the cash so deposited shall be by the order of the officer presiding declared to be forfeited to the Town of Roswell. Upon the trial of any case before the mayor's court either party dissatisfied with the decision of said court may, upon giving bond and security and paying the cost within two days, appeal his case to the council, presided over by the mayor and, from the decision of said council, may certiorari his case to the superior court of Cobb County, Georgia, upon complying with the law in such cases made and provided. Mayor's court; powers, etc. Appeal and certiorari. SEC. 15. Be it further enacted, That the mayor, mayor pro tem. or acting mayor, when any person, or persons, arraigned before the mayor's court, charged with a violation of any of the ordinances, regulations or rules of said town, may, for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused may be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem. or acting mayor and an execution issued thereon by serving the defendant, if any where to be found, and his securities a rule nisi at least five days before hearing said rule nisi, and final judgment passed thereon. Appearance bonds. SEC. 16. Be it further enacted, That persons convicted before the mayor's court may enter an appeal from the judgment of said court to the council, provided the appeal be entered within two days after the judgment complained of is pronounced, and provided, further, the defendant pays the accrued cost in the case and gives bond and security to abide the final judgment of the case, which bond must be approved by the mayor, mayor pro tem. or acting mayor. The said council at their next meeting, or earlier if practicable, shall hear and determine said case so appealed and

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shall investigate the case fully as if same had not been tried, that is de novo. They shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor. Any person convicted by the council on the appeal shall have the right of certiorari to the superior court of Cobb County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case as above provided or to certiorari the same to the superior court to file the usual pauper affidavit in lieu of either giving the bond and security or paying any of the cost. Certiorari shall be governed by the same rules that govern other certioraris, except as above specified. Appeals. Hearings. Certiorari. SEC. 17. Be it further enacted, That it shall be lawful for the marshal or any police officer of said town to arrest without warrant any person or persons, within the corporate limits of said town, who at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said town or who has reasonable belief or reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the case 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 guard-house of said town, or in the jail of Cobb County, for a reasonable length of time. The marshal and the police officers of said town are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The marshal and police officers of said town are also authorized to arrest any where within this State any person charged with violating any ordinance of said town, provided, the arrest is made in obedience to a written warrant signed by the mayor or mayor pro tem. of said Town of Roswell. The mayor and council of said town shall have power and authority to authorize and empower the marshal or any police officer of said town to summons any and all bystanders

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to aid in the arrest of any person or persons violating any ordinance of said town or any criminal law of this State and to provide punishment for any person or persons failing or refusing to obey such summons. Arrest and imprisonment without warrant. Warrants, execution of. SEC. 18. Be it further enacted, That the mayor and council may at any time after the passage of this Act elect three intelligent and upright persons, citizens and qualified voters of the town, owners of real estate therein, tax-assessors, whose term of office shall be for one year. Said town tax-assessors may at any time be removed from their office by the mayor and council for good and sufficient cause, to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time; and it shall be the duty of said tax-assessors to assess the value of all real estate located in said town for the purposes of taxation by said town; and it shall be their duty to examine tax returns placed before them by the clerk of said town who shall receive the same, and increase the valuation of real or personal property therein, when in their judgment the value placed thereon by the taxpayer is too small. The mayor and council shall have power to prescribe rules for the government of said town tax-assessors. Said assessors shall make returns of the assessment made by them to said mayor and council each year at such time as may be prescribed by the mayor and council. When said returns are made said mayor and council shall set a time and place for hearing objections to assessments, said objections to be heard by said mayor and council. The clerk of said town shall give each owner of property, where tax returns have been increased, at least five days' notice of such hearings, stating therein the amount of the increase. If the property has been returned by an agent, notice to the agent shall be sufficient; if the owner is a non-resident of said town, and has no agent residing therein, the mayor and council shall prescribe what notice, if any, shall be given. Said mayor and council shall have power to provide by ordinance for assessing all property, both real and personal, located in and subject to taxation by said town, and for double taxing defaulters. The

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town assessors shall take such oath and receive such pay as the mayor and council may prescribe. Such town tax-assessors shall have power to require the taxpayers to furnish them with a list of all personal property, notes, accounts, mortgages, stocks, bonds and other securities and investments and choses in action when in their opinion the production is necessary for a correct, just and true assessment. All assessments made by said assessors of real estate shall become final, and if no objections are made on or by the date set for hearing objections by the said mayor and council, notice having been given of such hearing, and if objections are made at the time of the hearing and assessment, the decision of said mayor and council on said assessment, whether they increase or decrease, then shall be final. Tax-assessors. Returns. Notice of increased assessment. SEC. 19. Be it further enacted, That the mayor and council shall have the right and authority to provide by ordinance when all property in said town shall be returned for taxes, when taxes thereon shall fall due, when taxes shall be paid, when executions shall be issued against those who have not paid their taxes by the time fixed by ordinance; fix a penalty for non-payment of taxes when due and any and all other acts that will effectively enforce the payment of all legal and just taxes due said town on all property subject to taxation therein. Tax-returns, executions, penalty. SEC. 20. Be it further enacted, That the mayor and council shall have full power and authority to license, regulate and control and to collect such taxes as to them shall seem proper, upon all billiard tables, pool tables, roulette tables, or other tables kept and used for the purpose of playing or gaming, or renting, and on all ten-pin alleys, or alleys of any kind, which are kept and used for playing on with pins and balls or either, or for the purpose of renting the same, and on all peddlers, itinerants, merchants and traveling vendors of patent medicines, soap, notions, wares, or other articles of merchandise, being sold or offered for sale either for himself or for another, upon all merry-go-rounds, doll racks, knife racks, shooting galleries, and all other business of like character; upon all insurance companines, accident

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companies, guarantee companies, soliciting business in said town, or their agents. Said mayor and council shall have power and authority to levy and collect a tax of not exceeding one hundred dollars for each exhibition from all itinerant shows, circus riding, moving picture shows, tumbling, sleight of hand tricks or legerdemain, or any other kind whatever, coming under the description of shows, and all traveling concerts, theatrical companies, or persons performing, showing or exhibiting for pay. All of said taxes shall be fixed by said mayor and council, and they may be enforced by execution as other taxes, or the mayor and council may provide by ordinance for the arrest, fine and imprisonment of any one failing or refusing to pay any such taxes as they may owe said town, or for doing business without first paying said taxes. Said mayor and council are also authorized to levy and collect an annual tax from all individuals, contractors, firms and corporations engaged in business in said town and issue to them proper business license, other than those hereinbefore mentioned. The collection of said business taxes may be enforced by execution as other taxes, ten dollars to be the limit under this clause. Taxation, license and regulation of occupations. SEC. 21. Be it further enacted, That the mayor and council of said town shall have full and complete control of the streets, public roads, sidewalks, alleys, public squares and all public ways in said town, and shall have power and authority to maintain, work or improve the same in any manner they may deem to the best interest of said town, and shall have authority to buy and condemn property of all kinds, for the purpose of widening, straightening, grading or in any may changing said street, or for the purpose of laying out and building new streets, alleys or public ways in said town; and when it becomes necessary to condemn shall be in the hands of the owner, trustee, administrator, executor, guardian or agent; said condemnation may be done in the manner provided in sections 5206 to 5235, inclusive, of the Code of Georgia of 1910, the acts amendatory thereof, and the general laws of this State relating thereto. The mayor and council shall have the further right, power

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and authority to provide and regulate, or have the same done, the curbs, gutters and other sluice ways or drain ways emptying into the streets, sidewalks, alleys or other public ways of said town. Streets, alleys, squares, etc. Condemnation. SEC. 22. Be it further enacted, That the mayor and council of said town shall have full power and authority to construct, equip, maintain a system of electric lights or lighting plant, a system of waterworks, and a system of sewerage, and to that end shall have full power and authority to acquire by purchase, gift, or condemnation proceedings all necessary land, easements, water supplies and franchises. Waterworks, sewers, lights. SEC. 23. Be it further enacted, That in the event of said Town of Roswell can not procure by purchase the necessary land for the right of way of streets, waterways, for the construction of a lighting system, waterworks and sewerage, then the mayor and council of said town will have the right to exercise the power of eminent domain and to condemn such land, easement, rights of way of waterways, and franchises, in manner and form as provided by the laws of this State. Condemnation. SEC. 24. Be it further enacted, That the mayor and council of the Town of Roswell shall have full power and authority of laying the necessary mains, pipes, conduits and drains for waterworks and sewer purposes, and the right to erect poles, posts and wires for the purpose of conveying electricity and lighting said town, said rights to apply to the public highways of the County of Cobb and County of Milton and over and across and under the land of persons, firms and corporations, upon payment of just compensations that may be agreed upon or assessed as provided by the laws of this State. Mains, pipes, poles and wires, etc. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of the Town of Roswell shall have power and authority to grant franchisements, easements and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, public squares, and other public property of said town, on such terms and conditions as said mayor and council may fix. Franchises, etc.

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SEC. 26. Be it further enacted, That the mayor and council of said Town of Roswell may require and compel all male persons of said town, subject to road duty under the laws of Georgia, to work on the streets of said town not exceeding fifteen days in each year at such time or times as the mayor and council may require or to pay a commutation tax in lieu thereof not to exceed five dollars in any one year, as said mayor and council may determine. Said mayor and council may pass ordinances as they may deem proper for the purpose of enforcing this section, and all persons convicted by the mayor and council for the violation of this section shall be fined in any sum not exceeding fifteen dollars or imprisonment in the guard-house, or by labor on the streets not exceeding twenty days. Road work or commutation tax. SEC. 27. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said Town of Roswell, the mayor and council of said town shall have full power and authority for assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, and every other species of property in said town or owned or held therein, of not exceeding fifty cents on each one hundred dollars worth of property, exclusive of taxes for public roads as now authorized by law, and exclusive of the taxes now authorized by law for the purpose of paying the principal and interest on bonds heretofore issued by said town authorities; and to provide a fund for the payment of the principal and interest on said bonds a greater ad valorem tax may be levied and collected. Ad valorem tax. SEC. 28. Be it further enacted, That the said mayor and council of the Town of Roswell shall have full power and authority to adopt and enforce such ordinances, rules and regulations as they may deem necessary for the good health and sanitary conditions of said town to control by ordinance, all sewers, drains, private drains, water-closets, privies and the like in said town and prescribe their location, structure and use, and to make such rules and regulations

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or to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said town. Health and sanitation. SEC. 29. Be it further enacted, That the mayor and council of the said Town of Roswell shall have power and authority to make and enforce all ordinances necessary for the prevention of any contagious or infectious disease, or the spreading or communication thereof, to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of the said rules and regulations. They shall have power to establish and maintain and exercise police power over a pesthouse within or without the limits of said town, and for this purpose they are authorized to buy, hold or rent or receive real estate or buildings within or without said town limits. They shall have power to compel the removal to the pesthouse of any person or persons who have smallpox or other contagious or infectious disease, when in their wise and intelligent judgment, it is best for the general welfare and health of said town. Quarantine regulations. SEC. 30. Be it further enacted, That the mayor and council of the Town of Roswell shall have power and authority to organize a chain or work-gang, and to confine therein persons who have been sentenced by the court of the Town of Roswell to work upon the streets of said town, and shall have the power to make rules and regulations that may be suitable or necessary for the care and control of said gang and to enforce same through its proper officers. Work-gang. SEC. 31. Be it further enacted, That in case the mayor or any councilman of the Town of Roswell while in office shall be guilty of malpractice or wilful neglect in office, or the abuse of the power conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the mayor and council, or by the council in case

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of the mayor, and, upon conviction by not less than four votes, shall be removed from office. Malpractice or willful neglect. SEC. 32. Be it further enacted, That the mayor and council of the Town of Roswell shall have full power and authority to make an assessment for sanitary purposes on the various lots or tracts of land in said town, not to exceed five dollars per annum on each lot assessed, and said mayor and council are fully empowered to collect the same by execution against the lot so assessed and the owners thereof in the same manner as is provided in this charter for collection of other town assessments or taxes. The sanitary tax so collected shall be used solely for sanitary purposes. The mayor and council shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments; provided, that no residence lot shall be fixed at less than twenty-five feet, and provided, further, that no sanitary assessment shall be made against vacant property, nor shall any residence lot with dwelling thereon be subdivided. Sanitary tax. SEC. 33. Be it further enacted, That the mayor and council of said town shall have power and authority, when necessary to supply casual deficiencies in the revenue of said town, to negotiate temporary loan or loans and execute a note or notes therefor in the name of the Town of Roswell, as may be provided by resolutions or ordinance for that purpose; provided, that the total sum borrowed in any year shall not exceed one fifth of one per centum of the assessed value of the taxable property within said town for that year; provided, that said loans shall always become due and payable and be actually paid in full before December the 31st of the year in which borrowed. Temporary loans. SEC. 34. Be it further enacted, That the mayor and council of said Town of Roswell shall have power and authority to regulate or prohibit the use of the streets, alleys, sidewalks and public grounds for signs, signpost, awnings, telegraph, telephone poles, wire for telegraph, telephone or electric lighting or power purposes, electric light or power poles, watering places, hitching-post or racks,

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and for posting bills and advertising matter, to regulate or to prohibit the carrying of handbills, banners or placards on the streets, sidewalks or public places of said town, and the gathering or holding of public meetings for any purpose therein or thereon, also to compel any telegraph or telephone or electric light or power company, having previously erected poles and wires in said town, to remove the same to any reasonable location designated by the mayor and council at the expense of such companies. The said mayor and council shall have the power and authority to regulate, by ordinance, the speed at which automobiles, bicycles and other vehicles of any description shall be driven over or through the streets, alleys, or public places in said town and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Regulation of uses of streets, etc. SEC. 35. Be it further enacted, That the mayor and council of said town shall have full power and authority to declare what shall be deemed a nuisance in said town, and to provide for the abatement of the same. Nuisances. SEC. 36. Be it further enacted, That the mayor and council of said town may in their discretion enact any and all ordinances, rules and regulations necessary to lay out a fire district or districts in said town and to enlarge, change or modify the same from time to time, to describe how and of what material buildings within said district or districts may be erected, how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed and to make such reasonable rules, regulations and requirements, as they may deem necessary to so far as possible protect said town from danger from fire or to prevent or stop conflagrations. They shall also have power and authority to order any changes in its construction or arrangements of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make changes or alterations ordered by proper ordinances, and collect any expenses incurred by the town under any ordinances passed carrying out the powers granted

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under this section by execution as in case of collecting other cost due said town. The mayor and council shall have power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said town, of any fertilizer factories, mill or other manufacturing establishment, shop or business, the conduct, establishment or operation of which disturbs or interferes with the peace, comfort or health of the citizens of said town or is calculated to damage or depreciate property for residential purpose. Fire districts and regulations. SEC. 37. Be it further enacted, That it shall be the duty of the mayor and council of said town to provide such fire protection therefor wherever, and as in their discretion the town can afford or is liable to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, and to adopt and prescribe such ordinances and regulations as will best promote the object of this section and afford protection from fire or conflagration to the property in said town. Fire department. SEC. 38. Be it further enacted, That the mayor and council of said town shall have power and authority to provide for the inspection of steam boilers in said town; to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustibles or explosive substances, materials or liquids within the town limits, and to regulate the use of lights in stores or shops, or the building of bonfires; to regulate or prohibit the use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, the firing of guns, pistols and anvils, and to prohibit every kind of gaming and hunting within the corporate limits of said town. Dangerous substances. SEC. 39. Be it further enacted, That the mayor and council of said town shall have the power and authority, in their discretion, to acquire by gift, purchase or otherwise, on behalf of the Town of Roswell, land or grounds suitable for a

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park or parks for the use of the public as may be, in their judgment, to the health, interest and welfare of the citizens of said town; they shall have power and authority to improve, beautify and keep up the same. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise and necessary. Parks. SEC. 40. Be it further enacted, That the mayor and council shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said town and to prevent the cutting, impairing or mutilating thereof by any person, company or corporation, unless the same is done under and with the express consent of the mayor and council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety. Shade-trees. SEC. 41. Be it further enacted, That the mayor and council shall have full power and authority to suppress lewd houses, lewdness, and all immoral conduct, gambling and gaming places, within the corporate limits of said town, and to this end may enact such ordinances and provide such penalties for violation thereof, as they deem advisable or necessary to carry out the provisions of this section. Said mayor and council shall have power and authority, upon proof of any house of ill fame, bawdy-house, lewd house, or gambling place or house, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three days' notice. And any property owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer them to remain on said premises, shall, upon conviction in courts of said town, be punished as for a violation of the ordinances of said town relating to nuisances. Lewd and gaming places. SEC. 42. Be it further enacted, That the mayor and council of said town shall have power and authority to prohibit the running at large in said town horses, sheep, goats,

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mules, cattle and all other animals or fowls, and to prohibit the keeping of hogs within said town or if allowed to be kept therein, in the mayor's and council's discretion, to regulate the manner and places in which they may be kept, also to impound all such animals or fowls when found upon the street or public places or upon the property of other persons than the owner without permission or consent of the owner of such property, and to charge such fees for same as said mayor and council may prescribe, in addition thereto charge for the keeping of any animal or fowl so impounded. Should the owner of any animal or fowl fail or refuse to pay the impounding fee and cost of keeping said animal or fowl the same may be sold at public outcry before the town hall and proceeds applied to the payment of said fees and costs, under such rules and regulations as the mayor and council may prescribe by ordinance. Animals at large. SEC. 43. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof he or she may be apprehended and arrested wherever found in the State, and the warrants of the mayor of said town shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such persons may be apprehended or arrested wherever found in this State and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return, and all persons escaping from the custody of said town and its officers may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said mayor and council shall have power and authority to provide for said town a safe and suitable prison for the keeping and detention of prisoners and convicts of said town and of persons charged with a violation of the ordinances of said town before or after conviction. Fugitives from justice. SEC. 44. Be it further enacted, That said mayor and council shall provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations

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of the town ordinances and the procedure in all trials. All executions in favor of said town for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demanded on debt, shall be issued by the clerk and bear test in the name of the mayor or mayor pro tem. (except where provided in this charter) and shall be directed to the marshal of said town, and to all and singular the sheriff and constables of this State, and shall state for what issued and made returnable to the mayor and council of said town, and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon in the same manner as sheriff's sales of real property or constable's sales of personal property are required by law to be made. Any sales thereunder shall be made at the place and within the usual hours for sheriff's and constable's sales and under the same rules and regulations as govern sheriff's and constable's sales of similar property. The clerk of said town shall enter on his execution docket to be kept by him all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said execution after being satisfied shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State and the officer making the sale shall have the same power as sheriffs to place purchasers of property sold by them in possession. Forms of legal processes. Levy and sale. SEC. 45. Be it further enacted, That the public school system now in operation in the Town of Roswell, established under an Act of the General Assembly, approved December 20th, 1892, to authorize the Town of Roswell to provide a system of public schools, etc., and Acts of the General Assembly amendatory thereof, be and the same is hereby continued under this Act and the board of education established under said Act of 1892 is continued hereunder, the successors to the present members of said board to be elected as their terms expire in accordance with the provisions of said Act. All vacancies in said board from death,

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resignation, removal from the town or otherwise shall be filled by the mayor at their first regular meeting, after said vacancy occurs. The mayor and council of said town shall have full power and authority to collect school taxes as made and provided in said Act. Public-school system. SEC. 46. Be it further enacted, That the issue of bonds in the sum of eleven thousand dollars for the purpose of improving the streets of the Town of Roswell under an Act of the General Assembly of Georgia and the issue of bonds in the sum of eight thousand dollars for the purpose of building and equipping schoolhouses for the said Town of Roswell under the Act of the General Assembly of Georgia be and the same are hereby confirmed a legal bond of the said Town of Roswell as reincorporated by this Act, and the legal debts of said town, and the mayor and council are hereby authorized and empowered to assess, levy and collect, annually, a tax on all the taxable property of said town as other taxes are assessed, levied and collected to pay the annual interest thereon, and to provide a fund to pay off said bonds as they fall due, in accordance with the Act authorizing and the terms upon which they were issued. Bond issues. SEC. 47. Be it further enacted, That the mayor and council of said Town of Roswell shall have power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said town and the inhabitants thereof and that may be deemed necessary to foster and promote virtue and good morals in said town, and to enforce such laws and ordinances by such penalties as are authorized in this charter. The said mayor and council shall have power and authority to adopt and enforce any and all ordinances they may consider advisable, necessary to carry out and execute the powers granted said town, and said mayor and council hereunder, to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said town, and to do any and all other acts and exercise all other acts and exercise all other powers conferred upon them by this Act or that may be done or exercised

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under the laws of this State conferring powers on municipal corporations and not inconsistent with the laws of this State or the United States. Ordinances: general welfare powers. SEC. 48. Be it further enacted, That all ordinances, bylaws, rules and regulations heretofore adopted by the mayor and council of the Town of Roswell, which are now in force and not inconsistent with nor repugnant to any provision of this Act, shall remain in full force and effect under this charter until repealed, altered or amended by the mayor and council. Laws in force SEC. 49. Be it further enacted, That authority to carry out and effectuate by ordinance and to provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said Town of Roswell as the reincorporated under this Act be and are hereby expressly conferred on the mayor and council of said town now in office and their successors. Powers confirmed. SEC. 50. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the Town of Roswell and conferring powers on the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts, inconsistent with or at variance with this Act or any provision hereof, are hereby expressly repealed, and all parts of laws in conflict with this Act be and the same are hereby repealed. Former Acts superseded. Approved August 15, 1917. SAINT GEORGE WARDS, AND ALDERMEN. No. 132. An Act to be entitled an Act to amend the charter of the Town of Saint George, of Charlton County, Georgia, by striking out of section 6 of the original Act, approved August 21, 1906, the words four wards, and inserting in lieu thereof the following words, to wit: two

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wards, and providing for the election of aldermen from said wards, and numbering and designating of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that section 6, of the city charter of Saint George, of Carlton County, Georgia, be amended; and when amended shall read as follows: by striking out the words four wards and inserting in lieu thereof two wards instead of four wards, and these wards shall be divided into first and second wards with Florida avenue as the dividing line. Act of 1906 amended. SEC. 2., Be it further provided, That the wards shall be designated as follows: east of Florida avenue shall be designated as ward number one, west of Florida avenue shall be designated as ward number two. Two wards. SEC. 3. Be it further enacted by the authorities aforesaid, That two aldermen from each ward shall be elected, instead of one alderman from each of four wards as set forth in the original charter of said City of Saint George. Aldermen. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 17, 1917. SAINT MARYS STREET CLOSING. No. 233. An Act to authorize and empower the City of St. Marys to close certain portions of certain streets 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 the mayor and board of aldermen of the City of St. Marys are hereby authorized and empowered to close and abolish those portions or sections of Cole and

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Norris streets lying between Union and Finley streets, and that portion or section of Broad street lying between Union and North streets, and that portion or section of Union street lying between Cole street and the North River, and that portion or section of North street lying between Broad street and the North River as will be shown on the map or plan of the City of St. Marys and the commons thereof; and the said mayor and board of aldermen of the City of St. Marys are authorized and empowered to sell, lease or otherwise dispose of said portions of said streets for the purpose of advancing the commercial interest of said City of St. Marys, and for other purposes. Authority to close and dispose of parts of streets. 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 21, 1917. SAVANNAH STREET LANE, FOR CLOSING. No. 42. An Act to authorize the mayor and aldermen of the City of Savannah to close and convey to H. H. and William Lattimore, that lane known as the old Fifty-fourth Street Lane in the City of Savannah, extending from a lane one hundred and fifty feet east of Bull street to the McClesky tract, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and aldermen of the City of Savannah are hereby authorized and empowered to close and convey by proper deed that lane known as the old Fifty-fourth Street Lane, ten (10) feet in width and extending from a lane one hundred and fifty (150) feet east of Bull street to the McClesky tract, in consideration of which the said H. H. and William Lattimore will convey to the said the mayor and aldermen of the City of Savannah that lane known as the new Fifty-fourth Street Lane, extending

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from Bull street to the McClesky tract, the same being twenty-two (22) feet in width, and shown upon a map of same on file in the engineer's office of the City of Savannah, the same being made by W. O'D. Rockwell, assistant chief engineer of the City of Savannah, on January 12, 1917, and the said Lattimores shall also convey an additional strip of land nine and four tenths (9.4) feet in length, extending from Fifty-fourth Street Lane north-wardly, so as to connect the new Fifty-fourth Street Lane with the lane east of Bull street, above mentioned. Authority to close and convey 54th street lane. 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 4, 1917. SAVANNAH STREET LANE, FOR CLOSING. No. 38. An Act to authorize the mayor and aldermen of the City of Savannah to close and abolish that portion of Henry street lane in the City of Savannah, lying between the western line of Cuyler street and the eastern line of Magnolia street; and to authorize and empower the mayor and aldermen of the City of Savannah to vest the fee simple title to said portion of Henry street lane in any purchaser 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 the mayor and aldermen of the City of Savannah are hereby authorized and empowered to close and abolish that certain portion of Henry street lane in the City of Savannah, lying between the western line of Cuyler street and the eastern line of Magnolia street, and to vest the title to said portion of said Henry street lane in any purchaser, his heirs and assigns, upon such consideration as to said mayor and aldermen may seem best. Authority to close and convey part of Henry street lane.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. SAVANNAH RECREATION COMMISSION AMENDMENT. No. 36. An Act to amend the Act of the General Assembly of Georgia, approved August 19, 1916, and published in the Georgia Laws 1916, pages 957 et seq., and entitled An Act to create and organize a recreation commission for the City of Savannah; to define its powers and jurisdiction; to provide for the appointment and selection of its members; their powers and duties; to define the duties and qualifications of the superintendent of recreation and other employees; to provide for the manner of selection by civil service examination; to empower said commission to receive and invest moneys to be used by it; to have police authority, 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 5 of said Act be amended by striking therefrom the words, council shall appropriate annually funds sufficient for the management and operation of said department, and from time to time such additional funds as may be necessary to carry out the purposes of this Act, and inserting in lieu thereof the following words: The mayor and aldermen of the City of Savannah, at its discretion, may appropriate annually such funds as it may see fit for the management and operation of said department and from time to time such additional funds as the said mayor and aldermen may see fit to carry out the purposes of this Act, so that said section 5 when so amended shall read as follows: Section 5. The commission shall

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have the power to expend for the purposes enumerated above all sums of money appropriated and turned over to them by council for such purposes, and shall have the entire charge and control of the expenditures of money so appropriated. The mayor and aldermen of the City of Savannah, at its discretion, may appropriate annually such funds as it may see fit for the management and operation of said department and from time to time such additional funds as the said mayor and aldermen may see fit, to carry out the purposes of this Act. Council shall make special appropriation to provide for the management of said department for the period between the passage of this Act and the day in January for the following year, when its annual appropriation shall be made. The money appropriated shall be drawn from the city treasury on warrant of said recreation commission and shall be paid out from time to time for the expense of the department of recreation. The commission shall apportion the amount so appropriated among the items of its budget, shall fix the salaries of all employees, including the superintendent of recreation. Act of 1916 amended. Read sec. 5. Appropriations. [Illegible Text] SEC. 2. Be it further enacted by the authority aforesaid, That section 7 of said Act shall be amended as follows: By striking the word must, from the eighth line of said seventh paragraph as published, between the words examination and be and inserting in lieu thereof the word may, by striking from the twelfth line of the seventh paragraph the words folk dancing and music; command of English, by striking from the seventeenth, eighteenth and nineteenth lines of said paragraph the words recreation commissioners shall elect a superintendent recommended by said board of examiners, and inserting in lieu thereof the following: The commission may waive the examination of a candidate for re-election who has previously qualified hereunder; by striking from the twenty-seventh and twenty-eighth lines of said paragraph the words, said employees shall be appointed on recommendation of the board of examiners, by adding to the first paragraph of said section 7 the following: The

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tenure of office of the superintendent of recreation shall be for a like term as city officials elected by the mayor and aldermen of the City of Savannah, and shall expire contemporaneously with the term of office of said city officials so elected, subject, however, to discharge upon charges as herein provided, so that said section when so amended shall read as follows: Section 7. The superintendent shall be selected in the following manner: The commissioners shall appoint a board of five examiners, chosen because of recognized training and experience in educational and recreational work, whose duty it shall be to examine applicants for the position of superintendent of recreation. Recreation commissioners are not disqualified from serving on this board of examiners. The examination may be both oral and written, and must cover a statement of educational preparation, previous teaching, and recreational experience; theory and practice of games, athletics, gymnastics, character, personality, natural fitness, including moral, mental and physical qualification. Said examination shall be advertised in the local papers, and in at least two educational or recreational publications, at least thirty days in advance of the holding of said examination. The commission may waive the examination of a candidate for re-election who has previously qualified hereunder. Other employees of the recreation commission shall, before appointment, pass a competitive examination before a board of three examiners appointed by said commission, one of whom shall be the superintendent of recreation, said examination to cover educational preparation, playground theory and practice, and personal fitness, or to be arranged at the discretion of the superintendent along lines that will show fitness for a special position. Wherever possible, appointments shall be for one year and employees shall be reappointed annually on recommendation of the superintendent, provided, this does not prevent special appointments which may be found necessary or desirable in conducting special activities or classes for a limited time. The tenure of office of the superintendent of recreation shall be for a like term as city officials elected by the

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mayor and aldermen of the City of Savannah, and shall expire contemporaneously with the term of office of said city officials so elected, subject, however, to discharge upon charges as herein provided. If no person passes the examination and becomes eligible for appointment, the board of examiners shall certify that fact to the commission, and may in its discretion certify to the commission the name and address of a person for temporary appointment, with or without examination; and the commission shall forthwith appoint said person from day to day, not to exceed sixty days, pending examination. The board of examiners shall proceed to hold an examination whenever such temporary appointment is made. If, after examination is held, no eligible list results, the commission may then authorize the continuance of said temporary appointment, but not otherwise. The same method shall be applied in filling vacancies as is provided above for filling temporary appointments when no eligible list results from an examination. The markings and examination papers of each candidate shall be open to his own inspection, and the markings and examination papers of all persons upon any list of eligibles shall be open to public inspection within ten days after an eligible list has been prepared. [Illegible Text] [Illegible Text] Read sec. 7. Examination for superintendent and employees. Appointments. Tenure of office. Temporary appointments. Vacancies. SEC. 3. Be it further enacted by the authority aforesaid, That section 9 of said Act be amended by striking therefrom the following words, thirty days' notice must be given before any dismissal takes effect, and also the following words, and shall be entitled to thirty days' notice before said dismissal takes effect, so that said section, when so amended shall read as follows: Section 9. The recreation commissioners shall have the right, upon the recommendation of the superintendent, to dismiss any employee for incompetency or neglect in the discharge of duty or on charges involving moral turpitude. The commissioners shall have the right to dismiss the superintendent for incompetency or neglect in the discharge of duty or on charges involving moral turpitude. Said superintendent shall have the right to a hearing before the commission on the charges preferred. Read sec. 9. Dismissals.

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SEC. 4. Be it further enacted by the authority aforesaid, That all Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. SOUTHWEST LAGRANGE, TOWN OF, INCORPORATED. No. 212. An Act to incorporate the Town of Southwest LaGrange, in the County of Troup, and State of Georgia; to provide for a charter therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the territory hereinafter described, in the County of Troup, and Sate of Georgia, and the inhabitants thereof, be and they are hereby incorporated under the name and style of Town of Southwest LaGranage, and by that name are hereby vested with all the rights, powers and privileges incident to municipal corporations, as well as those herein conferred; and the said Town of Southwest LaGrange, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and aldermen, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and aldermen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said Town of Southwest LaGrange shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments, of whatever kind or nature, within the limits or without the limits of said town. Corporate name. General powers. SEC. 2. Be it further enacted, That the government of

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said town shall be vested in a mayor and three aldermen, to be elected by the qualified voters of said town, who shall hold office for two years, and until their successors shall be elected. The said mayor and aldermen shall be elected on the second Tuesday in December, 1917, and shall take office on January 1, 1918. All persons qualified to vote for members of the General Assembly and who shall have paid all taxes legally imposed by the authorities of said town, and who shall have resided in said town six months prior to the election at which they offer to vote, and shall have registered where registration is provided for by the mayor and aldermen, shall be qualified to vote at any election held in said town. The first election for mayor and aldermen shall be held and managed by three residents of said town, at the schoolhouse, the voting to be by ballot, the polls to open at seven o'clock A. M., and close at six o'clock P. M. The persons receiving the highest number of votes shall be the mayor and aldermen for the first term. All provisions as to subsequent elections and the time, place and manner of holding the same shall be fixed by the mayor and aldermen. In the event of a vacancy in the office of mayor and aldermen by death, removal or otherwise, the remaining members of the mayor and aldermen shall call an election to elect a successor, under regulations fixed by them. Said mayor and aldermen shall have authority to pass all ordinances, rules and regulations, and do and cause to be done all things necessary for the enforcement thereof, as they may deem to the best interest of said town. They may employ a city manager who shall have active charge of the administration of the affairs of the town and general control over all employees and their work, and such other duties as may be imposed by the mayor and aldermen. Such manager shall hold his position subject to the will of the mayor and aldermen. Said mayor and aldermen may employ such other officers and agents as they deem best. Mayor and aldermen. Elections. Authority conferred. SEC. 3. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at a point on the southern boundary of the City of LaGrange, where the corporate limits of said city cross the western edge of the

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right of way of the Atlanta and West Point Railroad Company, and running thence in a southerly direction along the west line of said right of way to a point where said right of way intersects with the northern boundary line extended westward of a certain tract of land, a plat whereof is recorded as an exhibit to a deed describing said tract, in deed book fourteen (14), page three hundred and twenty-seven (327), records of Troup County, and said corporate limits continuing from said point of intersection eastward, along said extended northern boundary until said tract of land is reached, and thence eastward, southward and westward, with the boundaries of said tract as shown by said deed and plat, and continuing westward, in line with an extension of the northern boundary until the west line of the above right of way is reached; thence southerly along the west line of said right of way until the lot line between land lots 147 and 174, in the 6th land district of Troup County, is reached; thence west along said land lot line until the corner where the lands of Unity Cotton Mills and M. R. Adamson join on said land line; thence northward, with the dividing line between the lands of the same owners, until the land of Hillside Cotton Mills is reached; thence westward along the property line between said Adamson and Hillside Cotton Mills until the west line of said Hillside Cotton Mills land is reached; thence northward along the west boundary of the land of Hillside Cotton Mills until the land of Mrs. J. D. Jenkins is reached; thence eastward along the property line between said Hillside Cotton Mills and Mrs. J. D. Jenkins until the east boundary of the land of the said Mrs. J. D. Jenkins is reached; thence northerly along the dividing line between the lands of the said Mrs. J. D. Jenkins, on the west, and Hillside Cotton Mills and the Wisdom-Ridley division on the east, until the southern boundary of the right of way of the Atlanta, Birmingham Atlantic Railway Company is reached; thence easterly along the southern boundary of the said right of way until it intersects with the corporate limits of the City of LaGrange; thence eastward along the corporate limits of the City of LaGrange, to the beginning point. Territorial limits.

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SEC. 4. Be it further enacted, That the mayor and aldermen shall have authority to make all rules and regulations governing the holding of all elections in said town; and shall have power to provide for the registration of voters in all elections, and to require that no person may vote unless registered. Elections and registration of voters. SEC. 5. Be it further enacted, That, for the purpose of raising revenue for the support of the municipal government, education, establishing, paving and maintaining streets, paying bonded and other debts, sewer, water and lighting systems, a fire department and any other municipal liabilities and expenses, the mayor and aldermen shall have the power to assess and collect an ad valorem tax upon all property in said town not to exceed one and one half per cent. on the value of such property; and to provide by ordinance for the assessment, payment and collection of the same and all rules and regulations in connection therewith; for returns of property and penalties for failure to return; for issuing executions and for means for collection where payment is not made. The taxes so imposed shall be a lien upon the property of the respective owners in said town, as fixed by ordinance. Ad valorem tax. SEC. 6. Be it further enacted, That said mayor and aldermen shall have authority to classify the business in said town and fix taxes and licenses therefor, and to pass regulations for the conduct of same; and wherever any business shall be deemed to the detriment of the peace and good order of the town the same may be prohibited. License and regulation of businesses. SEC. 7. Be it further enacted, That said mayor and alderman shall have authority to require every male inhabitant of said town who, by the laws of this State, is subject to be worked on the public roads, to work such lengths of time on the streets as the mayor and aldermen may fix, not to exceed ten days in one year, or, in lieu thereof, to pay a commutation tax, to be fixed by the mayor and aldermen, but not to exceed five ($5.00) dollars in any year. The mayor and aldermen shall fix the time of work or paying the commutation tax, and all regulations in connection therewith. Street work or commutation tax.

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SEC. 8. Be it further enacted, That the mayor and aldermen shall have full power and authority to grade, pave and otherwise improve the streets, sidewalks, alleys and other public places in said town, and to pass all rules and regulations for accomplishing the same; and shall have authority to assess not more than two thirds of any such improvement against the abutting property owners, under such plan as shall be determined equitable by the mayor and aldermen; and to pass all ordinances to make this power effective. The said mayor and aldermen shall have like authority in reference to the location, construction and maintenance of sewers, and connections therwith and the control thereof, and, where the mayor and aldermen deem it necessary, may condemn property for the same within or without the city. Assessments for street improvements and sewers. SEC. 9. Be it further enacted, That there shall be a recorder's court in said town for the trial of offenders against the laws and ordinances of said town. The city manager shall be the recorder, and preside in and hold said court. In his absence or disqualification any one of the aldermen may act as recorder. Said recorder's court of Southwest LaGrange shall have power to impose the following penalties for the violation in any place in said town, public or private, of any ordinance of the town passed in accordance with its charter; that is to say, fines not exceeding five hundred ($500.00) dollars, imprisonment in jail of Troup County, or prison of Southwest LaGrange not exceeding six months, or work on the streets, or other public works of said town for a term not exceeding six months, and any one or more, or all of these punishments, in the discretion of the court. Imprisonment or work upon the streets, or other public works of said town may be imposed as an alternative for non-payment of fine imposed within the time fixed by the court, or imprisonment or work on the streets or other public works of the town may be imposed in the first instance without any fine. Fines imposed as provided for in this section may be collected by execution to be issued by the city manager against the estate of the offender, if any estate be found, and, if none, the offender may be imprisoned or worked on the streets or other works, as provided in this section. Recorder's court. Punishment, powers of.

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SEC. 10. Be it further enacted, That there may be established and maintained a system of public schools for said town, to be supported by taxation, whenever the same shall be authorized by a two-thirds majority of the qualified voters of said town, voting at such election called for such purpose by and upon the recommendation of the mayor and aldermen. All rules and regulations governing said election shall be fixed by the mayor and aldermen; and the control and organization of such schools shall be vested in the mayor and aldermen, who shall have full power to fix all rules and regulations for the same. Public-school system. SEC. 11. Be it further enacted, That the mayor and aldermen shall have full power and authority to provide and furnish water, lights, power, heat, gas and any other public utilities within and without such town, both for public and private use; and may erect and maintain plants therefor, and may buy or obtain the same from other persons and corporations; and may make contracts for the purchase and sale of such utilities, upon such terms as said mayor and aldermen deem best, and both within and without the city limits, and for such terms of years as the mayor and aldermen may determine; and in order to establish and maintain such systems, or either of them, may condemn property of every character, within or without the city. Public utilities. SEC. 12. Be it further enacted, That said town shall have authority to issue bonds and other evidences of indebtedness, upon compliance with the laws of this State, for the erection and installation of any public improvements and utilities of said town. Elections to authorize such bonds shall be held under rules and regulations to be fixed by the mayor and aldermen, in compliance with the laws of this State. Bond issues. SEC. 13. Be it further enacted by the authority aforesaid, That all bonds issued by said municipality shall be advertised for sale thirty days before being sold, shall be sold in the open market, after competitive bids, at not less than the highest bid, and no person, firm or corporation who is a stockholder in either of the cotton mill corporations

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in said town may purchase any of said bonds. The proceeds of said bonds shall be expended only for lighting, water and sewer systems, streets and sidewalks, school buildings and equipment and fire house and equipment and the purchase from the City of LaGrange of the poles, wires, insulators, meters and other electric equipment, now located in said territory, and now owned by the City of LaGrange. The ad valorem tax rate of said town for any year shall not be fixed at a lower rate than the rate of the City of LaGrange for such year. Bonds, sale of; and use of proceeds. Tax rate. SEC. 14. Be it further enacted, That by the passage of this bill, it is not intended that the territory incorporated shall not be hereafter taken into the City of LaGrange, but that this ultimately will be done. To be part of LaGrange. SEC. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are repealed, provided, this section shall not repeal the Act to extend the corporate limits of the City of LaGrange, now before the General Assembly, which said bill, under the terms of same, becomes effective December 31, 1919. Approved August 20, 1917. SPREAD; CHANGE OF NAME TO STAPLETON. No. 122. An Act to amend an Act entitled An Act to incorporate the Town of Spread, in the County of Jefferson; to provide for a mayor and councilmen and other officers; to prescribe their duties, and to provide for the enacting of all necessary ordinances; to provide penalties for the violation of same, and for other purposes, approved August 15th, 1903, so that said Act shall change the name of said town from Spread to Stapleton and shall provide for an extension of the town, after the same shall have been submitted to the legally qualified voters of the town. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That the Act above recited be amended so as to change the name of the Town of Spread, to the Town of Stapleton, and that wherever the word Spread occurs in said Act, it shall be stricken out and the word Stapleton inserted. Act of 1903 amended. SEC. 2. Be it further enacted by authority of the same, That all of section 2 of the above-recited Act, after the word shall in the second line, shall be stricken and that section 2 of that Act, when amended, shall read: Be it further enacted by the authority aforesaid, That the incorporate limits of said town shall be as follows: Using the point where the Louisville and Spread public road crosses the Augusta Southern railroad as the center, a circular line, 1,200 yards equidistant from said point shall be drawn on the south and west side of the town, until that circular line intersects the new Spread and Warrenton road. Beginning at this point, the limits of said town shall go up said road to where it intersects with the old Spread and Warrenton road near Allen Douglass' house; thence in an easterly direction, using the old Spread and Warrenton road as a line, to where it intersects with the eastern line of the First Baptist church property; and thence in a southerly direction to a point on the Augusta Southern railroad, where the circular line drawn as before set out shall intersect said railroad, that is, where the present town limits cross said railroad on the eastern side of the town. Read sec. 2. Territorial limits. SEC. 3. Be it enacted by the authority aforesaid, That this Act shall not become effective until the same has been ratified by a vote of the people of said town and the result declared by the mayor of said town. As soon as this Act has been approved, the mayor of said town shall call a special election, to be held not less than ten days from the call thereof. Said mayor shall advertise the same by posting a notice in writing at the post-office of said town. On the day of the election section 1 and section 2 of this Act shall be voted on separately. Those voting to ratify section 1 of this Act shall have printed on their ballots: For changing name from `Spread' to `Stapleton.' Those opposed

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to section 1 of this Act shall have their ballots marked: Against changing name from `Spread' to `Stapleton.' Those voting to ratify section 2 shall have their ballots marked: For extension; those opposed to section 2 shall have their ballots marked: Against extension. On the election to ratify or reject these two sections all persons within the territory described in section 2 of this Act who were qualified to vote at the last general election shall be allowed to vote without regard to their registration in the municipal elections. The returns of said election shall be canvassed by the election managers, together with the mayor and council. If a majority of those voting shall be for ratification of either section the mayor shall declare either section or both as being ratified, and this Act shall become effective according as such result shall be declared by him. This Act referred to popular vote. Qualified voters. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. STONE MOUNTAIN CHARTER AMENDMENTS. No. 77. An Act to amend an Act entitled An Act to provide a new charter for the town of Stone Mountain, to be found in the Acts of the General Assembly of Georgia of 1912, beginning on page 1374 of said Acts, 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 created what is known and to be called a bond commission in and for the City of Stone Mountain. Said commission shall consist of three (3) male citizens of said city, eligible and qualified to vote for members of the General Assembly of Georgia, who are to be elected by a majority of the qualified

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voters of said municipality voting at an election held for that purpose, whose term of office shall continue for the term of two (2) years, commencing on the first Monday in October, 1917, and ending on the first Monday in October, 1919, and their successors in office to commence their term of office on the first Monday in October, 1919, and hold for same period of time as such elections may be held. Said election shall be held for said purpose on the third Monday in September, 1917, and every two years thereafter. Before said bond commissioners shall enter upon the discharge of their duties they shall enter into a bond, payable to the said City of Stone Mountain, for such a sum as may be provided by ordinance of the mayor, councilmen and aldermen of said muncipality, the conditions of said bond to be an obligation to account for all funds received by them and to faithfully discharge the duties of the office. The duties of said bond commission shall be to receive and receipt for all moneys from the sale of any and all municipal bonds of said City of Stone Mountain and apply the same to the payment and adjustment of all obligations on the part of said city in the construction of a waterworks and drainage system for said municipality and to contract for the installation and construction of same for said city. Said bond commission to be paid a salary not to exceed $50.00 each per year, same to be prescribed by said mayor, councilmen and aldermen of said city. Bond commission. Membership. Term of office. Election. Bond. Duties. Salary. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that section 26 of said Act creating a new charter for the town of Stone Mountain be and the same is hereby repealed, together with all laws and ordinances made in pursuance thereof, and the Act creating and incorporating a school system for said municipality. Section 26 of Act of 1912 repealed. SEC. 3. Be it further enacted by the authority aforesaid, That an Act entitled an Act to authorize the establishment of a system of public schools in the Town of Stone Mountain; to provide for acquiring property and buildings and raising revenues to maintain said schools and for other purposes, to be found in the Acts of the General Assembly of

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Georgia, 1899, commencing on page 458, and ending on page 462 thereof, be and the same is hereby repealed. Act of 1899 repealed. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor, councilmen and aldermen of said City of Stone Mountain shall and does have the authority to rent or lease the public property of said city (to include the school buildings and property) that is not in the use of said city and not necessary for the public use of said city as a corporate body. Rent or lease of public property. 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 10, 1917. TEMPLE SCHOOL BONDS AND TAX. No. 99. An Act to amend the charter of the Town of Temple, in the County of Carroll, State of Georgia, approved November 23rd, 1901, so as to authorize the mayor and council of said Town of Temple to issue additional bonds to the amount of three thousand ($3,000.00) dollars for the purpose of repairing, improving and enlarging the school building of said Town of Temple; to authorize the mayor and council of said town to levy, assess and collect a sufficient tax upon all the taxable property in said town to pay the principal and interest of said bonds as they shall become due; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act creating a new charter for the Town of Temple, in the County of Carroll, approved November 25, 1901, page 650 of the Acts of 1901, number 225, be and the same is hereby amended as follows: That the mayor and council of

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the said Town of Temple be and they are hereby authorized to issue three thousand ($3,000.00) dollars in the bonds of the Town of Temple in addition to the issue of bonds as provided in section 8 of said charter, and to sell the same, the proceeds of which shall be used for the purpose of repairing, improving and enlarging the school buildings of the said Town of Temple, and said bonds shall be of such denomination as said mayor and council may determine; said bonds to become due and payable at such time or times not exceeding twenty (20) years, after date of issue thereof, as said mayor and council of the Town of Temple may determine; said bonds to bear not exceeding six per cent. (6%) interest per annum, and such bonds are to be issued and sold for the purpose herein specified and authorized, and authority for which is hereby expressly granted. Act of 1901 amended. Bond issue for school buildings. SEC. 2. Be it further enacted by the authority aforesaid, That upon the passage of this Act and before it shall become effective and operative the mayor and council of the Town of Temple shall order an election or elections to be held in said town to determine the question whether said bonds shall be issued by said town and shall otherwise comply in all respects with the general law of this State as embodied in sections 440, 441, 442 and 443 of the Code of 1910; and if said bond issue as herein provided for is ratified in accordance with the general law aforesaid, then it shall be the duty of the mayor and council of said Town of Temple to institute proceedings for the validation of said bonds in accordance with the general law of this State as embodied in section 445-451, inclusive, of the Georgia Code of 1910, and shall otherwise comply in all respects [Illegible Text] said general law relating to validation of bonds; and if said bond issue shall be ratified, then it shall be the duty of the mayor and council of the Town of Temple, after the validation of said bonds, to sell the issue and appropriate the proceeds of said bonds as provided by this Act. No further proceedings of any kind than as herein provided shall be necessary to complete the ratification and validation of said bonds. Election. Validation. SEC. 3. Be it further enacted by the authority aforesaid,

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That for the purpose of raising revenue to pay the interest of said bond and to pay the principal thereof and to set apart annually a sinking fund to be used for payment of the principal of said bonds, the mayor and council of the Town of Temple shall have the power of full authority to assess, levy and collect an annual ad valorem tax on all property, real and personal, in said Town of Temple, said tax to be in addition to that which said officials are by the charter of said town now authorized to assess, levy and collect and to be limited to such an amount or per cent. as shall be actually required for the purpose above stated; the authority of said mayor and council with respect to the return, assessment, levy and collection of said tax to be the same as now prescribed in the charter of said town. Tax ad valorem for bonds. SEC. 4. 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 14, 1917. TEMPLE SCHOOL COMMISSIONERS. No. 98. An Act to amend an Act entitled An Act to authorize the Town of Temple to establish a system of public schools; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto, approved August 22, 1907, by striking all of section three (3) of said Act and adding in lieu thereof, that from and after January 1st, 1918, the present board of school commissioners, holding office under and by virtue of election under the provisions of section three (3) of said Act of 1907, be abolished; to create a new board of commissioners in and for said town to consist of six (6) members; to provide for their election; to prescribe their term of office; to prescribe how vacancies shall be filled; to confer upon the new board, created by this Act, the same rights, powers and duties vested

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in the board of commissioners by the unamended Act, approved August 22, 1907; and to provide for the ratification of this Act by the qualified voters of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to establish a system of public schools in the Town of Temple, Georgia, and to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes, approved August 22, 1907, be and the same is hereby amended by striking all of section three (3) of said Act of 1907, and substituting in lieu thereof that from and after January 1st, 1918, the present board of school commissioners of the Town of Temple, holding office by virtue of election to the office of member of the board of school commissioners for said town under the provisions of section three (3) of said Act of 1907, be and after January 1st, 1918, abolished. That a new board of school commissioners for the Town of Temple, to consist of six (6) members, is hereby created. At the regular annual election for the election of mayor and councilmen for the Town of Temple, to be held in said town in December, 1917, six (6) citizens of said town shall be elected as members of the board of school commissioners created under this Act, and when so elected shall constitute the board of school commissioners in and for said Town of Temple. Two of the members of said board elected in December, 1917, shall hold office for a term of three (3) years, two of said members shall hold office for two (2) years, and two for one (1) year, and until their successors are elected and qualified. After the election of the members of the board of commissioners, in said town, in the year 1917, and thereafter two members of said board shall be elected annually, according to the expiration of the term of office of the said members, at the same time the mayor and councilmen of said town are elected, and when so elected, after the said election of December, 1917, they shall hold office for a term of three (3) years each and until their successors are elected and qualified. After the result of the election in December, 1917, is

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declared, by proper authorities, the citizens declared to be elected as members of the board of school commissioners for said town shall meet as soon as practicable, and not later than the first day of January, 1918, and organize. At said meeting they shall elect such officers, and make such rules for their own government as they deem necessary, but shall not begin to discharge the duties of their respective offices as members of said board, or as a board of school commissioners until January 1st, 1918. After organizing as aforesaid, the said members of the said board of school commissioners shall cast lots and determine which two members of said board shall hold office for a term of three (3) years, which two members shall hold office for a term of two (2) years, and which two members shall hold office for one (1) year. The election to fill vacancies in the said board occurring annually by expiration of the terms of office shall be held annually on the same day that the municipal election for mayor and councilmen for said Town of Temple is held, and at the same time and place, subject to the same regulations and by the same managers as said municipal election for mayor and councilmen of said town is held, and those receiving the highest number of votes shall be elected members of said board of school commissioners. All vacancies occurring otherwise than by expiration of terms of office shall be filled by the remaining members of the board, consistent with the terms of this Act, and those selected by the board to fill an unexpired term shall hold office for the balance of the unexpired term only. To the new board of school commissioners for the Town of Temple, created by this Act, and to be elected in December, 1917, is hereby given all the rights, powers and duties vested in the board created under the provisions of the said Act of 1907; provided, however, that this Act shall not be of force as law until the same shall have been submitted to and ratified by a majority of the qualified voters of the Town of Temple within sixty (60) days from the passage of this Act, said election to be held under the same rules and regulations as now provided by law for the election of mayor and councilmen for said Town of Temple; provided, further, that those voting in favor of the ratification of this

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Act shall have written or printed on their ballots: For six (6) commissioners, and those voting against the ratification of this Act shall have written or printed on their ballots: Against six (6) commissioners. Act of 1907 amended. School board abolished. New board of school commissioners to be elected. Term of office. Organization. Vacancies. Powers and duties. This Act referred to 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, 1917. THOMSON; ADDITIONAL CORPORATE POWERS. No. 101. An Act to alter, amend and, so far as may conflict herewith, to supersede an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the Town of Thomson, in the County of McDuffie, to confer an additional power upon the corporate authorities thereof, and otherwise amend the charter of said town and to provide a new charter for same; to authorize the authorities of said town to establish and maintain a system of waterworks and electric lights in said town; to provide revenue for the maintenance of same; to authorize the issuing of bonds of said town by the mayor and council; to extend the corporate limits of said town and for other purposes, approved December the 13th, 1900; to confer additional powers and authority upon said municipal government; to confer particular powers upon the mayor and council of the Town of Thomson; to own, establish, maintain and operate a system of sewers for the Town of Thomson, and to issue and sell bonds for the purpose of establishing and equipping a sewerage system for the said Town of Thomson and for enlarging and further equipping the waterworks system of said town; to provide the amount of said bonds and hold an election shall be held on the question of issuing said bonds and by whom the money realized by the sale of said bonds shall be disbursed, and to authorize the

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mayor and council of the said Town of Thomson to provide for the payment of the principal and interest of said bonds by levying tax therefor, and to provide for an election to ratify the provisions of said Act, and to give authority to said mayor and council to compel parties in control of property to connect with any sewerage system of said town that may be established, and generally to regulate the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the Town of Thomson, Georgia, are hereby authorized to own, establish, maintain and operate a system of sewers for the Town of Thomson, and to enlarge and further equip the waterworks of said town, and to receive as a donation, or buy property, and condemn such as is necessary for the establishment of such sewerage system, and for the enlarging and equipping additional waterworks system for the said town, and to levy and collect tax annually in addition to all tax now allowed by law on the taxable property of said town; to be collected as further tax of the town for the purpose of establishing and maintaining a sewerage system, and for the enlarging and further equipping the waterworks system of said town. To amend Act of 1900. Sewers and waterworks, tax for. SEC. 2. Be it further enacted, That the mayor and council of the Town of Thomson shall have power and authority to issue bonds of said town, not to exceed in amount the sum of twenty-one thousand dollars, or as much thereof as may be necessary; said bonds may be issued of such denominations and such rate of interest not to exceed six per cent. per annum, as said mayor and council may determine. Said bonds shall be executed by the official signatures of the mayor and clerk of the Town of Thomson, and having affixed the corporate seal of said town. They shall run for a term not exceeding thirty years, and said mayor and council may provide for the maturing of said bonds at any time during thirty years. The proceeds of said bonds shall be used by the mayor and council of said Town of Thomson for the establishment, maintenance and operation of a system of sewers for the Town of Thomson, and for enlarging and further equipping waterworks of said town. Bond issues.

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SEC. 3. Be it further enacted, That before said bonds shall be issued, the mayor and council shall order an election, said election to comply with the provisions of the general law, authorizing the issuing of county and municipal bonds, as prescribed in sections 440, 441, 442, 443 of the Code of the State of Georgia, 1910, to conform in all respects as to the notice to be given and the manner of holding the election and the issuing of the bonds as provided in said sections. Bond election. SEC. 4. Be it further enacted, That at or before the time of issuing any of said bonds, the mayor and council of said Town of Thomson shall provide for the levy and collection of annual taxes, if necessary, in addition to all other taxes now authorized by law, a sufficient amount to pay promptly the principal and interest of said debt when the same shall become due; nor shall said fund be used for any other purpose; but, after paying the interest on said bonds, the fund to be held as a sinking fund, as the payment of said bonds; this fund to be invested or put on interest by the mayor and council, and may be used by them at any time to purchase any of said bonds, provided, that not more than six per cent. premium is paid on them. Tax levies for bonds. SEC. 5. Be it further enacted, That if, at any election called by the mayor and council, as provided in section 3 of this Act, there should not be a sufficient number of ballots cast in said election in favor of the issuing of bonds, then other elections to be held from time to time as may be called by said mayor and council of the Town of Thomson; provided, that no other election may be held sooner than twelve months after the holding of an election. Further elections. SEC. 6. Be it further enacted, That the mayor and council of the said Town of Thomson shall have full power and authority to compel any resident or property owner using water-closets, sinks or bath tubs, or having waterworks in the buildings owned or controlled by them, or non-residents owning such residences wherein any of them may be used, to install septic tanks or to connect the drain pipes leading from such water-closets, sinks, bath tubs or waterworks or

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any of them with sewers now laid or to be laid by said city, and to compel such property owners or others owning or controlling or using such buildings to pay the expense of said connections when done by the city, in the same manner that taxes are collected, or otherwise, as the mayor and council may direct, and that said mayor and council have power to pass such ordinances as may be necessary to carry these powers into effect. Sanitary regulations. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council of the Town of Thomson may require by ordinance, or otherwise, that all surface wells or dry wells or other places which are not properly drained in said town be filled in at the expense of the owners, and that the same, when done by the city, is to be collected and enforced in the same manner as taxes are collected, or otherwise as the mayor and council may determine. Drainage. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1917. TIFTON TERRITORIAL LIMITS EXTENDED. No. 114. An Act to amend an Act entitled An Act to repeal the charter of the City of Tifton; to provide a new charter for the City of Tifton; to define its limits, and for other purposes, approved August 16th, 1915, by extending the limits of said city so as to include and annex to said city all that territory bounded as follows: Begin at the point where the east line of said city intersects the north line of the right of way of the Atlantic Coast Line Railway, and run in a westerly direction along the said north line of said right to 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;

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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 due south along an extension of the east line of said city to the starting point; so as to make the territory of said city a square with no exception therefrom; to strike from said charter the provisions relative to the police and sanitary regulations of said territory when the same was not included within the incorporate limits of the City of Tifton; to extend the jurisdiction of the City of Tifton over all of said territory and make all the ordinances thereof binding upon all persons and property in said territory; to authorize the mayor and council 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 readjusting 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 entitled An Act to repeal the charter of the City of Tifton; to provide a new charter for the City of Tifton, to define its limits, and for other purposes, approved August 16th, 1915, be and the same is hereby amended by extending the limits of said city so as to include and annex to said city all that territory bounded as follows: Begin at the point where the east line of said city intersects the north line of the right of way of the Atlantic Coast Line Railway and run in a westerly direction along the said north line of 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 due south along an extension of the east line of said city to the starting point, so as to make the territory of said city a square with no exceptions therefrom, by changing the present boundaries of said city as set out in section 2 of said Act by striking all the words in said description of said

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boundaries from and including the word to in the eleventh line of said section as the same appears in Georgia Laws of 1915, page 855, so as to strike said word to and all the balance of said line, together with lines 12, 13, 14, 15, 16, 17, 18, 19 and all that portion of line 20 up to and including the word lines and substituting in lieu thereof the following words, to wit, one and one-half miles; and also by amending said section 2 so as to strike from said charter the provisions contained therein relative to the police and sanitary regulations of said territory by striking therefrom all the words from and including the words provided, in line 23 of said section, including the balance of said line 23 and all of lines 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and all of that portion of line 37 of said section 2 of the said Act up to and including the word Tifton, so that section 2 when so amended will read as follows: Section 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 (3-4) of a mile; thence due east three-quarters (3-4) of a mile; thence due north one and one-half miles; 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. 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 the privileges and benefits conferred on cities by the Constitution and laws of Georgia, and by said name is established and may have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, or in cities thereof, and all rights, powers, privileges, title, property, easements or hereditaments

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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 direct through its mayor and council such ordinances, rules, regulations and resolutions for the transactoin 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 release 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. Act of 1915 amended. Additional territory to be included. Read Act as amended. Territorial limits defined. SEC. 2. Be it further enacted by the authority aforesaid, That the jurisdiction of the City of Tifton, 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 mavor and 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 council of said city may pass such ordinances as they may deem advisable in readjusting said territory, with the rest of the city, that all the legislative, judiciary, and executive power vested

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in the mayor, the mayor and council, 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 the same shall be subject to all the boards of said city to the same extent as the other portions of the present limit of said ciy. Jurisdiction of annexed territory. 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, 1917. TOOMSBORO TAX RATE, AND ELECTION. No. 151. An Act to amend an Act incorporating the Town of Toomsboro, in the County of Wilkinson, approved August, 1904, 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 on and after the passage of this Act, section nine of the Act incorporating the Town of Toomsboro, in the County of Wilkinson, approved August, 1904, be amended by striking the words one-fourth, in the fourteenth line of said section, and adding in lieu thereof the words one-half, so that said section will read as follows: Section 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open, and keep in good order and repair, roads, streets and sidewalks, for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein,

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which, in no event, shall be greater than one-half of one per cent. of the taxable property; to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the constitution and the laws of Georgia; to carry into effect the foregoing enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments in the town prison, if there be one, for a term not exceeding twenty days. Act of 1904 amended. Read. Tax rate. SEC. 2. Be it further enacted, That section twelve of said Act be amended by adding at the end thereof the following: Whenever an election for mayor and councilmen is not held on the day specified by this Act, said mayor and council shall order a special election for the election of said officers, so that said section when amended will read as follows: Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro. tem., who shall perform the duties of his office; also to fill any vacancy that may occur in the office of the mayor or councilmen or any subordinate office of said town. Whenever an election for mayor and councilmen is not held on the day specified by this Act, said mayor and council shall order a special election for the election of said officers. Special election for mayor and council. 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 18, 1917. TRION TERRITORIAL LIMITS REDUCED. No. 93. An Act to amend an Act entitled an Act to incorporate the Town of Trion in the County of Chattooga, and all Acts amendatory thereto, by changing the corporate limits of said Town of Trion so as to make said corporate limits extend one-half mile in every direction

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from the center of the north pier of the bridge over the Chattooga River, instead of extending one mile in every direction from said point, as now provided by the charter of the said Town of Trion. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the Town of Trion, in the County of Chattooga; to define its limits, provide for a mayor, recorder and council, and other officers of said town, and prescribe their powers and duties; to create a free school system for said town; to provide for a public fund by taxation and license; to provide for the making of all lawful rules, regulations and by-laws, for the proper government and control of said town, and the enforcement of its ordinances, approved December 18th, 1897, and all Acts amendatory thereto, be and the same are hereby amended, by changing the corporate limits of the Town of Trion, so as to make said corporate limits extend one-half mile in every direction from the center of the north pier of the bridge over the Chattooga River, instead of extending one mile in every direction from said point, as provided by the charter of the said Town of Trion. Act of 1897 amended. Territory reduced. 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, 1917. TY TY CHARTER AMENDMENTS. No. 236. An Act to amend an Act entitled An Act to incorporate the Town of Ty Ty, in the County of Tift, and for other purposes, approved August 21, 1906; to fix the terms of office of the mayor and council and other officers, and to provide for the payment of their salaries; to provide for taxation and for the raising of revenues;

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to provide for a system of sanitary sewerage; to provide for a system of waterworks; to authorize the establishment of a public school system; to authorize the establishment of a system of waterworks and a system of electric lights under such restrictions as are provided by the State Laws, whenever in the judgment of the mayor and council of said town such course may be deemed advisable and to issue bonds for any and all of these purposes under such restrictions as are provided by the State laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the Town of Ty Ty, in the County of Tift, State of Georgia, and for other purposes, approved August 21st, 1906, be and the same is hereby amended by striking all of section 4 of said Act and substituting in lieu thereof a new section 4 which shall read as follows: Section 4. Be it further enacted, That all elections held under this charter for the election of a mayor and five councilmen as provided in said original Act shall be held biennially on the first Tuesday in November; that on the first Tuesday in November, 1917, an election shall be held for the election of the successors of the present mayor and councilmen, and biennially thereafter on the same date there shall be held in said Town of Ty Ty an election for the said officers, who shall hold their offices for the term of two years and until their successors are elected and qualified. At such elections all persons who have been bona fide residents of said town for sixty days, who would be entitled to vote for members of the General Assembly, who, before registering as hereinafter required, have paid all taxes of every description required of them by law, shall be qualified electors. Act of 1906 amended. New sec. 4. Election of mayor and councilmen. SEC. 2. Be it further enacted, That said Act be further amended by striking all of section 13 of said Act and substituting in lieu thereof a new section 13 which shall read as follows: Section 13. Be it further enacted, That the mayor and other officers of said town shall receive such

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compensation for their services as may be fixed by the mayor and council which shall not be increased or diminished during their terms of office; the compensation for mayor and councilmen for their services shall be fixed by their predecessors in office and not by themselves (provided, however, that this does not apply to the officers elected and who serve the first term), and in no case shall exceed the sum of three hundred dollars per annum for mayor and the sum of one hundred dollars per annum for each councilman. New sec. 13. Pay of mayor and other officers. SEC. 3. Be it further enacted, That said Act be further amended by striking the word one after the word exceed and before the word per, in line nine of section 15 of said Act, and substituting in lieu thereof the word three, so that said section when amended shall read as follows: Section 15. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the town government and for a public school system, the mayor and town council of Ty Ty shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said town to defray annual expenses and said public school system (the latter to lie within the discretion of said mayor and council), said tax not to exceed three per cent. and shall have the right to supervise and revise the returns of both real and personal property, and to double tax all persons failing or refusing to make returns of their property. Tax rate. SEC. 4. Be it further enacted, That said Act be further amended by striking the word three, at the end of line three in section 18, and substituting in lieu thereof the word five, so that said section when so amended shall read as follows: Section 18. Be it further enacted, That the mayor and council of Ty Ty shall have power and authority to levy and collect a street tax in addition to other taxes, a tax not to exceed five dollars upon each and every male person within the corporate limits of said town, subject to road duty under the laws of the State; provided, that the

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said person so taxed shall have an opportunity to work the streets and relieve himself of said tax by working the streets a certain number of days, said number of days to be fixed by the mayor and council, and to be under the marshal. Any person or persons refusing to pay said tax, or work the streets in lieu thereof, may, after five days' notice, be sentenced by the mayor to work on said streets not to exceed thirty days or imprisonment for not more than thirty days. Thirty days' continuance in the corporate limits of said town shall be sufficient to constitute one a resident of said town, so as to subject him to a liability to pay said tax. Street-tax increase. SEC. 5. Be it further enacted, That said Act be further amended by striking all of section 32 of said Act and substituting in lieu thereof a new section 32 which shall read as follows: Section 32. 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 said Act a tax not to exceed one half of one per cent. on all taxable property in said town, for the purpose of establishing and maintaining a system of public schools in said town, said fund not to be used for any purpose not herein designated, said school system to be established only in the discretion of the mayor and council, but the mayor and council are authorized to levy and collect such tax, or any part thereof, in their discretion, for the purpose of supplementing the compensation of teachers in the public schools of said Town of Ty Ty which are not under the supervision of said town, but are operated by the public school authorities of the County of Tift. New sec. 32. School tax. SEC. 6. Be it further enacted, That said mayor and council shall have power to provide for the erection and maintenance in said town of gas works, electric light works, and waterworks and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said town, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing

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of said town 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 of said town, they may be ordinance limit the rates to individual consumers. They may regulate the operation of light or waterworks 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 town, and the municipal government. Gas, electricity and water. SEC. 7. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said town in such sums and at such times as they shall see proper 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 6 per cent. per annum, and not to run for a period longer than thirty 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 waterworks, a system of sanitary sewerage, 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 of the Town of Ty Ty and countersigned by its clerk, under the corporate seal of said Town of Ty Ty, and shall be negotiated in such manner as the mayor and council may determine to be for the best interest of the town. Provided, however, that said bonds shall not be issued for any of the above said purposes until the sum shall have been submitted to the qualified voters of said town at an election held for that purpose under and in conformity with the general laws of

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this State embodied in chapter 3, article 1, and sections 440, 441, 442 and 443, of the Code of 1910. Bond issues. Purposes. Election for bonds. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1917. VIDALIA SCHOOL-BOARD ELECTION. No. 153. An Act to amend an Act of the General Assembly of the State of Georgia, approved August 26, 1906, to establish a system of public schools for the City of Vidalia so as to provide for a board of education for said public schools to be elected by the qualified voters of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 referred to in the caption of this bill is hereby repealed. Repeal of sec. 2. SEC. 2. Be it further enacted, That the board of education for the public schools in the City of Vidalia shall be elected by the qualified voters of said city, at the regular election for mayor and city council of said city and that said board shall consist of five members, and at the next election of mayor and city council of said city, three members shall be elected for two years, and two members for four years, and their successors shall be elected and hold office for a period of four years, and shall serve until their successors are elected and qualified. This method of electing three members of said board at one time, and two at another time shall continue as the method of electing said board. If a vacancy appears by resignation or otherwise, said board shall fill said vacancy by appointment for the remainder of the unexpired term. No one shall be eligible to office as a member of said board who is not a citizen of said city, who is not twenty-one years of age, and who is not

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a qualified voter. Said board of education shall have the power to acquire property, both personal and real, by purchase, donation or otherwise, and hold same in trust for City of Vidalia, with the right to sue and the liability of being sued. Election of board of education. Vacancy. Power. SEC. 4. Be it further enacted, That the present board of education of the said City of Vidalia shall continue in office until the first election for said board provided for under this Act, and until their successors are elected and qualified. Present board continued. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with the above Act be and the same are hereby repealed. Approved August 18, 1917. WACO MAYOR AND COUNCILMEN. No. 115. An Act to amend an Act incorporating the Town of Waco, Georgia, in the County of Haralson, approved August 16th, 1915, 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 section four of the Act incorporating the Town of Waco, in the County of Haralson, approved August the 16th, 1915, be and the same is hereby amended by striking the word four, in the 7th line of the fourth section of said Act, and inserting in lieu thereof the word five, so that said section when amended shall read as follows: Section 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five councilmen, who 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 five councilmen, who shall hold their office for

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the term of one year, and until their successors are elected and qualified; provided, the present mayor and councilmen shall continue to serve as mayor and council of said town under this charter until their successors shall have been elected and qualified. Act of 1915 amended. Read. Mayor and council. SEC. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. WALESKA TERRITORIAL LIMITS DEFINED. No. 92. An Act to amend the charter of the Town of Waleska, in the County of Cherokee, State of Georgia, so as to shorten and define the corporate limits, and also to shorten the police and sanitary limits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the corporate limits of the Town of Waleska, in the County Cherokee, shall be so shortened as to extend two thousand feet in every direction from the cross-roads where the Canton and Cartersville roads cross in said Town of Waleska, and so as to extend in a southeasterly direction, two hundred feet on each side of the Canton road, as much farther than the said two thousand feet limit as necessary to include Reinhardt Chapel church and cemetery; and also so as to extend in a southwesterly direction two hundred feet on each side of the Waleska roller mills road for four hundred feet farther than the said two thousand feet limit. Territorial limits shortened and defined. SEC. 2. Be it further enacted, That the said Town of Waleska shall have full control as to its police and sanitary powers for one mile in every direction from said cross-roads in said Town of Waleska. Police and sanitation. SEC. 3. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict of this Act be and the same are hereby repealed. Approved August 14, 1917. WHITE PLAINS, CITY OF, INCORPORATED. No. 29. An Act to create and incorporate the City of White Plains, in the County of Greene, and grant a charter to that municipality under that corporate name and style; to provide and define the-corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipments for same, sewers, electric lights and waterworks; to declare and define the duties and powers of the officers of said city, and to provide for other matters of municipal regulations, concern and welfare, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter designed and defined, located in the County of Greene, and State of Georgia, is hereby incorporated under the name and style of the City of White Plains, and the said City of White Plains is hereby chartered and made a city under the corporate name of the City of White Plains, and by that name shall have perpetual succession, and said corporation is to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city, and to exercise such right, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated: Corporate name. General powers.

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( a ) Be it further enacted, That said corporate body, under the name and style of the City of White Plains, shall have right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain the use and benefit of said city and property, real and personal, of whatsoever kind or nature within the limits or without the limits of said city, for corporate purposes, and shall have the right and power to sell, convey, lease, transfer and assign, or otherwise deal with all of the property of said city. Property. ( b ) All rights, titles, properties, easements, hereditaments and all and everything now belonging to or in anywise appertaining to the present corporation of the Town of White Plains shall succeed to and are hereby vested in the City of White Plains, created by this Act. Succession. ( c ) And said City of White Plains created by this Act is hereby made responsible as a body corporate for all legal debts, contracts and undertakings of every kind of the said Town of White Plains as heretofore incorporated. Responsibility. ( d ) And the said City of White Plains, through its council as hereinafter provided for, shall have special powers to make all contracts it may deem necessary for the welfare of the city or its citizens, and specially to make contracts with private electric light plants, waterworks plants or gas plants for lights, water or power; to assess values of property, levy and collect taxes thereon, and remove nuisances, and shall have full control and power over streets, lanes and alleys of the city. Contracts. SEC. 2. Be it further enacted, That the corporated limits of the City of White Plains shall be as follows: From a point in the center of Main street and the center of First street where First street crosses Main street, the distance shall be five eights of a mile in every direction, in other words, five eights of a mile redius from said point. Territorial limits. SEC. 3. Be it further enacted, That for the purpose of protecting the peace, good order, morals and health of said city, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as defined in section 2 of this

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Act 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 council of the city and its marshal and police and other officers shall have right and power to abate and remove nuisances and any and all things that may be deleterious to the health, safety and good order of said 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 said State in said zone, and may adopt all ordinances that they may deem expedient for the purpose of regulating matters and people within said zone for police and sanitary purposes aforesaid as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch morals, injure the health, or become a source of disorder, disease or annoyance. Extent of territory for police and health purposes. SEC. 4. Be it further enacted, That the government of said City of White Plains shall be vested in a mayor and six councilmen. The present mayor and councilmen of Town of White Plains shall continue in office until the first day of January, 1918, and until their successors are elected and qualified, and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of White Plains, created by this Act. Mayor and council. SEC. 5. Be it further enacted, That on the first Wednesday in December next there shall be elected a mayor and six councilmen, whose term of office shall be for one year or until their successors are elected and qualified. On the first Wednesday in December each year thereafter there shall be elected a mayor and six councilmen, whose term of office shall be one year or until their successors are elected and qualified, to fill vacancies occurring every year by expiration of terms. Each officer so elected shall enter upon the duties of his office on the first day of January following his election. At the first regular meeting of the mayor and council, after their election and qualification,

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they shall elect one of their number mayor pro tem., whose term of office shall be for one year. In event the office of mayor, or any one or more of said council, shall become vacant, for any cause whatsoever, the remaining members of the council shall fill said vacancy or vacancies for the unexpired term. Election of mayor and councilmen. SEC. 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted by the qualified voters of said city, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of said city, or by three freeholders, all of whom shall be citizens of said city, and each of said managers before entering on his duties shall take and subscribe before some justice of the peace, or some other officer qualified to administer, the following oath: We, and each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held in the city hall of said city or the usual place for holding elections, and the voting shall be by ballot. The polls shall open at eight o'clock A. M. and close at three o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for the same by an order of the city treasurer. Conduct of elections. SEC. 7. Be it further enacted, That in elections for mayor and councilmen the superintendents shall deliver certificate of election to the persons they find have received the greatest number of votes for the offices of mayor and councilmen, respectively; and returns sealed up and delivered to clerk of the council to be kept ten days, and if no contest filed the returns to be destroyed without being opened. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any elections held

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in said city is contested, notice of contest shall be filed with the clerk of the retiring council within two days after such election, setting forth all of the grounds of contest, and upon the payment of $10.00 in advance to said clerk within two days, said clerk shall cause a copy of notice to be served by the marshal on the contestee, if said contest is for an office; and if the result in any election in which any question is submitted is contested, then said clerk shall cause notice to be served on the mayor of said city and published one time in some newspaper in said city or posted in three of the most public places in the said city. Said mayor shall set the time for hearing such contest which shall not be later than ten days after notice has been perfected of which time both parties shall have five days' notice before hearing. The contestor shall pay the marshal $2.00 in advance for serving the said notice. The mayor and council are authorized to hear and determine the contest, and the losing party shall pay all cost, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor, and be signed by said clerk. Election returns. Contest of election. SEC. 8. Be it further enacted, That the legal and qualified voters of said city shall be those who have regularly registered in accordance with the provisions hereinafter set forth in the section providing for the registrations of voters for the City of White Plains. Qualified voters. SEC. 9. Be it further enacted, That no person shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and be a freeholder. Eligibility to office. SEC. 10. Be it further enacted, That on the first day of January, unless such day fall on Sunday, in which case the next day, Monday, shall be used instead, following each election, the persons elected for office of mayor and councilmen, or either, shall take and subscribe before some judicial officer, or the mayor of said city then in office, the following

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oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of said City of White Plains, to the best of my skill and ability and as shall seem to me for the best interest and welfare of said city, without fear, favor or affection; so help me God, and they shall forthwith enter upon the discharge of the duties of their office. Oath of office. SEC. 11. Be it further enacted, That at the first meeting in January, or as soon thereafter as possible, the mayor and council of said city are hereby authorized and empowered to elect for said city annually, and for a term of one year unless sooner discharged, a clerk, treasurer, city marshal, and as many police as they think necessary, a board of health, sanitary inspectors, building inspector, chief of fire department, city physician, city attorney, tax-receiver, tax-collector and tax-assessors, and such other officers as from time to time may become necessary, including a cemetery keeper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office or impose upon them fines, at their discretion, and all officers appointed or elected by said mayor and council shall accept such offices subject to be suspended, removed or dismissed at the will of the city council at any time they see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he had been appointed or is elected had expired or not. The mayor and council, at their discretion, may elect or appoint the same person to discharge and perform the duties of more than one office. Municipal officers. SEC. 12. Be it further enacted, That the mayor pro tem. and three members of the council shall constitute a quorum for the transaction of any business before the council. On all questions and elections before the city council the mayor and mayor pro tem., if he is presiding, shall be entitled to vote only in case of a tie. Said mayor and council shall hold their meetings within the limits of the city, and at such time and place as they see proper. Council meetings; quorum; mayor's vote.

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SEC. 13. Be it further enacted, That the mayor and council may provide for the registration of voters of the city; that the clerk of the council shall be registrar, and that the registration books shall be opened on the first day of November of each year and kept open until five days before the first Wednesday in December. This list shall constitute the qualified voters for general elections and all called elections, except elections upon the issuance of bonds, when the registration books shall be opened 20 days before the date called for the election upon the issue of bonds and closed ten days before said election, and newly registered voters, together with the last annual list, shall compose the list of qualified voters for the bond election, except that any one moving out of the city shall lose his voting privileges. That those entitled to register shall be all male persons twenty-one years of age or to become twenty-one years at or before the election to be held, and entitled to register to vote for representative in the General Assembly of Georgia, and have lived in the State one year and the county and city for six months next preceding the election, and have paid all taxes, licenses, fines, and assessments legally due the City of White Plains at the time of registrations. That the mayor and council shall prescribe an appropriate oath in accordance with the provision of this section, to which all persons registering shall subscribe, and this registration list, properly purged, shall constitute the qualified voters of the City of White Plains. Registration of voters. SEC. 14. Be it further enacted, That the mayor, in his absence, the mayor pro tem., shall have full power and authority to hold at such times and places under such rules and regulations as may be prescribed by ordinance a mayor's court for said city for the trial of offenders against the ordinances of the said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of two hundred dollars, and imprisonment and labor on the public works of the city for ninety days for each offense, but shall in all cases make the sentence in the alternative. The like authority may be conferred upon any councilmen at large by ordinance. Mayor's court.

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SEC. 15. Be it further enacted, That said mayor, and in his absence, the mayor pro tem., shall have the right to issue warrants for offenses committed within the corporate limits of said city, or within the said zone heretofore mentioned, which warrants shall be directed to the marshal or chief of police and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders for their appearance at the next term of city court (if any in said county) or of the superior court of said county, and it shall be the duty of the jailer of Greene County to receive the persons so committed and safely keep them until discharged by due process of law. Warrants; issue and execution. SEC. 16. Be it further enacted, That it shall be the duty of the marshal or police of said city to make arrest of any person violating the ordinances of said city, with or without summons and also with or without warrant. They shall likewise make arrest of any persons who have violated the laws or the statutes of said State, and their arrest for such violation are hereby authorized, either with or without warrants therefor. They shall perform such other duties as may be imposed on them by the laws of the State, and the ordinances of the council, and orders of the administrative board. Arrests without warrant. SEC. 17. Be it further enacted, That the mayor shall have no vote except in case of a tie; he shall have the power to veto all ordinances, orders and resolutions passed by the general or common council. When such ordinances, orders or resolutions contemplate the payment of any sums of money, or liability on the part of city for the same, the said mayor shall have four days after the meeting at which the council voted, wherein to file with the clerk of the council his dissent in writing, but the council may, in the manner prescribed in this charter for voting on such questions, pass the said order, ordinance or resolution over the veto of the mayor by a majority vote of the council, said votes to be taken by yeas and nays and entered upon the minutes. In case the absence of the mayor a like power may be exercised by the mayor pro tempore. Mayor's power as to ordinances.

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SEC. 18. Be it further enacted, That the legislative department of the city shall be vested in board of council. The mayor and board of council shall be styled the mayor and council. Legislation. SEC. 19. Be it further enacted, That the compensation or salary of mayor and council and all other officers, servants and employees of the city shall be such sum as the city council may affix, except that the compensation of the mayor and council must be fixed by the preceding council; the present council cannot fix their own salaries. No one in the city shall be relieved from street tax except such as are exempt under the laws of Georgia. Salaries. Street tax. SEC. 20. Be it further enacted, That the said city marshal shall be the collecting officer of all executions issued for all unpaid taxes, licenses and other matters, which he may be directed to collect by the mayor and council; he shall take and subscribe the same oath as the clerk and shall give bond with a good security in such amount as the mayor and council may direct, conditioned upon the faithful discharge of the duties of his office; he shall be sanitary inspector, and shall be sworn in as a policeman and shall look after all licenses that may be assessed against any person, firm or corporation doing or carrying on any kind of business in said city and see that same is paid. There shall be taxed against all persons whom an execution shall be issued, and for levying the same, the same costs as are now allowed sheriffs for like service and the same fees for selling, making titles and for advertising as are now allowed sheriffs for like service, but these fees shall not be perquisites of the marshal, but shall be paid over by him to the clerk of the city. Said city marshal shall make a monthly report of all executions collected by him, and the amount of cost paid to him, and for what sum the same was paid out. Said city marshal shall do and perform any other service that may be required of him under this charter and the ordinances of said city. Said city marshal shall receive a salary for his services in a sum to be named by the mayor and council. Marshal's duties. Costs, taxation of.

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SEC. 21. Be it further enacted, That during the month of January of each year the city council shall elect from among the qualified voters of the City of White Plains three upright, intelligent freeholders, who shall act as city tax-assessors, and whose duty it shall be to visit each city lot or other subdivision of land within the City of White Plains and place a fair valuation thereon, and whose duty it shall be to value all improvements and assess for taxes in the City of White Plains all other property, real and personal, and of every nature whatsoever, and cause to be made returns thereof on a form similar to that used by the State of Georgia for State and county taxes. All complaints, if any should arise against city tax assessments, shall be heard and adjusted by the city tax-assessors at the first reglar meeting in each year, and if there should be an excessive number of complaints, then and in that event shall the city tax-assessors continue their session from day to day until said complaints have been heard and adjusted; and the action of the assessors and the adjudication of the said tax matters shall be final. Said assessors shall act in conjunction in making each and every assessment. Before entering upon the duties of tax-assessors each assessor shall take the following oath before a duly authorized officer: I do solemnly swear that I will faithfully, impartially and intelligently perform the duty of city tax-assessor of White Plains, Georgia, to the best of my ability, so help me God. In the event that from any cause the said city council should fail to procure the said board of city assessors, then and in the case the said city council may perform the duties of the said city assessors. Tax-assessors. Oath of office. SEC. 22. Be it further enacted, That in case the mayor or any councilman, while in office shall be guilty of malpractice, or wilful neglect in office, or abuse the powers conferred upon him or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral terpitude, he shall be subject to be impeached by the mayor and councilmen, or by the council in the absence of the mayor,

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and upon conviction by a majority of the entire body shall be removed from office. Impeachment and removal of mayor or councilman. SEC. 23. Be it further enacted, That at the regular meeting of the mayor and council after the January meeting in each year, they shall receive sealed proposals from the banks of White Plains to become city depository. Said proposals shall state the amount of interest such banks are willing to pay on the daily balances of cash deposited by the city, and the rate of interest they will charge the city on the average daily overdrafts of the city, and propose to render a statement to the city clerk, showing the amount of each and every day's balance on overdraft. The mayor and council shall accept the best bid that may be offered by any one of said banks for the city's deposit account, and said bank shall give bond in such sum as the city may require for the safekeeping of said deposits, and for the faithful discharge of such other duties as may be required under the terms of this charter and the ordinances of the city with respect to such duties. Depository of city funds. SEC. 24. Be it further enacted, That such patrolmen or policemen as may be needed by the city shall be elected by the mayor and council and serve at the pleasure of the mayor and council, and shall take and subscribe an oath to faithfully discharge their duties as chief of police or policemen to the best of their ability without fear, favor or affection. Policemen. SEC. 25. Be it further enacted, That it shall be the duty of the chief of police, and the policemen, to examine all buildings in the city, and, if dangerous, to report that fact to the mayor, or the chairman of the committee for that purpose as provided by ordinance. It shall be their duty to examine all chimneys and flues and see that they are in proper and safe conditions, and to see that water mains are not tapped and water taken therefrom except by order from the proper authorities and that the electric wires are erected in a safe manner, and see that every order is properly enforced. Dangerous buildings, etc. SEC. 26. Be it further enacted, That no person holding

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office under the City of White Plains shall, during the time for which he was elected or appointed, be capable of contracting with said corporation, or its duly constituted officers for the performance of any work which is to be paid for out of the treasury, nor shall any person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Forbidden contracts. SEC. 27. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of the said city shall fall due, and in what length of time said taxes may be paid, when execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due. Taxes, powers as to. SEC. 28. Be it further enacted, That the mayor and council of said city shall have full power and authority for the assessment, levying and collecting of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of indebtedness, money used for banking and every other species of property in said city, or owned or held therein, if not exceeding one dollar on one hundred dollars as now authorized by law; and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may be hereafter issued by said city authorities; and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said mayor and council shall have power to provide by ordinance for the return of all taxable property in said city, and to provide penalties for the neglect or refusal to comply with same. Tax ad valorem. SEC. 29. Be it further enacted, That the mayor and council shall have the power and authority to impose a tax on all dogs in the city and shall provide by ordinance for collection of said tax, authorizing the city policemen to kill any dog or dogs running at large in the said city, whose owners fail to comply with said ordinance. Dog tax. SEC. 30. Be it further enacted, That all persons subject

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to general road duty between the ages of twenty-one and fifty, who are not excempt under the State laws from working the roads, shall be subject to the street duty, and the mayor and council may provide when and how they shall work the streets; they shall be required to work not less than six days in one year or in lieu of working said six days, they may pay such a sum as may be fixed by the mayor and council and at such time as may be fixed by ordinance. The mayor and council shall by ordinance provide how the tax shall be collected, or how the person subject to street duty shall be summoned to work on the streets, or upon failure to work or pay the tax, they shall be fined in a sum not exceeding fifty dollars, or sentenced to imprisonment to work on the public works of the city not more than fifteen days. Street work, or tax. SEC. 31. Be it further enacted, That the mayor and council shall have the full power and authority to require any person, firm company, or corporation, whether resident or non-resident of said city, who may be engaged in, prosecute or carry on any business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or profession annually and to require such person, company or corporation to pay for said registration and for license to carry on, prosecute or engage in said business, calling or profession, such amount as the mayor and council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all such persons, firms, companies or corporations required by ordinance to register and pay such license taxes, or to take out said licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. License and registration of businesses. SEC. 32. Be it further enacted, That all taxes collected out of the taxpayers of the City of White Plains for roads, streets and bridges by the said county and State shall be paid over to the treasurer of the City of White Plains by the collecting officer of said county and State; whether said tax be special or ad valorem. Taxes for roads and bridges.

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SEC. 33. Be it further enacted, That the mayor and council of said City of White Plains 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, sale stables and lots, hacks, drays and other vehicles, including automobiles, vendue masters, auctioneers, itinerant traders, theaters and theatrical 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 all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public use, every keeper of a shooting gallery, ten-pin alley, upon the keeper of any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, disks, plates, upon flying horses or other contrivances whatsoever, insurance agents, life, fire, accident live stock and other insurance companies, loan agents, for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fish and oysters, vegetables, fruits, bread 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; upon all non-resident persons taking or soliciting orders for any article of merchandise of any kind at retail; upon all manufactories, ginneries, flour mills, sawmills, lumber dealers in any kind of building material, undertakers, pawnbrokers, and upon all and every establishment, business, professions, calling, trade or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to licenses and special tax. The mayor and council of said city may demand payment of any and all licenses or specific tax authorized by this Act or the

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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, or 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 proper authorities 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 occupations. SEC. 34. Be it further enacted, That the mayor and council of said city shall have the power and authority to prevent horses, mules, cattle, sheep, dogs, goats and all other animals or fowls from running at large over said city; and to prevent and prohibit the keeping of hogs within the city limits; and to regulate the manner in which they must be kept, if allowed to remain; and to impound such animals when found upon the streets of the city and charge such fees for the keeping of any animals so impounded, and when the owners of such impounded animals or animal shall fail or refuse to pay the impounding fee and cost of keeping such animals or animal, the same may be sold at public outcry and the proceeds thereof applied to the payment of said fee and cost of keeping said animal under such rules and regulations as may be prescribed by ordinance. Impounding of animals. SEC. 35. Be it further enacted, That the marshal and policemen shall have full power and authority to enter and, if necessary, to break open and enter any place in said city, when the mayor and councilmen may have reasonable cause to believe or may suspect such place to be a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors and the apparatus selling same. Said mayor and council shall have full power and authority to abate as a nuisance any place in said city when the mayor and council shall have reasonable cause to believe that spirituous, vinous, malt or intoxicating liquors

Page 913

are sold in such place or places, and to arrest the offenders; and upon conviction of any person for maintaining a nuisance as above stated, the mayor and council shall have full power and authority to cause the marshal and policemen of said city to seize and destroy the stock of liquors and apparatus for selling same found within the city, and otherwise punish the person maintaining such nuisance as may be prescribed by ordinance. Said mayor and council shall have full power to carry into effect and force the provisions of this section. Intoxicating liquors. Nuisance, abatement of. Seizure and punishment. SEC. 36. Be it further enacted, That the mayor and council shall have full power and authority to cause the owner of city lots, or parts of, and cellars, if the same should become a nuisance, or the board of health should recommend that lots and cellars be filled or drained, to cause the owners to fill or drain such lots and cellars to the leyel of alleys or streets on which said lots are located. Should the owner or occupant of such a lot or cellar fail or refuse after reasonable notice, either to themselves or to their agents, as the mayor and council may provide, to comply with the requirements of said mayor and council by draining or filling said lots or cellars, it shall be lawful for the mayor and council to have this work performed and by ordinance tax the cost against the property and collect same by execution issued as provided by ordinance. Said mayor and council may by ordinance declare what shall be a nuisance in said city and provide for abatement of same. Drainage of lots, etc. SEC. 37. Be it further enacted, That the mayor and council shall have full and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys and public parks in the city, and for the purpose of widening, straightening, grading, or in any way changing streets, lanes and sidewalks in said city, and when the mayor and council shall desire to exercise the power and authority granted in this section, it may be done whether the lands condemned are in the hands of an owner, trustee, executor, administrator, guardian or agent, in the same manner as

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provided by sections 4657-4685, inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, awnings or other obstructions or nuisances upon the public streets, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets, parks, etc. Condemnation. SEC. 38. Be it further enacted, That the mayor and council shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys and public parks of said city and to carry into effect the authority herein granted. The mayor and council have full power and authority to assess the cost of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two thirds of such cost; and any street railroad company or other railroad company having tracks running through or across the streets of the city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of such improvement made, and prorating the cost thereof on real estate according to the frontage on the streets or portion of streets so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the

Page 915

city clerk against the real estate so assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate and after advertising and other proceedings as in the case of other sales the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in purchaser. The marshal shall execute a deed to the purchaser, and shall have authority to eject the occupants and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit, denying the whole or any part of the amount for which execution is issued and stating the amount that he admits is due, which amount admitted to be due, with all cost, shall be paid before the affidavit is received, and the affidavit shall be returned to the superior court of Greene County, and there tried and the issue determined as in the case of illegality, subject to the penalty provided for illegality filed for the purpose of delay. The mayor and council shall have the power and authority to pave, and contract to pave the whole surface of the streets without giving any railroad company or other property owner or other occupant of the street the option of paving such streets themselves. The lien for assessment on abutting property and on street railroad or other railroad company for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank 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 work in each case. Said mayor and council shall have power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain or macadamize or curb the street, sidewalk, and alleys of said city, to enforce by execution the cost thereof against the adjacent property owner and railroad company, and to provide how the agent or owner thereof shall be served with notice, by personal service or publication. Assessments for improvement of streets. Lien. Execution. Levy and sale. Affidavit of illegality. Railroads. SEC. 39. Be it further enacted, That the mayor and council shall have full power and authority to require the

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owner of any improved property in said city to provide suitable privy or water-closet accommodations upon each improved premises, whenever in their judgment and in the option of the city physician such improvements are necessary to preserve the health or protect the sanitary interests of citizens of any neighborhood within said city. The said mayor and council are authorized to enforce the provisions of this section by appropriate ordinances. Sanitary regulations. SEC. 40. Be it further enacted, That the mayor and council may enact any and all ordinances, rules and regulations, necessary to lay out a fire district in said city, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material building in said limits may be erected or covered, how high the walls must be, and how chimneys, stovepipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city, so far as possible, from danger from fire, and prevent the spread of fire from one building to another. They shall also have the authority to order any change in the construction or arrangement of chimneys, stovepipes or flues, or the removal thereof when in their judgment the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected as taxes are now collected. And if any persons, firms or corporations shall erect any buildings, or if there be already erected in said limits any building dangerous to protection from fire, or which the council may deem a nuisance, or which is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed, and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and council shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire district and regulations. SEC. 41. Be it further enacted, That the mayor and council may by ordinance provide for a board of health, to consist of such a number, to hold office for such length

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of time, and to have such powers and duties as the mayor and council may by ordinance provide. Board of health. SEC. 42. Be it further enacted, That the mayor and council shall have full power to require the railroads running through said city, or a portion thereof, to make and repair such crossings on their roads whenever and in such manner as such mayor and council shall deem necessary; to place or repair such crossings, or to open and to keep open any and all streets in the said city; and the mayor and council may pass any ordinance needful for the carrying out of the provisions in this section, and in case the railroad companies aforesaid shall fail or refuse to make such crossings within ten days, or to repair the same within five days after having been notified to do so, by the mayor and council, the said mayor and council shall have the power and authority to put in or repair said crossings at the expense of the said railroad company, and may issue executions therefor as other executions are issued by the clerk of the council and collect the same as provided in tax executions. Railroad crossings. SEC. 43. Be it further enacted, That the mayor and council of said city shall have the right to provide for and regulate the pipes and gutters that empty into the streets or sidewalks of said city; to regulate and prohibit, except as such power may be restricted by any existing general law, the use of the streets, sidewalks, and public grounds for signpost, awnings, telegraph, telephone poles, horse troughs, or racks, and for the posting of handbills, advertisements and to regulate or prohibit the carrying of banners, handbills, and placards on the streets and sidewalks and public places of the city. Also to compel any telegraph of telephone company having previously erected poles or wire in the said city to remove the same to any reasonable location designated by the mayor and council; and in case said telegraph or telephone company shall fail to remove the same within thirty days, or such further time as to the mayor and council may seem just and reasonable after having been notified to do so, said city shall have the right

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to remove the same at the expense of said company and collect the same by execution. Street obstructions; regulation. SEC. 44. Be it further enacted, That the said City of White Plains shall have the power to erect and maintain a sewerage system for said city and to contract for the purchase of land and water rights to be used in connection therewith, either within or without the city, and, if necessary, to condemn land and water rights for such purposes. Sewerage system. SEC. 45. Be it further enacted, That the mayor and council of White Plains are authorized and empowered to order an election by the qualified voters of said city, at such times as the mayor and council may designate, to determine whether or not bonds shall be issued by the City of White Plains in sums subject to the limitations and regulations imposed by the laws of the State of Georgia upon municipalities, to be sold for the purpose of establishing a water and light plant, or for improving and enlarging the same if already established and in operation and maintaining the same, and for the purpose of establishing, building and acquiring of sewerage in said city, and for the purpose of building a public school building or for improving the same in said city, and for street improvement or any other purpose. Said election shall be held in accordance with the provisions of sections 377 to 380, inclusive, of the Code of Georgia, for 1895; at said election the ballots shall be For sewerage bonds, or Against sewerage bonds, or For public school bonds, or Against public school bonds, or For waterworks bonds, or Against waterworks bonds, etc. The mayor and council shall determine the amount of bonds to be necessary for sewerage and in the advertisement shall specify the amount of bonds that will be issued for sewerage purposes. They shall determine the amount of bonds necessary for school purposes and in the advertisement of the election shall specify the amount of bonds to be issued for school purposes, etc. The bonds so issued are to be issued in the nomination of not less than $500.00 and not more than $1,000.00 each. Bond issues. Purposes. Election as to bonds. Amount and denomination. SEC. 46. Be it further enacted, That said bonds when so

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issued shall be sold by the mayor and council, the sale to be advertised in one or more of the leading papers, either in New York, Boston, Mass., Chicago, Ill., Philadelphia, Pa., Atlanta, Macon or Savannah, Georgia, and the official organ of the City of White Plains of Greene County for a period of thirty days. Sealed bids for said bonds shall be received and said bonds shall be sold to the highest and best bidder. Advertisements of bond sales. SEC. 47. Be it further enacted, That the mayor and council of the City of White Plains shall be and are hereby authorized and empowered to annually assess, levy and collect on all property, real and personal, a tax in such sums as may be deemed necessary for the purpose of paying the interest on said bonds, and to create a sinking fund sufficient to redeem and pay off said bonds at their maturity; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and money belonging to the said city, and shall be used solely for the payment of the interest on said bonds as it may accrue and for the accumulation of a sinking fund for the payment of the principal. Taxation for bonds. SEC. 48. Be it further enacted, That if an election be held as herein provided and the same be against the issue of bonds for any of the purposes herein specified, the mayor and council may at any time hereinafter, at the expiration of three months from the date of said first election, or any succeeding election, order another election under the provisions of this charter and may continue to do so until the issuance of bonds is authorized by the legal voters of the city in the manner prescribed by law. The mayor and council may advertise such election for water, lights, sewerage and public school bonds, or any other purpose, at the general election, or may advertise for one or more of said purposes, or any other purpose, or on only one of said purposes as in their judgment may be necessary. Further election. SEC. 49. Be it further enacted, That the mayor and council shall have the power and authority to enact ordinances for the purpose of preventing the spread of infectious

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or contagious diseases, to declare and maintain quarantine against such diseases, and to punish violators of any of the quarantine regulations of the city. They shall have the power to build or establish pesthouses outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city limits. They shall have the power to compel the removal to the pesthouse, of any person or persons, who have the smallpox or other contagious disease, when, in their judgment, it is best for the welfare and health of the city. They shall have the power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ city physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health and quarantine regulations. SEC. 50. Be it further enacted, That the mayor and council of said city shall have power to protect all places of divine worship, and cemeteries of said city; and to provide one or more cemeteries for the burial of the dead, either within or without the limits of the city; and to regulate interments therein; and to expend annually a sufficient sum for the proper keeping of said cemeteries. Places of worship and of burial. SEC. 51. Be it further enacted, That the mayor and council of said city shall have the power to grant franchises, easements and rights of way over, in, under and on public streets and alleys on such terms and conditions as they may fix; provided, that franchises shall not be granted for more than a term of twenty years; and provided, further, that no franchise shall be exclusive except by a vote of the majority of the legal voters of said city, nor without compensation to city, to be provided for in said franchise ordinance. Franchises, easements, etc. SEC. 52. Be it further enacted, That should any person violating any of the ordinances of said city, flee from the jurisdiction thereof, such person may be apprehended wherever he may be found in this State, and the warrant of the mayor or the mayor pro tem. of said city shall be

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sufficient authority for his arrest, return and trial upon the charge resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county of this State, and the warrant of the mayor or the mayor pro tem. of said city shall be sufficient authority for his arrest and return; and all persons thus escaping from the custody of said city may be tried again for such escape and upon conviction may be punished as prescribed by ordinance, the penalty not to exceed that hereinbefore provided for the violation of city ordinances. Fugitives from justice. Warrant for arrest. SEC. 53. Be it further enacted, That from and after the passage of this Act the City of White Plains shall have and it is hereby invested with power and authority to establish, equip, maintain and operate a municipal chaingang and pass all necessary rules and regulations for its proper management and operation. The City of White Plains is hereby invested with power and authority to combine its chain-gang with the chain-gang of Greene County for the purpose of constructing and repairing the public roads, bridges or other public works of said city and of said county; or to deliver its convicts, if it so desires, to the County of Greene to be used in the construction and repair of public roads, bridges, or other public works and the said county receiving such convicts shall have the right to compensate the City of White Plains with work upon its public roads, bridges, or other public works, or by exchange of equal number of convicts, upon the approval of the prison commission. The City of White Plains, its authorities, or the chain-gang authorities of Greene County, should said city deliver its convicts to said county, is hereby invested with full power and authority to work city's convicts, put upon them schakles and stripes and inflict such punishment as may be necessary and is not in conflict with the laws of Georgia. The mayor's court of the City of White Plains is hereby invested with full power and authority to sentence offenders convicted in said court to such term as is provided in this Act in the municipal chain-gang of the City of White Plains, or in chain-gang

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of Greene County, should said city arrange to and deliver its convicts to said county. Chain-gang. County, in combination with. Shackles, punishment, etc. SEC. 54. Be it further enacted, That the mayor and council shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as may be necessary to carry out the provisions of this charter. Suppression of immorality. SEC. 55. Be it further enacted, That the mayor and council shall have the power and authority to control and regulate the running and operating all locomobiles, trains, street cars, and all vehicles for transportation for persons or freight; to prevent all unnecessary noise from automobiles, locomobiles, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens of the City of White Plains, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Control of cars, etc. SEC. 56. Be it further enacted, That the mayor and council shall have power to pass ordinances and regulations for the preventions of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Idling and [Illegible Text]. SEC. 57. Be it further enacted, That the mayor and council shall have the power and authority to enact and pass all laws and ordinances, rules and regulations which they may consider necessary for the good government, peace, order, prosperity, comfort and health of said city and the inhabitants thereof; and they are likewise hereby empowered to enforce such laws and ordinances and to do any and all things and to exercise all other powers conferred upon them by this Act; provided, such laws, ordinances, rules and regulations are not in conflict with the Constitution of Georgia. General [Illegible Text] powers. SEC. 58. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the

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Town of White Plains be and are hereby consolidated and superseded by this Act, and that all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed and all laws or parts of laws inconsistent herewith are hereby repealed. That all ordinances passed by the president and council of the Town of White Plains under a former charter or any amendment thereof which are now in force, and which are inconsistent with or at variance with this Act be and are hereby expressly repealed, but all ordinances of said Town of White Plains heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of White Plains in full force and effect until same have been repealed by ordinance or resolution of mayor and council, as provided for in this Act. Former charter and ordinances. Approved August 4, 1917. WINDER CITY CHARTER REPEALED. No. 66. An Act to repeal an Act incorporating the City of Winder, approved December 20, 1893, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly approved December 20, 1893, entitled An Act to repeal an Act incorporating the Town of Jug Tavern in the Counties of Jackson, Walton, and Gwinnett, approved December 24th, 1884, and reincorporating said town under the name of the City of Winder, to extend the former corporate limits of said town; to grant a new charter to said City of Winder; to provide for election of a mayor and council; to prescribe their powers and duties; to authorize the mayor and council of said city to issue bonds for the establishments of public schools, for waterworks, and for other purposes, incorporating the City of Winder, be and the same hereby is repealed. Act of 1893 repealed.

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SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same hereby are repealed. Approved August 7, 1917. WINDER; REPEAL OF CHARTER AMENDMENT. No. 65. An Act to repeal an Act amending the charter of the City of Winder, found in the Acts of 1906, page 1116, approved August 20th, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of 1906, approved August 20th, 1906, amending the charter of the City of Winder, entitled An Act to amend `An Act to repeal an Act incorporating the Town of Jug Tavern, in the Counties of Jackson, Walton and Gwinnett,' approved December 24, 1884, and reincorporate said town under the name of the City of Winder; to extend the former corporate limits of said town; to grant a new charter to said City of Winder; to provide for the election of a mayor and council; to prescribe their power and duties; to authorize the mayor and council of said city to issue bonds for the establishment of public schools, for waterworks, and for other purposes, approved December 20, 1893, and for other purposes, be and the same hereby is repealed. Act of 1906 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 hereby are repealed. Approved August 7, 1917. WINDER; REPEAL OF CHARTER AMENDMENT. No. 63. An Act to repeal an Act amending the charter of the City of Winder, found in the Acts of 1907, page 978, approved August 13, 1907, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly approved August 13, 1907, amending the charter of the City of Winder, entitled An Act to amend the charter of the City of Winder, so as to authorize the mayor and council of the City of Winder to enact ordinances preventing the delivery of and reception of intoxicating whiskies and liquors within the incorporate limits of said City of Winder; to provide penalties for the violation of such ordinances, and to provide for the enforcement of the ordinances, and for other purposes, be and the same hereby is repealed. Act of 1907 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 hereby are repealed. Approved August 7, 1917. WINDER; REPEAL OF CHARTER AMENDMENT. No. 64. An Act to repeal an Act amending the charter of the City of Winder, found in the Acts of 1908, on page 971, approved August 17, 1908, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly, approved on the 17th day of August, 1908, amending the charter of the City of Winder, entitled An Act to amend the Act establishing the charter of the City of Winder, approved December 20th, 1893, and the several Acts amendatory thereof, so as to confer upon the mayor and council of the City of Winder authority to create a water and light commission, and to authorize said mayor and council of the City of Winder to pass such ordinances as they deem proper in fixing the duties and powers of the water and light commission, and to provide that the mayor

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and council of the City of Winder may by ordinance fix the powers and duties of the water and light commission, and for other purposes, be and the same hereby is 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 hereby are repealed. Approved August 7, 1917. WINDER, CITY OF; NEW CHARTER. No. 10. An Act to provide and establish a new charter for the City of Winder, in the County of Barrow; to change its corporate name to the City of Winder, and to define its corporate limits, and powers; to provide a government for the said City of Winder, and to confer certain rights, powers and privileges; to continue and confirm certain powers heretofore granted to said corporation, its public school system, and the regulations and ordinances now of force in said city, as well as all obligations outstanding against it, or in its favor; to provide for the regulation and control of the water and light system, and the public school system of said City of Winder; to authorize said City of Winder to issue bonds, and other evidences of debt for public purposes; and to provide for all other matters of municipal regulation, concern, and welfare; to declare the rights, powers, and privileges of said corporation, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the name of the municipal corporations created by Act approved December 20, 1893, heretofore existing in the Counties of Jackson, Walton and Gwinnett, and later in the County of Barrow, said State, under the name and style of the mayor and council of the City of Winder, be and the same is hereby changed to the

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City of Winder, in the County of Barrow, said State; and the said municipal corporation is hereby reincorporated and made and continued as a body corporate and politic under the said name and style of the City of Winder without any break in the continuity of its existence, it being the same corporation under a new name; and under said name and style of the City of Winder, said City of Winder 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 laws of Georgia 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 or sell for the use and benefit of said city any property, real or personal, of whatever kind or nature within the limits or without the limits of said City of Winder 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, lease, or otherwise deal with any and all property at present owned or which may hereafter be acquired by said City of Winder, or which may heretofore have been held by the mayor and council of the City of Winder at the time of the repeal of this Act of incorporation of the municipality known as The Mayor and Council of the City of Winder, and found in Acts of 1893, pages 223 et seq. Corporate name. General powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall be as heretofore fixed, namely: They shall extend one mile in every direction from the point where the center of the Gainesville Midland Railway Company's main track crosses the center of Broad Street in said City of Winder, and the jurisdiction of municipal authorities for all purposes within the scope of the corporate powers

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of said City of Winder shall from the approval of this Act extend over all the territory included within corporate limits of said City of Winder as herein specified, and over all the inhabitants thereof, and over all property therein, and over all persons doing business therein, or found therein, and, in addition to the jurisdiction of the municipal authorities over the territory in the corporate limits of the City of Winder, the said municipal authorities of the City of Winder for the purposes of exercising police power, of protecting the city property, and of maintaining order, and for the abatement of nuisances, shall have jurisdiction over all territory comprised within a radius of a mile and a half in every direction from the point where the center of the Gainesville Midland Railway Company's main track crosses the center of Broad Street in said City of Winder, but the said City of Winder shall not be compelled to exercise jurisdiction beyond corporate limits already defined, but shall have jurisdiction to do so when needed or desired, and, in addition to the jurisdiction already conferred in this Act, the said municipal authorities shall have jurisdiction fully and completely for all purposes and especially for the purpose of exercising police power, or protecting the city property, and of maintaining order, and of preventing injury to property belonging to the city any and everywhere the city now has or may hereafter have property outside of the city limits, such as the pumping station, and property around the same, and the right of way for the water lines from said station and over all other properties outside of the City of Winder where any property now owned, or hereafter to be acquired, by said City of Winder may be located, and for the purpose of carrying into effect the provisions of this section the said City of Winder, through its mayor and council, shall have full power and authority to pass such ordinances as may be necessary to enable it efficiently to police and control the territory herein described beyond the corporate limits of the City of Winder, and to protect all city property and to maintain order in the territory above defined outside of the corporate limits of the City of Winder, and to abate nuisances as stated herein. Territorial limits. Extension for police protection, and as to nuisances.

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SEC. 3. Be it further enacted, That all corporate rights, powers and privileges now possessed, and all duties imposed by law upon the municipal corporation heretofore existing under name and style of mayor and council of the City of Winder are hereby preserved unto said City of Winder; 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 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 of Winder; 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 unaffected and of full force. All pending suits or claims by or against said city are preserved intact and unaltered. Existing powers preserved. Property rights. SEC. 4. Be it further enacted, That the present officers of the City of Winder, to wit: L. A. House, mayor; C. O. Niblack, councilman at large; W. J. Smith, Jr., councilman at large; J. G. Whitehead, councilman from first ward; E. S. Bennett, councilman from second ward; J. H. House, councilman from third ward; G. W. McDonald, councilman from fourth ward; Frank W. House, clerk, and G. A. Johns, city attorney, be and they are hereby declared and appointed the lawful officers of the City of Winder, under this charter, until the expiration of the terms for which they were elected and until the election and qualification of their successors as provided in this charter, and by the existing laws and ordinances of said City of Winder. Present officers hold. SEC. 5. Be it further enacted, That said City of Winder shall be divided into four wards, numbered one, two, three and four, respectively, whose limits shall be as follows, to wit: Ward number one shall include all that portion of the said City of Winder lying west and southwest of the intersection of Candler and Broad Streets, and being bounded by Candler and Broad Streets, the city limits and wards numbers two and three, and embracing all that territory

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formerly lying in the County of Gwinnett and part of that territory lying in Jackson County; ward number two shall include all that portion of the City of Winder lying east and southeast of the intersection of Stevens and Broad Streets, and being bounded by Stevens and Broad Streets, the city limits and wards numbers one and four, and embracing all that territory formerly lying in the County of Walton and part of territory formerly in Jackson County; ward number three shall include all that portion of the City of Winder lying west and northwest of the intersection of Candler and Broad Streets, and being bounded by Candler and Broad Streets, the city limits and by wards numbers one and four, and formerly lying in the County of Jackson; ward number four shall include all that portion of the City of Winder lying east and northeast of the intersection of Stevens and Broad Streets, and being bounded by Stevens and Broad Streets, the city limits, and by wards numbers two and three, and formerly lying in the County of Jackson. The ward lines of the City of Winder may be changed by the mayor and council in the following manner: The changes desired shall be accurately specified and advertised in the official organ of Barrow County for the period of sixty days, and thereafter ten days' notice of an election shall be given, and the question of making the change shall be submitted to the qualified voters of the City of Winder. The ballot used in this election shall be prepared by the mayor and council, and on the ballot shall appear the words: For change of ward lines as advertised, and, also, Against the change of ward lines as advertised. If a majority of the qualified voters participating in said election are favorable to the change, then, the advertised change shall be spread upon the minutes of said City of Winder, and, thereafter, the ward lines of the said City of Winder shall be in accordance with the results of this election until again changed in the manner prescribed by law. In addition to this method of changing ward lines, a proper amendment to this charter can be granted by the Legislature. If the majority of the qualified voters of the City of Winder are against the change as advertised, as shown by the results of the election, then

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the ward lines already defined in this Act shall remain as fixed by this Act, unless later amended in one of the methods prescribed herein. Wards defined. Election to change ward lines. SEC. 6. Be it further enacted, That the municipal corporation of said City of Winder and its corporate powers shall be vested in and exercised by a mayor and a council, consisting of two councilmen at large and one councilman from each ward of said city as now laid out, or as may hereafter be added, and also by officers, agents and employees under their authority, except when otherwise provided. Said mayor and council, as a body, shall be known as the city council, and they shall hold office as hereinafter provided. Three of the councilmen, namely, one councilman at large and the councilmen for the first and third wards, shall be elected at the next annual election to be held on the first Wednesday in January, 1918, and shall hold office for two years, and until their successors are elected and qualified; and at the next annual election thereafter, to be held on the first Wednesday in January, 1919, the mayor and one councilman at large and the councilmen for the second and fourth wards shall be elected, and shall hold office for two years, and until their successors are elected and qualified, and so on, an annual election being held on the first Wednesday in January of each year, one year for the election of mayor and three councilmen and the next year for the election of three councilmen, as the case may be, to fill the places of those whose terms expire at such times. 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 prior to his election, but he shall be elected by a vote of the entire city. Mayor and council. Election and term of office. SEC. 7. Be it further enacted, That the mayor and members of the council of said City shall be citizens of the State of Georgia, who have been citizens of the City of Winder for at least one year next preceding the election and shall be qualified voters of said city, and beginning with the year 1918, they shall each be at least twenty-one years old. Any person qualified to vote for members of the General Assembly of Georgia shall be entitled to vote for the mayor

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and councilmen of said city or for any other officers of said city, subject to election by the people thereof, or at any other municipal election held in said city; provided, such person has resided in said city at least six months before the election and is registered as required by the ordinances of said City of Winder, now existing or hereafter to be passed, and not in conflict with this Act or the laws of Georgia, or of the United States. Eligibility. Qualified voters. SEC. 8. Be it further enacted, That elections for mayor and council of said city shall be held under the superintendency of a justice of the peace or a notary public ex-officio justice of the peace of the 243rd militia district in which said City of Winder is situated, and two freeholders chosen by such magistrate, or the mayor and council shall have power to appoint three freeholders, residents of said city, as managers to conduct said election. The managers of all elections in said city shall each, before proceeding with the election, take and subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified by being freeholders (or justice of the peace) to hold the same, and that we will make a just and true return thereof, and not knowingly permit any one to vote who is not entitled to do so according to the charter and ordinances of the City of Winder, nor knowingly prohibit any one from voting who is so entitled, so help us God. Said oath shall be signed by each manager in the capacity in which he acts, and, in the absence of an officer qualified to administer oaths, may be made and subscribed to by each manager in the presence of the others. The managers shall at once report the result of the election to the mayor and council of the City of Winder, together with the two tally sheets, two lists of the voters and the ballots used in said election, and all contests shall be decided by said mayor and council. In case said managers of the election have any reasonable doubts as to the qualification of any voter, they, or either of them, shall have power to administer the following oath: You do solemnly swear you have attained the age of twenty-one; that you are a citizen of the United States and have

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resided in the State of Georgia for the last twelve months and have resided for the last six months within the limits of the City of Winder, and have paid all taxes legally imposed and demanded of you by the mayor and council of the City of Winder or their authorities. Any person who shall take either of said oaths falsely shall be liable to indictment for misdemeanor in the Superior Court of Barrow County, and upon conviction shall be punished as prescribed in section 666 of the Penal Code of the State of Georgia of 1910. Conduct of elections. Result. Contest. Voter's oath. Penalty. SEC. 9. Be it further enacted, That the person or persons receiving the highest number of votes at said election for mayor or councilman, respectively, shall be declared duly elected. Plurality elects. SEC. 10. Be it further enacted, That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the City of Winder, and who shall have resided six months within the City limits, and no other persons shall be qualified to vote at any election held in and for said city; and the mayor and council of the City of Winder shall have power and authority to provide for the registration of voters of said city by the adoption of proper ordinances to that effect, prescribing such rules and regulations for such registration as they may deem best, and not in conflict with the laws of this State, or of the United States. The place of holding all elections under this charter, until changed by ordinance, shall be at the city hall, or council room, and the polls shall be kept open from nine o'clock A. M. to five o'clock P. M. (eastern time), and the managers shall not begin to count the votes until the polls close, if any candidate objects. Qualified voters. Registration. Polls. SEC. 11. Be it further enacted, That the mayor and council 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 elections, special elections of any kind, and any other municipal election in said city; to make all needful rules and regulations for the

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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 regulation or registration ordinance or ordinances, or any part of same. Registration of voters. SEC. 12. Be it further enacted, That the persons elected shall be notifid by the clerk of the City of Winder of their election and they shall, on the following Thursday next after their election, or so soon thereafter as may be practicable, and before entering upon the duties of their respective offices, as mayor or a member of council, take and subscribe the following oath, which shall be administered by any prson qualified to administer oaths, shall be in writing, and written in the book of minutes of the council: I do solemnly swear that I will faithfully and impartially discharge all of the duties devolving upon me as mayor (or councilman, as the case may be) of the City of Winder, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city, and of all its people, during my continuance in office, and without fear, favor, or affection; and that I have not, in order to induce my nomination or election to this office or for any reason, either directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office or position under the city government of Winder 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 discharge the duties of my office and be governed alone by my convictions of what is for 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. No person who is unable to take said oath truthfully shall be eligible to the office of mayor or councilman of the city and any prson who shall take said oath falsely shall be guilty of false swearing and shall be punished as for a

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misdemeanor and subject to impeachment and removal from office after conviction therefor. Oath of office. Penalty. SEC. 13. Be it further enacted, That beginning with the year 1918, neither the mayor nor any member of the council shall be eligible to re-election to the same office after expiration of a second term until a period of two years shall have elapsed. Ineligibility. SEC. 14. Be it further enacted, That beginning with the first session of the city council in the year 1918, and annually thereafter said city council shall fix the salaries of the mayor and council, and said salaries are to be paid annually out of the general revenues of the City of Winder. Salaries of mayor and council. SEC. 15. Be it further enacted, That there shall be elected annually by the mayor and council a mayor pro tem., clerk of the City of Winder, who shall be ex-officio treasurer, a tax-assessor or assessors, a city attorney, superintendent of water and light plant, 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 necessary, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and councilmen. They shall receive a reasonable sum as compensation for their services to be fixed by the mayor and 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 enter into bond, with good security, payable to the City of Winder, in such amount as may be fixed by the city council, for the faithful performance of their duties. The mayor and council may also appoint special policemen, when, in their judgment, such appointment may be necessary; such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and council may

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determine. The mayor shall annually appoint standing committees of the city council whose duties and powers shall be fixed by ordinance. All officers, agents and servants of the city appointed or elected by the city council shall at all times be subject to the jurisdiction of the same and amenable to their discipline, and the city council shall have the power at any time to suspend, fine, or remove any of said persons from the office or positions held by them, respectively, by a majority vote for any cause that may seem just and proper, after such person is appraised of the charges against him and given a fair opportunity to be heard. The mayor and 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. 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 in case of a tie-vote. The mayor and council shall also have authority to designate a city depository in which the funds of the City of Winder shall be kept, and also to require the holders of such funds to place them in said depository notwithstanding such keeper of funds may be under bond, but the said depository shall give a good and sufficient indemnity bond to be approved by the mayor and council of the City of Winder, conditioned to save said City of Winder from any loss of such funds due to failure of said depository to honor legal vouchers on said funds, whether such failure is due to the insolvency of said depository or not. In addition to the officers already mentioned in this section, the mayor and council of the City of Winder shall have the right to elect a recorder to try the cases in the police court in lieu of the mayor and mayor pro tem., and to fix his salary not to exceed three hundred ($300.00) dollars per year, but with the

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provision that before an election can be had by the mayor and council of the City of Winder advertisement of their intention shall be given in the official organ of Barrow County for thirty days, and thereafter ten days' notice of an election shall be given, submitting the question to the qualified voters of the City of Winder, and the ballots to be used in this election shall be prepared by the mayor and council of the City of Winder, upon which shall be the following words: For a recorder, and Against a recorder, and if the majority of the qualified voters of the City of Winder vote for a recorder, then the mayor and council may proceed to elect one, but not otherwise. Mayor pro tem., and municipal officers. Salaries, duties, oath of office, and bond. Policemen. Committees of council. Removal of officers. Board of health. Mayor's vote. Depository of city funds. Recorder, popular vote as to. SEC. 16. Be it further enacted, That a majority of the council shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time, and may compel the attendance of the absentees. Any councilman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases. The mayor shall have no vote except in case of a tie. He shall have the right to review all ordinances, orders and resolutions passed by the board of councilmen, and the said mayor shall have five days after the meeting at which the council votes in which to file with the clerk in writing, his dissent, but the council 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. Right as to voting. Veto power. SEC. 17. Be it further enacted, That the mayor of the city shall be the presiding officer of the city council. He shall also be the chief executive officer of the city government, and shall see that all the laws, ordinances, orders, by-laws, resolutions and regulations of the city council or of any department 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. He shall in all things exercise a general supervision over the affairs of the city and shall

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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 dispatched without favoritism to any person or interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of the absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if he, for the same reasons, can not act, then another councilman shall be selected by the mayor to act temporarily. Mayor's powers and duties. SEC. 18. Be it further enacted, That said mayor and council of said city shall hold regular meetings of the city council at least once a month, the time of meeting to be fixed by ordinance, for the consideration and transaction of such governmental, legislative, administrative or corporate or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the mayor, or mayor pro tem., or upon the written request of any two members of the council. Notice of such special meeting 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 council shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings of council. SEC. 19. Be it further enacted, That said mayor and council 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

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power to exercise the full police powers of the State within said city, and also to make rules and regulations, and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the 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, and to enforce the same by penalties as prescribed in this charter and ordinances of the City of Winder not in conflict with this Act, and said City of Winder shall in addition to the rights and powers herein specially conferred have and exercise all the rights and powers not specially conferred herein which are exercisable under the laws of Georgia and the Constitution thereof, by municipalities just as if such powers and rights had been expressly conferred with the right to pass necessary ordinances to carry the same into effect. Contracts, police powers, etc. General welfare powers. SEC. 20. Be it further enacted, That the mayor of said city, and, in his absence, the mayor pro tem. shall have jurisdiction to try all persons charged with violation of any law or ordinance, rule or regulation of said city, and to punish such persons, when properly convicted, by fine not to exceed three hundred ($300.00) dollars, imprisonment in the calaboose of said city not to exceed fifty (50) days, and to work at hard labor on the streets, or such other public works as the trial officer shall adjudge, not to exceed six (6) months, any one or all of these punishments may be inflicted in the discretion of the mayor, or person acting as mayor in the trial of offenses. Trial and punishment. SEC. 21. Be it further enacted, That the mayor's court of said city is hereby established and declared to be a court of record, and it shall be presided over and its sessions held (as often as may be necessary) by the mayor or the mayor pro tempore of the City of Winder. or a member of council designated as provided in this Act. Said court shall have power to impose such penalties for violations of the charter or of any of the ordinances of the city, as are prescribed in section twenty (20) of this Act, and to fine or imprison, or fine and imprison for contempt; and

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the collection of such fines may be enforced by execution issued, directed and returned as tax executions are provided to issue in this Act; and the mayor shall enforce all such imprisonments by mittimus, directed to the chief of police or policemen of said city, and in all prosecutions in said city, the same shall be commenced by affidavit as prescribed in section 905 of the Penal Code of Georgia of 1910, upon which a warrant shall be issued and signed by the presiding officer of said mayor's court, which shall be in form of warrant described in section 906 of the Penal Code of Georgia of 1910, except that it shall be directed only to the chief of police, or policeman of said city, and shall require the person therein named to be taken before the said mayor's court of the City of Winder for trial, and on this warrant and affidavit, the issue of guilty or not guilty shall be found, and the trial proceed whenever the case is sounded in open court, unless continued under the rules of law as far as they can be applied to said court, and it shall only be necessary in such affidavit to describe the offense alleged with such particularity that the judge of said court may readily understand the nature of the charge and no more; and if such affidavit and warrant should be dismissed for the want of formality, either on demurrer before trial or be detected afterwards, and at any time before judgment, and whether the case is pending before the mayor's court, or on appeal before the council, the same may be nolle prosequied, and another be sued out, and so on from each dismissal until one shall be drafted sufficient for the purpose, and whenever a person is arrested by authority of this Act, it shall be lawful for him to enter into a bond to be approved by the chief of police of said city, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, which shall be made payable to the said City of Winder, which bond shall be forfeited on the nonappearance of the defendant in the manner hereinafter provided. Mayor's court. Penalties. Contempts. Procedure. Trial. Appearance bond. SEC. 22. Be it further enacted, That if any person who has been arrested, charged with violation of any law or ordinance of said City of Winder, and has given bond for his

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or her appearance before the proper authorities to answer such charge, fails to appear at the time and place specified in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and security shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than thirty days from the time of the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served by chief of police upon the principal and sureties on the bond, at least twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the court, to which the same is returnable, in the official organ of Barrow County. If at such return term, no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on said bond, or such of them as have been served for the full amount thereof and all cost, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the City of Winder and the mayor of the City of Winder, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice or superior courts of this State. Said executions shall be directed to the chief of police of the City of Winder, and to all and singular the sheriffs, deputy sheriffs and constables of this State, by any one of whom the same may be levied. Forfeiture of bond. Execution. SEC. 23. Be it further enacted, That from the judgment of the mayor's court, there may be an appeal in writing within four days to the city council of said city, to be heard at the first meeting of the city council after it is entered, unless continued under the rules of law granting continuances in this State as far as same can be made applicable; and before such appeal is received, the defendant shall pay all cost and give bond for his personal appearance

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to abide the final judgment in said case; and the presiding officer of said mayor's court, or the officer presiding over the council, when sitting on appeal cases shall have power to summon and require the presence of witnesses to appear and testify for prosecution or defense, which summons shall be valid throughout Barrow County. The mayor or mayor pro tempore, who presided at the trial of any case in the mayor's court, shall not sit in the trial of the said case in the appeal before the council. Appeals. SEC. 24. Be it further enacted, That any defendant, who has been tried and convicted by the city council sitting by appeal, may have said findings reviewed or certiorari to the Superior Court of Barrow County, Georgia, but no certiorari shall be allowed or granted until all cost accrued in said case shall have been paid to the clerk of said City of Winder, and bond given to the City of Winder for the appearance of the petitioner in certiorari to answer the final judgment of the court in the case as provided by the Code of Georgia; provided, however, there shall be no right of appeal or certiorari from a fine or commitment for contempt; but such fine for contempt shall not exceed ten ($10.00) dollars, or imprisonment for contempt shall not exceed ten (10) days. Said certiorari 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. Not in contempt cases. SEC. 25. Be it further enacted, That if, on the trial of any person before the mayor, mayor pro tem., or city council, for violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State of Georgia, it shall be the duty of the court trying such persons to commit such persons to prison, or let to bail, to answer before the court having jurisdiction of the offense charged to have been committed. Committals for trial. SEC. 26. Be it further enacted, That the mayor and council shall have the right and authority to establish a chain-gang in said city; to provide for the confinement of

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the prisoners therein during the hours they are not engaged in labor; to provide for their maintenance during the period of their imprisonment; to employ guards and convict bosses, and generally to provide by ordinance for the proper government and control of said convicts, including reasonable corporal punishment. Chain-gang, convicts, etc. SEC. 27. Be it further enacted, That said mayor and council 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 condition, good order and repair, renew and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said City of Winder, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners or lessees of property to pave, repair, renew and repave the streets and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee of said city; and said City of Winder and the mayor and council thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize, repair and repave and improve the public streets, alleys, and lanes and sidewalks of said city, and to put down, repair, and renew curbing, side-drains, cross-drains, crossings and other improvements thereon; and to charge, assess and collect the expense thereof as hereinafter provided, as follows: Improvements of streets, etc. 1st. That the mayor and council of the City of Winder shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage of the street and public lanes and alleys of said city; to put down curbing, cross-drains, crossings and otherwise improve the same. Powers. 2nd. That in order to fully carry into effect the authority above delegated, the mayor and council of the City of Winder shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including

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two-thirds of the necessary curbing for the same, on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved. Assessments. 3rd. That the mayor and council of the City of Winder shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved; the real estate abutting on the sides shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize, or otherwise improve said street, as the mayor and council may prescribe, the width of its track and for one foot on each side of every line of track now in use, or that may hereafter be constructed by said company; provided, that the law authorizing the assessment of the abutting property owners of the whole cost of paving sidewalks, including two-thirds of the cost of curbing, is in no way affected hereby. Assessments, how made. 4th. That the mayor and council of the City of Winder shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, and for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and council of the City of Winder whether said improvements shall be done or not. Equalization of assessments. 5th. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Lien. 6th. That the mayor and council of the City of Winder shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the

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streets or sidewalks, by execution to be issued by the city clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the chief of police of the said City of Winder upon such real estate, and after advertisement and other proceedings, as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the chief of police of the City of Winder shall have authority to eject the occupants of said property, and place the purchaser in possession thereof; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and such affidavit so received shall be returned to the Superior Court of Barrow County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Execution, sales under. Affidavit of illegality. 7th. That the mayor and council of the City of Winder shall have full authority to pave, or contract for paving of, the whole surface of the street, without giving any street-railway company, or other property holder or occupant of the street the option of having the space to be paved by it paved by itself, or by a contractor at its instance; the object of this section being to prevent any delay in the progress of the work, and to secure a uniform quality of workmanship. Railroads. 8th. That the lien given to the City of Winder for assessments upon abutting property, and also on the property of street-railroad companies for street or sidewalk paving, curbing, grading, or drainage, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Winder for taxes due said city, such lien or priority of payment to exist from the date of the passage of

Page 946

the ordinance authorizing the execution of the work in each case. Rank of lien. 9th. That the mayor and council shall have full authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain or curb any of the streets of the City of Winder; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with noticeby personal service or by publication. Powers conferred. SEC. 28. Be it further enacted, That said mayor and council 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, disorder or annoyance; to regulate privies and waterclosets; and also the keeping of gunpowder, dynamite, gasoline, benzine and other combustibles; to regulate the sale of ice and milk, and to provide for the inspection of the same, and to provide for a sworn public weigher in said City of Winder and to require sworn weigher's certificates of sellers of such articles as may be deemed necessary; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire-escapes in all buildings three or more stories in height; to establish fire limits and prescribe the material out of which buildings shall be constructed therein, by ordinance, and from time to time to enlarge and restrict the same, and to provide penalties for violating the provisions of such fire limit ordinances; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs, poultry, dogs, or other animals, and to take up and impound the same; and to regulate and control the keeping of dogs within the

Page 947

limits of the city and to provide for a tax on dogs and for taking 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. Protective powers. Nuisances and sanitation. Dangerous substances. Fire regulations. Animals. Dog tax. Disorderly houses. SEC. 29. Be it further enacted: 1. That said mayor and council, in the event the present prohibition Acts of the General Assembly relating to and prohibiting the sale of intoxicants should ever be repealed, shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatsoever in said city; to grant license for the sale of same, and to fix the price of the said license; provided, the same shall not be less than the sum of thirty thousand ($30,000.00) dollars; to establish such regulations and restrictions for the sale of the same as they may deem proper, and to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of the same. 2. That said mayor and council 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, or keep same for the purpose of sale, barter or exchange, and express authority is herein conferred upon the City of Winder to pass such ordinances as may be desired or deemed expedient for the punishment of any person who may be convicted of having in his possession, custody or control for the purpose of sale, barter or exchange, any intoxicating beverages of whatever name or character, notwithstanding any provisions in the State laws making such conduct penal, and to administer, under such ordinances now in existence or that may be hereafter passed by the mayor and council of the City of Winder, the punishment prescribed in this charter and in the ordinances of the City of Winder. Intoxicating liquors. SEC. 30. Be it further enacted, That the City of Winder is hereby granted the power of eminent domain, and the

Page 948

mayor and council are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city for public parks, water supply, sewerage, new streets or necessary roads, and all 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 5235, inclusive, of volume 1 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. Condemnation of property. SEC. 31. Be it further enacted, That said mayor and council of said City of Winder shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, a system of electric lights, a system of gas works, a system of sewerage and other public utilitiesany one, more or all as, and whenever they may consider it expedient; to make rules and regulations regarding the use of same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity, or gas, or sewerage, or service from such public works, or who illegally divert such gas, water, sewerage, or electricity from their proper channels of transmission. When consumers of such water, electricity, sewerage or gas, so furnished by the city, shall fail to pay for same promptly, when due, said mayor and council are hereby authorized to cause executions to be issued in favor of said City of Winder against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the City of Winder, 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 after payment of delinquent

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bills, and they may also refuse to furnish altogether any such delinquents, in their discretion, unless such person shall first indemnify the City of Winder against future losses, but this right shall not exist until a person has been delinquent and has had his supply cut off at least twice. Waterworks, gas, electricity, and sewerage. SEC. 32. Be it further enacted, That said mayor and council shall have authority and control over all street railroads, electric light and power plants, gas plants, ice plants and factories and wagons, and dealers in ice, and telephone lines and exchanges and other public utilities doing business in said city and over the persons, firms and corporations owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by said public utilities and ice factories and dealers in ice and the operation of same. Street railroads and public utilities. SEC. 33. Be it further enacted, That the mayor and council, or head officer of the appropriate department of the City of Winder, shall have the right to compel the house owner or proprietor, using water, light, or electric current, or other convenience supplied by the municipal government of the City of Winder, 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 before making connections for supplying the desired commodities, Meters for water, light, etc. SEC. 34. Be it further enacted, That said mayor and council of the city of Winder shall have express power and authority, which is by this Act herein conferred, to pass such ordinances as may be necessary for the general welfare of the City of Winder relative to persons or property, including the express power to pass such ordinances as may be necessary to suppress idleness, loitering, and gaming, and to make and provide ordinances against those who assemble for the purpose of gaming, or who engage in gaming, or who are commonly known as vagrants, loiterers, and idlesome persons, and to pass any other ordinances in the interest of public morals and for the suppression of crime and vice in the City of Winder, and, also, the said

Page 950

mayor and council of the City of Winder shall have the express authority to pass any and all ordinances that may be deemed necessary to prevent either the keeping of whiskey, or other intoxicants, for sale thereof or any traffic, directly or indirectly, therein, and the power and authority conferred by this section is expressly conferred, notwithstanding any provisions for punishment of crimes of a similar nature under the laws of the State of Georgia. General welfare powers. Idling, gaming, etc. Intoxicants. SEC. 35. The mayor and council of said City of Winder are hereby empowered to maintain a system of public schools as now established by law in the said city which shall be free to all the children within the said city. And the said mayor and council shall, by ordinances or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise, and carry on said system of schools and render the same efficient. The board of education of the City of Winder shall be composed of nine members, including the mayor and chairman of the finance committee, and the mayor and chairman of the finance committee shall be ex-officio members, and the said board of education shall hereafter be recognized as one of the regular boards of the city government provided for by the charter of said city. These provisions shall apply to the existing board of education, the members of which shall continue in office until the end of the terms for which they have been elected, respectively, unless vacancies shall occur by death, resignation, or removal from office, and any vacancies so occurring shall be filled by elections by the mayor and council. Vacancies occurring by expiration shall be filled by elections by the mayor and council at the regular meeting next preceding the expiration of such term, and members thus elected shall hold office for a term of three years, and until their successors are elected and qualified. The board of education shall elect the superintendent, teachers, and other officers of the public schools, and shall have the supervision and government of such school in conformity with the existing ordinances, and such as may be made by the mayor and council, but the board of education shall not have the power to bind the City of Winder by contracts for the purchase

Page 951

of school property or erection of schoolhouses or the furnishing thereof or for salaries of officers or teachers, for any sum or sums in excess of the annual appropriation made by the mayor and council for the support of the public schools. No permanent improvement or repair shall be made or equipment be purchased by the board of education of the City of Winder in excess of fifty dollars a school year, except upon affirmative action of the mayor and council of the City of Winder authorizing such expenditures and after an appropriation for such purpose. The board of education of the City of Winder shall on or before March 1st of each year render to the mayor and council of the City of Winder a budget of the anticipated expenses of operating the public schools of the City of Winder for the ensuing year, giving in detail the items of such expenses, and the mayor and council shall on or before April 1st of each year make an appropriation, including the funds to be derived from the State public school funds, for the maintenance of the public schools of the City of Winder for the ensuing year and said board of education shall not contract for expenses in conducting the public schools of the City of Winder for such ensuing year in excess of the annual appropriations so made, and all funds for the use of said board of education shall be deposited with the treasurer of the City of Winder and shall be paid out by him upon legal vouchers signed by the chairman and the secretary of the board of education, and countersigned by the chairman of the finance committee. An incidental or matriculation fee may be required of each pupil before assigning said pupil to a seat not to exceed one dollar for each session, or two dollars per school year, to be fixed by the board of education of the City of Winder. Public-school system. Board of education. Powers of board. Budget of expenses. Contracts, payments, etc. Incidental fee. SEC. 36. Be it further enacted, That the treasurer of the board of education of the City of Winder, for the use of the public schools therein, shall receive its pro-rata share of the public or common school fund or funds direct from the State School Superintendent, and it shall be the duty of the State Treasurer and State School Commissioner of Georgia to pay over to the clerk and ex-officio treasurer of

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the City of Winder, or other officer named by ordinance, the pro-rata share of the State public or common school fund or funds, to which the public school system of said city and the children attending same are entitled, according to the number of children of school age residing in said city, increased by the number of children of school age, without the limits of said city, but in Barrow County, who attend said public school system as provided by section 1551 of volume 1 of the Code of Georgia of 1910, together with such other allowances and funds as may be due or payable to said public school system, and the children attending same under existing law or laws that may hereafter be enacted, all of such funds to be exclusively for the use and benefit of said public school system and not to be used for any other purpose. And all city regulations and ordinances in reference to said public school system, and not in conflict with this Act, are hereby preserved and retained of full force and effect, but said regulations and ordinances shall be subject to amendment and repeal by the city council. Children living beyond the corporate limits of the City of Winder may be permitted to attend the public schools of the City of Winder upon such terms as the board of education of the City of Winder may determine, and the proportion of the State school funds that would go to the district of such child's residence shall be paid to the designated authorities of the City of Winder, and the superintendent of the Winder public schools shall make a separate report, giving names and residences of all non-resident pupils attending said Winder public schools. A school census of all children in the City of Winder within school ages shall be taken by the mayor and council during the third week of August, 1917, and every two years thereafter to ascertain the number of children in the City of Winder entitled to a proportion of the public school fund of Georgia, and the enumerators for this purpose shall be appointed by said mayor and council, who shall be sworn to faithfully and truly perform their duties as such enumerators, and certified copies of these sworn reports shall be sent to the State School Superintendent, who shall compute the amount of school funds to be paid to the City of Winder

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upon the basis of this enumeration taken in accordance with this Act from year to year. Proportion of State fund. Ordinances and regulations preserved. Non-resident children. Census of school children. SEC. 37. Be it further enacted, That said mayor and council be and they are hereby authorized and empowered to issue bonds for and in the name of said city for any of the following purposes, to wit: For building and equipping public school buildings; extending and improving the waterworks and sewerage 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 crematories within or without the city; constructing and installing and improving or extending an electric light and power plant, or gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power; and also for providing said city with any other public utility that the city council may consider desirable or expedient; and, further, for the purpose of building a city hall, a public auditorium, an armory, and any other public buildings and works and making any other public improvements that may be needed for the city; and for any and all other governmental, municipal and public purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, said mayor and council shall by appropriate resolution or ordinances 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 for, the place of payment, and other terms and details in accordance with the laws of Georgia relative to municipal bonds; and shall also in said ordinance 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 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,

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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, and in accordance with the laws of Georgia, then, and in such event, said city council shall, at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers, with all the qualities of commercial paper; and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the City of Winder. 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. Purposes. Ordinance. Election for bonds. Obligation of bonds. Sale and application. SEC. 38. Be it further enacted, That whenever any bonds are issued by the City of Winder, it shall be the duty of the mayor and council to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The mayor and council of said city are hereby empowered, should they deem it advisable, 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 Winder 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 Winder, and to provide for the number of persons who shall compose said commission, and for their election or appointment, their qualification, term of office, compensation, duties and powers, and to make all needful rules and regulations for the government of said commission and the management of said sinking fund. Sinking-fund. Commission.

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SEC. 39. Be it further enacted, That it shall be the duty of the city council, or of the appropriate committee or board or department having same in charge, to see that a full supply of fresh, pure water is furnished to citizens of the city, and that the water supply is adequate for fire protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said waterworks system; to lay out, construct, repair, or alter existing water-mains and pipes, as may be necessary; to provide proper pumps, pumping stations, reservoirs, filters, etc., as may be required; to fix the water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the waterworks system and of the mains and pipes and of the water supply; and, similarly, 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 light 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 of said city; to adopt such rules and regulations as may be necessary for the maintenance and government of such system; to fix rates for different consumers, properly classifying the same with reference to the amount consumed, so that each class shall be treated alike; to regulate the installation of wires and other appliances for the use of the electric current in any form, and to see that all electric wires are properly installed, insulated and properly protected so as to safeguard the lives and the property of the public; to make such other regulations governing such electric system, and the transmission of the electric current, as may be proper and expedient. Water supply. Regulations. Light. Rates. Regulation. SEC. 40. 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

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and sufficient, and that the sewerage system of the city be extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers and for flushing same, and to make it compulsory upon the people of the city where sewers are constructed, or shall hereafter be constructed, to connect with such sewers, the cost of said connection to be paid by the property owners, 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 sanitary protection and removal of garbage, night-soil and other refuse, and for the operation of crematories, if installed, and for keeping the city in a perfectly sanitary condition in all respects, also to prescribe rules and regulations for requiring property owners or tenants to provide overground privies with sanitary cans or other receptacles; 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 parcles of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water, to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill same, it shall be lawful for the city council to cause same to be done, and to cause an execution to be issued against the owner of said property and against said property for the expense thereof; also, to appoint a sanitary inspector or inspectors who shall perform such duties and be clothed with such powers as may be prescribed by the city council, in order that the city may be kept in a sanitary condition, and that the sanitary regulations may be properly enforced; and said city may provide by ordinances for appropriate penalties for the punishment of any person, firm or corporation who shall violate any of the sanitary rules and regulations of the city. Drainage and sewerage. Sanitary regulations. SEC. 41. Be it further enacted, That said mayor and

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council shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or [Illegible Text] in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city; to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall also have authority to provide for the isolation of those affected with or exposed to contagious or infectious diseases, and to establish and maintain pesthouses, and to provide for the confinement of persons having such diseases therein and for rules governing the same, and to enforce such rules by appropriate penalties. Quarantine. Vaccination. SEC. 42. Be it further enacted, That said mayor and council shall have full power to levy and collect an annual ad valorem tax, not to exceed one per cent. on all the property, real and personal, within the corporate 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 council of the city on all said property for paying the principal and interest on 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 taxes to be all 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

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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 whatever, and then only when in the judgment of the mayor and council the necessities of the city shall require. Said taxes shall become a lien upon all property subject to taxation in said city, as owned on January first of each year, and shall become due and collectible as follows: On the first day of December of each year. Executions shall issue for all taxes, unpaid on the first day of December of each year, or the first business day thereafter in event same falls upon Sunday, 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 March of each year and closed on the first day of June following, and the mayor and council are herein expressly authorized to levy a double tax on all property not returned for taxation within that period. Taxation ad valorem. School tax additional. Extraordinary tax for special purposes. Lien. Execution. Penalty. SEC. 43. Be it further enacted, That the mayor and council shall prescribe by ordinance the time and manner in which, and the officer or officers to whom, all property, occupation, trades, callings, businesses, etc., shall be returned for taxation by the taxpayers and inhabitants of said city; and it shall be the power and duty of the assessor or assessors to value the real estate of said city, for taxation, and to scrutinize carefully each return of property, real and personal, by taxpayer in the said city, and if, in his or their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by said mayor and council. Whenever the assessor or assessors shall raise the valuation at which the taxpayer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and council under such rules and regulations as they may prescribe. Returns for taxation. Assessment; notice of increase.

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SEC. 44. Be it further enacted, That said mayor and council shall also have authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles and auto-buggies and public vehicles of all kinds, as well as private vehicles which are unusual in their nature and likely to injure the road-beds and streets of the city or frighten horses and become a source of danger, annoyance or disorder; and also traveling venders of patent medicines, soaps, notions, etc.; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiards, pool and other kind of tables, ten-pins, shooting galleries, and bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery-stables, slaughter-houses, butcher pens, mill ponds, fish ponds, tanyards, blacksmith shops, sawmills, grist mills, 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 powers of the city, and to fix the amount of the license therefor and collect same; and also, said mayor and council shall likewise have power and authority to levy and collect a specific or occupation tax on all business, public or private, exercised within the city as may be deemed just and proper, not in conflict with the laws of Georgia, 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 necessary for the public health. Licensing and regulation of occupations. SEC. 45. Be it further enacted, That said mayor and council shall have power and authority, by ordinances, to classify and provide for registering the various occupations,

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trades, callings and kinds of business that are carried on in said City of Winder, and to fix the specific or license tax on same, and the time or times when such tax or license shall be payable, and to provide penalties for engaging in same without first registering and paying the tax, and shall also have power to enforce collection of same by execution, and by ordinance making it a municipal offense to carry on business in the City of Winder before registering and paying the prescribed license tax and either or both of these remedies can be applied in the discretion of the mayor and council. Classification and registry. SEC. 46. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay the general and specific or occupation tax, assessments, liens or other charges accruing against such persons, firms or corporations, respectively, or their property for which executions may be issued under the provisions of the charter of this city, or of the ordinance thereof, shall be signed and issued by the clerk of the City of Winder, shall bear test in the name of the mayor of said City of Winder and shall be directed to and enforced and levied by the chief of police 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 notice thereof in three or more public places in said city for ten days before the 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 Barrow County are advertised, before selling the same; and all sales under execution shall be sold before the door of the court-house of the County of Barrow in said city. Sales shall be made under the rules and law governing sheriff's sales. When personal property is sold, the chief of police shall deliver possession thereof at once to the purchaser and a bill of sale if he shall so desire. When real estate is sold the chief of police shall make 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,

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said chief of police shall not be authorized to turn out any person other than the defendant in fi. fa., his heirs, tenants, or assigns. The clerk of the city council shall be entitled to fifty (50) cents for each fi. fa. issued, and the chief of police shall be entitled to the same for levying as is now allowed by law to lawful constables in this State, which items of cost shall be collected and turned over to the clerk of council to be placed in the city treasury. Executions; issuance, levy, advertisement, and sale. SEC. 47. Be it further enacted, That the chief of police or collecting officer of the City of Winder shall be authorized to transfer and assign any fi. fa., or execution issued for street, sewerage, 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 case of sales or transfers of tax fi. fas., as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer or 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 executions. Redemption. SEC. 48. Be it further enacted, That whenever any execution issued by proper authority of said city for taxes, licenses, assessments, or any other like charges or demands due said city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of said execution is due and the reason why same is not due, and stating what amount is admitted to be due, which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, with bond and security for the forthcoming of the property levied on, if same is personal property; and said affidavit so presented shall be returned to the Superior Court of Barrow County, and there tried and the issue determined as in cases of other affidavits of illegality returnable to said court, subject

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to all the pains and penalties provided for in cases of illegality for delay. Such affidavit of illegality and the procedure in reference thereto being governed by the rules and laws governing such matters in the superior courts of the State. This section, however, shall not apply to fines imposed by the municipal authorities for violations of ordinances of said City of Winder. Affidavit of illegality. SEC. 49. Be it further enacted, That all male citizens between the ages of twenty-one and fifty shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, or to pay a commutation tax in lieu thereof not to exceed four ($4.00) dollars, as the mayor and council may determine. Should any person liable to work the streets of the city under this section fail and refuse to do so, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the last day, the mayor and council by ordinance may require, such person may be sentenced by the mayor to work upon the streets of the said city for and during the term of not exceeding fifteen days, under the direction and control of the proper officer, or be confined in the calaboose for a term not exceeding twenty 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 for street tax and liable to all the provisions of this section. Street work or commutation tax. SEC. 50. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred ($500.00) dollars in amount, shall be advertised by the city department in which said work, labor, or materials properly belong, in a newspaper published in the City of Winder, 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 ($500.00) dollars or less shall be made by the mayor and council. This

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section shall not abridge the power of the city to do all necessary work, by its own employees whenever, in the judgment of the city council, the same can be done more effectively or economically. Letting of contracts. SEC. 51. Be it further enacted, That said mayor and council shall have power and authority to erect and maintain a city calaboose, and to establish and provide regulations therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of the city, as well as for the safe detention of all disorderly person or persons committing or attempting to commit crime, and the 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 violations of the laws or ordinances of the city, and confine them in the calaboose to await their trial, subject to the rights of such detained person to give bond for his appearance in accordance with the general laws of Georgia. Calaboose. SEC. 52. 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 or 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 fires; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places; to preserve order at elections and at all public meetings and assemblages; to regulate movements of teams and vehicles in the streets, and to prevent the violations of all laws and ordinances in force in the city, and to prosecute offenders thereof. 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

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control of the chief of police, and of the mayor and council. 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. Police force, duties of. SECTION 53. Be it further enacted, That the mayor and council may, when they deem it expedient, establish and maintain a fire department for said city and operate the same under such rules, regulations and ordinances as the mayor and council may prescribe. When established it shall consist of a chief and sufficient number of men, and they shall receive such salaries as may be fixed by the mayor and council, and be employed at the pleasure of the city council. The chief shall be the executive head of the department, and shall be responsbile for the good order and [Illegible Text] of the same, and shall make such reports to the city council of the conditions of the department as may be required. Fire department. SEC. 54. Be it further enacted, That said mayor and council shall not grant any public franchises to any person, firm, or corporation without reserving in said grant the right to tax said franchises, and the right to pass and adopt from time to time such ordinances or regulations, regulating and governing the exercise of such franchises as may be deemed expedient or necessary; and no franchises shall be granted for a period longer than fifty years, but nothing in this Act shall affect any franchises heretofore granted by the mayor and council of the City of Winder or impair prior contracts. Franchises; taxation, regulation. Period limited. SEC. 55. 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 expenses 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

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to carry out any ordinance or plan of the municipal government of the City of Winder, or to the best interest of the city and its inhabitants, and this section is applicable, also, to all such corporations or persons already doing business in the City of Winder under its old charter found in Acts of 1893, or any amendments thereto. Public-service corporations; readjustments. SEC. 56. Be it further enacted, That all property in said city which is required by the laws and ordinances for the city to be returned for taxation, shall be double taxed, if not returned for taxation, before May 1st of each year; provided, however, that the tax-assessor or assessors, or the city council shall have power in their discretion to relieve from said double tax for good cause shown, and when it is made to appear that failure to return property for taxation was not to avoid its tax but for some excusable reason to be judged of by the mayor and council. Double tax on default in return. SEC. 57. Be it further enacted, That it shall not be lawful for the mayor or any member of council, or any officer under said city to be interested, either directly or indirectly, in any contract with the City of Winder, having for its object the improvement of the city or any part thereof, or the expenditures of any money from the city treasury, or in any contract for the purchase or sale of either realty or personalty by or from or to 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 contracts shall be void; and upon being convicted and removed from office by said impeachment proceedings as provided in this charter, such person shall not be qualified to hold any office or position with or in the government of said city or any department thereof for the term of ten years thereafter. Unlawful interest in contracts. Penalty.

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SEC. 58. Be it further enacted, That the mayor, council, departmental officers, or other officers of said city, whether serving with or without compensation, whether elected or appointed for a fixed term of office, shall, for violation of the criminal laws of the State, including the misuse or failure to pay over public funds or deliver property, or wilful neglect or failure, except in providential causes, to perform the duties of his office, or such private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of this 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 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 councilman on trial shall be allowed to sit or vote on the trial of his own case; and no person shall be convicted without the concurrence of two-thirds of the members present, the mayor voting except when he is on trial. Judgment in case of impeachment shall extend no further than removal from office and disqualification to hold any office of honor, trust or profit, under this charter, but the party convicted shall, nevertheless, also be liable and subject to indictment, trial and punishment, according to 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 discharged at the pleasure of the appointing power without trial or any charges against them. Impeachment and removal of officers.

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SEC. 59. Be it further enacted, That said mayor and council shall also have the following rights and powers: 1. To provide for the inspection of all buildings in said city for the purpose of having same meet the proper requirements relative to the material used and safety of the same, as the city council may from time to time prescribe by ordinance; to appoint a building inspector and prescribe his powers and duties; and to provide that no building shall be erected in said city without first securing a permit from such inspector. 2. To regulate all drays, hacks, and vehicles of every kind and description used in the city for hire in the transportation of passengers and freights, or both; to provide for the regular inspection of same and for lighting same at night, and to fix the rates of fare and carriage for same; also, to regulate the speed and the running of trains, street-cars, automobiles, auto-buggies, motor-cycles, and other vehicles in said city by ordinances for the public safety or convenience or general good. Building inspection. Vehicles for hire. SEC. 60. Be it further enacted, That whenever any street railroad tracks are laid in said city on a street which has already been paved or permanently improved, said mayor and council may require such contribution or payment from said street-railroad company or its owners at the time of laying such tracks, on account of the paving or improvement of such street, as the said city council may deem proper. Said city may enforce the collection of such amount by execution, and may require payment of same before consent is granted to lay such tracks and may grant conditioned on such payment thereafter. Such street railroad and its owners shall also be liable for its pro rata of the cost of repaving or repairing said street when same is done, according to law, and the mayor and council of said city shall have full power, whenever they may deem it necessary, to require any railroads in said city or running through said city, to make crossings on their several roads for the convenience of the traveling public, or to open and keep open for travel any street in said city, and the mayor and council may pass any ordinances needful for the carrying out of the provisions of this section; and in case the

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railroads as aforesaid shall fail and refuse to fix said crossings when notified so to do, the mayor and council shall have power to put the same across such railroads at the expense of said railroads, and may issue execution therefor and levy and collect the same, as is provided in this Act for issuing, directing, levying and selling property of individuals. Street railroads; paving contribution. SEC. 61. Be it further enacted, That the mayor and council of said city are hereby authorized, whenever they shall deem same expedient in their discretion, to make an assessment on the various lots and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and they are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment; the execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front. 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 assessment. SEC. 62. Be it enacted, That after the question has been submitted to the qualified voters of the City of Winder, as already provided herein, and a majority vote has been favorable to the election of a recorder, a judicial officer, to be known as recorder, may be elected by the mayor and council of said City of Winder in the manner other officers of said city are now elected. The recorder shall hold his office from the date of his election and qualification until the first Wednesday in January of the year succeeding his election.

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Beginning with the general election to be held for the election of mayor and council, on the first Wednesday in January, 1918, and at the general election held for the municipal officers every two years thereafter, there may be elected a recorder in the same manner now provided for the election of the municipal officer of said city, who shall hold office for two years, or until his successor is elected and qualified. Recorder's election and term. 2. No person shall be eligible to the office of recorder unless he shall be, at the time of his qualification at least twenty-one years of age, shall have resided in the City of Winder not less than three years next preceding his election. Eligibility. 3. Said recorder shall preside as judge in the police court heretofore established in said city, and try and determine all cases therein, without a jury. He shall be clothed with all the powers as judge of said court that are conferred on the mayor of the city by this Act, and shall exercise all the functions as judge of said police court as fully as if said recorder had been named in said Act wherever the mayor of the city is named. Powers. 4. The recorder shall be paid monthly a salary not to exceed twenty-five ($25.00) dollars per month, to be fixed by the city council, and the same shall not be increased or decreased during his term of office. Before entering upon his duties of office he shall take and subscribe the following oath, which shall be entered upon the minutes of the city council, to wit: I solemnly swear that I will uprightly demean myself as recorder of the City of Winder, and that I will faithfully and impartially discharge all the duties incumbent on me as presiding judge of the police court of said city, according to my best ability and understanding, and agreeably to the laws and Constitution of the United States and the charter and ordinances of the City of Winder, so help me God. Salary. Oath of office. 5. The recorder shall hold said police court at stated hours daily, Sunday excepted, or as often as the exigencies of the business may demand. In case the recorder is absent

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from the city, sick, disqualified, or for other cause is unable to hold said court, the mayor or any member of council of said city may preside and act as judge of said court in his place, and while so doing shall be clothed with all the rights and powers of such recorder. In case a vacancy shall occur in said office from any cause, such vacancy shall be filled in the same manner as vacancies in the office of mayor or council are now filled. Police court. Vacancy in office. 6. The recorder may be removed from office by the mayor and council to be judged of by them in the manner provided by this charter for the impeachment and removal from office of the mayor, any member of council, and other officers of said city. Removal. 7. Nothing in this section shall be construed as establishing the office of recorder, but the present mayor and council or any subsequent mayor and council of said City of Winder shall have authority to establish said office and appoint or elect a recorder when authorized so to do in the manner already provided, and when said office is established and a recorder so appointed or elected, this section shall become operative and of full force, but not before. When this section effective. SEC. 63. In addition to the taxes and assessments now authorized by law to be levied and collected subject to the restrictions now made by law, the mayor and council shall have full power, in the same manner other taxes are levied and collected, to levy and collect annually a special tax not to exceed one-fourth of one per centum 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 making permanent street improvements. Taxation for permanent street improvements. SEC. 64. Be it further enacted, That the duties heretofore devolving upon the water and light commission of the City of Winder as created by the Acts of 1908 shall be vested in a committee of council to be appointed by the mayor of the City of Winder, and to be known as the water and light committee, and said committee shall be one of the regular standing committees of council, and they shall

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have all the rights heretofore exercised by the water and light commission, subject, however, to the action of the mayor and council of the City of Winder affirmatively approving or disapproving the actions of said water and light committee. Be it further enacted, that the mayor and council of the City of Winder may by a two-thirds vote of said body re-establish the water and light commission, and may prescribe the duties and authorities of said commission, and the said mayor and council may pass such orders, rules, regulations, ordinances, and resolutions as may be necessary to carry into effect the terms of this section and to increase or reduce the authority and duties of the water and light committee, or any future water and light commission, and it is further enacted that any future water and light commission, created under the terms of this section, shall be under the direct control and supervision of the mayor and council of the City of Winder. Be it further enacted, that the terms of this section shall not become effective until the first day of September, 1917. Water and light committee. Commission may be reestablished. SEC. 65. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1917. WRENS SCHOOL-BUILDING BONDS. No. 70. An Act to amend an Act entitled An Act to incorporate the Town of Wrens, in the County of Jefferson; to define the corporate limits thereof; to provide a municipal government for said town, and to provide for the support and maintenance of the same by taxation and otherwise, and for other purposes, approved December 17, 1901, so as to provide for the issuance of bonds by said municipality for the purpose of erecting a school building in said Town of Wrens. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of same, That section 13 of the Act above recited be amended by adding after the word building and before the word or, in the eighth line of said section, the words including school building, so that said section when amended shall read: Be it further enacted by the authority aforesaid, That mayor and council of said town shall have the power and authority to contract debts and issue bonds of said town, under and in accordance with the limitations provided in the Constitution of the State, and the general laws of the State applicable to municipalities, and with the funds arising from the sale of such bonds may refund existing debts, establish and maintain a system of waterworks and electric lights, erect public buildings, including school buildings, or other improvements for use of the citizens of said town. Act of 1901 amended. Read. Bond issues to include school buildings. 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, 1917. WRENS SCHOOL TAX INCREASE. No. 155. An Act to amend an Act entitled An Act to authorize the Town of Wrens, in the County of Jefferson, to establish a system of public schools; to provide for the maintenance and support of the same; to create a board of education, and for other purposes pertaining thereto, approved August 14, 1909, so as to increase the tax rate that may be levied for school purposes from one quarter to one half of one per centum, 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 words one quarter at the beginning of the fourth line of section 7 of the above-recited Act be

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stricken out, and in their stead there shall be substituted the words one half, so that said section 7 of the Act approved August 14, 1909, when amended shall read as follows: Be it further enacted, That the mayor and council of said town may each year levy such a tax as the board of education may recommend not to exceed one-half of one per cent. on all property of said town subject to taxation, which tax may be necessary, when added to the funds received from the county school commissioner and the sum realized from tuition or entrance fees, to support and maintain said schools for the period of nine months of each year. Said taxes are to be collected when the regular town tax is collected. Act of 1909 amended. School-tax rate. SEC. 2. Be it further enacted by the authority of the same, That this amendment is not to take effect until the same is submitted to the legally qualified voters of said Town of Wrens at an election called for that purpose by the mayor and the result declared by him as required by law. Referred to popular vote. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1917. WRENS TERRITORIAL LIMITS DEFINED. No. 69. An Act to amend an Act entitled An Act to incorporate the Town of Wrens, in the County of Jefferson; to define the corporate limits thereof; to provide a municipal government for said town, and to provide for the support and maintenance thereof by taxation and otherwise, and for other purposes, as approved December 17, 1901, and as amended by Act approved August 22, 1905, so as to change the corporate limits of said town and make provisions for new limits. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of the same, That section (1) one of the Act approved August 22, 1905, the same being an Act to amend the Act approved December 17, 1901, among other things defining the limits of the Town of Wrens, be amended by striking out of said section everything after the words to wit, in the sixth line thereof, and inserting in lieu thereof the following words, to wit: Beginning at the trestle of the Augusta Southern Railroad Co. over Brushy creek, where the present corner of the town limits established by the Act approved August 22, 1905, now stand, and running in a straight line in a northerly direction up to where the ditch crosses the Quaker road between S. M. McNair's residence and the place of Mrs. Mollie Young; thence in a straight continuous line till this line intersects with the public road running from S. M. McNair's to Hobbs' mill; thence in an easterly direction in a straight line to the corner between the Wasdeb place and the land now owned by W. J. Wren; thence in a straight line from the last-named point in a southerly direction to where a road intersects Wade street at Aquilla Stapleton's house, now marked by an iron stake; thence in a straight line in a southwesterly direction, intersecting the Wrens and Zebina road at a stake halfway between the homes of Emma Thomas and Robert Pughlesly; thence in a southwesterly direction in a straight line to the water tank of the Savannah and Atlanta Railway Company, which is located about two hundred yards east of the depot of that company; thence in a straight line to a stake at the corner of D. N. Oliphant and Howard and Radford's lands; thence in a straight line running north 45 west for a distance of 800 yards to a stake; thence from said stake in a straight line to the starting point at the Brushy creek trestle. Act of 1905 amended. New territorial limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this be and the same are hereby repealed. Approved August 7, 1917.

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TITLE II. PRIVATE AND SCHOOL CORPORATIONS. ACTS. Board of Public Education of Savannah and Chatham County. Georgia Loan and Trust Company; Guaranty of Titles. Rankin Realty Company and Others; Columbus Street Rest-room. Trustees of Effingham Academy; Land Title Confirmed. Trustees of Independent Presbyterian Church of Savannah. South Georgia Normal College Trustees. BOARD OF PUBLIC EDUCATION OF SAVANNAH AND CHATHAM COUNTY. No. 190. An Act to validate and confirm all the rights and powers given, or attempted to be given, to the board of public education for the City of Savannah and County of Chatham by the amendment to the charter of said board, granted by the Superior Court of the County of Chatham on the 2nd day of December, 1878, dealing with the education of colored children, or children of African descent, in the City of Savannah and County of Chatham, between the ages of six and eighteen years; and to authorize the said board to borrow money and give its obligations therefor as herein provided. Whereas, the Superior Court of Chatham County, Georgia, by an order passed December 2, 1878, amended the charter of the board of public education for the City of Savannah and County of Chatham so as to extend the jurisdiction of said board over public schools for the education of colored children, or children of African descent, in the City of Savannah and County of Chatham, between the

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ages of six and eighteen years; and, whereas, question has been made as to the validity of this order, and it is desirable that any doubt on the subject be removed; and, whereas, question has also been made as to the power of the said board to borrow money and give its obligations therefor, and it is desirable also that this doubt be removed: Preamble. SECTION 1. It is therefore enacted by the General Assembly of the State of Georgia, That the said order of the said superior court be and it is hereby validated and confirmed, and all the rights and powers given, or attempted to be given, by the said order to the said board of public education for the City of Savannah and County of Chatham are hereby conferred upon the said board as fully and as completely as if the said amendment had been passed by the Legislature of this State. The said board shall have all the rights, powers and authority with regard to the receipt and use of public money and other property for the support of public schools for said colored children, or children of African descent, in the City of Savannah and County of Chatham, between the ages of six and eighteen years, and their direction, management and control, and the said board has with reference to public schools for white children and their support in the said city and county. Charter amendment. confirmed. Powers. SEC. 2. Be it further enacted, That the said the board of public education for the City of Savannah and County of Chatham is hereby authorized to borrow money from time to time, whenever necessary, for the purpose of promptly paying its teachers and meeting its other current expenses, and to give its obligations therefor, which obligations shall be binding upon the said board and its property, and may bear the current rate of interest not exceeding the legal rate. The said board shall not borrow for any particular year in excess of its resources for such year. Authority to borrow money. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this law be and they are hereby repealed. Approved August 15, 1917.

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GEORGIA LOAN AND TRUST COMPANY; GUARANTY OF TITLES. No. 135. An Act to amend an Act entitled An Act to incorporate the Georgia Loan Trust Co., approved September 26, 1883, so as to empower said company to guarantee title to lands. SECTION 1. 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 said General Assembly entitled An Act to incorporate the Georgia Loan and Trust Co., approved September 26, 1883, be amended by adding to section 3 of said Act the following, to be known as section 3-A, to wit: Section 3-A. Be it further enacted by the authority aforesaid, That said corporation shall have the power, in addition to the powers heretofore or hereafter enumerated, to guarantee the title to any and all lands heretofore or hereafter conveyed to it or to others as security for debt, and generally to guarantee all land titles whatsoever. Act of 1883 amended. Power to guarantee titles. 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 18, 1917. RANKIN REALTY COMPANY AND OTHERS; COLUMBUS STREET REST-ROOM. No. 18. An Act to grant to Rankin Realty Company and other realty owners in the City of Columbus who may desire to associate themselves together for that purpose, or to such corporation or body as may hereafter be formed for that purpose, the right to erect, at their own expense, in the center of Broad street, in front (or near the front) of the Rankin House, in said city, for the

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use of the entire public, a passenger-station or rest-room, of brick or other fireproof material, to cost not less than the sum of $6,000.00; said building to be erected under the supervision of the municipal authorities of said city; and to confirm the grant of permission for above purpose, made by the mayor and board of aldermen of said City of Columbus, to such persons, on June 6, 1917; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: SECTION 1. That the State of Georgia, as the owner of the fee in the streets of the City of Columbus, hereby grants to Rankin Realty Company, a corporation, and such other realty owners in the City of Columbus, Georgia, who may desire to associate themselves together for that purpose, or to such corporation or body as may hereafter be formed for that purpose, the right to erect, at their own expense, in the center of Broad street, in front (or near the front) of the Rankin House, in said city, for the use of the general public, a passenger-station or rest-room, of brick or other fireproof material, to cost not less than the sum of $6,000.00; said building to be erected under the supervision of the municipal authorities of said city; and the grant of permission for this purpose made by the mayor and board of aldermen of said City of Columbus, on June 6, 1917, be and the same is hereby approved and confirmed, provided that the City of Columbus shall not incur any expense in the lighting, heating, or maintenance of said building. Grant of right street of Columbus. SEC. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 4, 1917.

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TRUSTEES OF EFFINGHAM ACADEMY; LAND TITLE CONFIRMED. No. 243. An Act to perfect title to the trustees of Effingham Academy, and their successors in trust, to the Effingham Academy, and all property owned, controlled by, and in legal possession of the Effingham Academy trustees. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the title to lots numbers twenty-three (23) and twenty-eight (28) and fractions of lots numbers twenty-two (22) and twenty-nine (29), situated in the Town of Springfield, Georgia, and measuring 210 feet square, as per plan of Lord Powers, county surveyor, and being the same property conveyed on February 9, 1829, by the justices of the Inferior Court for Effingham County, and now known as blocks numbers twenty-three (23) and twenty-eight (28), in said Town of Springfield, and on which is located the Effingham Academy, be and the same is hereby confirmed in the Trustees of Effingham Academy and its successors, a corporation created by an Act of the General Assembly of Georgia, approved December 10, 1841, Acts of 1841, page 10. Title to certain lots of land confirmed. 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 20, 1917. TRUSTEES OF INDEPENDENT PRESBYTERIAN CHURCH OF SAVANNAH. No. 166. An Act to validate and confirm the amendment to the charter of the Trustees of the Presbyterian Church of the City of Savannah, commonly known as the Independent Presbyterian Church, granted by the Superior

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Court of Chatham County, Georgia, on the 26th day of May, 1917. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the amendment to the charter of the Trustees of the Presbyterian Church of the City of Savannah, commonly known as the Independent Presbyterian Church, granted by the Superior Court of Chatham County, Georgia, on the 26th day of May, 1917, be and the same is hereby validated and confirmed, and that, as provided therein, the trustees of the said church now in office shall continue in office until the 1st day of February, 1918, and that prior to the annual meeting in 1918 the said trustees as now constituted shall elect three trustees, and that the members of the church at the annual meeting to be held on the third Sunday in January, 1918, shall elect two trustees to serve until February 1st, 1919, and their successors shall be elected annually thereafter in the manner herein stated, that is to say, three by the trustees in office and two by the members of the said church. Charter amendment confirmed. Trustees continued. Election. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this law be and they are hereby repealed. Approved August 16, 1917. SOUTH GEORGIA NORMAL COLLEGE TRUSTEES. * * This Act was delivered to the compiler too late to be inserted at the regular place for it in this book. No. 148. An Act to amend section 3 of an Act approved August 18, 1906, providing for a Normal College at Valdosta in South Georgia. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act section 3 of this Act approved August 18th, 1906, providing for the establishment of a Normal College in South Georgia, be amended by striking the word nine, in line four of the

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Act as printed in Georgia Laws of 1906, and inserting in lieu thereof the word fourteen and by adding in said section after the words six years the words and five for a term of eight years, so that said section when amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That the immediate charge of said college shall be in a board of trustees to be composed of the State School Commissioner and the Chancellor of the University for the time being, and fourteen citizens of Georgia, three of whom shall be residents of Lowndes County; to be appointed by the Governor, three for a term of two years, three for a term of four years, and three for a term of six years, and five for a term of eight years from the date of their appointment, which board of trustees shall be the local board of said college. Act of 1906 amended. Trustees; number, and terms of office. SEC. 2. All laws and parts of laws in conflict with the foregoing are hereby repealed. Approved August 17, 1917.

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PART IV.RESOLUTIONS

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RESOLUTIONS. Academy for the Blind, Committee on. Askew, W. S.; Refund of Overpayments. Bank Charter Deposit Refund. Banks, Draft of Bill Regulating. Boundary of Georgia and South Carolina. Brunswick Harbor, Urging Defense for. Brunswick Harbor Navy-Yard Site. Clarkesville Railway Company; Accepting Surrender of Charter. Covington and Oxford Street Railway Company; Surrender of Charter. Eakes, W. J., deceased; Money Appropriated. Echols County, Supplying Law-Books to. Georgia Reports; to Buy Certain Volumes. Henderson, William; Relief as Surety. McCurry, A. A., deceased; Per Diem Payment. National Tax Congress Invited. Penitentiary Committee Visits. Railroad Strike, for Settling. Reports of Officers to be Mailed. Stone Mountain Confederate Memorial. Unfinished Business of the Assembly. Unfinished Business; Persons Authorized to Remain after Adjournment. Unfinished Business; Statement by Mail. University of Georgia Committee Visits. Valdosta Street Railway Company; Surrender of Charter Amendment. Young, J. H.; Relief as Surety. ACADEMY FOR THE BLIND; COMMITTEE ON. No. 7. A RESOLUTION. Resolved, That the committee on Academy for the Blind is hereby authorized during vacation to visit the Academy for the Blind and make its report to the next session of this House. Vacation visit. Resolved, further, That the members of said committee visiting said institution shall be paid their regular per diem and all actual traveling expenses, said payment to be made upon the itemized sworn statement of the committeemen filed with the chairman of the committee, and said statements collectively filed by the chairman of the committee with the Governor of the State, who shall draw his warrant therefor on the Treasury of the State. Pay per diem and expenses. Approved August 17, 1917.

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ASKEW, W. S.; REFUND OF OVERPAYMENTS. No. 9. A RESOLUTION. Whereas, W. Sam Askew was tax-collector of Washington County, Georgia, for the years 1910 and 1911; and, whereas, the said tax-collector, as tax-collector of said county, in making final settlement with the State of Georgia, did overpay his accounts in the sums of $147.18 for the year 1910, and $24.66 for the year 1911, making a total over-payment of $171.84; and whereas the auditor's report made by Alonzo Richardson Company, certified public accountants of the State of Georgia, having offices in the City of Atlanta in said State, covering an investigation into the affairs of Washington County, submitted by said Alonzo Richardson Company to the commissioners of Washington County, and of date August 19th, 1912, and which contains a complete analysis of the accounts of the said tax-collector's books for the years 1910 and 1911, shows the above mentioned overpayments; be it therefore Preamble. Resolved, by the House of Representatives, the Senate concurring, That the sum of $171.84 be and the same is hereby declared to be due said W. Sam Askew, as a total of overpayments to the State as tax-collector, for the years 1910 and 1911; and be it further Amount of overpayments. Resolved, That the Governor of Georgia be and he is hereby authorized to draw his warrant upon the Treasurer of Georgia, in favor of said W. Sam Askew, for said over-payments, to be paid out of any moneys not otherwise appropriated; and be it further Warrant authorized. Resolved, That all laws and parts of laws in conflict with this resolution be and the same are hereby repealed. Approved August 14, 1917.

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BANK CHARTER DEPOSIT REFUND. No. 11. A RESOLUTION. Whereas, on the first day of February, 1916, application was made to the Honorable Secretary of State by W. S. Preetorius, J. W. Brannen, and J. G. Watson, for the incorporation of Bank of Bulloch, of Statesboro, Georgia, Bulloch County, and fifty dollars was deposited with the Honorable Secretary of State for the payment of charter, as prescribed by law; and whereas, the said bank did not materialize, and no charter ever granted to said bank, and the sum of fifty dollars was a total loss to the said W. S. Preetorius, J. A. Brannen, and J. G. Watson; Preamble. Therefore, be it resolved by the House of Representatives, the Senate concurring, That the Governor be and he is hereby authorized to draw his warrant on the Treasurer of the State of Georgia for the said sum of fifty dollars in favor of the said W. S. Preetorius, J. A. Brannen, and J. G. Watson. Warrant for refund of $50. Approved August 18, 1917. BANKS, DRAFT OF BILL REGULATING. No. 15. A RESOLUTION. Resolved by the House, the Senate concurring, That a committee of two from the House, one from the Senate, and two residents of the State, who shall be bankers, be appointed to draft a bill regulating establishment of banks; to prescribe excessive loans to individuals and firms; excessive loans to officers and employees; loans secured by real estate; overdrafts to officers, directors, and employees; purchase of share of stock, or accepting same as security; regulate dividends, worthless loans, bonds and stock; regulate establishment of branch banks. Said committee is to do

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the work without cost to the State, in recess, and report the bill back to the next House. Committee to draw and report bill. Approved August 20, 1917. BOUNDARY OF GEORGIA AND SOUTH CAROLINA. No. 18. A RESOLUTION. Whereas serious dispute exists as to boundary between the States of Georgia and South Carolina along the Savannah and Tugalo rivers, all the way from the mouth of the said Savannah river to the head of the Tugalo river at the junction of the Keowee and Chattooga rivers, and on to the North Carolina line, and whereas public policy as affecting the people of both States and the rights of Georgia require that all doubt or cloud as to the jurisdiction, or law enforcement, or title, or taxing power, or franchises, touching localities in question, and boundary between the two States should be, without delay, cleared away, correctly adjudicated and finally settled; Preamble. Therefore resolved: That His Excellency, the Governor, be and he is hereby authorized and requested to institute a suit, or suits, in the Supreme Court of the United States, by and in the name of the State of Georgia, against the State of South Carolina for establishing the claim and boundary of Georgia to and including the entire bed of said Savannah and Tugalo rivers in their entire lengths, islands and all, clear over to the South Carolina shore, at the ordinary mean water level of said rivers; and to prosecute for and recover the same wherever any adverse occupancy does or may exist. Authority to institute suit. Approved August 21, 1917.

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BRUNSWICK HARBOR, URGING DEFENSE FOR. No. 6. A RESOLUTION. Whereas there are now under construction in the several shipbuilding plants on the harbor of Brunswick, in this State, a large number of vessels, and, on the completion of shipbuilding plants now being erected in Brunswick, there will be in course of building from thirty-five to fifty vessels, most of them under contract for the United States Shipping Board Emergency Fleet Corporation; and whereas there is at present moving through the port of Brunswick a large and valuable tonnage of munitions and foodstuffs for our allies; and whereas there are at Brunswick extensive railroad and otehr docks and terminals, as well as many industrial plants, of great commercial value, and of vital importance to the United States for use in the prosecution of the war; and whereas these vessels, terminals and industrial plants, of many millions of dollars value, are entirely without protection against destruction by enemies of the United States, because of the utter lack of defense of any kind for Brunswick harbor; and whereas the large anchorage areas of deep water, extensive terminals and docks and excellent railroad facilities of Brunswick make it a tempting point for enemy invasion in future, as well as of great value to our own government for naval and military use: therefore, Preamble. Be it resolved, by the House of Representatives of the State of Georgia, the Senate concurring, that the government of the United States be and it is hereby most earnestly urged to provide immediately as efficient form of temporary defense for Brunswick harbor as possible and to establish ample permanent fortifications for the port as soon as practicable; and Defense and fortification urged. Be it further resolved, that copies of this resolution be transmitted, duly certified under the seal of the State, by the Secretary of State to the Secretary of War, the United

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States Senators from Georgia, and to each Representative in Congress from this State. Transmission of copies. Approved August 17, 1917. BRUNSWICK HARBOR NAVY-YARD SITE. No. 25. A RESOLUTION. Whereas the United States Government has long owned a navy-yard site on Blythe Island, in the harbor of Brunswick, Glynn County, Georgia, which site was purchased in 1857 at a cost of one hundred thirty thousand dollars, by authority of Congress, on the recommendation of a commission of naval officers, appointed under authority of a resolution of the United States Senate, who, after investigating all of the South Atlantic and Gulf ports, reported, under date of December 20, 1836, that they had no hesitation in preferring Brunswick as the location for a navy yard, because of its large, deep and landlocked harbor and its strategic position as the most southern freight harbor on the Atlantic Seaboard, situated where all shipping from the Gulf of Mexico and the West Indies must pass its door; and whereas Brunswick harbor has the largest areas of deep water for anchorage of fleets of any seaport south of Hampton Roads; and whereas the navy-yard site in Brunswick harbor has an area of sixteen hundred and ninety-five acres, with nearly five miles of water frontage, much of which is without improvement, of sufficient depth for naval purposes, and is to-day probably more valuable for naval use than when purchased, because of the improvement and deepening of Brunswick Bar; and whereas this navy-yard site, purchased sixty years ago, has never been used by the government, and the State of Georgia has within its borders no permanent naval establishment of any kind, and it is the sense of the members of this House that Georgia is entitled to have a permanent naval establishment of some kind; therefore Preamble.

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Be it resolved, by the House of Representatives of the State of Georgia, the Senate concurring, that the United States Government be earnestly urged to utilize this navy-yard site in Glynn County, of this State; and that copies of this resolution, duly certified under the seal of the State, be transmitted by the Secretary of State, to the Secretary of the Navy, to the United States Senators from this State and to each Representative in Congress from this State. U. S. Government urged to utilize site. Approved August 17, 1917. CLARKESVILLE RAILWAY COMPANY; ACCEPTING SURRENDER OF CHARTER. No. 3. A RESOLUTION. Whereas the Clarkesville Railway Company is a railway corporation, incorporated by the Secretary of State on the 19th day of November, 1908, in pursuance with sections 2159 and 2160 and 2161 of the Code of Georgia of 1895; and whereas said Clarkesville Railway Company is a street-railway entirely within the city limits of the City of Clarkesville and is operated by a gasoline motor-car; and whereas said company has been and is being operated under a franchise from the mayor and council of said City of Clarkesville; and whereas said railway has never proven profitable to its stockholders, and the same having been sold under a mortgage of foreclosure in Habersham Superior Court; and whereas T. G. Spencer and Oscar Mauldon are the sole owners of said railway and all of its appurtenances originally owned by the said Clarkesville Railway Company, and the said Clarkesville Railway Company and T. G. Spencer and Oscar Mauldon are desirous of surrendering the charter of said railway and discontinuing the operation of said railway; and whereas the mayor and council of said City of Clarkesville have authorized the surrender of said franchise and the removal of the track and rolling-stock of said railway: Preamble.

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Therefore, be it resolved by the House, the Senate concurring, that the surrender of said charter be and it is hereby accepted. Surrender accepted. Approved August 14, 1917. COVINGTON AND OXFORD STREET RAILWAY COMPANY; SURRENDER OF CHARTER. No. 5. A RESOLUTION. Whereas the Covington and Oxford Street Railway was granted a charter to operate and maintain a railroad from Covington to Oxford in the County of Newton, State of Georgia, on February 14th, 1888, known as the Covington and Oxford Street Railway Company; and whereas the conditions are now such that the said street-railway is unable to operate and maintain the said Covington and Oxford Street Railway, on account of the great increase cost of labor and material, with no profit to its stockholders; and whereas the said Covington and Oxford Street Railway Company desires to be relieved of its charter: Preamble. Be it resolved: that the Secretary of State is hereby authorized to accept surrender of the charter of the Covington and Oxford Street Railway, on tender of the same, after all other outstanding obligations have been liquidated. Authority to accept surrender. Approved August 15, 1917. EAKES, W. J., DECEASED; MONEY APPROPRIATED. No. 19. A RESOLUTION. Whereas W. J. Eakes, of Rockdale County, was duly elected and served as Senator from the 27th Senatorial District for the 1915-1916 sessions; and whereas the said W. J. Eakes was chairman of the Penitentiary Committee,

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and, as a member of said committee, incurred an expense of seventy and 84/100 ($70.84) as expenses of travel, including his per diem, in inspecting the convict camps of the State during the month of March, 1916; and whereas the said W. J. Eakes died on the 24th day of April, 1917, without having collected the same; and whereas said account has been approved by auditing committee: Preamble Be it resolved by the House, the Senate concurring, that the sum of seventy and 84/100 ($70.84) dollars due said W. J. Eakes as per diem and expenses of travel as aforesaid be appropriated and paid to his widow, Mrs. Dora Bastain Eakes, and that the Governor be and he is hereby authorized to draw his warrant for said amount in favor of the said Mrs. Dora Bastain Eakes. Pay per diem and expense. Approved August 21, 1917. ECHOLS COUNTY, SUPPLYING LAW-BOOKS TO. No. 2. A RESOLUTION. Whereas the court-house of Echols County was destroyed on December 30, and all books, including Codes of Georgia, Supreme Court Reports, and Acts of the Legislature, were thus consumed by fire: Preamble. Be it therefore resolved by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to furnish to the clerk of the Superior Court of Echols County out of the stock now on hand complete sets of the preliminary volumes and Georgia Reports from number one (1) to ninety-nine (99), inclusive, and Acts of the General Assembly up to and including the year 1897. Books to be furnished. Approved August 14, 1917.

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GEORGIA REPORTS; TO BUY CERTAIN VOLUMES. No. 21. A RESOLUTION. Whereas some of the State's supply of Georgia Reports, volumes 35 to 65, inclusive, are exhausted, and other parts of said supplies are nearly exhausted; and whereas it is to the best interest of the State that a stock of all volumes of the Reports of the Georgia Supreme Court be always available; and whereas the State has previously purchased an edition of these volumes from the publisher, and that said edition is now exhausted or nearly exhausted; and whereas the copyrights of some of said volumes and annotations are privately owned and have not yet expired; and whereas, the publisher thereof can furnish said volumes to the State at a price cheaper than the State can obtain them elsewhere: Preamble. Therefore be it resolved by the General Assembly, that the State Librarian, with the approval of the Governor, be hereby authorized to contract with the publisher of the Reports of the Georgia Supreme Court, volumes 35 to 65, inclusive, for the purchase of as many copies of volumes between 35 and 65, inclusive, as may from time to time be needed, not to exceed two hundred and fifty (250) copies of each volume, to be paid from the sale of Reports of the Supreme Court and the Court of Appeals and other State publications. Provided, the cost shall not exceed the cost of publication of the same by the State, as now provided by law. Authority to contract for volumes 35-65. Approved August 21, 1917. HENDERSON, WILLIAM; RELIEF AS SURETY. No. 14. Whereas William Henderson did, on the 27th day of March, 1912, become bail for the appearance of one Jesse Taylor at the July term, 1912, of the Superior Court of Tift County, Georgia, in a case therein pending against Jesse Taylor, charging him with the offense of felony,

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which said bond was forfeited by the reason of the nonappearance of the said Jesse Taylor at the July term, 1912, of said court; and whereas an execution issued upon the forfeiture of said bond for the principal sum of one hundred and fifty ($150.00) dollars and cost; and whereas the said Jesse Taylor was afterward recaptured by the said William Henderson, who paid the expenses of said recapture and bringing him back from Florida, where he was recaptured, and whereas the said Jesse Taylor was tried and convicted and was by the court sentenced to serve a term in the Tift County chain-gang, which sentence was carried into effect: Preamble. Be it resolved by the House of Representatives, the Senate concurring, that in as much as the purpose for which said bond was fully accomplished, that the said William Henderson be relieved from all liability on said execution issued on said forfeiture; provided, however, that the said William Henderson, the surety on said bond, shall have first paid all costs in forfeiting said bond. Relief from forfeiture. Approved August 20, 1917. McCURRY, A. A., DECEASED; PER DIEM PAYMENT. No. 23. A RESOLUTION. Resolved by the Senate, the House concurring, That the Treasurer be and he is hereby authorized to pay to the widow of Senator Asben A. McCurry the per diem that would have been paid to her husband for the session of 1917. Pay per diem authorized. Approved August 21, 1917.

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NATIONAL TAX CONGRESS INVITED. No. 17. A RESOLUTION. Whereas the Legislature of the State of California recently adopted a resolution asking other States to unite in call for National Tax Congress to work out plan for comity between the Federal Government and the States in regard to taxation; and whereas the annual meeting of the National Tax Association is to be held at Atlanta, Ga., November 13, 1917: Preamble. Therefore, be it resolved, that the proposed National Tax Congress be and they are hereby requested and invited to meet with the National Tax Association in Atlanta, Ga., as the matters to be discussed are similar in nature, and could well be disposed of at a joint meeting. Joint meeting extended. Further, that the Governor of Georgia is requested, for and on behalf of the State, to extend this invitation to the National Tax Congress. Approved August 21, 1917. PENITENTIARY COMMITTEE VISITS. No. 8. A RESOLUTION Authorizing the penitentiary committees of the House and Senate to visit the convict camps of the State in vacation; to authorize said committees to visit the State prison farm in vacationsaid visits to be made by said committees as a whole or as subcommittees, and to pay the per diem and expenses of the committeemen, and for other purposes. Be it resolved by the House, the Senate concurring, that the House and Senate penitentiary committees be and they are hereby authorized to visit the convict camps of the various

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counties of this State in vacation, for the purpose of inspecting same. Vacation visits. Resolved further, that the penitentiary committees of the House and Senate be and they are hereby authorized to visit the State prison farm in vacation, for the purpose of inspecting same. Resolved further, that said penitentiary committees of the House and Senate be authorized to visit said farm and camps either as committees of the whole to the State farm and from the State farm by committees of not more than three to the various prison camps. In whole or subcommittees. Resolved further, that the members of said committees actually visiting said prison farm or convict camps be allowed the usual per diem of members of the General Assembly, together with traveling and hotel expenses, to be paid upon itemized statements approved by the chairman of said committees. Provided, the time consumed in the inspection shall not exceed ten days for the convict camps and two days for the State prison farm. Pay per diem and expenses. Approved August 18, 1917. RAILROAD STRIKE, FOR SETTLING. No. 10. A RESOLUTION. Whereas there is in the state of existence now on the Georgia, Florida and Alabama Railway a strike caused by differences between the railroad officials and employees, and whereas the condition of the country is such that at this time a strike would impede movements of troops, embarrass the government in the handling of army supplies, and have a general detrimental effect all over the State, and perhaps the country, and bring about a condition of confusion that may result in danger to all interests: Preamble. Therefore be it resolved, that the committees on State of Republic, of the House and Senate, be requested to tender

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their good offices to the contending parties, with the hope of ascertaining the causes leading up to such a strike, and aid, if possible, in bringing about a satisfactory settlement of the issues and restoring commerce in the southern section of the State to its normal condition. Tender of good offices. Approved August 18, 1917. REPORTS OF OFFICERS TO BE MAILED. No. 1. A resolution to require all State-House officials directed by law to file annual reports, to mail the same, on or before June first of each year, to each member of the General Assembly at his home address. Be it resolved by the House of Representatives, the Senate concurring, that each State-House official directed by law to file an annual report be and he is hereby required to mail to each member of the General Assembly at his home address, on or before June first of each year, a copy of such report for the preceding year. Reports to be mailed by June 1. Approved August 10, 1917. STONE MOUNTAIN CONFEDERATE MEMORIAL. No. 22. A RESOLUTION. Whereas Hon. Samuel H. Venable, Mrs. Robert Venable Roper, and Mrs. Coribel Venable Kellogg have made a patriotic donation to the Stone Mountain Confederate Monumental Association, a large portion of what is known as Stone Mountain, the largest plain of granite in the world, for the purpose of having carved thereon a colossal statute as a memorial to the Confederacy; which, when completed, will be the only monument in the world dedicated to a cause; and whereas the services of that noted sculptor, Gutyon Borglum, have been secured for the purpose of carving said

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memorial, which will be the art wonder of the world; and whereas the said work already undertaken will extend over a period of from eight to twelve years and at an approximate cost of two million ($2,000,000) dollars, of which amount only a very small portion has been secured; and whereas the remainder of said funds must be secured by private contributions; now, therefore, Preamble. Be it resolved by the General Assembly of Georgia, that the 20th day of May, the anniversary of the date upon which the said mountain was dedicated for the cause, be designated and set apart as a day upon which all Georgians are requested to contribute to this worthy cause; and in the event that the 20th day of May should fall on Sunday, then the following Monday shall be designated instead. May 20 as contribution day. Be it further resolved, that the Governor of the State of Georgia shall, within fifteen days prior to the 20th day of May in each year, beginning with the year 1918 and continuing from year to year until said monument is completed and paid for, issue a proclamation in pursuance of this resolution, calling the attention of the people of the State to this worthy cause, and designating said day for contributions to the Stone Mountain Memorial Fund. Governor's [Illegible Text]. Approved August 21, 1917. UNFINISHED BUSINESS OF THE ASSEMBLY. No. 20. A RESOLUTION. 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 1918, 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. Business carried over. Approved August 20, 1917.

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UNFINISHED BUSINESS; PERSONS AUTHORIZED TO REMAIN AFTER ADJOURNMENT. No. 12. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, that the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Presiding officers, secretary and clerk. Resolved, that the chairmen, respectively, of the enrollment and auditing committees of the House and Senate, together with the members of the Senate enrollment committee and ten members of the House enrollment committee, to be designated by the chairman thereof, and two members of the Senate auditing committee, to be designated by the chairman thereof; and the chairman of the House engrossing committee and six 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 adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Chairmen and members of committees. 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. Post-mistress. Resolved by the Senate, the House concurring, that two porters of the Senate be and they are hereby authorized to remain at the Capitol five days after the adjournment

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of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved August 21, 1917. UNFINISHED BUSINESS; STATEMENT BY MAIL. No. 24. A RESOLUTION. Resolved by the Senate, the House concurring, that Devereaux F. McClatchey, Secretary of the Senate, and E. B. Moore, 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 unfinished business of this session at the time of its adjournment. Statement to be mailed. Approved August 21, 1917. UNIVERSITY OF GEORGIA COMMITTEE VISITS. No. 13. A resolution authorizing the committees of the House and Senate on the University of Georgia and its branches to visit the University of Georgia and its branches in vacation; said visits to be made by said committees as a whole or in subcommittees, and to pay the per diem and expenses of the committeemen and for other purposes. Be it resolved by the House, the Senate concurring, that the committee of the House and Senate on the University of Georgia and its branches be and they are hereby authorized to visit the University of Georgia and its several branches in vacation for the purpose of inspecting and reporting on the same. Vacation visits. Second. Resolved further, that the committeemen of said committees be and they are hereby authorized to visit said institutions in vacation for the purpose of inspecting and reporting on the same.

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Resolved further, that said committees of the House and Senate be and they are hereby authorized to visit said institutions. The committee as a whole shall visit the University in Athens, and from that point a committee of not more than three shall visit the different branch colleges. Subcommittees. Resolved further, That the members of said committees actually visiting said institutions be allowed the usual per diem of members of the General Assembly, together with actual traveling and hotel expenses, same to be paid upon itemized statements approved by the chairman of said committee. Pay per diem and expenses. Approved August 20, 1917. VALDOSTA STREET RAILWAY COMPANY; SURRENDER OF CHARTER AMENDMENT. No. 4. A RESOLUTION. Whereas, the Valdosta Street Railway Company is a corporation incorporated by the Secretary of the State; and whereas on August 7th, 1902, an amendment was granted by the Secretary of State to its charter, whereby the privilege was granted to said Valdosta Street Railway Company of extending its roads from Pine Park to the Strickland Cotton Mills in Lowndes County of this State; whereas the operation of said line was exceedingly unprofitable, and endangered the solvency and threatened the bankruptcy of the said Valdosta Street Railway Company, and said Valdosta Street Railway Company by reason of these facts was compelled to abandon and discontinue the operation of the said road, from Pine Park to the Strickland Cotton Mills, on August 31st, 1915, and since said date said road has not been operated, and the franchise granted in said amendment has not been exercised by the said Valdosta Street Railway Company; and whereas, by corporate action, had on the 13th day of June, 1917, the said Valdosta Street Railway Company resolved to surrender the said

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amendment to the State of Georgia, and in pursuance of said corporate action, the said Valdosta Street Railway Company now and by the presents hereby surrenders the said amendment to said charter to the State of Georgia: Preamble. Therefore, be it resolved by the House, the Senate concurring, that the surrender of said amendment to said charter of the Valdosta Street Railway Company be and the same is hereby accepted. Surrender Accepted Approved August 14, 1917. YOUNG, J. H.; RELIEF AS SURETY. No. 16. A RESOLUTION. Whereas J. H. Young did, on the 15th day of December, 1914, become bail for the appearance of one Sam Bennett, at the February term, 1915, of the City Court of Tifton, Tift County, Georgia, in a case therein pending against said Sam Bennett, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the nonappearance of the said Sam Bennett at the said February term, 1915, of said court; and Preamble. Whereas an execution issued upon the forfeiture of said bond for the principal sum of $100.00 and $19.00 cost; and Whereas the said Sam Bennett was afterwards produced into court at the expense of the said J. H. Young, and plead guilty to the charges of said misdemeanor, and the court thereupon inflicted a penalty of 8 months in the chain-gang or a fine of $125.00; to include all cost, and the said Sam Bennett paid the fine imposed. Be it resolved by the House of Representatives, the Senate concurring, that inasmuch as the purpose for which said bond was given has been fully accomplished, that the said J. H. Young be relieved from all liability on said execution issued on said forfeiture. Relief from forfeiture. Approved August 20, 1917.

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ERRATA. The guide lines at top of pages 177-181 should read Lewd Houses, Etc., Declared Nuisances, instead of Land Registration Act.

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ACT AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AT ITS EXTRAORDINARY SESSION HELD ON MARCH 20-28. 1917 COMPILED AND PUBLISHED BY AUTHORITY OF LAW BYRD PRINTING COMPANY ATLANTA, GA. 1917

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY AT THE EXTRAORDINARY SESSION IN MARCH, 1917 PART I PUBLIC LAW TITLES PUBLIC LAW RESOLUTIONS

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ACT Intoxicating Liquors Prohibited. INTOXICATING LIQUORS PROHIBITED. No. 1. An Act to amend and supplement the prohibition laws of this State; to make it unlawful to transport, ship, or deliver in this State, whether from without or from within the State, any spirituous, vinous, malt, or fermented liquors, or other intoxicating liquors or beverages, except alcohol and wine under certain restrictions and limitations; to make it unlawful to have, receive, possess or control any such liquors, except alcohol for medicinal, mechanical and scientific purposes, and wine for sacramental purposes under conditions prescribed; to make it unlawful to distill, manufacture, or make any alcoholic,

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spirituous, vinous, or malted liquors or intoxicating beverages in this State; to provide for the punishment of violators of the provisions of this Act; to provide for the seizure, condemnation and sale of property used in violation of this Act, and for the disposition of the funds arising from such sale; to provide additional fees and costs in cases of conviction for violation of certain provisions of the prohibition laws of this State; to repeal the Acts approved November 18, 1915, and of August 19, 1916, and certain portions of the Act approved November 17, 1915, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any common carrier, corporation, firm or individual to transport, ship or carry, by any means whatsoever, with or without hire, or cause the same to be done, from any point without this State to any point within this State, or from place to place within this State, whether intended for personal use or otherwise, any spirituous, vinous, malted, fermented or intoxicating liquors, or any of the prohibited liquors or beverages, as are defined in the Act approved November 17, 1915, being an Act to make clearer and more certain the prohibition laws of this State, etc., or any alcoholic compound or malt or liquors whether intended for beverage purposes or not, but which can be diluted, and when so diluted may be used as a beverage and will produce intoxication. It shall be unlawful for any corporation, firm, person or individual to receive from any common carrier, corporation, firm, person or individual, or to have, control or possess, in this State, any of said enumerated liquors or beverages whether intended for personal use or otherwise, save as is hereinafter excepted. Unlawful to carry, receive, or possess specified liquors.

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Section 2. Be it further enacted by the authority aforesaid, That nothing herein contained shall prohibit the use of pure alcohol for medicinal purposes as is prescribed in Sections 426, 427, 428, 429 and 430 of the Criminal Code of 1910, said alcohol, however, to be shipped, received and possessed only as is provided in Section 3 of this Act. Pure alcohol for medicinal purposes excepted. Section 3. Be it further enacted by the authority aforesaid, That any common carrier may transport, ship or carry from any point without this State to any point within this State, pure alcohol to be received only by any practicing physician who is the sole proprietor of a drug store, licensed druggists, pharmacists, manufacturers, chartered colleges, chartered hospitals, or State institutions, and to be used only for medicinal, mechanical and scientific purposes not contravening in any way the prohibition laws of this State, under the following conditions: Any practicing physician who is the sole proprietor of a drug store, licensed druggist, pharmacist, manufacturer, chartered college, chartered hospital, or State institution, desiring to have shipped and to receive pure alcohol for said purpose within this State shall make sworn application to the Ordinary of the county of his residence for a permit to receive said alcohol, upon the certificate of two responsible citizens of said county as to his good moral character in the following form: Common carrier may transport pure alcohol. Who may receive pure alcohol. Conditions of allowing reception. Application for permit. GEORGIA.....County. .....(naming applicant) applies for right to receive.....gallons of pure alcohol, which is to be used for the following scientific, mechanical, or medicinal purposes only,.....(state purposes for which intended). The business or occupation of applicant is that of..... (state business or occupation). Form of application. ..... (Name of party making application.)

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Personally comes....., the above stated applicant, who being duly sworn says that the facts herein set forth are true. This the.....day of.....19.....Ordinary.....County, Georgia. Oath. We,..... citizens of..... County, State of Georgia, do hereby certify that..... the above named named applicant is personally known to us as a citizen of this county, and is of good moral character, and is engaged in the business or occupation named in the above stated application. This the.....day of.....19..... Certificate of citizens. ..... ..... The above application is approved and granted by me on this the.....day of.....19..... Approval of application. ..... Ordinary.....County, Georgia. This application shall be presented in duplicate, the Ordinary to retain one in his office. When said application is presented to the Ordinary aforesaid he shall issue and approve the same, and when so issued and approved will authorize said applicant to present the same to any common carrier, and will authorize said common carrier to deliver to said applicant and the said applicant to receive the quantity of pure alcohol therein specified. Said common carrier is hereby required to endorse on the back of said application the date of delivery and the quantity of alcohol so delivered on said application. Whereupon said application shall cease to be authority for the delivery or receiving of any further quantity of alcohol on said certificate, and no other or further certificate shall be issued to said applicant until he shall have made a sworn statement to the Ordinary showing in what manner and for what purposes said alcohol

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has been used, and the names of parties to whom sold. If any person under the provisions of this section shall make a false statement of the use made of said alcohol, he shall, on conviction thereof, be punished as prescribed in Section 16 of this Act, and on conviction for the second offense be forever denied the right to receive any further shipments of alcohol. Application to be in duplicate. Authority conferred. Carrier's duty. Cessation of authority, Sworn statement before further certificate. Penalty for false statement. Section 4. Be it further enacted by the authority aforesaid, That no Ordinary within this State shall issue any such application or certificate as is in this Act prescribed to any corporation, firm or individual, when he knows or has probable cause to suspect that the party aforesaid is not setting forth the truth in the same, and every Ordinary violating this provision shall upon conviction therefor be punished as prescribed in Section 16 of this Act. Ordinary's duty. Penalty. Section 5. Be it further enacted by the authority aforesaid, That said Ordinary shall enter said application in a book to be provided by the counties of this State for that specific purpose, and for which service he shall receive a fee of fifty cents (50c) to be paid by the applicant. Said record shall always be open to public inspection during office hours. Entry of application on record. Fee. Public inspection. Section 6. Be it further enacted by the authority aforesaid, That it shall be the duty of said applicant to return said application, after the same has been endorsed by said transportation company as is required by Section 3 of this Act, to the Ordinary issuing the same. Return of endorsed application. Section 7. Be it further enacted by the authority aforesaid, That any applicant knowingly making a false oath to said application shall be guilty of the offense of false swearing and upon conviction therefor shall be punished as is prescribed in Section 262 of the Criminal Code of 1910. Penalty for false oath.

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Section 8. Be it further enacted by the authority aforesaid, That any person knowingly and falsely signing the certificate of good character, as specified in Section 3 of this Act, shall upon conviction therefor be punished as is prescribed in Section 16 of this Act. Penalty for false certificate of character. Section 9. Be it further enacted by the authority aforesaid, That any applicant failing to return said application to the Ordinary issuing the same within five days from receipt of shipment made in accordance therewith, unless the same should be lost, destroyed or mislaid (to be shown by affidavit), as is provided in Section 6 of this Act, shall be denied all further applications, and upon conviction therefor shall be punished as is prescribed in Section 16 of this Act. Penalty for non-return of application. Section 10. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person receiving alcohol under the provisions of this Act to use or permit the use of any portion of said pure alcohol so received, for any purpose other than those specified in said application; and any corporation, firm or individual violating the provisions of this section shall upon conviction be punished as is prescribed in Section 16 of this Act, and shall forfeit his license to practise in his profession or to do a like business within this State. Penalty for permitting forbidden use of alcohol. Section 11. Be it further enacted by the authority aforesaid, That any common carrier delivering any such alcohol to any corporation, firm or individual upon a false or forged application, knowing the same to be such, or without such application having been made as herein provided and without the package being plainly marked showing its contents, shall, upon conviction therefor, be punished as is prescribed

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in Section 16 of this Act. Any agent, or official, or employee of said corporation, firm or individual who shall violate any of the provisions of this Act shall be subject to prosecution as a principal for said violation, and punished as is prescribed in Section 16 of this Act. Carrier and agents subject to penalty. Section 12. Be it further enacted by the authority aforesaid, That any person who shall forge, or use a forged application as herein prescribed, shall be guilty of a crime and upon conviction therefor shall be punished as is prescribed in Section 16 of this Act. Forged application; penalty. Section 13. Be it further enacted by the authority aforesaid, That any common carrier may, with or without hire, transport, ship or carry from any point without this State to any point within this State wine which is to be used for sacramental purposes or in the observance of the Lord's supper, only, when the package is plainly marked and branded showing the contents, the quantity and the purpose for which it is to be used, and under the following conditions: It shall be the duty of the ordained minister, priest in actual charge of a church or religious order, or head of the official board of any church or religious order who may desire a permit to have shipped, and to receive, such wine for sacramental purposes only, to apply to the Ordinary of the county in which the church or religious order is located for permission to receive said wine, which said application shall be in the following form: Carriage of wine for sacramental purposes. Duty of minister, priest, etc. Application. GEORGIA.....County. I,.....(giving name and official connection) apply for the right to receive..... (here state quantity) of wine which is to be used for sacramental

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purposes only in.....(here give name of church). Form. This the.....day of.....19..... .....Applicant. The above application is approved and granted by me this the.....day of.....19 Approval. .....Ordinary. This application shall be made in triplicate and the Ordinary shall retain in his office one of said applications; that one of said applications shall be forwarded with the order for such wines, and it shall be the duty of the party shipping said wine at the time of presenting the same for shipment to present said application to the common carrier, who shall transmit said application with the shipment of such wines. Upon said application being presented to the Ordinary aforesaid the same shall be issued and approved by him, for which he shall receive the sum of twenty-five cents (25c), to be paid by the applicant, and when so issued and approved, the same may be presented to any common carrier, and will authorize said common carrier to deliver, and said applicant to receive, the stated quantity of wine for the [Illegible Text] therein specified. Application to be in triplicate. Duty of shipper, and of carrier. Approval by Ordinary. Fee. Authority to deliver and receive wine. Said common carrier is hereby required to endorse on the back of said application the date of delivery and quantity of wine so delivered on said application, and no further deliveries shall be made on said application. It shall be the duty of the Ordinary to record said application as is required by Section 5 of this Act, and it shall be the duty of said applicant to return said application to said Ordinary as required by Section 6 of this Act. Upon failure of said applicant to return said application to the Ordinary, as so required in this Act, he shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act. Endorsement of application. Record. Duty to return. Penalty for non-return.

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Section 14. Be it further enacted by the authority aforesaid, That said wines when so received shall be retained in the custody and possession of the said applicant, save when the said wines are being administered in said sacramental service. Only one such application shall be made and allowed per each calendar month to each church or congregation, and the amount so obtained thereon shall not exceed that required for said sacramental purposes. Custody and use of wine. Section 15. Be it further enacted by the authority aforesaid, That no person shall be exempt from testifying as to any offense committed by another under the terms of this Act by reason of his testimony tending to criminate himself, but the testimony given by such person shall in no case be used against him. Testimony, no exemption from giving. Section 16. Be it further enacted by the authority aforesaid, That the punishment for any violation of any of the provisions of this Act, wherein a different punishment is not prescribed, shall be as for a misdemeanor as provided in Section 1065 of the Penal Code of 1910. Punishment as for a misdemeanor. Section 17. Be it further enacted by the authority aforesaid, That upon the trial of any carrier, public or private, his, her or its agent, charged with transporting, or delivering, or transporting and delivering liquors in violation of law, proof of the fact of the transportation or delivery, or both as the case may be, shall be sufficient to make a prima facie case of guilt. Prima facie case of guilt, on what proof. Section 18. Be it further enacted by the authority aforesaid, That the act approved November 18, 1915, and known as the non-shipping law, found on pages 90 et seq. of the Acts of 1915, extraordinary session, be and the same is expressly repealed, provided, that this shall not be construed

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to affect either directly or indirectly nor save from prosecution for offenses committed heretofore under that Act. The latter part of Section 2 of the Act approved November 17, 1915, extraordinary session, found on page 80, and reading as follows: But this inhibition does not include and nothing in this Act shall affect the social serving of such liquors and beverages in private residences in ordinary social intercourse, is expressly repealed. The Act approved August 19, 1916, found on pages 72 et seq. of said Acts of 1916, regulating the importation of alcohol is also expressly repealed. Repeal of Act of 1915 as to shipping. Prosecutions for offenses not affected. Repeal of clause as to social use, etc. Act of 1916 as to alcohol repealed. Section 19. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall affect or limit the shipping or receiving of denatured alcohol which cannot be used for beverage purposes, and which can be used only for scientific or mechanical purposes. Denatured alcohol not forbidden. Section 20. Be it further enacted by the authority aforesaid, That all apparatus or appliances which are used for the purpose of distilling or manufacturing any of the liquors or beverages specified in this Act are hereby declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever said apparatus or appliances so used or are about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this Act are found or discovered by any sheriff, deputy sheriff or other executing officer of this State, the same shall be summarily destroyed and rendered useless by him without any formal order of the court. All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State, and all boats and vessels of every kind and description which are used in any

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of the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer, who shall report the same to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he received said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee if known, and if the owner or lessee is unknown notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense is filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee, the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows: Contraband articles. Appliances for distilling or making liquors. No right of property. Summary destruction. Vehicles and conveyances, boats, etc., may be seized and sold under legal process. a. To the payment of the expenses in said cause, including the expenses incurred in the seizure. Proceeds, how applied. b. One-third of the remainder to the officer making the seizure and furnishing the proof. c. To the payment of the costs of the court, which shall be the same as now allowed by law in cases of forfeiture of recognizance. d. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this Act: Provided,

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that in any county of this State in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county. Section 21. Be it further enacted by the authority aforesaid, That whenever any person is arrested and convicted for the offense of using any of the apparatus or appliances referred to in the preceding section in the distilling or manufacturing of any of the liquors or beverages specified in this Act, there shall be taxed in addition to the costs already provided by law and as a part of the costs in such cases the sum of $25.00, which sum shall be paid over to the officer making said arrest and procuring the evidence resulting in conviction of said accused. Costs on conviction; addition of $25 to officer arresting, etc. Section 22. Be it further enacted by the authority aforesaid, That it shall be unlawful for any corporation, firm or individual in this State to knowingly permit or allow any one to have or possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified in this Act. When any such apparatus is found or discovered upon said premises the same shall be prima facie evidence that the person in actual possession had knowledge of the existence of the same, and on conviction therefor, shall be punished as prescribed in Section 16 of this Act, the burden of proof in all cases being upon the person in actual possession to show the want of knowledge of the existence of such apparatus on his premises. Unlawful to permit apparatus for distilling or making liquors on premises in possession. Prima facie [Illegible Text] of [Illegible Text]. Burden of [Illegible Text]. Section 23. Be it further enacted by the authority aforesaid, That any person, firm or corporation who shall, within this State, distill, manufacture or make any alcoholic, spirituous,

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vinous, malted or mixed liquors or beverages, any part of which is alcoholic, shall be guilty of a felony and upon conviction therefor be punished by confinement and labor in the penitentiary for not less than one year nor longer than five years. [Illegible Text] or [Illegible Text] [Illegible Text], a [Illegible Text]. Section 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Repeal of conflicting laws. Approved March 28, 1917.

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PART IIRESOLUTIONS RESOLUTIONS APPROPRIATION FOR PENSION PAYMENTS APPROPRIATION FOR EXPENSES OF EXTRA SESSION JACOB E. DART: PAYMENT OF PER DIEM ADDRESS OF HON. WILLIAM H. TAFT U. S. ARMOR PLATE: ENDORSEMENT OF PLACE FOR MAKING UNFINISHED BUSINESS OF ASSEMBLY

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APPROPRIATION FOR PENSION PAYMENTS. No. 1. A RESOLUTION. Whereas, it is represented to this General Assembly that the appropriation made in 1915 to pay the pension roll, with the increase added for 1917, is insufficient to complete said payment, and, Preamble. Whereas, the information is, that it will require, in addition to the appropriation heretofore made, the sum of eighty thousand dollars to complete the payment for 1917 as provided by law, therefore, Be it resolved, That the sum of eighty thousand dollars, or so much thereof as may be necessary, be and is hereby appropriated to complete the payment of the pension roll for 1917, to be paid out of any funds in the treasury, or may be paid into the treasury, until this appropriation has been paid. $80,000 to complete payment of 1917 roll. Approved March 28, 1917.

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APPROPRIATION FOR EXPENSES OF EXTRA SESSION. No. 3. A RESOLUTION. Providing for the payment of the incidental expenses of the House and Senate for the extraordinary session of 1917. Be it resolved by the House, the Senate concurring, That to pay the incidental expenses of the extraordinary session of the General Assembly of 1917, the sum of twenty-five dollars for the House of Representatives and the sum of twenty for the Senate, or so much thereof respectively as may be needed, be and the same is hereby appropriated, to be paid on itemized accounts accompanied by properly receipted vouchers for the same, and presented to the Governor by the Clerk of the House of Representatives and Secretary of Senate. $25 for the House, and $20 for the Senate, for incidentals. Resolved further, That the sum of fifty dollars is hereby appropriated to pay the Journal Clerk of the House of Representatives and the Journal Clerk of the Senate, each the sum of twenty-five dollars for indexing the Journals of the extra session of the General Assembly. $50 for indexing the Journals. Resolved further, That the sum of one hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to defray the expenses of the House and Senate committees appointed to escort the remains of deceased Representative J. E. Dart to his home. $100 for expenses of committees of escort. Approved March 28, 1917.

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JACOB E. DART: PAYMENT OF PER DIEM. No. 4. A RESOLUTION. Resolved, That the sums due to the Hon. Jacob E. Dart, lately deceased, as member of the House for mileage and per diem, including per diem allowance for each day of the extraordinary session for 1917, be paid the Ordinary of Glynn County to be by him applied to the funeral expenses of our deceased member. Per diem payment to funeral expenses. Approved March 28, 1917. ADDRESS OF HON. WILLIAM H. TAFT. No. 5. A RESOLUTION. Be it resolved by the Senate, the House concurring, That by this joint Resolution the appreciation of its members shall be expressed to Hon. Wm. H. Taft for the able and instructive address delivered on Friday, March 23rd, 1917, on the subject of the League to Enforce Peace. Approval expressed. Be it further resolved, That in expression of our approval and endorsement of the principles and purposes of the League to Enforce Peace, a copy of these resolutions shall be transmitted to Hon. Wm. H. Taft and to the officers of the League to Enforce Peace. Copy to be transmitted. Approved March 29, 1917.

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U. S. ARMOR PLATE: ENDORSEMENT OF PLACE FOR MAKING. No. 6. A RESOLUTION. Whereas, the United States Government is about to locate a plant for the manufacture of Armor Plate, and Preamble. Whereas, the City of Rome, Ga., is one among the locations now being considered. Therefore, be it resolved, That based on the sole consideration of merit, and confident in the belief that the State of Georgia possesses all the essentials for the economical assembling of materials, and fabrication of Armor Plate, in North Georgia, as recently presented to the Armor Plate Board of the United States Navy Department, we respectfully urge upon the President of the United States and the Secretary of the Navy, the desirability of locating this plant at the City of Rome, Georgia. Rome endorsed as desirable place. We commend and subscribe to the spirit of the City of Rome in setting forth its claims: that if upon investigation a better location can be found, that the City of Rome and the State of Georgia will patriotically abide by the decision. That a copy of this Resolution be transmitted to his excellency, the President of the United States, to the Honorable the Secretary of the Navy and to the Senators and members of Congress from the State of Georgia. Copies. Approved March 29, 1917.

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UNFINISHED BUSINESS OF ASSEMBLY. No. 2. A RESOLUTION. Resolved by the Senate, the House concurring, That the President of the Senate, the Speaker of the House, the Secretary of the Senate, and the Clerk of the House, be, and they are hereby authorized to remain at the Capitol two days after the adjournment of the General Assembly for the purpose of affixing their signatures to bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. President and Speaker authorized to remain after adjournment. Resolved further, That the chairmen respectively of the Enrollment and Auditing Committees of the Senate and House, together with the members of the Senate Enrollment Committee, and four members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the Senate Auditing Committee, and two members of the House Auditing Committee, to be designated by the chairmen thereof, and the chairman of the Senate Engrossing Committee, and two members of the Senate Engrossing Committee, to be designated by the chairman thereof, and the chairman of the House Engrossing Committee, and two members of the House Engrossing Committee, to be designated by the chairman thereof, be, and they are hereby authorized to remain at the Capitol two days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Committees of auditing, enrolling, and engrossing.

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Resolved further, That the Postmistress of the House be, and she is hereby authorized to remain at the Capitol two 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. Post mistress. Resolved further, That two porters of the Senate, and three porters of the House be, and they are hereby authorized to remain at the Capitol two days after the adjournment of the General Assembly and that they be allowed their per diem for said time. Porters. Approved March 28, 1917.

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INDEX A ALCOHOL Conditions of possession, carriage, etc. 9 Denatured, may be shipped and received 16 APPROPRIATIONS Committees of escort 24 Incidental expenses of extra session 24 Indexing Journals of Legislature 24 Pensions: addition to 1915 appropriation 23 ARMOR PLATE OF U. S. GOVERNMENT Endorsing Rome as place for making 26 C CARRIERS Liquors, prohibition and restrictions as to 8 Penalty 12 COMMITTEES OF ASSEMBLY Authorized to remain after adjournment 27 CONDEMNATION Boats and vehicles conveying liquors, seizure and sale of 16 CONTRABAND ARTICLES Liquor distilling or manufacturing appliances 16 COSTS Arrests and prosecutions for violations of liquor law 17 , 18 CRIMES False application or certificate 11 False oath 11 Forgery of application 13 Permit on untrue application 11 Return of application, omitting 12 , 15 Violating prohibition law 15 , 19

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D DART, JACOB E. Per diem payment to funeral expenses 25 DRUGGISTS Alcohol; restrictions of possession, etc. 9 E EVIDENCE Burden of proof on prima facie guilt 15 , 19 G GENERAL ASSEMBLY Members remaining at Capitol after adjournment 27 Unfinished business, for disposal of 27 I INTOXICATING LIQUORS Prohibition of carriage and possession 7 Punishment for violations 11-15 , 19 M MALT LIQUORS Carriage and possession prohibited 8 O ORDINARY Alcohol and wine: issuance of permits 10-13 Penalty 11 P PENALTIES Liquor law, for violations of 11-19 PENSIONS Appropriation supplementing fund for 23

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PERMITS Alcohol and wine, to receive 9-13 PHYSICIANS Alcohol, who may receive 9 PORTERS OF GENERAL ASSEMBLY To remain at Capitol after adjournment 28 POSTMISTRESS OF GENERAL ASSEMBLY To remain at Capitol after adjournment 28 PROPERTY RIGHTS Destroyed in certain prohibited appliances 16 R ROME Armor plate for U.S., endorsed as place to make 26 S SEIZURE AND SALE Boats and vehicles carrying liquors 16 T TAFT, WILLIAM H. Address on League to Enforce Peace 25 U UNFINISHED BUSINESS Resolution relating to disposal 27 W WINE Restrictions of receiving and possessing 13

Page 1005

TREASURER'S REPORT

Page 1006

Report of W. J. Speer, Treasurer, Showing Receipts and Disbursements at the State Treasury for Year Ending December 31, 1916. RECEIPTS Dr. 1916 Dr. 1915 TO BALANCE IN THE TREASURY, Jan. 1, 1916 $ 842,799.09 $ 787,455.88 To Abstract Companies' Tax 54.00 63.00 To Adding Machine Companies 540.00 810.00 To Agencies 1,080.00 1,170.00 To Artists 1,287.27 1,314.14 To Auctioneers 832.95 607.76 To Automobile Agents 23,476.13 13,525.15 To Back Taxes 3,093.76 5,297.53 To Ball and Other Parks 67.50 90.00 To Bicycles 819.09 1,040.45 To Billiards and Pool 31,316.61 34,717.16 To Bottlers 4,860.23 5,175.00 To Building and Loan Fees 10.00 10.00 To Cash Registers 180.00 180.00 To Cigarette Dealers 40,622.50 40,044.17 To Clerks' Cost Court of Appeals 285.05 1,228.75 To Clerks' Cost Supreme Court 1,858.33 948.75 To Cold Storage Tax 4,329.00 4,500.00 To Corporation Tax (ad valorem) 79,364.73 84,913.25 To Cost on Fi Fas 7.00 14.00 To Detective Agents 72.00 81.00 To Directory Tax ..... 45.00 To Dividends on Stock 2,782.00 2,782.00 To Electric Shows 10,328.51 10,992.56 To Express Companies' Tax 5,329.41 5,098.76 To Fees from Fertilizers 81,925.00 89,415.71 To Fees from Pure Food 45,363.08 24,932.47 To Fortune Tellers' Tax ..... 22.50 To Games 810.00 805.64 To Game Protection Fund 2,000.00 17,656.30 To General Tax 4,161,871.91 3,444,747.53 To Insolvent General Tax 5,844.08 3,205.22 To Insolvent Poll Tax 1,958.79 56.00 To Insolvent Dog Tax 51.25 1.00 To Insurance Agents 17,746.25 15,494.70 To Insurance Fees 43,894.00 42,880.00 To Insurance Tax by Companies 198,921.40 188,485.64 To Interest from Depositories 11,767.33 10,962.83 To Investment Companies 59.00 50.00 To Lease Indian Springs 110.00 110.00 To License Fees, Near Beer 49,308.36 207,099.80 To Lightning Rods 135.00 45.00 To Loan Agents 513.00 540.00 To Locker Tax 5,850.30 18,607.50 To Manufacturers of Soft Drinks 3,758.70 3,148.29 To Money Refunded 1,830.30 2,283.59 To Mowing Machine Agents ..... 140.00 To Northeastern Railroad ..... ..... To Occupation Tax (Capital) 114,103.13 106,766.78 To Office Fees 2,842.70 3,366.00 To Oil Fees 167,007.20 127,994.28 To Palmists 224.50 483.75 To Pawnbrokers 9,820.44 11,515.00 To Peddlers 6,441.75 4,665.80 To Penalty Imposed ..... 1,291.66 To Pensions Refunded 20,012.98 19,379.47 To Pistols 7,312.95 7,605.42 To Poll Tax 320,690.28 297,732.51 To Railroad Tax 538,091.16 540,621.52 To Railroad News Companies 360.00 360.00 To Real Estate Agents 2,295.27 2,776.82 To Rental Public Property ..... ..... To Rental W. A. Railroad 420,012.00 420,012.00 To Rinks 112.50 261.00 To Sale of Acts 1,184.30 768.05 To Sale of Codes 587.45 622.55 To Sale of Bonds ..... 3,524,710.66 To Sale of Records 117.45 88.00 To Sale of Court of Appeals Reports 5,156.07 4,241.59 To Sale of Supreme Court Reports 13,116.84 8,897.84 To Sale of Public Propety 53.50 ..... To Sale of School Lands 40.00 .....

Page 1007

To Sewing Machine Agents 2,459.00 2,270.00 To Sewing Machine Companies 2,100.00 1,800.00 To Show Tax 8,644.50 6,159.70 To Sleeping Car Companies 5,074.18 4,435.92 To Slot Machines 1,028.25 1,073.25 To Soda Fount Tax 5,930.77 6,444.76 To Specialists 148.50 81.00 To Street Railroad Tax 91,321.79 87,598.27 To Telegraph Tax 7,746.86 9,373.42 To Telephone Companies' Tax 39,918.65 35,857.12 To Temporary Loan 300,000.00 434,000.00 To Tobacco Tags Tax ..... 180.00 To Typewriter Agents 504.00 607.76 To Weighing Scales 207.00 180.00 To Wild Lands Sale ..... 13.10 To Barbers' Fees Tax 469.65 1,606.66 To Inheritance Tax 81,745.23 54,407.23 To State Road Fund 93,177.47 124,000.00 To Sale Automobile Tags 37,000.00 ..... To Equipment Companies' Tax 1,414.01 1,366.53 To Sale of Crops 2,342.79 17,039.73 To Liquor Package Fees 11,632.93 ..... To Board of Health ..... 75.00 To Contingent Fund ..... 66.00 Aggregate, including Balance $ 8,011,551.96 $10,945,590.18

Page 1008

DISBURSEMENTS Cr. 1916 Cr. 1915 By Academy for Blind $ 29,500.00 $ 30,000.00 By Agricultural Schools 111,000.00 110,000.00 By Blinding Codes 533.25 480.45 By Binding Journals 1,100.00 550.00 By Board of Health 40,500.00 30,500.00 By Civil Establishment 246,021.48 243,249.99 By Clerks' Cost Court of Appeals 590.00 ..... By College for Colored 7,670.00 7,670.00 By Compiler of Records 4,008.05 3,651.16 By Contingent Fund 22,469.06 27,369.40 By Contingent Fund Railroad Commission 2,000.00 3,000.00 By Contingent Fund Court of Appeals 966.74 1,904.26 By Contingent Fund Supreme Court 888.14 1,204.52 By Department of Agriculture 74,436.13 87,359.04 By Georgia Experiment Station 3,300.00 799.90 By Geological Fund 10,957.32 10,050.00 By Georgia Normal and Industrial College 64,067.50 55,312.50 By Georgia Normal and Industrial College, Special ..... ..... By Horticultural Fund 53,000.00 38,000.00 By Incidental Expense General Assembly 61.43 96.42 By Indexing House and Senate Journals 150.00 200.00 By Indian Springs Public Comfort House 105.00 105.00 By Inspection of Oils 1,822.50 1,865.15 By Insurance Public Buildings, Etc 3,086.06 1,592.00 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 68,304.72 104,938.92 By Library Fund 3,679.24 3,220.55 By Library Fund, Court of Appeals 1,024.33 1,757.70 By Military Fund 30,000.00 30,376.15 By North Georgia College (Dahlonega) 25,185.00 20,615.00 By Overpayment Taxes Refunded 2,163.42 4,381.15 By Pension Fund 1,035,392.50 1,082,092.16 By Pension Fund, Special Appropriation ..... ..... By Prison Fund 124,318.79 101,178.36 By Printing Fund 35,000.00 35,203.22 By Printing Fund Geological Department 695.00 1,805.00 By Printing Fund Railroad Commission 1,916.46 1,778.10 By Public Buildings and Grounds 51,948.08 27,399.94 By Publ'ng Ga. Records (Colonial Confederate) 869.00 1,652.80 By Publishing Georgia Reports 9,077.54 14,351.90 By Public Debt Interest 250,370.00 275,375.00 By Rate Expert Fund 4,171.59 4,223.89 By Reprinting Georgia Reports, Old ..... ..... By Reward Fund 1,100.00 2,800.00 By Roster Fund 3,550.62 4,044.81 By School for the Deaf 51,033.83 44,143.00 By School Fund 2,458,871.24 2,304,084.47 By School of Technology 95,010.00 83,670.00 By School of Technology, Special Appropriation ..... ..... By Soldiers' Home 36,000.00 36,000.00 By Soliticors-Generals' Fees 6,285.00 7,480.00 By Special Appropriations, Miscellaneous 6,132.18 1,598.33 By Special Appropriations, 3rd District Agri. School ..... 16,000.00 By Special Appropriations ..... ..... By Special Appropriations ..... ..... By State Normal School 59,185.00 65,525.00 By State Sanitarium 588,067.48 621,789.15 By State University, Support Fund 65,187.50 58,315.00 By State University for Agricultural College 142,529.00 98,850.00 By State University for Farmers' Institute ..... ..... By State University for Summer School 7,500.00 5,000.00 By Stationery General Assembly 315.54 700.00 By Tuberculosis Sanitarium 27,500.00 25,500.00 By Temporary Loan Refunded 305,998.61 435,500.00 By Agricultural, Industrial and Normal College 23,960.00 23,960.00 By Department Commerce and Labor 7,800.00 6,700.00 By Game Protection Fund 2,000.00 8,726.81 By Inspection of Fertilizers 37,715.34 39,630.50

Page 1009

By Insurance Salaries 8,100.00 8,100.00 By Library Fund Reference Bureau 1,126.46 377.20 By State Medical College 28,750.00 28,750.00 By Training School for Girls 16,600.00 19,698.05 By W. A. R. R. Commission 18,489.13 ..... By Public Debt Refunding Bonds 91,000.00 3,575,000.00 By Public Debt Sinking Fund 105,000.00 97,000.00 By Clerk to Tax Commissioner 812.50 625.00 By State Road Fund 98,248.72 110,000.00 By Barbers' Fees Fund 476.31 1,600.00 By Cancellation Certificate No. 1176 $1,900.00 Certificate No. 2246 500.00 Certificate No. 3098 9.62 2,409.62 Total Disbursements during Year 1916 $ 6,625,416.54 $10,102,791.09 To Balance in the State Treasury, Dec. 31, 1916. 1,386,135.42 842,799.09 Aggregate $ 8,011,551.96 $10,945,590.18

Page 1011

Supreme Court of Georgia HON. WILLIAM H. FISH, Chief Justice. HON. MARCUS W. BECK, Presiding Justice. HON. SAMUEL C. ATKINSON, Associate Justice. HON. H. WARNER HILL, Associate Justice. HON. S. PRICE GILBERT, Associate Justice. HON. WALTER F. GEORGE, 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. PEYTON L. WADE, Chief Judge. HON. NASH R. BROYLES, Presiding Judge. HON. W. F. JENKINS, Judge. HON. ROSCOE LUKE, Judge. HON. O. H. B. BLOODWORTH, Judge. HON. FRANK HARWELL, Judge. GEORGE W. STEVENS, Reporter. JOHN M. GRAHAM, Assistant Reporter. LOGAN BLECKLEY, Clerk. W. E. TALLEY, Deputy Clerk. P. W. DERRICK, Sheriff.

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Superior Court Calendar for 1917-1918 ALBANY CIRCUIT. Hon. W. M. HARRELL, Judge, Bainbridge. R. C. BELL, Solicitor-General, Cairo. 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. ATLANTA CIRCUIT. Hons. JOHN T. PENDLETON, WILLIAM D. ELLIS, GEORGE L. BELL, BENJAMIN H. HILL, Judges, Atlanta. JOHN A. BOYKIN, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. Hon. WALTER W. SHEPPARD, Judge, Savannah. W. F. SLATER, Solicitor-General, Eldora. 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, Judge, Augusta. A. L. FRANKLIN, Solicitor-General, Augusta. 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.

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BLUE RIDGE CIRCUIT. Hon. N. A. MORRIS, Judge, Merietta. HERBERT CLAY, Solicitor-General, Marietta. 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, Judge, Baxley. ALVIN V. SELLERS, Solicitor-General, Baxley. ApplingSecond and third Mondays in March and October. CamdenFirst Mondays in April and November. GlynnThird Mondays in May and December. Jeff DavisThird and fourth Mondays in February and September. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. Hon. G. H. HOWARD, Judge, Columbus. C. F. McLAUGHLIN, Solicitor-General, Columbus. ChattahoocheeThird 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. TalbotFirst and second Mondays in March and September. TaylorLast Mondays in March and September. CHEROKEE CIRCUIT. Hon. M. C. TARVER, Judge, Dalton. JOSEPH M. LANG, Solicitor-General, Calhoun. 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 first Monday in October.

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CORDELE CIRCUIT. Hon. D. A. R. CRUM, Judge, Cordele. J. B. WALL, Solicitor-General, Fitzgerald. 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. WilcoxThird Mondays in March, June, September, and December. COWETA CIRCUIT. Hon. J. R. TERRELL, Judge, Greenville. C. E. ROOP, Solicitor-General, LaGrange. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupLast Mondays in January and July, and first and second Mondays in February and August. DUBLIN CIRCUIT. Hon. J. L. KENT, Judge, Wrightsville. E. L. STEPHENS, Solicitor-General, Wrightsville. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July, and October. TwiggsFourth Mondays in February and August. EASTERN CIRCUIT. Hon. PETER W. MELDRIM, Judge, Savannah. WALTER C. HARTRIDGE, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, and December, and last Monday in October. FLINT CIRCUIT. Hon. WILLIAM E. H. SEARCY JR., Judge, Griffin. E. M. OWEN, Solicitor-General, Zebulon. ButtsThird Mondays in February and August. FayetteThird Mondays in March and September. HenryThird Mondays in April and October. MonroeFirst Monday in February, third Mondays in May and November, 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.

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MACON CIRCUIT. Hon. H. A. MATHEWS, Judge, Fort Valley. JOHN P. ROSS, Solicitor-General, Macon. BibbFirst Mondays in February and November, and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. MIDDLE CIRCUIT. Hon. R. N. HARDEMAN, Judge, Louisville. WALTER F. GREY, Solicitor-General, Swainsboro. BullochFourth Mondays in April and October. CandlerFirst 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, Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. 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. WALTER L. HODGES, Judge, Hartwell. A. S. SKELTON, Solicitor-General, Hartwell. ElbertSecond Mondays in March and September. FranklinFourth Mondays in March and September. HartFourth Mondays in February and August. MadisonSecond Monday in January, first Mondays in March and September, and fourth Monday in July. OglethorpeThird Mondays in March and September.

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OCMULGEE CIRCUIT. Hon. JAMES B. PARK, Judge, Greensboro. DOYLE CAMPBELL, Solicitor-General, Monticello. 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, Judge, McRae. W. A. WOOTEN, Solicitor-General, Eastman. BleckleySecond and third Mondays in January and July. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February and August, and first and second Mondays in May and November. PulaskiSecond Mondays in March, June, September, and December. TelfairThird Mondays in April and October. WheelerFourth Mondays in March and September. PATAULA CIRCUIT. Hon. WILLIAM C. WORRILL, Judge, Cuthbert. B. T. CASTELLOW, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanSecond Mondays in March and September. RandolphFirst Mondays in May and November. TerrellThird Mondays in May and November. ROME CIRCUIT. Hon. MOSES WRIGHT, Judge, Rome. CLAUDE H. PORTER, Solicitor-General, Rome. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August.

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SOUTHERN CIRCUIT. Hon. WILLIAM E. THOMAS, Judge, Valdosta. FONDREN MITCHELL, Solicitor-General, Thomasville. BerrienThird Mondays in March and September. BrooksFirst Mondays in May and November. ColquittThird Mondays in January and July, and first Mondays in April and October. EcholsTuesdays after second Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in April and October. SOUTHWESTERN CIRCUIT. Hon. Z. A. LITTLEJOHN, Judge, Americus. JOHN A. FORT, Solicitor-General, Americus. 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, Judge, Atlanta. GEORGE M. NAPIER, Solicitor-General, Decatur. 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, Judge, Dallas. J. R. HUTCHESON, Solicitor-General, Douglasville. DouglasThird Mondays in March and September. HaralsonThird Mondays in January, April, July, and October. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.

Page 1018

TIFTON CIRCUIT. Hon. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in April and October. TiftFirst Mondays in July and December. TurnerFirst Mondays in March, June, September, and December. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. Hon. B. F. WALKER, Judge, Gibson. R. C. NORMAN, Solicitor-General, Washington. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in January, April, July, and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. Hon. J. I. SUMMERALL, Judge, Blackshear. M. D. DICKERSON, Solicitor-General, Douglas. BaconThird Mondays in April and November. CharltonFirst Mondays in March and October. ClinchFourth Mondays in March and October. CoffeeFirst and second Mondays in February and September, and third and fourth Mondays in May and November. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December. WESTERN CIRCUIT. Hon. ANDREW J. COBB, Judge, Athens. W. O. DEAN, Solicitor-General, Monroe. BanksThird Mondays in March and September. BarrowFourth Mondays in March, June, September, and December. ClarkeThird Mondays in January and July, and second 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 1019

INDEX A ABBEVILLE, TOWN OF Municipal officers; election and pay 444 School board to be elected 445 ACADEMY FOR THE BLIND Committee to visit and report on 985 ADEL, TOWN OF Bond commissioners; duties and powers 447 ADRIAN, TOWN OF Amending act of incorporation 449 ADVERTISEMENT See Publication. AGRICULTURAL AND MECHANICAL SCHOOLS Fifth district; appropriation 31 Third district; appropriation 32 Training-school for colored teachers 195 Twelfth district; establishment 191 AGRICULTURAL PRODUCTS Bureau of markets created for 77 ALBANY City-court stenographer 211 New charter for city of 454 AMENDMENTS See Code Amendments; Constitutional Amendments. AMERICUS City-court solicitor's salary 213 APPROPRIATIONS Eakes, W. J., deceased 992 Fifth District Agricultural, Etc., School 31 General Expenses of the Government 7 Market bureau 77 , 81 South Georgia Normal College 31

Page 1020

School of Technology 33 Third District Agricultural, Etc., School 32 Western and Atlantic Railroad Commission 34 ARABI New charter for town of 496 ARLINGTON Ice and cold-storage system for 519 Sidewalk paving with hexagon tiles 522 ASKEW, W. S. Refund of overpayments made by 986 ASSIGNMENT AND TRANSFER Pension payments; collection by transferee 189 ATHENS City-court jurisdiction of Sunday violations 218 ATKINSON COUNTY Creation of, proposed 41 ATLANTA Clerk of council, election of 527 Emergency tax for 1917 523 Extensions of police and waterworks 525 Taxation, lists of persons for 527 Tax-office clerk 527 ATTESTATION Conditional-sale and lease contracts for railroad equipment 55 B BACON COUNTY Road tax; collection, expenditure, etc. 305 Superior court terms changed 65 BAKER COUNTY Board of commissioners created 306 Board of commissioners; repeal of act of 1915 306 BANKS Deposit for charter refunded 987 National bank may be trustee, executor, etc. 84

Page 1021

Regulation, committee to draft bill as to 987 Trust companies, powers of, conferable 81 BANKS COUNTY Bridge work by convict labor 310 Commutation road tax 312 BENEFIT SOCIETIES See Fraternal Benefit Societies. BLACKSHEAR Elections; and sewer connections 530 Public-school system by local taxation 533 Tax levies and rates 540 BLAKELY City-court procedure, solicitor, etc. 220 BLECKLEY COUNTY Superior court terms extended 66 BOARD OF PUBLIC EDUCATION Savannah and Chatham County; powers confirmed 975 BONDS See local acts relating to Counties and Municipalities. Emigrant and employment agents 90 Guaranty of, by trust companies 56 Lien of, as to tax-collectors 198 Resolutions relieving sureties on 994 , 1003 Supersedeas, time of filing 63 Tax-collectors and receivers; law amended 198 BOUNDARY Georgia and South Carolina, for establishing 988 BRASELTON Public-school system, establishment of 542 BRIDGES See Local Acts relating to Counties. BROOKS COUNTY Clerk of commissioners, pay of 312 BRUNSWICK Closing of streets; and territorial limits 551 Harbor defense urged 989 Navy-yard site, memorial for utilizing 990

Page 1022

BRUNSWICK JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 279 BRYAN COUNTY Supervisor of roads; office abolished 313 BUFORD Salaries of mayor and councilmen reduced 553 BULLOCH COUNTY Commissioners; compensation for services 314 BULLS AND BOARS See Criminal Law. BUREAU OF EMPLOYMENT Free, in department of commerce and labor 89 BUREAU OF MARKETS Agricultural products, for 77 BUTTS COUNTY Board of commissioners created 314 Commissioner's office abolished 322 C CALHOUN COUNTY Commissioners, election of 323 CANDLER COUNTY Commissioners; repeal of sec. 17 of act of 1915 325 CARNESVILLE Territorial limits reduced 554 CARRIERS Publication of rates and schedules 53 CARROLL COUNTY Commissioner's clerk pay 325 CARROLLTON Ad valorem tax rate 554 CARTERSVILLE New charter for city of 555 CATOOSA COUNTY Commissioners' clerk's pay 326

Page 1023

CATTLE Tick-infested; unlawful movement penalized 206 CHARLTON COUNTY Fishing regulations; license and penalty 327 CHARTERS See Local Acts under Title Corporations. Refund of deposit for bank charter 987 Surrender by Clarkesville Railway Company 991 Surrender by Covington Oxford St. R. Co. 992 Surrender by Valdosta Street Railway Co. 1002 CHATHAM COUNTY Board of education; powers confirmed 975 CHATTAHOOCHEE COUNTY Superior court terms changed 72 CHATTAHOOCHEE JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 283 CHATTOOGA COUNTY Treasurer's salary fixed 328 CIRCUITS See Judicial Circuits. CITY COURTS Local laws relating to 211 et seq. CLARKE COUNTY City-court act amended 219 Superior court; four terms a year 66 CLARKESVILLE New charter for city of 581 CLARKESVILLE RAILWAY COMPANY Surrender of charter accepted 991 CLERKS OF COURTS See Local Acts relating to City Courts, and to Solicitors-general. Deputy clerk of Court of Appeals 99 Land registration law, duties under 109 CLEVELAND City court of, established 221 CODE Park's Annotated, to be supplied 85

Page 1024

CODE AMENDMENTS Conditional-sale or lease contracts for railroad equipment; attestation (C. C. 2972) 55 Constitutional amendments (C. C. 6533, 6553, 6595) 36-44 Geologist and assistant; salary increase (C. C. 1973) 52 Railroad rates and schedules; publication (C. C. 2632) 53 Sunday freight-trains (suspending P. C. 414, 415, 416) 204 Supersedeas bonds, time of filing (C. C. 6165). 63 Tax-receivers' commissions on local school tax in certain counties (C. C. 1534) 52 Tax-receivers; lien of bonds (C. C. 1190) 198 Tax returns on mines and plantations on county lines (repeal of C. C. 1065) 51 Trust companies; guaranty of bonds and titles (C. C. 2817) 56 Trust companies; number of trustees (C. C. 2818) 62 COFFEE COUNTY Board of commissioners abolished 329 Board of commissioners created 330 Executive committees of political parties 338 Superior court; four terms a year 68 COLLECTORS OF TAXES See Tax-Collectors. COLLEGES See Schools. COLORED TEACHERS See Normal Schools. COLQUITT Mayor's succession and salary 649 COLUMBUS Rest-room in street of 977 COMMERCE AND LABOR DEPARTMENT Duties and powers enlarged 88 Division of labor and employment bureau 89 Emigrant agents, jurisdiction of 90 Employment agencies, jurisdiction of 90

Page 1025

COMMISSIONERS OF COUNTIES See Local Acts. COMMISSIONS OF TAX-RECEIVERS, ETC 52 , 100 COMMITTEES OF THE LEGISLATURE Appropriations; investigation and report 30 Banks, draft of bill regulating 987 Visits by, in vacation 985 , 996 , 1001 CONDEMNATION See National Forest Reserve. CONDITIONAL SALES Attestation of railroad contracts 55 CONFEDERATE MEMORIAL Stone Mountain; contribution day fixed 998 CONSTABULARY Authorizing creation of, for the State 91 CONSTITUTIONAL AMENDMENTS Counties new, for creating 41 , 44 Salaries of Judges and Justices, to increase 36 Tax, to exempt school endowments from 39 CONTEMPTS Injunction, punishment for violating 179 CONTRACTS Railroad-equipment contracts of conditional sale or lease, how attested 55 CORDELE JUDICIAL CIRCUIT Irwin County removed from 69 CORPORATIONS See Private and School Corporations; Railroads; Trust Companies. Municipalities, local laws relating to 443 et seq. Private corporations 975 et seq. School corporations 975 , 979 Surrender of charters, acceptance of 991 , 992 , 1002 COSTS Supersedeas, cost payment to obtain 63 COTTON Elbert County seed-cotton sale, when penal 351 Lowndes County penal regulations 370

Page 1026

COUNCIL OF DEFENSE Creation, membership, organization, etc. 93 COUNTIES Atkinson, proposed creation of 41 Deposits of funds in State depositories 199 Health commissioner in certain counties 106 Local laws relating to 304 Tax-receivers commissions on school tax 52 Tax returns on lands on lines of 51 Treasurers. See Treasurers of Counties Treutlen, proposed creation of 44 COUNTY UNITS Nominations at primary elections by 183 COURT OF APPEALS Deputy clerk; appointment, duties, and salary 99 Salaries of Judges, proposed increase of 36 COURTS See City and Municipal Courts; Court of Appeals; Superior Courts; Supreme Court. COVINGTON Recorder's election and salary 652 COVINGTON OXFORD STREET RAILWAY CO. Surrender of charter authorized 992 COWETA COUNTY Road district, addition to 341 Treasurer's office; vacancy, how filled 342 CRIMINAL LAW See Acts under Municipal Corporations. Bulls and boars in Toombs County 409 Cattle tick-infested, unlawful movement of 206 Emigrant and employment agents, violations by 90 Fishing in Charlton County; license and penalty 327 Flag of U. S., unlawful misuse of 203 Lewd-house nuisances, punishment for keeping 177 , 180 Seed-cotton regulations for Elbert County 351 Seed-cotton regulations for Lowndes County 370 Sunday freight-trains; suspending law 204 CUTHBERT School-tax rate 653

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D DADE COUNTY Depository law of 1916 amended 342 DAWSON City-court solicitor's salary 235 DEFENSE, PUBLIC See Council of Defense. DEMOREST New charter for city of 656 DEPOSITIONS See Interrogatories and Depositions. DEPOSITS See Treasurers of Counties. DEPUTY CLERK OF COURT OF APPEALS Appointment, duties, and salary 99 DODGE COUNTY Treasurer's salary and bond 343 DOOLY COUNTY Superior court terms, times of holding 69 DOUGLAS City court of, abolished 236 Councilmen, election of; and ward lines 665 DOUGLAS COUNTY Commissioners, amending law as to 344 DRAINAGE OF LANDS Amending law; no commission; bonds and interest 100 DUBLIN City-court officers' terms of office 239 E EAKES, W. J., DECEASED Appropriation of pay per diem and expenses 992 EARLY COUNTY Commissioners, election of 349 EAST POINT School-tax election 666 School-tax rate 668 , 670 Street-paving assessments, payment of 668

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ECHOLS COUNTY Georgia Laws and Reports to be supplied 993 EDUCATION See topics referred to under schools. EFFINGHAM ACADEMY Land title confirmed in trustees of 979 ELBERT COUNTY Seed-cotton sale regulation and penalty 351 ELBERTON School-tax rate 670 ELECTIONS See Primary Elections. EMIGRANT AND EMPLOYMENT AGENTS License and bond required 90 ENDOWMENTS See Schools. ESCHEATS Property not to be escheated in what cases 101 EVIDENCE See Interrogatories and Depositions. EXECUTION, STAY OF See Supersedeas. EXEMPTIONS See Taxes. F FEDERAL GOVERNMENT AND LAWS See National Forest Reserve; Vocational Education. FIFTH DISTRICT AGRICULTURAL SCHOOL Appropriation for girls' dormitory 31 FISHING Charlton County regulations; license and penalty 327 FLAG OF UNITED STATES Penalty for unlawful misuse of 203 FLOYD COUNTY Commissioners, election of; repeal of law 351 FOREST RESERVE See National Forest Reserve. FORSYTH Wards, election of aldermen from 671

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FORT GAINES Councilmen's terms of office 674 FRANKLIN COUNTY City court of, abolished 243 City court of, established 244 Commissioners, road districts, etc. 355 , 359 FRATERNAL BENEFIT SOCIETIES Benefit certificates to persons under 16 years 102 Payment of death benefits; amending law 104 FREIGHT-TRAINS See Sunday. G GENERAL ASSEMBLY Unfinished business carried over 999 Unfinished business, persons to remain for 1000 Unfinished business, statement of, by mail 1001 GEOLOGIST Salary increase of geologist and assistant 52 GEORGIA LOAN AND TRUST COMPANY Titles to lands, power to guarantee 977 GEORGIA REPORTS Authority to buy volumes 35-65 994 Supply to Echols County 993 GIBSON School-tax estimate and rate 675 GLASCOCK COUNTY Treasurer's salary fixed 363 GOVERNMENT See Appropriations. GOVERNOR Publication and proclamation of constitutional amendments 38 , 41 , 44 , 49 Constabulary or home guard, authority as to 91 Council of defense, to call and organize 93 GRAYSON Aldermen, number and election of 676

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GREENE COUNTY Depository; amending act of 1916 363 GRIFFIN Commission government; charter amendment. 677 , 685 GUARANTY See Trust Companies. H HABERSHAM COUNTY Streets in towns, work on 365 HAWKINSVILLE Tax levy, additional 693 HEALTH COMMISSIONER City health officer for certain counties 106 HENDERSON, WILLIAM Relief of, as surety on bond 994 HENRY COUNTY Commissioner; amending act of 1912 366 HINESVILLE City Court, terms of; juries, etc. 260 HOME GUARD Authorizing creation of, for the State 91 HOSCHTON Water, sewers, lights, and franchises 694 HOUSES OF PROSTITUTION Nuisances, houses and contents declared to be 177 I INDEPENDENT PRESBYTERIAN CHURCH Trustees; confirming charter amendment 979 INJUNCTIONS Lewd houses, etc., against maintaining 177 INSURANCE See Fraternal Benefit Societies. INTEREST Taxes bear; record and settlement 197

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INTERROGATORIES AND DEPOSITIONS Opening and inspection; return for execution 107 IRWIN COUNTY Tifton judicial circuit, transferred to 69 J JASPER COUNTY Commissioners; monthly reports 367 JEFFERSON Tax assessments, rate, etc. 696 JESUP City-court act amended 261 JONES COUNTY Treasurer's salary increased 368 JUDGES AND JUSTICES City-court judges. See local acts 211-278 Salary increases proposed 36 JUDGMENT Stay of; cost payment and supersedeas bond 63 JUDICIAL CIRCUITS See Solicitors-general, 279. Changes in 71 JURISDICTION See Local Acts relating to City Courts. K KIRKWOOD Wards defined; election of school board 697 L LABOR See Commerce and Labor Department. LAFAYETTE Eastern boundary line of city 702 School board; terms of office, etc. 703 LAGRANGE City-court judge's salary 263 Sale of public utilities 705 Territorial limits extended 705

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LAND REGISTRATION ACT Assurance, registration, and transfer of titles 108 LEWD HOUSES, PLACES, AND CONTENTS Nuisances, to be abated as 177 LIBRARIAN Code (Park's) to be furnished by 85 Georgia Reports and Acts for Echols County 993 Georgia Reports; purchase of volumes 35-65 994 LICENSES See Emigrant and Employment Agents. LIENS See Bonds. LILLY Territorial limits reduced 713 LINCOLNTON New charter for town of 713 LAURENS COUNTY Commissioners, election of 369 LAWRENCEVILLE School-tax rate; application of revenues 707 LEASES See Conditional-Sales. LESLIE Councilmen; election and terms of office 709 , 711 LOUISVILLE City-court judge and solicitor 264 LOWNDES COUNTY Seed-cotton regulations, and penalty 370 LULA Athens street, authority to close 737 LYTLE City of, incorporated 737 M MACON Health officer, alley closing, playground commission, territorial reduction 745 Municipal-court act amended; salaries, etc. 266

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MANCHESTER Extension of corporate powers 747 MARIETT Act of 1914, as to bond election, etc., repealed 767 Street-improvement assessments authorized 757 MARKETS Bureau for, in agricultural department 77 MAXEYS Schools and public improvements 768 McCURRY, A. A., DECEASED Authority of treasurer to pay per diem 995 McDUFFIE COUNTY Treasurer's salary fixed 371 McRAE Mayor and aldermen; terms of office 773 MEMORIALS Brunswick harbor defense, and navy-yard site 989 , 990 METASVILLE Town of, incorporated 774 MILITARY LAWS Constabulary or home guard under 91 MILLER COUNTY City-court act amended 268 Superior court terms reduced from four to two 70 MINES Tax returns, repealing law as to 51 MOLENA Mayor and council; election and qualification 777 MONROE COUNTY Financial condition to be posted 372 Superior court; four terms a year 71 MORGAN City court, election to abolish 270 MORGAN COUNTY Treasurer's salary fixed 373

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MUNICIPAL CORPORATIONS Charters and laws relating to 443 et seq. MUNICIPAL COURT OF MACON Amending act as to 266 MURRAY COUNTY Board of commissioners abolished 374 Board of supervisors of roads, etc., created 375 MUSCOGEE COUNTY Nominations by political parties 378 N NASHVILLE City-court act amended 271 NATIONAL BANKS Trustees, executors, etc., may be 84 NATIONAL FOREST RESERVE Condemnation; consent of owner required 182 NATIONAL TAX CONGRESS Invited to meet National Tax Association 996 NEW COUNTIES Proposed creation of 41 , 44 NEWNAN Aldermen; increase of pay 778 Nuisance, abatement of 779 School board; election and terms of office 780 NEWTON COUNTY Commutation tax; list and collection 381 Commutation tax; manner and time of collection 382 Treasurer's salary instead of fees 383 NOMINATIONS See Primary Elections. NORMAL SCHOOLS See South Georgia Normal College. Colored teachers, training-school for 195 NOTICE Railroad rates and schedules, how published 53

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NUISANCES See provisions in municipal charters. Lewd houses, places, and contents so declared 177 O OAK PARK Repeal of town charter 782 OCILLA School-tax rate 782 OCONEE COUNTY Board of commissioners created 384 OFFICERS See Counties; Geologist; Governor; Judges; Librarian; Secretary of State; Solicitors-general. Legislative, in regard to unfinished business 1001 Required to mail reports to legislators 998 P PARK'S ANNOTATED CODE Contract for 500 sets 85 PATAULA JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 287 PENAL LAWS See Criminal Law. PENITENTIARY COMMITTEES Visits to prison farm and convict camps 996 PENSIONS Assignment of; Collection by transferee 189 Salary of clerk in pension-office 191 PLANTATIONS Tax returns; repeal of law 51 POLITICAL PARTIES See Primary Elections. POLK COUNTY Treasurer's salary and bond 389 PRIMARY ELECTIONS Nominations by county-unit rule required 183 Nominations in Coffee County 338 Nominations in Muscogee County 378

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PRIVATE CORPORATIONS 975 PUBLICATION Constitutional amendments 38 , 40 , 43 , 49 Railroad rates and schedules 53 PUBLIC DEFENSE See Council of Defense. R RAILROADS Equipment contracts, attestation of 55 Rates and schedules, publication of 53 Strike, tender of good offices for settling 997 Sunday freight-trains, suspending law as to 204 Surrender of charters, acceptance of 991 , 992 , 1002 RANKIN REALTY COMPANY Rest-room in Columbus, erection of 977 RATES AND SCHEDULES See Railroads. REBECCA Public-school system 783 RECEIVERS OF TAXES See Taxes. REGISTRATION Of titles to land 108 Of voters. See local acts as to municipalities. REPORTS See Georgia Reports. Committees to make 30 , 987 Officers required to mail, to legislators 998 RESOLUTIONS 985 RETURNS See Taxes. RHINE Town of, incorporated 791 ROADS See Local Acts relating to Counties. ROCKMART Territorial limits extended 813 ROME Amendments to charter of 815

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ROSWELL New charter for town of 834 S SAINT GEORGE Two instead of four wards; four aldermen 858 SAINT MARYS Closing and disposal of parts of streets 859 SALARIES City-court judges and officers 211 et seq. Geologist and assistant; increase 52 Judges and Justices; proposed increase 36 Pension-office clerk's salary fixed 191 Solicitors-general; salaries without fees 279 SALES See Conditional Sales. SAVANNAH Board of education; powers confirmed 975 City court jurors, deputy clerk, stenographer 274 Closing and conveyance of 54th Street Lane 860 Closing and conveyance of Henry Street Lane 861 Independent Presbyterian Church trustees 979 Recreation Commission, amending act as to 862 SCHOOL OF TECHNOLOGY Appropriation for completing power plant 33 Chairman of trustees; duties and pay 194 Donations and endowments, solicitation of 194 Sale of certain property authorized 193 SCHOOLS See Agricultural and Mechanical Schools; Normal Schools; School of Technology; South Georgia Normal College; University of Georgia; Vocational Education. Endowments; proposed exemption from taxation. 39 Savannah and Chatham County Board of Education 975 Trustees of Effingham Academy 979 SECRETARY OF STATE Surrender of railroad charter, may accept 992

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SEED-COTTON Elbert County, sale in, when penal 351 Lowndes County penal regulations 370 SHERIFFS See Local Acts relating to City and Municipal Courts. SOLICITORS-GENERAL Salaries in lieu of fees in certain circuits 279 et seq. SOLICITORS OF CITY COURTS Americus; salary and fees 212 Blakely; salary 221 Cleveland; fees 224 Dawson; salary 235 Dublin; term of office 241 Franklin; salary and fees 247 , 248 Louisville; salary 264 , 266 Miller County; fees 269 Nashville; fees 271 Valdosta; salary and fees 275 SOUTH CAROLINA Boundary line, suit for settling 988 SOUTHERN JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 291 SOUTH GEORGIA NORMAL COLLEGE Appropriation for completing building 31 Trustees; amending act as to number and terms 980 SOUTHWESTERN JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 295 SOUTHWEST LAGRANGE Town of, incorporated 866 SPREAD Change of name to Stapleton, election for 872 STATE CONSTABULARY See Constabulary. STATE DEPOSITORIES See Treasurers. STATE GEOLOGIST See Geologist. STATE LIBRARIAN See Librarian.

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STAY OF JUDGMENT See Supersedeas. STENOGRAPHERS Albany city court 211 Franklin city court 258 Savannah city-court judge 274 STONE MOUNTAIN Bond commission; and public property 874 Confederate memorial; contribution day 998 STRIKE OF LABOR Tender of good offices for settling 997 SUMTER COUNTY Treasurer's salary and bond 390 SUNDAY Freight-trains, suspending law as to 204 Jurisdiction of Athens city court as to violations 219 SUPERIOR COURTS Calendar of times of holding 1010 Changes in terms and times of holding 65-76 Circuits, change in 71 Salaries of judges; proposed increase 36 SUPERSEDEAS Bond filing, and cost payment, to stay judgment 63 SUPREME COURT Salaries of Justices, proposed increase of 36 SURETIES Resolutions for relief of 994 , 1003 T TALBOT COUNTY Superior court terms changed 72 TATTNALL COUNTY Commissioners and clerk; duties 391 County warden's salary without expenses 393 TAX-COLLECTORS Lien of bonds on property of 198 No commission for handling drainage fund 100 Settlements in four months required 197

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TAX CONGRESS Invited to meet with Tax Association 996 TAXES Exemption of school endowments, proposed 39 Interest, collection, record, and return of 197 Receivers' commissions on local school tax 52 Receivers; law as to lien on property amended 198 Returns; repeal of law as to mines and plantations on county lines 51 Road Tax. See local acts relating to Counties. Settlements by collectors in four months 198 TAYLOR COUNTY Superior court terms changed and extended 72 TEACHERS See Training-School. TECHNOLOGICAL SCHOOL Appropriation for completing power plant 33 Chairman of trustees; duties and pay 194 Sale of certain property authorized 193 TEMPLE School bonds and taxation 876 School commissioners, new board of 878 THIRD DISTRICT AGRICULTURAL SCHOOL Appropriation for heating academic building 32 THOMAS COUNTY Commissioner's district added 394 THOMSON Sewers and water; bonds; taxation; sanitation 881 TICK-INFESTED CATTLE Penalty for moving 206 TIFT COUNTY Abolishment of commissioner's office 395 Board of commissioners created 396 Superior court; terms reduced from four to two 74 Treasurer's office, election as to creating 407 TIFTON Territorial limits extended 884

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TIFTON JUDICIAL CIRCUIT Irwin County transferred to 69 TITLES TO LAND Assurance, registration, and transfer of 108 Guaranty of, by trust companies 56 , 977 TOOMBS COUNTY Bulls and Boars to be enclosed 409 TOOMSBORO Tax rate; and elections 888 TRAINING-SCHOOL FOR COLORED TEACHERS Establishment and organization 195 TREASURERS OF COUNTIES See Local Acts under Counties. Deposits in State depositories authorized 199 No commission for handling drainage fund 100 TREUTLEN COUNTY Creation of, proposed 44 TRUST COMPANIES Banks may acquire powers of 81 Guaranty of bonds and titles by 56 Georgia Loan and Trust Company 977 Trustees; increase in number 62 TRUSTEES Effingham Academy; land title confirmed 979 Savannah Presbyterian Church; amendment 979 South Georgia Normal College 980 TRION Territorial limits reduced 889 TWELFTH DISTRICT AGRICULTURAL SCHOOL Establishment and maintenance of 191 TWIGGS COUNTY Commissioners' terms of office, and eligibility 409 Superior court terms reduced from four to two 75 TY TY Amendments to charter of 890

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U UNFINISHED BUSINESS OF LEGISLATURE Carrying over to next session 999 Persons remaining at the Capitol for 1000 Statement of, to be mailed to members 1001 UNITED STATES Flag, penalty for unlawful misuse of 203 National forest reserve; amending law 182 Vocational education; accepting Federal law 200 UNIVERSITY OF GEORGIA Appropriations for, under general law 16 Branches; district agricultural schools, etc. 31 , 32 , 191 , 195 Committees of General Assembly, visits by 1001 V VALDOSTA City-court fees abolished in criminal cases 275 City-court judge's salary 277 Transfer of misdemeanor cases 278 VALDOSTA STREET RAILWAY COMPANY Surrender of charter amendment accepted 1002 VIDALIA Board of education, election of 895 VOCATIONAL EDUCATION Accepting Federal law to promote 200 W WACO Councilmen, five instead of four 896 WALESKA Territorial limits shortened and defined 897 WALKER COUNTY Board of commissioners; new board created 411 WALTON COUNTY Board of commissioners created 415

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WARE COUNTY Treasurer's salary increased 421 WASHINGTON COUNTY Deposit of county funds 422 WAYCROSS JUDICIAL CIRCUIT Solicitor-general; fees abolished; salary fixed 299 WAYNE COUNTY Bond of depository 422 WESTERN AND ATLANTIC COMMISSION Appropriation for expenses, additional 34 WHEELER COUNTY Superior court terms changed and extended 76 WHITE COUNTY Board of commissioners abolished 425 Board of commissioners created 425 Treasurer's office abolished; depositories provided 430 WHITE PLAINS City of, incorporated 898 WILCOX COUNTY Commissioners' clerk; election, duties, pay 434 WILKES COUNTY Abolishing commissioner's office 435 Board of commissioners created 436 WINDER New Charter for city of 926 Repeal of existing charter and amendments 923 , 924 , 925 WRENS School-building bonds 971 School-tax increase 972 Territorial limits defined 973 YOUNG, J. H. Relief of, as surety on bond 1003